Marcellus Shale and You:

The Supervisory Board of North Shenango Township held a Public Hearing on December 19, 2011, to hear opinion and comment from citizens, land owners and residents on the proposed ordinance for North Shenango and the Marcellus Shale Gas Drilling issue.

Board members present were Bill Emerick and Eloise Settlemyre. Supervisor Jeff Daniels was absent due to health reasons.

Township Secretary Denise Gray took minutes and read the list of names of people who wished to stand and speak.

Each citizen was allotted 3 minutes time to speak and give their opinion.

Supervisor Bill Emerick stated from the beginning that the Board would not be answering questions that night; that this hearing was for the benefit of the public and land owners, to give their opinions and thoughts.

He asked that everyone respect the opinions of others, and to let each talk uninterrupted, as they would like to speak uninterrupted.

The names of the citizens who stood to speak will remain anonymous in this publication, to protect their privacy.

Secretary Gray called the name of the first person on the list.

 

That person stood and stated that he is against the Marcellus Shale "fracking" process that is used to break the natural gas from the shale.

He said he feels there is too much pollution and chemical residue in the process and that the gas companies need to be held more responsible to ensure clean air and clean water.

The citizen continued by informing the Board that he doesn’t own land in NST, just some lots, and that he will not gain financially by obtaining a gas lease.

He said he moved to the country to have peace, quiet and clean air, and that he doesn’t want the heavy truck traffic that is indicative with Marcellus Shale Drilling.

The man went on to say that it doesn’t matter whether the local roads are bonded because the heavy trucks tear them up so bad, and everyone has to drive on them while they are here.

He vehemently stated that he does not want the local roads torn up and that he doesn’t want to drive on them all torn up; that he didn’t care if the gas companies came in afterwards to "fix the roads better than before."

He feels that the Board should consider a big picture of all the residents, not just a select few who own land.

He went on to say that he is very concerned about the prospect of pollution in the water table and Pymatuning Lake, before referencing an area known as Beaver Run Reservoir, located near Pittsburgh.

The man said he is concerned about Pymatuning Lake, as the gas companies have openly stated that they will be extracting water directly from Pymatuning Lake.

He informed the Board that the streams and tributaries leading to Beaver Run Reservoir were tapped by the gas companies and now those streams have dried up.

The man said he would like the local farms here to remain clean, unpolluted and active.

He concluded by saying that he is concerned about families and animals having to live with permanent pollution due to hydraulic fracturing by the gas companies.

The next citizen was a local woman who stood and said that she is against the Marcellus Shale Gas Drilling in the township.

She then quoted the Supervisor’s Handbook, it is the duty of the Supers to take care of the health and welfare of its citizens.

She said the Pa Constitution ensures the rights of the citizens to clean air and clean water.

The woman went on to express concern over Pymatuning Lake; a lot of businesses depend on that Lake.

She thanked the Board of Supervisors for their consideration of its local residents and for trying to protect them by passing an Ordinance that places restrictions on gas companies.

She said that by passing such an Ordinance, the people who live in the area will have some protection in the event of water contamination, a well blowing up or other negative factors brought on by fracking and gas drilling

The next citizen stood and asked the Board when they had gone to the NST Planning Commission to discuss the proposed Ordinance.

Supervisor Bill Emerick replied by saying that this hearing was not a question and answer session, but a chance for the public to voice opinion.

The man responded by stating that he could see that they weren’t going to answer any questions.

He went on to say that the Board had a procedural error in the Ordinance, stating that they had not received any answer from the Crawford County Planning Commission until that very afternoon.

He stated that the Board had not had ample time to review the recommendations of the CC Planning Commission.

The man cited a specific line in the Ordinance, referencing "Owner," as being anyone who leased or owned a gas well, and that this line was vague.

He told the Board to look at their verbage, telling them that "Owner" could be a citizen who owned the land where the well sat, and not the company who drilled the well.

He also told the Board that if they passed this Ordinance as is, that they were opening themselves and the township for litigation.

The man then informed them that it looked like the land owner is subject to the $25,000.00 impact fee, not the gas company.

He then asked if Alan Shaddinger was the Solicitor for NST.

The answer is yes, as a matter of record.

The citizen then stated that Shaddinger now works for the firm of Stepto and Johnson, a law firm that represents gas companies and specializes in Marcellus Shale Gas Drilling leases and litigation

The man said he felt that Shaddinger presents a conflict of interest, that Shaddinger didn’t get his copy of the Ordinance until that afternoon, and that he should step down as Solicitor for NST.

