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HomeMy WebLinkAboutGBA 2013-09-12 MinutesMINUTES OF THE MEETING OF THE GAS BOARD OF APPEALS WORK SESSION 7301 NORTHEAST LOOP 820 SEPTEMBER 12, 2013 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 6:30 p.m. PRESENT Chairman CITY STAFF Director of Planning & Dev City Engineer Fire Chief Bn. hief —Fire Marshall Cpt. Asst. Fire Marshall Recording Secretary Tom Duer Kathy Luppy Randal Shiflet Marty Kusmierski Brian Crowson John Pitstick Greg Van Neiuwenhuize Stan Tinney Greg Lindsey David Simmons Teresa Koontz John Pitstick presented Garry Cope with a plaque for his six years of service to the Gas Board as he is retiring. John Pitstick gave a brief overview and review of the items on the September 12, 2013 Gas Board Regular Meeting Agenda. 2. ADJOURNMENT The Work Session adjourned at 6:58 p.m. Page 1 of 10; 09/12/13 GBA minutes MINUTES OF THE MEETING OF THE GAS BOARD OF APPEALS REGULAR SESSION 7301 NORTHEAST LOOP 820 SEPTEMBER 12, 2013 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:05 p.m. 2. ROLL CALL PRESENT Chairman CITY STAFF Director of Planning & Dev City Engineer Fire Chief Bn. Chief —Fire Marshall Cpt. -Asst. Fire Marshall Recording Secretary Tom Duer Kathy Luppy Randal Shiflet Marty Kusmierski Brian Crowson John Pitstick Greg Van Neiuwenhuize Stan Tinney Greg Lindsey David Simmons Teresa Koontz Chairman Duer led the Pledge of Allegiance 3. Approval of June 13, 2013 Gas Board of Appeals Meeting Minutes APPROVED Randal Shiflet motioned to approve the minutes of the June 13, 2013 Gas Board of Appeals minutes, the motion was seconded by Kathy Luppy and it passed unanimously (5 -0). Page 2 of 10; 09/12/13 GBA minutes 4. GB 2013 — 01 Continued Public Hearing and Consideration of a request from Chesapeake Energy Corporation for an appeal to the Gas Board to allow a permanent above- ground lift compressor at the Graham gas well site at 7000 Hightower Dr. Leah King, Chesapeake Energy, 100 Energy Way, Fort Worth, TX came forward and stated also present was David McKenna, Operations Manager for the Barnett Shale and Bradley Webb with Behrens and Associates, Inc. Ms. King said this is a continuation from June for the Graham Pad at which time we were instruction to focus attention on sound concerns. Low profile equipment, installing sound walls and other sound mitigation equipment needed. A tour of the pad side for Gas Board of Appeals and community members to review progress within 90 days took place. Eight of the sixteen wells on the Graham pad may or may not require permanent gas lift, if they are taken down for service, it will take assistance to get the water out of the well. Ms. King stated she was wanted to be clear on something stated earlier so it does appear that we did anything against the city ordinance. The ordinance does not say or exclude gas lift units, it specifically prohibits compression stations. A compression station is usually much larger and used to pressurize the pipeline and used strictly for a well. We did not have any disregard for your ordinance, and this piece of equipment did not speak to this, it is normal and common and needed to keep the wells productive. The other thing we used was the guidelines on noise restriction. It says "During production no onsite activity shall produce a sound greater than 65 decibels when measured at a distance of 300 feet from any onsite equipment in question." Those were the guidelines we used when we put this equipment on the pad. Recapping some of the actions taken on the Graham pad site, we asked our vendor to source some low profile gas lift units for us. Once equipment confirmed we ordered the units and relocated the units from the western side to the northeast corner. We then contracted with Behrens and Associates to conduct an ambient sound survey. Based on the sound survey, they designed a fit for purpose sound wall to put around the unit. We ordered and installed hospital grade mufflers and conducted site tour on September 10, 2013. Ms. King said the survey taken included readings from July and September with normal ambient sounds and with the gas lift stations operational. In addition, a sound survey showed typical sounds that might be in the area. Bradley Webb, 176 Bearcat Road, Aledo, TX with Behrens and Associates came forward explaining the procedures of the sound survey. Page 3 of 10; 09/12/13 GBA minutes Chairman Duer asked if the spikes on the graphs show one particular thing causing the ambient noise to go up or is it from a 2 hour period of time. Bradley Webb said the spikes were from a period of time, not necessarily one sound. Ms. King continued the presentation going over the sound survey results. A Power Point presentation of the existing Graham well site in comparison to Morrow