Dralt VILLAGE OF NAPLES VILLAGE BOARD OF TRUSTEES PUBLIC HEARING HYDROFRACKING MORATORIUM, VILLAGE ANNEX ‘September 21, 2011 PRESENT: Mayor Braun; Trustees Frappier, Williams and Donadio; Attorney Miller; DPW ‘Supervisor Schwartz; Florence Presler; John Cowley; Elisabeth Johnsen-Cowley; Suzanne Cowley; Emily McFaul; Judy DiRaddo; Christina Kansco; John Hall; Sue Kingsbauer. 7:00 PM Call to order. Mayor Braun noted that the draft legislation needs additions. Trustees Donadio and Williams spoke in favor of the law but added that the penalties should be strengthened up to and including criminal charges. Trustee Frappier was in favor of it in order to allow time to gather more information. John Cowley suggested addressing heavy industry and pumping gations in the law as well. Elisabeth Johnsen-Cowley urged the Board to send a representative to a workshop regarding hydrofracking in Tulley on October 3. Sue Kingsbauer asked if a ban is possible. Mayor Braun noted that the moratorium is needed to explore the possibilities. Sue Cowley and Judy DiRaddo spoke in favor of the moratorium and thanked the Board for their efforts. There was a discussion about including heavy industry in the legislation. Chris Kansco said that this could address issues such as pumping and use of roads. Trustee Donadio noted that heavy industry can (> beregulated underhome rule. Attomey Miller sid he does not see a benefit to including heavy industry and advised that the legislation should focus on hydrofracking and related activities. He agreed that pumping activities should be included. Elisabeth Johnsen-Cowley had a concern that addressing hydrofracking exclusively could be considered discrimination against one industry. Attomey Miller said that is the function/purpose of zoning. The hearing closed at 7:13 PM. Jian, be Tamara Hicks Clerk MIN9-21-11 ph hydrofracking moratorium 1A LOCAL LAW IMPOSING A ONE YEAR MORATORIUM ON HORIZONTAL AND DIRECTIONAL GAS DRILLING AND HYDRAULIC FRACTURING Section1. TITLE This Local Law shall be know as the “Moratorium on Horizontal and Directional Gas Driling and Hydraulic Fracturing Section 2. | STATEMENT OF LEGISLATIVE INTENT eat tis te purpose of this local law to prevent to prevent potentially serious detrimental effects posed by the practices of horizontal or directional gas Gang and hycraue io racurig, ing), which could threaten the Vilage of Neples through potential contamination of aquifers and fresh water supply, the use quantities of water, the disposal of fracking fluids, the release of chemicals used ng process al of which could result tho Jesredaion of he Vilage of Naples! icant ervronmentl, nafural, and aesthetic resouross. The Board of Tustaes of the Vilage desros o address ina caret manner the Bossibie envronmanta, economic and sail mpcatons regarding echo ry acts in lato to yet ag Should OF eines at ll wirin te Vilage, anf so, under what rcumstanoas, The Board of Trustees therefor ds tha tin order o protect and promote the general health, safety, and welfare of the residents of the Village it is advisable to enact a 9 car aortas on tne Nyro process ard al elec achvibes witin tne iis of the Village of Naples. Section 3. DEFINITIONS A. sgytfORIZONTAL OR DIRECTIONAL DRILLING - The practice of digging well fist, down vertically toa depth above the target gas-bearing rock formation, then on a curve so that the hole is drilled Weoizoralyor ata angio win he gos Doar Tock se ee FRACTURING OB HYDRO-FRACKING - The pate of ing a fluid and a propping mater ‘composed of sand or other chemi San a well under high pressure to roate Yacures i ges Bearrg Ook VILLAGE - The Village of Naples, New York VILLAGE BOARD - The Board of Trustees of the Village of Naples PLANNING BOARD - The Planning Board of the Village of Naples ZONING BOARD OF APPEALS - The Zoning Board of Appeals of the Village of Naples G. CODE ENFORCEMENT OFFICER - The Code Enforcement Officer of the Village of Naples Section 4. MORATORIUM mmogoWOSIHOH 410 WUISOT AHCI Ahoy 3) cae OY WHITER Ou 1 ote bye Dew ewil HRJeriayls ts igre! ait il Injen ta noes oils. Tese axe O17 asin Ob isbiC slogeivne ai fi apsli¥ orto O JATHOROE 5 03 ilgahies priguth 19 aattomy « : unos HU DING b -SDALIV eu? Ga0g doa jury Sei AACE