Is it Game Over For Fracking in Arlington, TX?

3-6. That was the final score on June 9th when Arlington City Council denied TEP Barnett’s request to amend a specific use permit to establish a drill zone to sink three additional gas wells near Pioneer Parkway and State Highway 360. For the first time in over a decade the citizens prevailed against an oil and gas giant.  Public opinion about fracking has shifted significantly in recent years, and e-mails of opposition poured in to the city for this case. 

So, what caused council to suddenly do a 180?  Did they experience an epiphany? Were they punch drunk from taking repeated blows from citizens railing against these bad neighbors over the past decade? With the City of Arlington facing budgetary shortfalls during this time of COVID19, would they go out on an economic limb and risk an expensive law suit to openly defy HB40 ~ legislation which stripped municipalities of local control related to oil and gas activity? The short answer is no, and it is unlikely that this bill will be overturned any time soon due to the current political climate in Texas. Fixing the problem of gas drilling inside neighborhoods would require a workaround. Thankfully, Arlington citizens elected a Mayor skilled in the art of the deal. All bets are on that there will be new development coming soon which won’t include any new gas wells. Of course this is purely speculation. 

For now, enjoy a cold drink during this fracking intermission and stay with us until it is game over for the oil and gas industry in Arlington. 

If you missed the public hearing on June 9th, click here for that link. 

Dear Arlington, TX City Council

 

June 9, 2020

         Subject:  SUP09-21R1 (AC360 Drill Site) 2000 South Watson Road

Dear Mayor Williams and City Council Members, Dear Mayor Williams and City Council Members,

The oil and gas industry has had their knee on the necks of citizens and municipalities for too long.

We can’t breathe.

It is evident to all by now that allowing for corporate interests to explore and drill and frack for gas hundreds of feet from the fence lines where people live and children play was not only a terrible mistake but a dangerous one.  

In this particular case TEP Barnett wants a variance to an already insufficient setback of 600 feet. Approval would result in the release of tons of toxic emissions into the air we breath during a worldwide pandemic when COVID19 is attacking the respiratory systems of the weak and frail as well as the strong. Heavy industrial mining is incompatible with residential communities. We all know this, yet time after time again we witness council violating their own consciences due to a corrupted state legislature complicit with an industry that fuels their campaigns.

I implore you to come out from the shade of HB40.  This is not the time to put profits over people.  We need your help in taking the knee of oil and gas off our necks so we may live and breathe and peaceably enjoy our properties in a city which is governed in a manner which causes no harm to the most vulnerable in our community.

I pray you deny TEP Barnett’s request to establish a drill zone at the AC360 Drill Site.

Warmest regards,

 A Concerned Citizen  

xoxo

PS: 1) There was an earthquake in Joshua yesterday. https://earthquake.usgs.gov/earthquakes/eventpage/us6000a7ty/executive?utm_medium=email&utm_source=ENS&utm_campaign=realtime

2) There was a gas pipeline fire on April 18th which occurred two exits to the south of proposed drill zone. Note that this happened during the quarantine.  Had it been a normal Saturday, this intersection would have been gridlocked due to Traders Village traffic and there would have been casualties.  https://youtu.be2

Will Roxanne put on the red light in District 3?

During the city council meeting on November 29, 2016 Rivera Rivera announced with tears in his eyes that he would not seek re-election.  A few hours later a young single mother came virtually out of nowhere to announce her plan to run for Arlington City Council District 3.  Her name is Roxanne Thalman.  People in our community had never heard of her, except for the buzz around town concerning a so-called skeleton in this woman's closet. 

Last week outside the League of Women Voters Candidate Forum a married couple stood quietly across the street protesting outside the Lions Club. They claimed that Ms. Thalman wrecked their lives. Their story is absolutely gut wrenching.

During the League of Women Voters Candidate Forum last night one couple quietly protested outside. #ArlingtonTX #AmericanDreamCity pic.twitter.com/ePSxiXMG64

— Fish Creek Monitor (@Fishcreek1269) April 18, 2017

We will not speak to that incident at this time, but can show you the money because elected officials tend to represent those who support them financially. That's just Politics 101. To date, over 90% nearly 99% of Ms. Thalman's campaign contributions have come from outside District 3. Click Here for the link to the campaign finance reports.