Stevens was presented and it was mentioned that the walls were built before it was known this equipment would be required. There was a general discussion about the differences of the two well sites. In summary, Chesapeake is requesting a slight reading above ambient for the 10 foot gas units, which will give some ability to give some additional sound equipment that the 8 foot does not allow. Chairman Duer asked what was the difference between compressor and lift compressor and what does it say in our ordinance. John Pitstick read directly from the ordinance "The Gas Board of Appeals is authorized to decide by majority vote request for deviations specifically authorized by this chapter, such as distance of drilling sites from certain structures and improvements and hours of operation. The Board is likewise authorized to decide by majority vote request for deviations from landscape and screening requirements and can hear request for allowing compressors on specific sites within the city." Chairman Duer asked if we knew back when the ordinance was written if there was a different between compressors and lift compressor. John Pitstick said no, and pointed out that we do require on all gas drilling permits that they show all permanent improvements and they must be screened. We never saw any plans on any gas well sites for compressors. We were never notified; they just showed up, that is why we are here tonight. Chairman Duer asked if anyone was here from the manufacturer of the compressor company and asked the difference between the 8 and 10 foot compressors. Dave McKenna, Operations Manager, Chesapeake, 100 Energy Way, Fort Worth, came forward. He said a 10 foot unit is common in the fleet that we rent from. The cooler systems for the engine and compressor part are together in one section and it generates more noise due to the fan, Behrens is able to design a silencer that fits over section of the unit, which is in place at Morrow Stevens. On the 8 foot units, they are a different engine and compressor configuration, the radiator for the engine and cooing compressor are separate. There is no way to build a silencer system to reduce the noise mitigation, which is at the Graham site. The 10 foot unit is larger horse power which has capacity to handle more gas, which allows us to have one 10 foot unit as opposed to multiple 8 foot units. Page 4 of 10; 09/12/13 GBA minutes Chairman Duer asked is the majority of the noise came from the fan motors that cool the units. Bradley Webb with Behrens said yes, it comes from the fan side of the compressor. Without the fans, it is like not having a radiator in your car, plus the gas has to be cooled off in stages of compression, it will be in excess of 250 degrees. It is cooled with ambient air and re- compressed into second stage. There was a comment about lowering the units into the ground. Physically it can be done, it does cost money, methane gas is used and we try not to build low points where gas could lay on a heavy - high humidity day and be trapped. Marty Kusmierski asked if the compressor was running when we had the field trip on Tuesday. Bradley Webb said yes it was. Randal Shiflet asked for clarification if our city ordinance was 65 decibels at night ? John Pitstick said the ordinance states that during production 65 decibels is allowed. That is also the residential standard as well as during gas well production. There was a general discussion between the Board and Staff regarding the issues of sound, wall height, and equipment on the site. Randal Shiflet shared that he recently learned the City Fort Worth allows 60 decibels at night, San Antonio allows 63, El Paso allows 65. Our number is significantly higher than some major cities for comparison. He said this seems to be more about permanent structures and height restrictions. Brian Crowson asked if Chesapeake has ever installed compressors below ground level. David McKenna commented no they have not. Chairman Duer asked for clarification between the equipment Graham and Morrow sites and if there is a perceptible difference. Greg Lindsey said yes, inside the pad there is a measureable and perceptible difference between the two. Morrow Stevens is quieter than Graham site. Chairman Duer opened the Public Hearing. No one came forward to speak for the case. Others came forward against the case. John Webb, 6936 Finch Drive, NRH came forward with concerns and complaints regarding noise, quality of life and decreased property values. He stated he works for the homebuilder and would have not considered purchasing his home knowing the compressors would be an issue. He spoke with city officials and Chesapeake beforehand and this was not disclosed. Page 5 of 10; 09/12/13 GBA minutes Doug Ousley, 6940 Finch, NRH came forward with concerns