Truman CHK Gerrymander / “I’m Not Afraid of the Stadium Cracking” Arlington Mayor joked on gas well vote

UPDATE Feb 2016, just found this 2009 NBCDFW news report about the ATT Stadium not having drilling UNDER the property for fear of sinking, cracking…

City Attorney Jay Doegey said there are concerns about the possible risks of drilling under such an expensive and huge structure, The Dallas Morning News reported Sunday. The stadium weighs more than 805 million pounds.

“We don’t want the ground to give and cause it to crack or sink,” Doegey told the newspaper.

Options for drilling are already limited because the 200-acre site is in a developed area, but language in the contract makes it potentially harder to lease the property for drilling.

The language was added before five small earthquakes shook Cleburne. Researchers are examining whether those earthquakes were caused by gas drilling”.

—————–

UPDATE Sept 4, 2015 letter my councilman for assistance on if the city issued a valid permit to Chesapeake for their drilling zone.

—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Charlie Parker <charlie.parker@arlingtontx.gov>
Cc: “jeff.williams@arlingtontx.gov” <jeff.williams@arlingtontx.gov>; Robert Rivera <robert.rivera@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Jimmy Bennett <jimmy.bennett@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Don Crowson <don.crowson@arlingtontx.gov>; Collin Gregory <collin.gregory@arlingtontx.gov>; “jessica.minley@arlingtontx.gov” <jessica.minley@arlingtontx.gov>; Brett Shipp <bshipp@wfaa.com>
Sent: Friday, September 4, 2015 1:52 PM
Subject: Why and when did the replatt for Truman Drill site occur?-Kelly Hart Atty’s may inquire
Essentially the partnership with Chesapeake and Apple Nine resulted in two parcels and two votes-the deciding vote for that drilling zone sup for the 9/4/12 meeting. They can put 10 more wells in our Entertainment District without any laws regarding stale water handling like in the 1/29-31/2013 Entertainment District odor Event.
Ref TAD #41507045 five acres, and TAD #03156168 1.5 acres. In 2009 the whole one parcel was at $77 sq ft after that, both parcels have only been worth $23 sq ft.
 
Councilman Parker I need your help – heres the background…..
Chesapeake asked for the Truman (after they couldn’t drill in the medical district at the city “gateway-new bridge” location and when I was able to get a few rescind letters for the hearing, then Chesapeake asked for the hearing to be tabled to buy more time to buy votes and also moved a well over  (via a new permit) which intentionally gerrymandered, some objectionable votes out in order to gain the needed consent percentage to acquire a waiver to the City of Arlington’s 600 ft set back. The city did not allow a “rescind” by the Collins street apartment at one of the first hearings when the manager showed up with a $500 check to give back to Chesapeake for signing a waiver they wouldn’t count it.
So Chesaeapke drilled 4 wells.
Then when the Special Use Permit came up for vote again on 9/4/12 for a drilling zone expansion to add 11 more wells, Chesapeake was short from getting the 70% consent letters. Through the replatt (of 2010), they were able to get another signature from Apple Nine who sold them back the property anyway in Nov 2013.
So essentially one owner was able to get two votes on what was originally one parcel in the first place. I am aware of an old rental contract on those 5 acres that Chesapeake had with Apple Nine when I inquired as to who maintains the grass by the ditches on Truman street.
It is reasonable to argue that at the time of the SUP drilling zone vote that Chesapeake and Apple Nine being business partners only deserved one consent vote. 
Having one parcel become two, and now with Chesapeake owning those two parcels (albeit Chesapeake bought in in 11/13 over a year after the vote) is questionable on its merit.
It is reasonable to argue that business partners sharing what was once ONE parcel should have only received one vote. And now Plaintiff has to suffer through up to ten more gas wells of  disturbances in the future.
Chesapeake took advantage of the city’s “exception to set back rules” and forced in the Truman pad using money to eventually pay off those (absentees landlords) who originally didn’t want it.
Recall the mayor and some council members having concerns on truck traffic making left hand turns at the busiest intersection of the city. AND with this site being one of the most “tightly spaced” drill sites (where TCEQ noted on investigation #1157705 on 12/19/2013, on page 2, “… with the nearest receptor less than 100 feet from the site”), taken together, I feel confident in my current litigation with Chesapeake’s high powere oil & gas attornies (Kellyhart) that the Truman site can be arguably adjudged as abnormal and excessive in its operations and out of place for its surroundings and is considered a long term, intermittent intrusion to the Entertainment District.
 