We've highlighted one donor who piqued our curiosity. His name is Jagdip Patel, and he contributed $1001 on March 16th to the Roxanne Thalman campaign. According to TAD records, he owns a home in Southlake with a market value of $1,453,875.  These records also reveal that this individual owns substantial mineral interests with XTO in Arlington. This begs the question ~ whose side will Roxanne be on when the gas drilling ramps up again? It has been our experience that surface owners ie, people who live on top of the shale have no rights when it comes to protecting their homes and quality of life. Unfortunately, many people who own their minerals don't live here, which is why there has been such a loud outcry against oil and gas rules currently in place.  

According to Corporation Wiki, Mr. Patel has been associated with 25 companies over a 23-year period.  Records show that he is involved with the hotels industry which would probably connect him to the entertainment district of Arlington where a new one billion dollar stadium will be built on the taxpayers' dime. In light of this we especially need a candidate who's going to go to bat for residents who actually live on the southeast side where there are telltale signs of urban decay, increasing crime, and the sight of panhandlers who beg for money at major intersections.  

A generous portion of Ms. Thalman's money comes from the same individuals and groups that have been funding the incumbants.  So, while everyone continues to rant about voting out the incumbants, we have our chance to do so now before she gets elected.  Roxanne's campaign flyers claim that she will fight for us, but it's looking like her heart belongs to someone else.  Don't let her pretty little face and the powder blue signs around town fool you. She's bought and paid for ~ nothing but a rubber stamp.  

"Roxanne, you don't have to put on the red light" are the lyrics to a hit song released in 1978 by a group called The Police.  This is a song about falling in love with a prostitute, and can be allegorically reminiscent of many political campaigns throughout history.  Let's hope we turn this ship around before it's too late.  

  
Early voting begins April 24th.  Election Day is May 6th. 

 

A Woo-Hoo Moment ***Update***

I spent the morning working alongside the Fish Creek Neighbors on the Linear Trail picking up a TON of litter that the heavy rains washed onto the wooded areas.  It was dirty, back-breaking work, so afterwards I took a hot bath, drank a glass of wine and decided to watch Tuesday night's City Council meeting that I missed.  Then the urge came on to write a blog post. 

The hot topic of discussion at this meeting was an item from Executive Session ~ an oil and gas lease with Vantage Energy.  A Chesapeake oil and gas lease was also on the agenda under Executive Session, but the focus for this story is the Vantage lease.  

Vantage is the operator that experienced a well blowout in April causing mandatory evacuations of many nearby residents.  This mishap spilled 42,000 gallons of produced water down residential streets and into our city storm drains.  This is also the same operator that delayed reporting this accident to our Fire Department for approximately two hours.  They don't sound like a very prudent operator.  Following an investigation, the City made a determination to allow them to Frack On on that LABC drill site.  It was a disappointment that they did not order Vantage to lock the gates and plug the wells after that fiasco.  Now they are building out that site, but that is a story for another day.  One of those West Arlington neighbors should start a blog. 
   
Although the surface location for this Vantage Energy lease is in Fort Worth, well bores would be directionally drilled and fractured under a portion of Lake Arlington, the City's drinking water source for hundreds of thousands of people.  

The speeches by Arlington and Dallas residents addressed a myriad of concerns ranging from the risk of contamination to our drinking water supply to the potential for an earthen dam failure which could be catastrophic.  Earthquakes, air pollution and climate change were also mentioned as serious issues associated with this type of heavy industrial activity.  

Fracking.  What's not to love? 

Robert Shepard (At-Large) was absent, and Jimmy Bennett (At-Large) made the motion to approve these oil and gas leases. Shame on you, Mr. Bennett!  Since there was no second, Robert Rivera then made a motion to deny, seconded by Sheri Capehart. The outcome of the vote was 7-1.   

 ***UPDATE***  

We received new information from the City Secretary's office today that there was dialogue immediately following this vote which was not clearly audible to online viewers.  While both items 1 and 2 were denied, Charlie Parker, District 1 Councilman, wanted to make sure that it goes on public record that he voted "No" on item 2  (ie, saying yes to a Chesapeake oil and gas lease on City property by Little Road and Little School Road) making the vote on item two 6-2.  So, there you have it ~ two Arlington Councilmen whose names deserve recognition in the City Hall of Shame.   

  Click Here to watch the November 10, 2015 City Council Meeting.

It was curious to witness what appeared to be a pivot ~ or maybe it was an eddy turn by seven out of eight council members present at the meeting.  Is there a skilled canoe man out there who can confirm this move?  We suspect it might have been a strategical maneuver to turn the negative PR around.   But most definitely, it was a "Woo-Hoo Moment" for mostly everyone in the chamber that night.   

