Sun Mess

The gas well issue was the front page story for the Sun Messenger. Must have been a slow news week.

One of the letters submitted to the editor -

I was more than a little shocked and outraged to hear a representative from Bass Energy state at last Monday’s Planning and Zoning Commission meeting that Bass intended to begin clear-cutting several undeveloped, forested areas of Highland Heights park on Friday, November 16th.

Highland Heights residents were never told that the city had authorized Bass to put gas wells in the city park.
City council agreed on Tuesday night to hold a public hearing on the matter. I just hope it’s not too little, too late. Here are a couple of issues that they need to consider.

First, fiscal responsibility. Mayfield Heights is in discussions with several different energy companies. If Highland Heights wants to put gas wells on city property, it should use a competitive bidding process, not engage in secret negotiations with one company. It also needs to conduct a realistic cost/benefit analysis. Gas wells are a short term proposition. The Bass representative stated that wells produce most during their first year and are usually capped within eight. Restoring the park will take a lot longer than that.

Second, there is a tradition and commitment in Highland Heights to preserving undeveloped green space in the park. Twenty six acres of parkland were bought in 1994 for that very purpose. The city’s decision to allow gas drilling and clear-cutting of wooded areas flies in the face of long-standing community values.

Finally, the city is the landowner here. It gets to decide whether--and where--to allow gas wells on city property, and it has to obey its own laws in doing so. Highland Heights Ordinance 733.20(d) specifically states that no person, firm or corporation shall drill a gas or oil well within 500 feet of a residential property line, a public park, or a playground. I don't think the law could be any clearer than that.

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Here is another.

The proposed plan to construct gas wells in Highland Heights Park is proceeding too quickly and requires further study. It is reasonable to request that Highland Heights City Council and Mayor Coleman support the idea that no decision be made about gas well drilling in the Highland Heights park for the time that it takes to look at options and inform residents.

I have seen petitions with many signatures of Highland Heights residents who support the idea of delaying this decision on gas well drilling to allow for further study.

Thank goodness I did not wake up one morning, at least of this writing, to find over 100 trees down in the park area behind my back yard and not know why the trees were coming down. While I personally do not oppose gas well drilling in all cases, I at least want to know why we need to drill in our park and take down so many trees. Could we drill in another location? Could the city buy other treed property to replace the green space lost? What is the most environmentally friendly way to approach drilling? These are some of the questions we need to debate before the work begins.

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Rumor has it that Bass will drill unless there is a court order to stop. They want to drill before the lease is up on their expensive equipment. Permits shmermits! We don't need no stinkin' variances!

We will have to see if the city will get extra money if Bass pays fines due to illegal drilling.

The opinion was expressed that ORC 1509 does not supersede city ordinance 733.00 et. seq. when the City itself is the lessor. 733 applies because the City is the landowner.

Going forward may violate several sections of the lease contract. Section 8 of the lease requires the company to obtain written approval of the location of the well...prior to commencing operations. It states this requirement twice. Needless to say written approval has not been given. Further Section 17 of the lease gives the city the right to remove company workers for good cause--not having approved well sites would be "good cause."

(And, speaking of Ord. 733, since it applies has anybody considered the other requirements contained there?
First there are the procedural requirements--public notice and hearings, P & Z approval, council approval etc.--then there are setback requirements; and finally there are construction requirements for roads, and well sites etc. None of these have been complied with. Clearly the city has recourse.)

All is not well with this deep subject. he he.

Someone on our street said they called the mayor's office and spoke with his secretary. She said that the mayor is still out of town. She said that she faxed a notice to Bass Energy to not proceed and also talked with the president of Bass who said he would not proceed.