Judge Gallagher issued a ruling on July 2nd, dismissing the suit filed by Bass Energy against the city. She directed the city and Bass to continue trying to find spots for, count 'em, three gas wells in the park, although she also noted that the lease could expire without an agreement of well sites having been reached.
The judge made a couple of significant findings. Here's an explosive one:
"Section 2 of Resolution 63-2006 (authorizing the mayor to sign a drilling lease ) states that (it) is contingent upon the approval of... three (well) sites by the City of Highalnd Heights and the commitment of Bass Energy to drill the wells on all three sites. Pursuant to Resolution 63-2006, Defendant's mayor (Mayor Coleman) had no power to enter into the Lease until three locations were selected. Despite the fact that three locations were not selected or approved (of) in writing, the parties (Mayor Coleman and Bass) signed the Lease agreement."
This confirms what then-council president Cathy Murphy has said in the past: council passed the resolution with the understanding that they would decide whether or not there were acceptable drilling sites in the park--before a lease was signed.
The meeting minutes and the deposition testimony given in the Bass suit establish that :
1) council was kept in the dark while Mayor Coleman, Law Director Tim Paluf, Service Director Tom Evans, and City Engineer Andy Blackley met with Bass for more than six months, as Bass moved forward with its drilling plan;
2) Bass was hoping to drill the wells while the park parking lot was being constructed, to mask its drilling activity;
2) Bass was hoping to drill the wells while the park parking lot was being constructed, to mask its drilling activity;
3) Blackley was paid by Bass to choose well sites for it (he placed one gas well in a wetlands area, on constitutionally-protected greenspace) and to furnish plat maps so that it could obtain drilling permits; and
4) Blackley did not tell council about his activity---or disclose the locations of the well sites that he had chosen-- until months after the drilling permits were issued.
An overwhelming percentage of residents stated clearly, last November, that they do not want gas wells drilled in Highland Heights park. I hope the mayor and council keep that in mind, as they make decisions about what to do next.
2. Do we drive-through?
Readers of this blog will remember that the property owner of the old Ron's Shell gas station property---at the corner of Wilson Mills and Bishop Road----with the support of several council members--has expressed interest in putting a drive-through on that parcel.
City ordinances and zoning laws do not allow any drive-through restaurants in the city.
The traffic study is in. According to the city engineer, a drive-through is not feasible at that corner. You can't have a drive-in there because of the traffic flow at the intersection and the size and location of the lot.
The council members who supported the idea seemed less than pleased at the news.
3. Construction project update
Two weeks ago, Mayor Coleman announced plans to move forward with rebuilding the intersection of Highland and Miner Roads, and Service Director Tom Evans indicated that the water main on Highland Road might have to be replaced too.
What a difference a couple of weeks make.
It turns out that all the federal stimulus money that the mayor anticipated receiving won't be arriving as a check in the mail anytime soon. This week, therefore, the mayor recommended to council that the city turn down the interest-free loan from the state, which was going to be used to help finance the Miner Road project, with the idea of reapplying for the loan in another year.
And council was told by the service director that the discussion about the water main was something that they needed to be aware of, which might have to be addressed down the road.
4. The old pool house renovation project
Mayor Coleman went ahead and asked council to put the old pool house renovation project out to bid---even after being told that the project was likely to cost upwards of $ 265,000 (way above the $ 75,000 price tag that the Park & Recreation Committee attached to the project).
I'm still struggling to understand why the Park & Rec Committee thinks renovating the old pool house is a much more important priority than, say, improving the safety of the park entrance, adding lighting to the tennis courts, or adding walking paths/trails, so that residents can actually enjoy the 70 + acres of parkland that the city is very blessed to own.
5. Debate over meeting times and frequency
Council holds two formal meetings a month, at 8 pm. They vote and transact city business at those meetings.
On alternate Tuesdays, council holds Committee of the Whole meetings at 7:30 pm, where thoughts, information, and ideas about pending issues and areas of concern are shared and discussed---prior to council taking any formal action on them.
Based on the discussion last Tuesday, it appears that Mayor Coleman and a few council members are looking to cut out half of the meetings. Same pay, half the attendance requirement.
Sweet deal, eh?
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