A Fracking Conundrum *Update*

This blog post is late coming out because, quite honestly, we do not know what to think or say about our City or Enervest, or the October 28th Arlington, TX City Council meeting.
   

It was a busy week in the gas patch due to many fracking-related events taking place across the metroplex.  On Monday Phelim McAleer, creator of FrackNation debated Calvin Tillman, former Mayor of Dish, TX at Brookhaven College in Farmers Branch.  On Tuesday Enervest received unanimous approval from City Council for a zoning change.  On Wednesday Dr. Anne Epstein came to Mansfield with her presentation, "A Medical Perspective on Gas Drilling."  Finally, Wendy Davis visited with the neighbors in Southwest Arlington on Saturday.  And let's not forget Election Day when Denton residents get to vote on on a fracking ban. 

And now we learn that Enervest scheduled another Town Hall at 6:30 pm at the Bob Duncan Recreation Center for the Fannin Farms Drill Site on Election Day.  How Patriotic is that?  Don't they realize that some citizens are involved in the political process??  So thoughtless on their part, or perhaps strategic.  

We think it's strategic because Enervest contributed a TON of money to "Denton Taxpayers for a Strong Economy" a group opposed to the fracking ban.  According to campaign finance records the Denton Record Chronicle reports that Enervest gave $195,000 towards this cause.  We wonder if they would be as liberal with their money when it comes down to protecting the public by installing safer control technologies such as vapor recovery systems and a FLIR Gas finder camera to detect emissions which cannot be seen with the naked human eye.

Enervest also scheduled their town hall on the SAME NIGHT as the Arlington City Council meeting where the Perr Drill Site zoning change appears on the Consent Agenda.  Unbelievable.  Enervest's behavor is starting to make Chesapeake look good.

The consent agenda, by the way, is a tool used to streamline meeting procedures by collecting routine, non-controversial items into a group whereby all are passed with a single motion and vote.  Since when has drilling in an earthquake zone become routine business?  And let's not forget Enervest's history of gross violations in other states and the fact that they happened to be working over a well in close proximity to the epicenter of two earthquakes in September.

So, in getting back to Tuesday night's controversial council meeting, it is curious that three councilmen were missing in action ~ Charlie Parker, Robert Shepard, and Robert Rivera.  Does anyone know where they were?  Word has it they may have gone to Vegas, but what happens in Vegas stays in Vegas. 

On September 17th the Planning and Zoning Commission recommended denial of EnerVest's request to amend the SUP to establish a drill zone for the Perr Drill Site located on South Cooper Street.

The Arlington City Council ignored their recommendation.

On October 28th eight citizens spoke in opposition at the city council public hearing providing solid reasons as to why the City should deny this case.

The Arlington City Council ignored their recommendations.

Not one person from the community spoke in favor of this item on the agenda except for Shea Kirkman, the applicant.

City Council approved Enervest's request by a vote of 5-0-1 (Kathryn Wileman abstained.)

You must watch this public hearing for yourself to understand how the democratic process works in Arlington:

It is a fracking conundrum!

Arlington, TX Public Hearing for the Perr Drill Site 10-28-2014 
Click here for the link if video won't play.

In case you missed it, here is how Enervest operates in Denton.  Coming to Arlington soon...

Attribution:  Sharon Wilson, Earthworks

By the way, this is the video that the City prohibited to be shown at the October 28th City Council meeting.  Other cities allow their citizens to present audio/visual material, but in Arlington only the applicant is permitted to do so.  It's also a challenge to do or say much in two minutes.  Citizens in adjacent cities are allowed to speak for five minutes.  

If you haven't voted yet, remember to Vote this Election Day.  If you want an advocate for the people to regulate oil & gas rather than another industry insider, vote for Steve Brown for Railroad Commissioner of Texas.  He has spent countless hours speaking with folks in our community and is aware of the myriad of problems associated with fracking inside residential communities.  He has proposed real solutions to our issues.  

Mark your calendar for these important dates.  Enervest will request a zoning amendment to establish the drill zone for the Fannin Farms Drill Site located at 2322 Eden Road, Arlington, TX.

Tuesday, November 4, 2014 at 6:30 (Bob Duncan Rec Ctr)

Tuesday, November 4, 2014 at 6:30 (City Council)

Wednesday, November 5, 2014 at 5:30  (Planning & Zoning)

Tuesday, Decembr 16, 2014 at 6:30  (City Council)

Click here for more details.

