the minutes excited to be approval minutes a regular council meeting on september twelfth i move that the minutes be approved as submitted after their councils attention through the auspices of our state's resented having our state senator we had a delegation here from the department of community economic development including the secretary for the department  they were here to look at the pipes a per cent need to be funded under the great program a great program which we did not receive last year in that which we applied to this year so we had a chance to show that show the secretary things that they commented on was that they don't see projects of that scale right now and we explained to her that we're going to need the state to be a partner in the development of that that property including perhaps consideration for putting it in the state's capital budget so i or description of what those infractions meant or what was the associated family based upon those interactions that's been appended on to the policy that you saw or so i i think it now meets the what you were after  overlays for natural gas drilling and i think that as important as anything that no longer will it be a conditional use and and all those areas that are shown on the drawing  in addition to that it restricts natural gas drilling to industrial zones in and that is in fact in concert with the supreme court decision  hearing about the negative health impacts of the castro and we received a lot of testimony about the distance at which those impacts could be felt i have expressed my opinion quite a number of times that i do not believe i did not believe i don't believe now and probably won't believe in the future that five hundred feet is a sufficient setback i personally don't know comments by saying that under no circumstances do i support unconventional gas drilling in residential neighborhoods and certainly as a father of two young children i certainly am concerned with the environmental studies we've seen and some of the other issues with health concerns and whatnot but i am greatly concerned the what this ordinance is going to do given the fact that we are essentially pigeonholing oil and gas on conventional drilling into the industrial districts  is create a situation where we may be challenged and a total ban may be found by a court and if a court finds a total ban then we've gone and out right banned oil and gas on conventional drilling as you know as everyone in this panel knows anyone who comes in with an application would be entitled to site specific or at least now we can debate whether or not robinson stands for the proposition that you can't have unconventional drilling in a residential area i don't think there's any question that it stands for the proposition that you can't have unconventional gas drilling in a residential area question is this is a residential area the same as a residential area the idea that i could go today and sink a well in the middle a stone injure in the middle of any other plan in this township certainly i don't think anyone on this panel thinks that and i'm certain that's not what the supreme that's certainly what supreme court said now can i go and sink a well in the middle of a five hundred acre tract that hat that is zoned residential but has no homes there i don't know i mean commonwealth cases before the supreme court now we don't know what the supreme court's going to do automatically if the supreme court in that in reviewing gore so wind comes to the conclusion that in fact you cannot have unconventional drilling in a residential area then my concerns are assuaged however at this point in my opinion that is still an open question and i think that by enacting this ordinance we are potentially opening ourselves up to liability and a challenge by any property owner whose gas rights we may be a deemed t pages of the robinson the situation where the court says you cannot have unconventional drilling in a residential area it does not say that i wish it did i wish it would have made a decision one way or another because and we would keep debating this issue until until that and it does say analysis is correct if in fact there's the potential that someone could look at that zoning district and i do not believe this but if someone looked at that zoning district can determine that by its nature it excluding gas drilling you would be no worse off than you would be if one of these areas that where shown in the overlay district was to be developed in fact you would be in better shape because if someone came in with your an amendment and wanted to place it on one of the signs at least the township then would have been placed the regulations that accompany the back that it is a use that is provided for in a district if in fact we take the musician that it can't be anywhere in town and someone comes in with a cure and amendment now we have no local regulation and so you end up with the worst of all situations you end up with a well placed in a location where you don't want it and know the local regulations such as the five hundred foot setback or the five hundred foot  meantime for the last year plus we've probably been living under a repeal of this under the pending we're talking anyway we've been living under the auspices of these overlays are gone but the problem we had was if we let it fall becomes undefined  they do not have  in this case we know that drilling is an industrial use and when i when i have read that decision and i think this is where mr smith comes down is that you get in have drilling in one of these locations and it's just that and that those other uses that occur around it must also be industrial in nature now i know there's a difference of opinion as to whether or not it needs to be classified as industrial or whether it can be a mineral extraction and that allows for agricultural as well as gas drilling but what i think clearly that we understand that it can't be is residential and drilling and so that's really what this gets to it and you know the other thing that that is a concern that when you see these these drill sites go in that after they're developed they look relatively benign they the site sits there and kidney easily be fenced in screen and you could have homes then located close to that drill site only to have it revisited is because that zone is the zone that's indicated inside the zone in order for all users not provided for the difference would be it would occur there without local regulation because if you look at the ordinance there's a whole set of regulations that were particular approval second thing i think i have to take exception to what you just said about the probate property when i read the letter that's in here it talks about p c s a preferring gravity flow us on notice that this doesn't solve the problem is it completely we need to look for another way some opportunity to get gravity flow for the remainder of the property but this is required regardless i'm not sure that i read again we need to keep in mind is that what we were asked to do was to look at the cost to repair and also the possibility of selling property and i just wanted to get that in front of council so they knew that was out there the other thing is we just got in this that project my for the cooperation from penn dot both in terms of design and communications what was going on maintaining the schedule and not really did a great job on this project one of the things that i have done is the ma expressed interest we have to go out and do this in a public way you know in terms of soliciting proposals but that the idea that sign was dillies generate a list of people who might be interested so we have them can you explain i'm sorry but you mention the title