Councilman Parker, can you please help in anyway ascertain as to if this SUP Drilling Zone permit is exactly legal to the letter of the law?
 

UPDATE Jan 2015 I took pictures of businesses’ wall cracks that go to the ceiling on 1/10/15.

—– Forwarded Message —–
From: kim feil <kimfeil@sbcglobal.net>
To: Robert Cluck <robert.cluck@arlingtontx.gov>; Robert Rivera <robert.rivera@arlingtontx.gov>; Robert Shepard <robert.shepard@arlingtontx.gov>; Charlie Parker <charlie.parker@arlingtontx.gov>; Michael Glaspie <michael.glaspie@arlingtontx.gov>; Jimmy Bennett <jimmy.bennett@arlingtontx.gov>; Lana Wolff <lana.wolff@arlingtontx.gov>; Sheri Capehart <sheri.capehart@arlingtontx.gov>; Kathryn Wilemon <kathryn.wilemon@arlingtontx.gov>; Trey Yelverton <trey.yelverton@arlingtontx.gov>; Don Crowson <don.crowson@arlingtontx.gov>; Susan Schrock <sschrock@star-telegram.com>; “tips@wfaa.com” <tips@wfaa.com>; Cynthia Simmons <cynthia.simmons@arlingtontx.gov>; Buzz Pishkur <buzz.pishkur@arlingtontx.gov>; Bridgett White <bridgett.white@arlingtontx.gov>; “cythia.simmons@cityofarlingtontx.gov” <cythia.simmons@cityofarlingtontx.gov>; Jim Parajon <jim.parajon@arlingtontx.gov>; Tony Rutigliano <tony@downtownarlington.org>; “jessica.minley@arlingtontx.gov” <jessica.minley@arlingtontx.gov>; Cindy Powell <cpowell@aisd.net>; Collin Gregory <collin.gregory@arlingtontx.gov>; Brett Shipp <bshipp@wfaa.com>; Stuart Young <stuart.young@arlingtontx.gov>; Roger Venables <roger.venables@arlingtontx.gov>; “jay.white@arlingtontx.gov” <jay.white@arlingtontx.gov>
Sent: Tuesday, January 27, 2015 11:23 AM
Subject: Check the stadium for frack cracks as businesses north on Collins have cracks
One Arlington’s business crack appeared after the two Irving quakes of 4am & 7am on Thurs 1/8/15. 
I have taken a lot of pics of businesses on Collins street north of ATT Stadium/Cowboys Stadium where there is damage in the walls going up to the ceiling, (most can be found by looking at an upper right door frame along an east facing wall) where some alert employees say weren’t there before until of recent. Probably inspectors do not need to see if structurally deficient. The worse one was in Half Price Books at Lincoln Square on the north wall, but that mgr says thats been there a while but I did find wall damage and fresh wall paint and texture crumbs at their exit door by their bathrooms with a vacuum cleaner deposited there for clean up (I have the pics)….
End update (savn pics for later).

The Truman, Chesapeake drill site is in the eyeshot of the ATT Cowboys Stadium. Here is one of the City Council meetings on 1/4/11 …http://arlingtontx.granicus.com/MediaPlayer.php?view_id=2&clip_id=733&meta_id=85939

Note the boldfaced dates on the history timeline below of the (Truman) Chesapeake drill site that is located at the Arlington Downtown / Entertainment District lines.

