CITY OF MAYFIELD HEIGHTS
COMMITTEE OF THE WHOLE MEETING MINUTES
December 4, 2007
The Committee of the Whole meeting was called to order at 7:13 P.M. by Council President Michael Ballistrea.
ROLL CALL: PRESENT: Mr. Michael Ballistrea, Mrs. Donna Finney,
Mr. Ronald Kobunski, Mr. Sam Mercurio,
Mr. David Sasak, Mrs. Diane Snider,
Mr. Howard Sonenstein.
ABSENT: None.
Also present were Mayor Gregory Costabile, Mr. Leonard Carr, Mr. Robert Tribby and Ms. Angela Ianiro.
The purpose of the meeting was to discuss a gas well on City property. Mr. Ballistrea explained that this was to be a work session for Council members, and would not be open as a public portion unless necessary. He thanked Fire Chief Michael Forte and Director of Recreation Sean Ward for attending, and said their input on the gas well would be appreciated. Mr. Ballistrea continued to explain the procedures that would take place; a round robin with Council describing how they feel on the issue, if against or for the gas well and why. Mrs. Finney asked if all the representatives who have made proposals were present. Mr. Ballistrea said no, only the Seagull company was present and explained that if Council chooses not to go forward with gas well placement in the City Park (four votes against) then he will proceed to close the meeting early.
Round Robin:
Mrs. Finney - the residents state there is not enough park area or green space. The parks should be kept for the children, and the amount of money the gas well would generate does not make it worthwhile. Putting a gas well in the park for minimum revenue is not worth it.
Mr. Ballistrea asked Mrs. Finney how many calls she received, and said he only received four. Mrs. Finney replied that she had received thirty to forty calls, and that she was approached by approximately one hundred people during the recent campaign.
Mrs. Snider - a member of the Parks & Recreation committee for six years, and comparing the City park to larger parks in the area is not fair. This has been used as a selling point for the gas well. She is not against the gas well, but just not in the park. She desired to ask representatives from the company's more questions. She is not for gas wells at this time. There have been a lot of unanswered questions.
Mr. Ballistrea noted that he asked Mr. Sasak to prepare a 300' radius diagram and that Mr. Sasak will give an aerial visual of the park area and the proposed well area, and Mr. Ward will be asked to comment.
Mr. Mercurio - initially the big issue was safety, however, it is a non issue after homework was done on the gas wells. The money generated from the well should be earmarked for the parks. At this time in the meeting he is undecided.
Mr. Kobunski - Spoken to four people regarding the location of the well, and would like to take a look at other locations. The engineers from the gas companies have not said definitively where the well should go. He also agrees that the money generated stay within the park confines. After visiting the City of Lyndhurst and speaking with Mayor Cicero, the Safety Director and Fire Chief, there are no concerns with regards to safety. At this time, he is not in favor of the location, and will give an opinion when his questions are answered. He also was undecided at this time.
Mr. Sasak - He is the closest physically to the proposed well location since his home is within seven hundred feet of the site. Approximately eight - nine residents affected are friends, and all but one was spoken to. He has been a member of the Parks & Recreation Commission the longest of the council members, and is passionate about the park. Three transparencies were prepared for the Council to view:
1) 300' radius circle
2) well field work area
3) 8x7' print
He stated he is currently riding the fence on the issue, and concerned about what is best for the City and the residents.
Mr. Sonenstein - Stated his job as a Council member is to represent the people of Mayfield Heights. Not once has he been approached by a resident who is in favor of the gas well, and heard over one hundred negative comments on the issue. He was told by Mr. Ballistrea that the well must go in the current proposed park location due to the fact the City park land south of Marsol Rd. may have already been incorporated in the acreage formula in the last Knollwood well acreage determination. The Parks & Recreation funds are doing well. Mr. Ballistrea could open the meeting to the public so perhaps some positive comments could be heard on the issue. He is currently against the issue.
Mr. Ballistrea - the responsibility of the Council members is to take it upon themselves and get all their questions regarding this issue answered. This is also an opportunity to earn revenue for the City without incurring any expense. The purpose of this meeting is to have Council representatives have their questions answered and make accurate and viable decisions. Mr. Carr's responsibility will be to weed through all the proposals and give to Council the best proposal with all the necessary checks and balances done. In his opinion, it would be irresponsible of Council to not take advantage of this opportunity. Most times residents who are "for" an issue usually are quiet and not as vocal as those "against". He stated to Council that although we desire to hear each resident's concern, be careful not to be swayed by a few if indeed it would not be for the greater good of the City. He spoke with Mayor Cicero of Lyndhurst and they have had no safety issues with any of the wells they have in their City. He stated he is in favor of the gas well.