and complaints regarding constant noise, quality of life and decreased property values. He stated he spoke to city officials, Chesapeake and American Life Homes at which time none of this was disclosed. He requested sound surveying to be completed by the City of North Richland Hills and have more validity rather than Chesapeake's report from Behrens. Melony Cartwright, 6904 Finch Drive, NRH came forward with complaints and concerns regarding noise levels, negative property values, sound wall height, and poor quality of life. She has concerns about the validity of the sound survey from Chesapeake. The consensus from the neighborhood is "not to be seen or heard." There was a discussion about the low profile 8 foot units on the site and why there is a request from Chesapeake for a 10 foot unit. Randal Shiflet stated that the 3 decibel increase is not above city ordinance, it refers to Chesapeake adding a second compressor it would increase 3 decibel but would still be allowed by city ordinance. There was a general discussion regarding ambient noise levels and what is allowed by ordinance. Leah King clarified they are asking 3 decibel above ambient, not the current 65 allowed. Randal Shiflet asked Bradley Webb to address the independent credibility. Bradley Webb with Behrens and Associates said they are a third party independent company who works other gas well companies, municipalities not just Chesapeake. Tim Nuttell, 6820 Oriole Lane, NRH came forward stating he lives in the center of the neighborhood and can still hear it at night. He said he is an engineer by trade and the spikes on the chart show him that it is indicative of not enough sample points. He would like more testing with a true base line with different testing times. Complaints of noise and quality of life were noted and putting the cost on the people that are not getting any of the benefit is irrational. Don Hicks, 6977 Warbler Lane, NRH, came forward with concerns that Chesapeake will request more and do more if there are no restrictions. He feels the sound survey should be done independently and the results and data should not be completed by Chesapeake. In addition, he requested video surveying would be helpful. He asked about the complaint of recent a loud shrieking sound when the police was called out. Randal Shiflet left the dais at 8:10 p.m. Brian Crowson asked Greg Lindsey if he is aware of the noise report commented by Mr. Hicks. He asked Chesapeake if they had any record or log of loud noise being reported. Page 6 of 10; 09/12/13 GBA minutes Greg Lindsey said he was not aware of a complaint in their office regarding a loud noise. Leah King said she has not been made aware of any complaint of loud noise on either site recently. All the wells are monitored 24/7 by an operations center downtown and daily inspections are conducted. Brian Crowson asked if there was a phone number posted on the job site in case there is a need to contact Chesapeake for any reason. Leah King said yes, in case of emergency there are numbers posted, but normally residents call the city in the event of a complaint. Randal Shiflet returned to the dais at 8:15 p.m. Chairman Duer asked if routine inspections are done by the Fire Department. Greg Lindsey said routine inspections are left to the responsibility of the Chesapeake, just like every other business in the city. The compressors are well maintained and we do regular follow up with them. We do regular industry training with Chesapeake in the event of an emergency. Marty Kusmierski asked for more clarification of the noise levels and both sites from Greg Lindsey. Ben Johnson, 1712 Oak Knoll, Colleyville, came forward as the developer, builder and president of the HOA. He was aware of the well site when the property was purchased, wells were on site and fully aware that drilling would occur. But he researched the ordinances online beforehand and noted that compressors were not allowed and the wells were supposed to be short lived. The compressor was not intended for the property and should not be allowed, nor is raising the height of the walls. He asked if electric motors could be used on compressing the gas instead of compressors. Jim Emery, 6953 Bob White, NRH, came forward stating he does not hear the compressor in his house, but he does when he walks the property. He has concerns with property values decreasing. Brian Crowson asked if there were any homes for sale in the neighborhood and are they selling? Jim Emery said yes houses are being built and sold in the neighborhood. He said he was told there would not be any noise after they completed the fracturing. Brian Crowson asked Ben Johnson if he was having any trouble selling homes and how many have been sold in last six months, has the homes been discounted