The permit to drill “IN”our Entertainment District was eventually allowed. The children speakers are important to note, but you can jump to the 54 minute mark to hear a citizen concerned for the safety of the structural integrity of the stadium. At the 1:13 mark you can hear our good doctor Mayor Cluck joke about him not being afraid of the stadium cracking.

If you go to minute 49:48 in the video you can see landlord Jacob Kohanan, who was later paid off to the tune of about $12,000 (per an in person meeting w/Jacob and Ricardo Sandoval/$16K or 17K) over the Christmas holidays in 2010), speaking against the gas well. Jacob was one of three (who does not live in the affected area) landowners whose vote was bought off in time for the next meeting. (2016 Feb update…I recorded Jacob Kohanan who said he didn’t get as much as promised)

In this hearing, former councilman, (Meth) Mel, moved to table the vote to Jan 18, 2011, but that wasn’t enough time for Chesapeake to buy off three landowners signatures…“On January 18, 2011, City Council agreed to Chesapeake’s request to leave this case tabled until the February 8, 2011 City Council meeting.”

Another thing Chesapeake did to ramrod the stadium (Truman) drill site so close to people was to “gerrymander out” those opposed that were/ARE within the 600 ft setback.

Here is the WFAA coverage…

http://www.wfaa.com/videos/news/local/2014/08/10/13658908/

They brought before council a “new” permit request for a well positioned (a few/several feet/yards?) more south. This well is closer to Division St where mathematically they had more favorable votes of approving signatures of land owners there….”

Here is the news coverage of that gerrymander event..

On March 22, 2011, City Council approved gas well permit GW10-126 for the Bobcat 1H gas well by a vote of 8-1-0”.

In many cases “I” was the one informing the managers at these businesses who leased from these absentee landowners that their new neighbor was to be a drill site. Minorities working at some of these businesses who signed my petition (500 signatures in all) were against being too close to this pad site.

Later, on 9/4/12, council had a chance to prevent future drilling (beyond the three gas wells already allowed) if only they would have denied the SUP for the drilling zone where future gas wells get administrative approval. Go to 17 min into this video to see the Chesapeake rep explain to council how they were able to get an extra needed vote (due to replatting of the land) so as to count Apple Nine’s vote.

Apple Nine leased hundreds of properties to Chesapeake and has since sold the majority of that land to a Ft Worth realtor who sold it …..back to Chesapeake.  Chesapeake eventually bought the 5.2 acres adjacent to their Truman pad site land from Apple Nine on 11/1/13 and now rightfully owns their own stinking mess. I say stinking because when they were drilling out the plugs of the Bobcat well the end of January earlier that year, a stinch eveloped the area over a two day period. The odor came into MY home and my mother-in-law was there and “took a cold that night”.. she is very healthy and hardly ever ever sick….my eyes were buring…in my own home!

The next day I found that those north of the drill site across from the stadium had employees and apartment residents that were sickened. But the media didn’t report this. That same year in September of 2013, I recorded an employee on the fenceline who spoke of dump-like odor. Here is that video account.

I visited the Autozone later in April, 2014 and recorded this heartbreaking health concerns statement….

It is worth noting that is lady at the Autozone was the manager that would not let me get petition signatures from her employees. I contacted their headquarters and they were basicly nonresponsive.

With the eventual approval of the Chesapeake drill site 2,500 feet from the ATT Cowboys Stadium, we just had a 2.4 earthquake (frackquake) last Sunday morning (9/7/14) where the epicenter was close to this drill site.

I hope the background as to how Chesapeake devalued prime property near the stadium ($12 million over 5 yrs in lost taxable revenue) infuriates every good soul’d Arlington resident into action to urge our city to take Chesapeake to court for such manipulation.