Mayor Costabile - the issue is much simpler. The City has valuable resources and they can be tapped into for additional funds or use for other special purposes that would benefit the City as a whole. This has been a two and half month issue. The City is financially sound. However, you can garner revenue and use it appropriately or look the other way. He is disappointed Council members still have questions; there is no issue of safety. No facts to point to it. All of Council aggressively support the Parks & Recreation department. Health & welfare of the residents is first. The project consists of an 8x8 structure with the well head enclosed, secured and locked, and additional landscaping available. Spoke to the Recreation Director, and walked the park with the Service Director. There are no recreational activities that would be compromised. The location in the park was decided upon so as not to interfere with the residents. If the location is at another end of the park more residents would be affected. The goal is to proceed in the winter months when it would not be as intrusive or obtrusive. The structure would take seven to nine days to construct. When completed the representative would return the property to its original form. There would not be any interruption to baseball or softball. The gas well at the proposed location would have a direct tie in to the pool and City Hall, the price per MCF under market rate, create substantial savings, and realize upfront revenue (SPUD fee), royalties, and a portion of free gas. Council needs to roll up their sleeves, ask questions and when answered make a decision for which they were elected to make. The decision should be for the greater good of the entire community and not exclusively based upon a couple of phone calls received..
Mr. Ballistrea asked Fire Chief Forte to comment. Chief Forte said his main concern is always the safety factor. He did research on his own, specifically the Knollwood site, and believes that as long as a reputable company is hired and they abide by the State of Ohio and municipality rules and regulations, then there is no reason for concern. Chief Forte asked that no hypothetical questions be asked. Mr. Sonenstein asked Chief Forte to embellish on his comment as "safe as it can be". He answered that he doesn't believe safety is an issue. None of the wells in the area have had any issues with the well itself. Mrs. Snider asked if there would be additional training for the firemen and who would pay for the training. Chief Forte said yes there would be training, and the gas company would pay for the training itself. The City would pay for the firemen to attend. She said this would then require more training other than the normal firemen duties. Chief Forte responded that no additional training is "required." Instead, he feels confident the department will be able to handle any "issues" in the same manner it does for other utility type issues. Chief Forte referenced a hypothetical issue could be odor. Mrs. Finney asked what type of odor and said there was a well closed in Lyndhurst. Chief Forte replied that the odor is a by product of the brine tanks, and it occurs when the tanks are emptied. Mrs. Finney said there are no long term studies on the issue, and asked the chief if he has found any. Chief Forte said he had not done any research to that degree. Mr. Sonenstein asked how the gas well will differ from the gas meter that is currently at the entrance of the park. Chief Forte responded that he is not sure of the process that currently takes place, but he believes it is more of a hazard than the proposed gas well site because the meter is closer in proximity to traffic.
Mr. Ballistrea thanked the chief and asked Mr. Sasak to show the transparencies. The first transparency showed an aerial view of the park - North of Marsol Road. Included on the view was Kobe field and proposed well site. The area consists of twenty acres, and the well must be 300' from property lines according to the State of Ohio. The park is not quite 600' wide; therefore some residents on Woodhurst would be affected. The next transparency showed a rectangle of 100x150' and showed the well field during the drilling process. The last transparency showed a rectangle of 8x10' representing the finished well site. Mr. Ballistrea asked Mr. Sasak to move the radius circle to the Northeast of the proposed site to see what areas would be affected. Mr. Carr commented that by not having the total amount of the necessary acreage of land, the City would have to share the SPUD fee pro rata with the properties that make up the 20 acres. He informed Council that the representatives from Seagull Development Corporation are here to answer any questions. The sharing of fees also applies to royalties, he said. Mr. Ballistrea asked Mr. Ward to please comment on what portions of the park have activities in the summer in this northeast section. Mr. Ward answered the skate park, the exterior of the pool area as a hang out and the baseball field. Mr. Ballistrea noted that if an area is proposed in the northeast portion of the park, around Kobe and Fornaro fields, it would have to be considerably east to not interfere with the outfields of baseball fields. Mr. Kobunski commented that it was too bad it could not be extended further north and south of the circle. He said perhaps the driveway of the pool parking lot (island area). Mayor Costabile said if that was to be done, the rectangle of 100x150' will rip up the parking lot. Safety will then become an issue, he said. The Mayor continued, the gas meter, which Mr. Sonenstein mentioned, was once hit by a driver and is more of a liability. Why place it in a parking area where a potential accident is more likely to occur. Mr. Kobunski suggested moving it further south then, over Marsol Road. He said it was a shame there was not a scale of the whole park. Mayor Costabile asked Mr. Kobunski to give an idea of where further south. Mr. Kobunski replied, the picnic benches. The Mayor asked Mr. Kobunski to envision the area, and the outcome would be still drilling in the parking lot. He said this would cause interference with the use of the area and many automobiles. Mr. Kobunski said since the major concern is the park then why not move out of the park. Mayor Costabile said the concern needs to be more specific and not general, i.e. in the park. He said space is a valid concern.