Stay tuned, folks.  There's more to come...

The Ordinance

Security Cameras:

 

"Those cameras are difficult to come by...I always hesitate to make a commitment on time when I'm not entirely sure...I'll do our level best to install that camera within the next few weeks...We're going to come back to you on February 5th for the gas permits...so I don't know whether I can achieve the installation of that camera...", states Lynda Gearheart, Chesapeake Project Manager - Urban Development.  

Chesapeake seems to be having difficulty getting those backlogged surveillance cameras installed on their gas drill sites.  They were in violation all four quarters of 2012.  The Arlington, Texas gas drilling ordinance 11-068 Section 7.01 states:

25. Security.  At all times, the operation site or compressor station shall have a minimum of one security camera mounted inside the enclosure.  

Signs shall be posted on the fence or wall of the site to indicate that activity on the site may be recorded by video surveillance.  Camera systems shall be maintained in proper operating condition... 

To see the gas drilling ordinance in its entirety, click here.

This clip from the January 22, 2013 Arlington, TX City Council meeting for a Special Use Permit for a zoning change for the Rocking Horse Drill Site shows how much wiggle room our City gives to Chesapeake.  Their zoning request was approved that evening, and they will return on February 5th to request a gas well permit. 

 

Chesapeake might want to consider ordering these surveillance cameras in bulk because, according to the latest gas well compliance reports (4th quarter 2012) posted on the City's website, they are in violation at most of their gas drill sites throughout the City - AC/360, Agape, Arkansas, Bright Star, CH Enterprise, Doskocil, Duke....just keep scrolling alphabetically.  Your neighborhood drill site is probably in some sort of violation.  

Why have an ordinance if no one will enforce it?

Next City Council Meeting:

Tuesday, February 5, 2013

6:30 p.m.

Arlington City Hall

101 West Abram Street

Arlington, TX

Broken Promises: Fulson Drill Site

Notice that when the June 23, 2009 public hearing for the Fulson Gas Drill Site begins no one bothers to correct Mayor Cluck's blunder announcing Glory Park as the item being discussed.   No one is paying attention - not even the City Manager.   

Although this proposed drill site on South Highway 360 near Sublett Road is in Robert Rivera's district, notice how he doesn't even ask a single question about turning this prime piece of real estate into heavy industrial use.

Sheri Capehart, however asks good questions.  She asks Chesapeake's Public Affairs Coordinator, Sarah Griffis, how long it will be until residents receive their royalty checks.  Ms. Griffis  indicated  it would be six months to one year.  It's a good thing it's not written in stone!   That Fulson well began production in February 2011 and we still have not received royalty money.   Word has it that some lessors are just now beginning to receive division orders.    Here is a copy of  e-mail correspondence from May 10, 2012 between a Fish Creek Neighbor and Chesapeake:

Nature of Inquiry: Regarding the Fulson Well 1H Lease No. 259101 which has begun producing as of 2/16/11, has this gas been sold at market?... Why have the mineral owners not been paid royalties yet?

Hi:

Thank you for contacting Chesapeake Energy. The title opinions for the Fulson unit are still not yet complete. The division orders were due to be distributed at the end of June 2011. After this date, due to the delay, we will pay interest (2% over prime) on the revenue which will be passed onto the royalty owners on their second royalty check...

Marissa Gibbs

Notice how Chesapeake is not paying the penalty on the first check.  Why not?? 

In addition, this site plan was to include evergreen trees along the east perimeter of the pad site to hide all the horrible things that would be going on in there.  They all died.

We are still waiting for those seven or eight prime tracts of land to be developed as Cliff Mycoskie mentions in his speech, but let's get real.  That's just not going to happen.  Who in their right mind would want to develop land on the back side of a gas pad?  Plus, there are gas gathering lines snaking all over the place.  More about that topic later...

Sarah Griffis states that Chesapeake has an aggressive drilling plan for that site with the first six wells being drilled within the first 15 months.  Thank God that did not happen because it was sheer torture living through three.  Many nearby residents were complaining of health issues during the drilling of the first wells, and we have good reason to believe their symptoms were directly related to Chesapeake's industrial activity taking place in such close proximity to our homes and schools.  In addition to the health effects, we heard that two neighbors downwind from that pad site died in February 2011.   