We need to demand our council to not approve any more drilling zones, and at the very least stand firm on our 600 foot setback rule in our ordinance.

Recently Councilman Shepard loopholed our ordinance to allow for drilling closer than 300 feet if you can believe that….

”Where wells exist on a drill site additional wells may [sic] be drilled and drill zones may be established within 300 feet (91440 mm) of buildings with an occupancy in group A, E, or I. If feasible, additional wells shall not be located closer to the buildings than existing wells.”

Here are some pics of the 1/4/11 meeting….

Screen shot 2014-09-10 at 9.11.13 AM Screen shot 2014-09-10 at 9.14.01 AM Screen shot 2014-09-10 at 9.14.29 AM Screen shot 2014-09-10 at 9.15.06 AM Screen shot 2014-09-10 at 9.17.24 AM Screen shot 2014-09-10 at 9.19.52 AM Screen shot 2014-09-10 at 9.23.36 AM Screen shot 2014-09-10 at 9.29.46 AM Screen shot 2014-09-10 at 9.30.13 AM Screen shot 2014-09-10 at 9.30.45 AM Screen shot 2014-09-10 at 9.34.17 AM Screen shot 2014-09-10 at 9.35.13 AM Screen shot 2014-09-10 at 9.37.55 AM Screen shot 2014-09-10 at 9.42.41 AM Here is the media coverage…

http://link.brightcove.com/services/player/bcpid3690314959001?bckey=AQ~~,AAADUxzzImk~,ZRG9vr9In2AeyOruBrVvxdHGKJQREX5Z&bclid=0&bctid=3726979811001

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About Kim Triolo Feil

Since TX Statute 253.005 forbids drilling in heavily settled municipalities, I unsuccessfully ran for City Council Seat to try to enforce this. Since Urban Drilling, our drinking water has almost tripled for TTHM's. Before moving to Arlington in 1990, I lived in Norco’s “cancer alley”, a refinery town. It was only after Urban Drilling in Arlington did I start having health effects. After our drill site was established closest to my home, the chronic nosebleeds started. I know there are more canaries here in Arlington having reactions to our industrialized airshed (we have 55-60 padsites of gas wells). Come forward and report to me those having health issues especially if you live to the north/northwest of a drill site so I can map your health effects on this blog. My youtube account is KimFeilGood. FAIR USE NOTICE: THIS SITE MAY CONTAIN COPYRIGHTED MATERIAL THE USE OF WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE COPYRIGHT OWNER. MATERIAL FROM DIVERSE AND SOMETIMES TEMPORARY SOURCES IS BEING MADE AVAILABLE IN A PERMANENT UNIFIED MANNER, AS PART OF AN EFFORT TO ADVANCE UNDERSTANDING OF THE SOCIAL JUSTICE ISSUES ASSOCIATED WITH EMINENT DOMAIN AND THE PRIVATIZATION OF PUBLIC INFRASTRUCTURE (AMONG OTHER THINGS). IT IS BELIEVED THAT THIS IS A 'FAIR USE' OF THE INFORMATION AS ALLOWED UNDER SECTION 107 OF THE US COPYRIGHT LAW. IN ACCORDANCE WITH TITLE 17 USC SECTION 107, THE SITE IS MAINTAINED WITHOUT PROFIT FOR THOSE WHO ACCESS IT FOR RESEARCH AND EDUCATIONAL PURPOSES. FOR MORE INFORMATION, SEE: HTTP://WWW.LAW.CORNELL.EDU/ TO USE MATERIAL REPRODUCED ON THIS SITE FOR PURPOSES THAT GO BEYOND 'FAIR USE', PERMISSION IS REQUIRED FROM THE COPYRIGHT OWNER INDICATED WITH A NAME AND INTERNET LINK AT THE END OF EACH ITEM. (NOTE: THE TEXT OF THIS NOTICE WAS ALSO LIFTED FROM CORRIDORNEWS.BLOGSPOT.COM)
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