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Frack No, Residents Say
Rochester Ready To Pass Its Moratorium

ACCORD – When the Rochester Town Board set a public hearing on a law to ban fracking and related activities in the town, Supervisor Carl Chipman braced himself for controversy.

"I figured we'd hear from people on both sides," he said. And given the town's history, he was expecting that sparks might fly. Indeed, the room was packed on the evening of June 7, when Chipman called the public hearing to order. But every person in attendance spoke in support of the law. Board members were thanked and commended by many of the attendees, and the only words of criticism were in favor of making the proposed law still stronger.

In anticipation of controversy, Chipman opened the hearing with some comments about proper decorum.

"We're all neighbors here, and our town will not tolerate any disrespect," he said.

The supervisor reminded the audience that comments were to be directed to the board, and that no dialog would take place with other attendees or the board itself.

"The board's job is to listen," he explained. "We take your comments very seriously."

Some of those comments were directed at the board's decision to remove the word "petroleum" from the draft law before the hearing was even scheduled. Others encouraged the board to pass a separate rights-based law, which would ban fracking as a violation of human rights, even as this law does so using the town's right to oversee zoning.

Regulating petroleum products in an area without any oil seemed excessive to some board members; Brian Drabkin went so far as to joke that he had an oil rig in his front yard, and he didn't want its activities curtailed. Tavi Cilenti was concerned that the language would impact businesses that store or sell heating oil and other petroleum products. A majority of the board agreed to remove the wording, as it wasn't clear that it was needed.

Sis Ortlieb disagreed.

"I want 'petroleum' in the law," she told the board, because, "it's the same process. If you leave any word out, the oil companies will wiggle their way in."

A rights-based ordinance is being advocated by the CELDF, one of the two groups providing legal advice to municipalities in the state. Drawing heavily upon the Declaration of Independence, model laws of this type forbid fracking because its impact on health and the environment violates basic human rights. Proponents say that these laws will never be challenged in court because the petroleum companies don't want to have a public dialogue pitting their interests against human needs. Moreover, if New York suspends local home rule, as happened in Pennsylvania, rights-based ordinances are believed to be the last defense against fracking in the town.

Others, including Chipman and most of the board, believe that such laws have little or no legal value. "Our laws are based on the Constitution, not the Declaration of Independence," Chipman has said in the past.

Other speakers referred to the need to get a statewide ban, as water "knows no boundaries," as several attendees said. The fact that many of the chemicals used in the process are considered hazardous materials except when used by a petrochemical company was also pointed out. Some asked if there was any way to expedite the process of passing the law.

"When we rush things, we make mistakes," said Cilenti in response to the comments pressing for swifter passage.

Chipman agreed, explaining that the public hearing was being continued to July 5 for good reason. The county and town planning boards had not yet had a chance to weigh in, and the board needed to ensure that anyone who wished to speak would be heard.

"We're moving as quickly as we possibly can, and we will take all your suggestions into consideration," Chipman said.



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