A split Schoharie town board became the first one in Schoharie County last week to approve a moratorium banning hydrofracking.
After a sometimes heated 90-minute discussion on a possible moratorium, board members agreed in a 3-2 vote to approve the one-year ban.
The moratorium, which was prepared for the town for free by Ithaca attorney David Slottje, will give board members time to review its zoning laws and see if changes have to be made that could lead to a ban on fracking, said Supervisor Gene Milone.
It does not mean that a permanent ban will be approved, he said.
After a short public hearing at which 16 people attended, town attorney Raynor Duncombe said a moratorium is not needed since gas and petroleum exploration and extraction is not a permitted use in any district in the town's zoning law.
If it is not a permitted use, it is prohibited, he said.
"You couldn't be more clear about that," said Mr. Duncombe, who helped write the town zoning laws with Councilmen Richard Sherman and Alan Tavenner.
Mr. Milone argued the point with Mr. Duncombe.
"No where does it state fracking is prohibited," Mr. Milone said. "It cannot harm us to put it in writing specifically."
He said he was not convinced that the town's zoning stops fracking.
"I want to be absolutely certain."
Mr. Duncombe noted that other towns that have specifically passed a moratorium against fracking and have been sued.
"We don't govern by fear," Mr. Milone said.
It is extremely important to protect the health and safety of the residents, Mr. Milone said.
"No one has stepped up to the plate and signed the paper that states, 'We guarantee you won't have any contamination from this process.'"
Councilman Sherman told Mr. Milone that the town could be sued if it starts singling out industries.
"You're treading on dangerous, dangerous ground," Councilman Sherman said.
A lawsuit against the town will cost money to defend, he added.
"Where's the money for an impending lawsuit?" he asked. "Have you been on Main Street?" Where the hell's the money coming from, Gene?"
Mr. Milone answered, "We can't afford not to do it. That's the price you pay for standing up and protecting what you believe in."
Councilman Tavenner said a decision had to be made.
The board had many more important issues to discuss since the flood, he said.
"We can't spend another six months wallowing in this," he said. "Suck it up and make a freaking decision."
Fracking is a small part of the business of the board but has dominated meetings this year, Mr. Tavenner said.
"Every meeting has been shale gas, shale gas, shale gas" and then the rest of the board's business gets pushed to the last 10 minutes of a meeting, he said.
Mr. Milone said that the moratorium does not have to last a year and could be less than 12 months.
He said he will push for a rapid conclusion and that the board will work with its planning board and county planning to study any possible revisions to the zoning law.
Mr. Milone, and Councilmen James Schultz and Matt Brisley voted in favor of the moratorium while Councilmen Tavenner and Sherman voted against it.
The four speakers at the hearing were in favor of passing the moratorium.
Resident Glenn Sanders said the moratorium, which has no downside risks, would protect the town and give it a full range of options for its zoning laws.
The moratorium, he added, needed to be approved before the state DEC began issuing drilling permits or the town could face lawsuits.