With one sweeping vote on the night of June 23, 2009 our Arlington City Council turned our community into an industrial zone.  This decision has already had serious repercussions, and  folks, it's not going to get better anytime soon.  If we only knew then what we know now...     

Overcoming Faith Tabled - Stay Tuned

Yesterday Arlington, TX City Council decided to keep Specific Use Permit SUP 11-13 (Overcoming Faith Drill Site - 4700 Eden Road) tabled.

Perhaps Edge Resources is not finished tagging the wildlife and completing the inventory of trees and vegetation that will be lost if that drill site is permitted.  As you may recall, Aubudon International accepted Edge into their Signature Program which is quite confusing.  Make no mistake ~ wildlife, vegetation, and human life cannot co-exist alongside horizontal, slickwater hydrofracking. 

ABC Alliance

Crucial Arlington City Council Vote March 20, 2012

The final vote for a critical zoning request will be taken this Tuesday night March 20, 2012 at 6:30 p.m. at Arlington, TX City Hall. 

As you may recall, that zoning request change for Overcoming Faith Drill Site had been removed from the consent agenda on March 6th.  That was a wise move, motioned by Councilman Robert Shepard, and seconded by another male council member.  We were very pleased because that was, in fact, a controversial item.  

We pray that this zoning request gets voted down on March 20th because:

• A drill site does not fit into the original vision for the Tierra Verde overlay, which was intended to be environmentally sustainable, memorable for its village-like atmosphere and rural character.  Even Jim Parajon, Planning and Development Director, stated this fact during the February 21st public hearing.
• Two strong opposers:  Our champion, Councilwoman Sheri Capehart; and the Children's Psychiatrist of Sundance Hospital who represents doctors and many patients.  [The City Secretary told us that - according to Planning & Development - the doctors' opposition letter does not meet the criteria for a petition.  We believe, however, in the spirit of fairness, that the letter be considered acceptable - especially since they were kept out of the loop during the entire planning process and only found out days before the hearing.]  Was this intentional?
• The two main entities in favor of the drill site are: 1) The operator, Edge Resources; and 2) The Pastor of Overcoming Faith Christian Center.  And did we mention that one petition in favor was signed by the COO of Sundance who is supposedly not authorized to make such decisions?
• And finally, agenda details indicate that Edge sent out notice about this zoning change to neighborhood groups throughout Arlington.  To date, we cannot find evidence that one of these groups ever received this notice.  Hmmm.

One thing is certain, this crucial vote could be precedent-setting for the rest of the City and all of North Texas.  Think about this ~ if a city can change zoning in a beautiful, high-end community, then what hope is there for the rest of us?  We pray we can save one corner of this wonderful City before it undergoes destruction.

http://www.youtube.com/watch?v=ntLsElbW9Xo&feature=results_video&playnext=1&list=PLEE46EE9F12C3CB64

Proximity is Everything

Remember that pastor of Overcoming Faith Christian Center who was very much in favor of the proposed drill site?  Out of curiosity we googled the address he provided at the Arlington City Council Public Hearing on February 21, 2012 just to see how close in proximity he lives to that site.   What we discovered is that his property was featured in  North Texas Luxury .   It sounds quite nice.  Here is that write up:

 Wednesday, April 27, 2011

"Exquisite Mediterranean Villa Nestled in Mansfield, Texas - Who Could Be The Owner?

Take Highway 287 south and exit Turner Warnell - welcome to Mansfield, Texas. Mansfield is known for its country-like atmosphere with close proximity to the DFW Metro; hence, some big-timers flock to Mansfield in search of their paradise estate. Once clear example is the Mediterranean villa at 2401 Nelson Wyatt Road. The 11,180 sq. foot palace is heavily gated with heaping berms so rubberneckers, like myself, are not directly able to view the residence. I snapped a quick picture of the gate house and gated entrance, but kept it at that for privacy reasons. Excited to see who the owner was, I readily looked up the address in the appraisal district.

As it turns out, the Tarrant Appraisal District, for privacy reasons, lists high-end residents as "Current Owners" on the owner information thus not providing an owner's name. "Current Owner" shows to be the owner of 2401 Nelson Wyatt which tells me that someone very important lives in this 2008-built hidden villa. I wonder who the owner could be..."

He wasn't kidding when he said he is a fanatic about aesthetics.  There is also a good buffer zone of more than two miles between the proposed Overcoming Faith Drill Site and his home, so his family probably won't be awakened in the middle of the night by loud noises and strange odors.  We are relieved about that.