Mr. Ballistrea asked Mr. Carr to please comment on the property at Knollwood Cemetery that was given up by the City, and would this be included in the area Mr. Kobunski is referring to. Mr. Carr said that first the gentlemen from Seagull Development should be asked if there is another location the gas well could be constructed on, and then what is the percentage of the park that will not be utilized. He continued by saying if the gentlemen say that if only one place is conceivable for the well then a decision should be made by Council with only that location in mind.
Mr. Ballistrea asked if there were any questions for Mr. Ward regarding the suggestion to move northeast in the park. Mrs. Snider noted that it is hard to say which part of the park is being used at a particular time. Even if it is the smallest of space it is taking up park space, she said. She asked where the drill heads would be placed. Mayor Costabile responded by saying it has not be specifically determined because there are three proposals, and one proposal had a tank battery by Marsol and one other by Marshall Ford. Mrs. Snider asked, depending on the direction of the well, will it affect the future plans for the park. Mr. Sasak said to refer to the map he provided. Mayor Costabile did not expect future plans for the part to be compromised.
Mrs. Finney thanked Mr. Sasak for showing the map, and commented that it really made her realize how small the park is. She said there is no other land available for park space. Mr. Sonenstein said there are no organized activities at the location he is suggesting, and he is still against the location. He said currently there are people walking, flying a kite and enjoying themselves. He stated the park should be a natural setting. Council should not decide to put a gas well in the middle of the park and then go from there. He said that the issue is a salesman job from Mr. Ballistrea. Mr. Ballistrea said any other area than the proposed area will take away from City benefits as revenues will then have to be shared, and asked Mr. Yarbrough to address Council and field questions.
Mr. Brooks Yarbrough from Canal Fulton of Seagull Development Corporation gave examples of his company's gas well experience, and that includes Canterbury, Chagrin Valley Country Club, Beechmont Country Club and the City of Solon. He said there are only a few areas in the park where a 7" casing and 1-2' high structure could go, and there are pipes and valves with a computer box which goes to the street. He commented that high oil prices cannot be cured without drilling. Mr. Ballistrea asked Mr. Yarbrough the depth of the drilling so as to answer Mrs. Snider's questions. Mayor Costabile clarified the question as follows; if the well head goes where presented and you are able to tap into the pool and City Hall is there an underground line and how will it affect future plans for the park. Mr. Yarbrough said the drilling would be straight down about 8' at an angle to boar underneath roots, utilities, etc., and it would be done 450-500' at a time. Mayor Costabile asked if the utility line already in place would be followed. Mr. Yarbrough said it would not be diagonally across the property, and the well head cannot be moved. However, the lines can be moved if necessary for future plans in the park. Mr. Carr asked if the wells have a limited life, and if the well head is capped below ground level. Mr. Yarbrough said yes, the heads can be capped off and the permit is welded on top of the head. Mrs. Snider asked who pays the permit fee. Mr. Yarbrough replied that Seagull Development Corporation is responsible for the $50 permit fee and pays undetermined fees. Mrs. Snider asked if it is in the proposal. The corporation is bound by the State, Mr. Yarbrough said. Mr. Mercurio asked for an estimate on the size of the well. Mr. Yarbrough said it is usually 10x10', but it can be smaller. Mr. Sonenstein asked for a reason why the gas well could not be closer to the tennis courts and across the street from the park so as not to be in the center of the park. He continued to say that location is the residents' biggest complaint. Mr. Yarbrough said it was his understanding that the property in that area was already leased. Mr. Carr stated that he did not have the specifics of the lease(s), but the information can be easily determined. Mr. Beal, also a representative of Seagull Development Corporation, replied by stating that safety would be more of an issue in the parking lot. Mr. Sonenstein said he would like this option explored since only a couple of houses would be affected. Mr. Ballistrea asked Mr. Sonenstein if he would support the well if it were in a different location in the park even though he was dead set against it to begin with. Mr. Sonenstein stated he would then reconsider his stance. Mr. Ballistrea then asked if the question was now the location. Mr. Sonenstein replied yes if It would not be in the center of the park. Mr. Carr commented the more structurally sound the well the bigger the well will be. Mr. Yarbrough said maintenance in a parking lot would be an issue, e.g. tearing down and repairing..
