The Truth (Finally) Comes Out

Truth One: The New Parking Lot In the Community Park was built on a County-identified Wetlands

There were quite a few problems with the well sites in the city park that Former City Engineer Andy Blackley selected for Bass Energy in 2007.


One of the well sites was in the middle of unspoiled, mature forestland that is accessible only on foot. The second site was right next to the new park parking lot. The second site impinged on a constitutionally protected 10 acre parcel of green space, which was purchased using Ohio Department of Natural Resources (ODNR) grant money in the late 1980’s. Judging by the vegetation and topography, the second site also appeared to be smack dab in the middle of a wetland area---although there was much denying of that fact at the time.


The truth finally came out this week. An updated map supplied to the Gas Well Committee (GWC) by Brian Mader of Stephen Hovancsek & Associates shows that Blackley located the second gas well in a county-designated wetland.But the new map shows a lot more than just that.
It turns out that at least half of the new parking lot that Blackley designed for the community park was built on that same wetland.


Wetlands are protected by both state and federal law. Property owners are required to obtain permits before building on (or disturbing) wetlands. There is no record that either Andy Blackley or the city obtained a permit to build the new parking lot on a wetland. How did that happen? Why would our former city engineer put a parking lot on a wetlands?

I wish I could explain it. I will tell you this: Blackley and his firm (you guessed it, Stephen Hovancsek & Associates ) developed a site map for the park in connection with the park parking lot project. Blackley used that site map: 1) to design the new park parking lot; and 2) to choose well sites for Bass Energy in the park. In turn, Bass used that same site map to obtain drilling permits from the state in 2007.
Blakely’s site map does not show the location of the constitutionally-protected ODNR land or any of the county-identified wetlands in the park. If Blackley’s map had shown those things: 1) the city would have had to either move the new parking lot or postpone construction until it obtained a wetlands permit; and 2) Bass Energy’s permit application for the second well site might have been denied because that site impinges on both ODNR land and identified wetlands. It certainly smoothed the way--for both the city and Bass Energy-- to use a site map that omitted problematic areas, such as constitutionally protected green space and designated wetlands.
FYI, Mayor Scott Coleman reappointed Stephen Hovancsek & Associates as the city’s engineering firm in December.


Truth Two: Drilling In the Park Might Never Have Been Approved, If Even a Single Public Hearing Had Been Held
One undeniable and particularly upsetting fact is that Mayor Coleman and Council blatantly ignored Highland Heights ordinances in their rush to cut a drilling deal with Bass Energy. Not only was a public bidding process not used, but our elected officials ignored ordinances that ban drlling in the park ( § 733.20) and require that two public hearings be held on all drilling requests ( §§ 733.15, 733.16).


I thought of those ordinances while listening to the speakers who were invited to address the GWC this week. Based on the information and cautionary advice that the speakers shared, I am convinced that things would have turned out very differently, if only a single public hearing had been held.
The speakers included a former ODNR oil & gas inspector, a founding member of NEOGAP (Northeast Ohio Gas Accountability Project) and representatives from the Euclid Creek Watershed Council. Not only did the speakers touch on significant safety and liability issues, they brought up a number of very important legal issues that should have been considered and addressed---but were not---before a drilling lease was signed.
The bottom line message that the speakers imparted was that under state law--unless the lease imposes specific limits--Bass Energy will be able to do whatever it needs or wants to do to extract gas and oil from the park---including burying drilling-related material in the park. Unfortunately the lease that Law Director Tim Paluf approved of and that Mayor Coleman signed does not impose any limits on Bass. The only thing Bass is required to (eventually) do under the lease is restore the well site areas--as required by state regulations.

CWC member Paul Berne (an insurance professional) reacted to the things he heard by strongly urging the city to obtain a liability risk assessment. He also advised the city to require Bass Energy to carry enough insurance to cover a major catastrophic event in the park.
Both of Berne’s suggestions are very good ones, but unfortunately--due to the lack of a public hearing---they come too late. The horse is already out of the barn. Under the lease that Mayor Coleman signed, Bass is only required to maintain general commercial liability insurance in the sum of $ 5 million "for the life of the well." Not only is $ 5 million a puny sum should things go terribly wrong, Bass is not required to maintain that amount of insurance exclusively in connection with the Highland Heights park wells. The $ 5 million insurance coverage would apply to---and be shared by---all of the wells that Bass drills throughout the state.
Since members of the public were never given the opportunity to weigh in and share their thoughts and concerns, many issues that should have been discussed and addressed before a drilling lease was signed weren’t. The rush to drill has placed Highland Heights residents—and the park--- at significant risk, and according the speakers who addressed the GWC, we may not know the full impact of that risk for a decade or more.


Truth Three: The GWC Is Not Truly Independent. Its Members Feel Obligated to Come Up With Two Drilling Sites in the Park—No Matter What the Risk.
Although Council President Scott Mills told the GWC members that they were supposed to decide for themselves whether or not any suitable drilling sites could be found in the park, some GWC members clearly believe otherwise. They know that the sole reason the GWC was formed was to smooth the way for a settlement with Bass Energy, and no doubt they have heard from back channels that Bass won’t settle for anything less than drilling two gas wells in the park.


At the meeting this week, several GWC members made clear that they believe that their true (and only)  mission is to select two drilling sites in the park-----a statement that conflicts with their stated mission, and a statement that Mills unfortunately did not immediately correct or dispute.
Although I believe the GWC members would serve the community better by following their consciences (rather than worrying about covering for Council), they clearly understand what a very tight corner the city was placed in when Mayor Coleman rushed to sign a drilling lease with Bass before any well sites were discussed with or approved by Council--an act that Judge Gallagher found Coleman had "no power" to do, but he did anyway.