The Concerned Citizens for Safe Air and Water were formed by Kathy Cash,
Sandra Fallon, Alice Meehan, Ann Payne, Catherine Tall out of concern for
the Marcellus shale drilling permits at the Morgantown Industrial Park. They
organized a large meeting at the Morgantown High School on Friday night,
May 20th. The attendees divided up into 5 committees – one of which was the
legal committee chaired by Kitty Lozier and Duane Nichols. I was unable
to attend the meeting at MHS.
The legal committee was interested in finding out how the cities of
Pittsburgh, Buffalo and other locations had adopted their bans against shale gas
extraction. They learned that the technical assistance had been provided to
each of these city councils by the Community Environmental Legal Defense
Fund. The program director responsible for the ban ordinances was Ben Price.
Price was familiar with the Wellsburg ordinance and has been working with
the Pocahontas County citizens in WV as well.
Kitty and Duane were able to set up a conference call with Ben Price and
with the some of the rest of the committee members at 2 p.m. on Thursday,
May 26. The legal committee asked Jenny Selin and me to join them because of
our council activity in support of the resolutions that I drafted before
the previous City Council Meeting on May 17. During the first conference call
Price offered to draft an ordinance and to come to Morgantown to speak in
its support. The committee members on the call were pleased with his offer.
Nichols offered to coordinate the arrangements.
A second call was set up for May 27 at 4 p.m. in which I was unable to
participate. Late Thursday afternoon I did, however, call the City Manager and
asked him to place the consideration of an ordinance “protecting public
health, public safety and public welfare” on the agenda for the May 31
Committee Of The Whole Meeting – even though at that time (because Chambersburg
services being disabled by the violent storm earlier Thursday), we had not
yet received a copy of the draft.
The first draft became available for the 4 p.m. Friday call. I received my
draft about 8 p.m. that evening when I returned home (May 27). On Saturday
a.m. I made several calls (which were difficult to complete due to the
holiday weekend), and then called Price back on Monday (May 30) noon with some
recommended changes and corrections that had been suggested by different
persons. I received a copy of the revised draft that would be presented at
the meeting by Councilor Selin late Monday evening.
All of this push was deemed necessary because of the state of the drilling
plans and preparation on the drill site across the Mon river. Waiting a
month until the June COW made no sense at all to anyone on the committee.
I was unable to contact Mayor Byrne throughout the weekend and finally
after consultations with Councilor Selin did sent out the copy of the proposed
ordinance to the full Council at 9:00 a.m. on Tuesday morning. I did not
consult with the City Manager before sending out the material to the
Council. But copies of the email and the ordinance were sent to Terrance Moore and
Jeff Mikorski simultaneously with the 9 a.m. Council mailing.
The names of the persons on the original conference call on May 26 were as
follows:
Kitty Lozier, League of Women Voters
Jenny Selin, City Council Member
Don Spencer, City Council Member and Deputy Mayor until June 30
Linda Shuster, Mon Valley Clean Air Coalition
Robert Bastress, Professor, WVU College of Law
Evan Hansen, Environmental Consultant, Downstream Technologies
Duane Nichols, Monongahela Area Watersheds Compact
Members of the legal committee of the Concerned Citizens for Safe Air and
Water hosted Price and paid for his travel and lodging from Chambersburg,
PA.
Don Spencer, Morgantown City Council
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THE DRAFT ORDINANCE, ATTACHED, WAS INTRODUCED TO CITY COUNCIL IN THE
"COMMITTEE OF THE WHOLE" THIS PAST TUESDAY. AFTER EXTENDED DISCUSSION
IT WAS "FORWARDED TO RESEARCH" RATHER THAN BEING "FORWARDED TO THE
AGENDA FOR THE UPCOMING COUNCIL MEETING ON JUNE 7TH.
THREE OTHER RESOLUTIONS HAVING TO DO WITH THE MARCELLUS DRILLING
WERE "FORWARDED TO THE AGENDA" FOR THE JUNE 7TH MEETING, ONE OF WHICH
WAS A BAN ON DRILLING WITHIN THE CITY LIMITS AND EXTENDING OUT ONE MILE
PATTERNED AFTER THE WELLSBURG (wv) BAN ON SUCH DRILLING.
Mayor Bill Byrne says that the CELDF ordinance (attached) has a very weak
legal foundation,
and is no consistent with State law. Ben Price of the CELDF says that
the Wellsburg ban has
a weak foundation and can be easily overturned in the future. We shall
see if anything gets done
in future City Council meetings.