Mr. Carr stated he was unsure if Council is in agreement as to the proposed location, or a location south in the park is an alternative, said Mr. Carr. He continued to say a consensus is needed. Mr. Sonenstein noted that there is no activity at the location adjacent to the parking lot, and he would be more comfortable with that. Mayor Costabile clarified the adjacent location as meaning south of the tennis courts and near the walking paths. Mr. Sonenstein stated that location could be somewhat north of the tennis courts and walking path. Mr. Carr stated that Kobe field is the only location that mitigates the impact on the park. The City has limited area and a consensus made based on quality of life vs. economic issues. Mayor Costabile replied that the consensus should be based not on either or, but on both. Mr. Yarbrough further described the process, the well head will be a couple of feet from the back of the fence and a bubble will be made around it. He continued, the well head will be enclosed on all sides and will not be stuck out. Mrs. Snider asked if Mr. Yarbrough's proposal was based only on the location in the park, and if he toured the park. Mr. Carr then noted that in order to have the 300 foot radius at the parking lot location you would end up on the freeway. He said this would be the least feasible area. Mayor Costabile said if the well is put up then you want some financial gain for the trouble involved with the initial construction. He said there is some concern it would be cost prohibitive and a nuisance to residents if the South side of Marsol was suggested. Also, would, the issue of whether it can be tapped into city hall and the pool and not just the community center become an issue. Mr. Yarbrough restated that he does not believe the alternate property is available. Mrs. Finney said Mr. Rudicil of JR Resources Incorporated commented that it would not completely heat city hall. The Mayor asked how long the life of the well is. Mr. Yarbrough said twenty years and hopefully longer. Mr. Sonenstein mentioned bringing in a rig to drill in the parking lot location would be better than bringing it into the park itself. Mayor Costabile stated that the potential location, that Mr. Sonenstein is proposing is the entrance to Unity Days, including the "Welcome Sign", and the entrance to the City Park. The well in right center field is not a frequented area, he said. Mr. Sonenstein stated a sign could be moved.
Mr. Ballistrea said if Council members still have not had their questions answered they need to approach the experts. He said the Council needs to make a decision regarding the well issue. Mrs. Finney said she will not vote for the well irregardless of the location. Mrs. Snider said speaking for the residents she is also not for the well because she still is not sure of the location. Mr. Ballistrea then suggested Mrs. Snider take a tour with a Seagull Development Representative in the park and get their input on any other viable locations. Mr. Ballistrea said the JR Resources, Incorporated proposal would be taken off the table at the next Council meeting. Mr. Mercurio said that it seems the park location is the best, but he would like the revenue earned to support the Parks & Recreation Department. He said he would vote yes to the well. Mr. Kobunski is in favor of the well in the park, but not in right center field proposed location. He will also schedule a walk through with Seagull Development Corporation. Mr. Sasak thanked the Seagull Development Representatives, and said he would like to see a potential way to beautify the location outside of the fence. However, he continued, he is not sure if this is the only location that is feasible and doable. He is undecided. Mr. Sonenstein said he has only heard 100% negative from the residents and that he feels he has done his due diligence. He is not in favor of the well.
Mr. Carr encouraged Mrs. Snider and Mr. Kobunski to coordinate a meeting with the representatives. He also said he would look into acreage incorporated in the previous well arrangement. Mr. Carr said Seagull Development Corporation has to determine the most practical and viable location.
Mr. Ballistrea summarized an initial vote as three yes, two no, and two undecided. He said a resolution allowing the Mayor to enter into a proposal for gas well drilling will be on the Council meeting agenda Monday, December 10, 2007 and asked Mr. Carr to prepare the best proposal based on the three proposals he received.
There being no further comments, Mr. Ballistrea adjourned the meeting at 9:05 P.M.
Approved: Respectfully submitted,
Michael Ballistrea Angela Ianiro
Council President Assistant Finance Clerk
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