Caroline Town Board Puts Kibosh on Frack Ban Resolution

(file photo from meeting in summer)

Tuesday night it was standing-room-only at the Brooktondale Community Center as Caroline residents took the floor to argue in favor of a frack ban. The resolution is short – only 55 words – simply asking the town to ban high-volume slickwater hydraulic fracturing because the intensity of industrial development would threaten the town’s “clean air, clean water, soil, rural landscapes, and health” as well as its social and economic well-being.

But – despite the fact that 50 people spoke passionately in favor of the ban and only a handful argued against it – the Caroline Town Board did not pass resolution. Town councilman Dominic Frongillo and town supervisor Don Barber were the only “yes” votes. Council members Linda Adams and Toby McDonald voted no and Councilman Peter Hoyt abstained, essentially killing the resolution.

While many people reiterated the known dangers to health from air and water pollution, it was Frongillo’s closing statement that brought the crowd to its feet.  “We are gathered tonight to affirm that we are one town,” he said, “that we choose the future not just as individuals but as a community.” He reminded people of the hours they put into crafting a Comprehensive Plan to guide the town’s development. That vision for the town, he said, describes “a safe, affordable place to call home, a vibrant local economy with locally-owned small businesses that enhance our rural town, clean water and air, healthy forests and farmland, and a revitalized farming community for future generations.”

Gas drilling – on the industrial scale being proposed – would fundamentally alter the town’s character, Frongillo said. Industrialized drilling isn’t compatible with the plan for the future and takes the town in the opposite direction from that which the citizens outlined together. 

“Contrary to what some tonight have said, we have a responsibility to our citizens to protect the health and welfare of our community,” Frongillo stated. “The five of us sitting at this table represent and must be advocates for everyone who is affected by our decisions, including children and future generations.” When one-half of the registered voters ask the Town board to do something, it’s the board’s responsibility to listen, he said.

In response to fears about lawsuits, should the town adopt a fracking ban, Frongillo said he would rather the town place the health of its citizens over avoiding lawsuits from a foreign corporation.  “I would risk that we placed the concern for the downstream effects of our actions over the potential for trickle-down money to some in our community,” he stated. “I would risk that we used this moment to recommit to our vision for community we are proud to leave for the next 20 and for the next 200 years.”

As for the results, Frongillo reminded people what their effort was for. “This resolution is about hope,” he said of the frack ban. “Hope that every farmer for another seven generations can earn a decent living on their land. Hope that our kids can play outside without fear… On behalf of past, present, and future Caroline citizens, I cast my vote for investigating every available means to protect our town, our water, air, community, roads, housing values, safety, farmland, rural hillsides, local economy, and our democracy.”

Though disappointed by the vote, the crowd seemed neither surprised nor dismayed. Many people are looking towards the November election when both Hoyt’s and McDonald’s seats are up for grabs. Both candidates running for those seats have expressed strong support for a fracking ban and suggested that the resolution could be revisited in January.

Thank you to all the people who contributed to this post.

Democracy Remains Un-fracked

Last night Caroline residents once more filled the town hall for discussion and a vote on what’s become known as the “Ban the Ban” resolution. About 30 people spoke during a two-hour privilege of the floor session. In the end the resolution was voted down 4-0, with one board member abstaining.

The resolution’s stated purpose was to “clarify the role of the Town Board” regarding gas drilling. If passed, it would have prohibited the Town of Caroline from taking any action to either encourage or limit gas drilling (read more here and here). But last night, most of the residents who spoke made it clear that they wanted their town to be able to take a stand against fracking.

I was unable to be there but Bill Podulka, chairman of ROUSE (Residents Opposing Unsafe Shale-Gas Extraction) gave me a quick run-down on what happened last night.

Board discussion was brief, says Podulka. Council members Toby McDonald and Peter Hoyt, who during June’s meeting spoke in favor of the resolution, declined to comment. Councilwoman Linda Adams, who co-authored the resolution with Hoyt, acknowledged that all the statements made by the public at the June meeting and last night made her realize that the community clearly wanted the Town Board to play a role regarding gas drilling and shouldn’t simply limit itself to roads.

Councilman Dominick Frongillo stated that the Town Board is just beginning to understand the impacts of gas drilling on the community. In his mind, the legal issue of whether the town is preempted by state law is not yet settled.  Since gas development would conflict with the town’s Comprehensive Plan, Frongillo felt the Town Board should not limit its role.

Town supervisor Don Barber spoke at length, and with eloquence. He explained why he opposed the resolution and laid out several actions the town should take. Podulka summarized several of Barber’s key statements:  

1) The role of government in a civil society is to protect the health, safety and well-being of the citizens, and to protect the process of democracy.  At the Federal and State level, government is run by the rich and does not look out for the best interests of the citizens.  As the only level of government still accessible to and responsive to the common citizen, local government is the last defense against runaway corporate power and must stand up in defense of civil society.

2) Property rights include the right to peaceful enjoyment of one’s property.  The size of one’s property holding does not affect the size of one’s rights.  Barber asked about the effects of huge multinational corporations entering the Town of Caroline (as would happen with high-volume hydraulic fracturing). They will impact our freedoms, he said. Even leasing itself is a loss of freedom, as landowners cede control over minerals and often the surface of their land to a non-human, corporate entity.

3) Addressing concerns about zoning issues, Barber noted that with no public input whatsoever, Caroline has just made a major shift in land use policy, as control of more than 50% of the town’s land area has been handed over to corporations through leasing.  He pointed out that zoning and other town-based land use decisions would require public notice and public discussion.

4) On the issue of preemption, Barber noted that the revised SGEIS recognizes the role of local governments in setting land use policy and clearly indicates that the DEC, at least, will not sue towns over the preemption issue. State preemption of local authority is not a black-and-white issue, and because of this uncertainty he called for the resolution to be rejected.

Acknowledging that gas drilling is a polarizing issue, Barber asked all sides to “remain sensitive to the possibility that they might be wrong.”

Finally, Barber laid out a road map of actions he would like the town to take:

•  Enact industrial site plan review legislation.
• Adopt rigorous aquifer protection plans.
• Develop a strong road preservation law.
• Give serious consideration to a ban or other control by the town on high impact industrial uses.

When the vote was called here was no vote in favor of the resolution. Hoyt abstained; citing conflict of interest, he promised to recuse himself on all votes regarding gas drilling for the remainder of his term. Adams, McDonald, Frongillo and Barber voted against the resolution.

Last night Democracy won. But, said Podulka, “It is only with the strong backing of [Caroline residents] that our Town Board will have the courage to make a firm stand in favor of the majority interest of the citizens of our community.” A good reason to attend town board meetings….