due to well sites. Page 7 of 10; 09/12/13 GBA minutes Ben Johnson said now that production is over things are not as bad and he was not certain how many have been sold. There are about 10 -12 lots and we are still building, but not discounted because of this. A citizen spoke up and stated the eastern side of the neighborhood is being affected and eventually it will affect the value of the whole neighborhood. Leah King addressed the sound survey stating Behrens report is correct and Chesapeake has no control over the results. Sound surveys were conducted on weekday, holidays and weekends and sound results with and without the compressor running. Electric compressors take a huge drain on the grid and has to have electricity ran to it and fans with coolers still have to be on the site to keep the unit cooled down. David McKenna commented that typical electric pumping unit motors are 40 -60 horsepower. We need 300 -500 horsepower so a very high voltage power supply would be needed to keep it from affecting the whole neighborhood. Marty Kusmierski asked if there was any noise cancelling technology to stop the constant noise. Bradley Webb said the noise cannot really be contained because it is going through the ceiling. Leak King said training is available to all city first responders in all cities that Chesapeake operated in. She stated she lives by a well site as well so also is familiar with lift compressor stations. Brian Crowson asked if it was possible to build another wall around the existing wall to help mitigate noise? Bradley Webb said there would be no measureable difference or change. Marty Kusmierski asked if the compressors had to continually run? Leah King said over a quick period of time the wells fill with water and compressors need to stay on. The Public Hearing was closed and a motion was entertained. Randal Shiflet asked for clarification as to what was on the site Tuesday night. Leah King said it was a low profile 8 foot compressor with 10 foot building with an 8 foot wall. There was a discussion about the request by Chesapeake and existing walls between the Board, Staff and Chesapeake. Page 8 of 10; 09/12/13 GBA minutes APPROVED Randal Shiflet motioned to approve GB 2013 -01 with 10 foot lift units with 12 foot barriers, 3 decibels above ambient at 300 foot, with the walls be neutral in color with existing walls. Kathy Luppy seconded the motion. The motion passed (3 -2) Duer and Kusmierski voted against. 5. GB 2013 - 02 Continued Public Hearing and Consideration of a request from Chesapeake Energy Corporation for an appeal to the Gas Board to allow a permanent above- ground lift compressor at the Morrow Stevens gas well site at 9203 Kirk Ln. Chairman Duer opened the Public Hearing. John Pitstick came forward stating Chesapeake is requesting permission to use an above ground compressor at the Morrow Stevens gas well site to provide enhanced positive pressure at well heads to efficiently flow gas to market. Leah King stated this request to keep the 10 foot unit and 12 foot wall and asked for clarification of the neutral color request, if it is to match the existing masonry wall or what can be provided by Behrens. There have been no complaints to our knowledge of noise at this location compared to the Graham site, but the homes are set back a differently. The equipment requested in June has come in and seems to be working very well. Chairman Duer called for the motion as no one else wished to speak. APPROVED Randal Shiflet motioned to approve GB 2013 -02 with 10 foot lift units with 12 foot barriers, 3 decibels above ambient at 300 foot, with the walls be neutral in color with existing walls. Kathy Luppy seconded the motion. The motion passed unanimously (5 -0). Page 9 of 10; 09/12/13 GBA minutes 6. GB 2013 -03 Continued Public Hearing and Consideration of a request from Chesapeake Energy Corporation for an appeal to the Gas Board to allow a permanent above- ground lift compressor at the Birdville ISD gas well site at 6251 Richland Plaza Dr. Leah King gave brief explanation of BISD well site and the request for compressors and same quality sound walls as the other sites. There was a discussion about the site between the Board, Staff and Chesapeake. Brian Crowson asked if there was a possibility there would be home built around the site. John Pitstick said no, because it is in the flood plain. APPROVED Kathy Luppy motioned to approve GB 2013 -03 with 10 foot lift units with 12 foot barriers, 3 decibels above ambient at 300 foot, with the walls be neutral in color with existing walls. Brian Crowson seconded the motion. The motion passed unanimously (5 -0). 7. Adjournment There being no further business, the meeting was adjourned at 8:50 p.m. Chairman Secretary Tom - J yA!9rt Page 10 of 10; 09/12/13 GBA minutes