But a lack of quorum prevented the Council from even tabling the item. Under the Lewisville City Charter, any action of the Council requires three Council members to vote affirmatively, regardless of vacancies, abstentions, or absences. In the absence of the three votes, no action can be taken. In the case of tonight's vote, both Rudy Durham and newly-elected Leroy Vaughn abstained due to the appearance of a conflict of interest, even though under state law, the conflict didn't require them to. Both Vaughn and Durham have gas leases on their properties which are in the same area to be served by the Ingram pad site, though neither will be served by the two wells currently being proposed. The amount of possible gain for the two falls below the threshold for a conflict.
Councilman David Thornhill was absent due to a back injury, leaving only John Gorena and TJ Gilmore to vote. The Mayor was present, but can only vote in the case of a tie.
So the agenda item rolls over to the next scheduled meeting on August 1st. At that time, if Thornhill is able to attend, the item can be tabled until August 15th. If Thornhill is not back, the item will automatically roll over to the August 15th meeting.
On the agenda for Monday night's Lewisville City Council meeting is a request by Titan Operating, LLC for the Council to grant permission for its Ingram site wells to be nearer than 500 feet from City property. The action Monday night, if approved, would complete Titan's application process and allow the Council to hold a public hearing regarding their permits.
The Ingram site, as it's being called, is located on the Southeast corner of Valley Parkway and Corporate Drive. The location of the wells would be 402 feet from Memorial Park, which is a protected use under the City's Gas Drilling Ordinance. Under the ordinance, all property owners within 500 feet must give their consent. A simple majority of 3 Council members would be required to approve the consent.
In the City Council agenda for Monday night's meeting, city staff recommend denying the permission for the Ingram tract, but do not provide any rationale. However, the site is surrounded on three sides with homes, and the homeowners there generally oppose this location for the well.
On Monday night, July 11th, the Lewisville City Council will consider two gas well permits for a site located at 290 West Southwest Parkway, known as the B&H NE-1H and SE-1H wells, requested by Titan Operating, LLC. The site is about 1,500 feet up-wind from Lewisville Elementary School. Here's the site on a map:
Based on the leased areas to be drained, the site could eventually hold 10 - 20 wells and the associated compressor and treatment equipment.
Here are the administrative comments listed in the Council Agenda for Monday night's meeting:
On December 17, 2010, Titan Operating Corporation submitted an application to drill and operate two natural gas wells known as B & H NE-1H and SE-1H on a 1.8 acre tract of land located at 290 W Southwest Parkway. Staff and Titan Operating have worked diligently to address and satisfy all the requirements of the Oil and Gas Ordinance that was in force at the time of the submittal. The permit application was deemed complete by City staff and the City Manager on June 2, 2011 as meeting and/or exceeding the minimum requirements of the Ordinance. The Oil and Gas Ordinance requires a Public Hearing and three quarters of City Council approval as the well bores and permanent equipment that could pose a health or safety risk are located within 300 to 500 feet from a protected use.
Based on a recent gas lease and spud fee agreement with Titan, the City of Lewisville Local Government Corporation stands to earn two spud fees totaling $100,000 when the two wells are drilled. The SE-1h well taps the gas under Central Park, which the City also recently leased, so the LGC would also earn royalties on that. The site would also serve wells that would drain the gas under Councilman John Gorena's residence. Like many others, he leased his mineral rights to Cherokee Horn, which conveyed them to Titan. We're not clear at this point whether Gorena will be required to recuse himself from this vote.
As we've written previously, the Central Park Area Neighbors Association is undergoing a year-long study of air quality in Southern Lewisville in anticipation of natural gas well development in the area. The group hopes to get a good benchmark of where the air quality is before drilling, so that any changes after drilling can be noted. The tests attached are for volatile organic compounds.
Nothing in the results appeared to exceed any air monitoring comparison values. More commentary will be provided at the end of the study, or if something comes up abnormal.
Benzene levels for both boxes came in well below TCEQ long-term effects screening levels (ESLs).
Total levels of VOCs showed to be about twice as high at the B&H site (Box 99 - 1.19 ppb) than the Ingram site (Box 210 - .55 ppb), which is expected since the B&H site is closer to a fuel station, and busy S.H. 121 Business. This variance in background levels is part of the reason CPANA is conducting baseline air monitoring.
CPANA has increased the testing to encompass more testing locations, and will soon begin testing for reduced sulfur compounds in the air.
CPANA is looking for another location near the proposed B&H well site off Southwest Parkway between Misty Ln. and S.H. 121 Business. Contact firstname.lastname@example.org if you can volunteer your property.