Drill ordinance hearing gets OK

EILEEN GODIN Times Leader Correspondent

HARVEYS LAKE – A motion to hold a special hearing on a proposed gas-drilling ordinance written by the Community Environment Legal Defense Fund was approved at Tuesday night’s borough council meeting.

The motion was passed 3-2, with council member Ryan Doughton and council President Frances Kopko voting against.

Council member Boyd Barber abstained due to requests from residents, stating he holds two natural gas leases in another municipality.

This step will allow council to legally advertise the ordinance and schedule a date to hold the meeting. Borough Solicitor Charles McCormick said a special hearing on the ordinance would lead to a vote on it.

Proponents contend the ordinance is written to protect the rights of residents to have clean drinking water and clean air.

The ordinance states “corporations and persons using corporations to engage in natural gas extraction in a neighboring municipality, county, or state, shall be strictly liable for all harms caused to natural water sources, ecosystems, and natural communities within the borough.”

A debate, sometimes heated, between residents and council members lasted for one hour. Seven residents stood and requested council pass the public hearing.

On Saturday, concerned residents held a public meeting of their own about the ordinance. Council members asked how a new public hearing would differ.

McCormick said a public hearing would make council either approve or deny the ordinance.

Council members wanted some clarity on the difference the ordinance would make verses using the borough’s zoning laws.

There are two large differences, said resident Neil Turner. The proposed CELDF ordinance would give some protection against spills.

“You could be sued either way, through local zoning laws or under the ordinance,” Turner said. “The CELDF would help by preparing briefs. It could help save money.”

Council member Diane Dwyer asked the residents what would they do if the ordinance failed.

Turner said they would keep pushing. Activist Michelle Boice stood and said, “We will get four new people in who will pass it.”

After the meeting, McCormick said he is primarily concerned with the legality of the CELDF ordinance and the potential cost if a legal fight ensues.