This citizen went on to say that there is a Senate Bill 1100, along with a House Bill 1950, that will be setting uniform standards for the gas drilling companies to follow, concerning regulations.

He concluded by saying that NST will be by-passed and that the land owners will not benefit from their gas leases.

The next citizen stood and stated that he is a land owner in North Shenango, with quite a substantial sized farm.

He began by saying that the Town Hall Meeting held a few months ago at the Community Center was a negative one.

He said that Supervisor Jeff Daniels had told everyone that there would be adequate time to address this issue, but that they had only presented one side, the negative side.

Supervisor Eloise Settlemyre spoke, reminding the man and the public present, that they had been continuously inviting any and all gas drilling companies to call and set up a meeting time to present the positive side of Marcellus Shale Gas Drilling.

Community News has published this repeated invitation, as recorded at the North Shenango Township monthly Board meetings.

The gas companies had acquired the township telephone number and one company even attended a Board meeting.

There had never been any acceptance on the invitation from any gas drilling company to present a Town Hall Meeting to give their side.

This reporter, Roseanne Staab, has repeatedly written that Community News covered this Town Hall Meeting, and that it had presented the negative, or "con," side of the issue only.

The citizen continued by stating that the Board wanted to hurry to pass this Ordinance now, and that he was going to give some statements:

One, that I propose a postponement of this Ordinance until January, when the new Supervisor-elect, Dan Dickey, a land owner who has signed a gas lease, can have some input on the issue.

Secretary Gray spoke, saying that he cannot have input as the Sunshine Law prohibits this.

The man loudly stated that he doesn’t care, that NST needs relations with other townships and that this Ordinance is more strict than others, that NST will be by-passed.

The man loudly stated that he doesn’t feel that the land owners have been heard, that, "We own our land and we own the gas under it."

A heated debate began about the Sunshine Law and whether it is applicable to Mr. Dickey ensued briefly, before Supervisor Bill Emerick moved the meeting along.

Code Officer Bob Hutton was present in the audience, stating that he is the Zoning Officer for North Shenango and that he doesn’t stand to gain anything from the Marcellus Shale boom.

He stated that he, personally, is against it, but that his opinion doesn’t matter, since he doesn’t own land in NST.

But, he went on, "I will be the one enforcing any Ordinance."

He continued by saying that he read the Ordinance and that North Shenango already has an Ordinance in place for noise or pollution, plus the new state House and Senate Bills will be over riding anything a municipality puts into place.

Hutton concluded by saying again that he is the Zoning Officer and will be enforcing any regulation, and that he is against the hydraulic fracturing process of Marcellus Shale Drilling.

The next citizen stood and said that there are jobs to be had with Marcellus Shale Drilling, plain and simple.

He continued by saying that his sons are going to need jobs sometime and the drilling will help business in the area.

The man went on, stating that there are agencies to watch the environment, questioning if North Shenango is anti-job, that the Ordinance looks like it is anti-drilling and that a Board of land owners should be created.

From here, Jack Lynch, Director of the Crawford County Planning Commission, took the floor.

He apologized for the review being presented late to the NST Board of Supervisors; it should have arrived a week earlier.

He began by saying that the impact that Ordinances have is important and may put the playing field at unfair levels.

Mr. Lynch stated that Saegertown Borough has a Drilling Ordinance in place, with 7 water wells and a denser population than NST.

That Council is reviewing their Ordinances that is already in place for the Borough.

He continued by saying that he is talking with other municipalities, that the future will hold the answers, and that he and the Planning Commission take the input of local citizens seriously.

A citizen spoke up, asking Mr. Lynch if NST should pass this Ordinance.

Mr. Lynch replied that if they do, they should do it right.

These Ordinances are enforceable, but what is reasonable? What are the best interests of the township?

Mr. Lynch stated that there is nothing wrong with passing an Ordinance, but be careful of litigation.

The Ordinances already in place for the township are also enforceable.

The citizen asked Mr. Lynch if he saw anything unreasonable in the proposal.

Mr. Lynch responded by saying that the $25,000.00 impact fee should be looked at , and make sure the township has a good attorney, even get the opinion of another attorney.

Mr. Lynch thanked the public for their time.

A woman stood and said she has lived in North Shenango for 40 years and that she values the country life, clean air and clean water.

She addressed the Board directly, stating that they should consider this Ordinance on behalf of all the township residents, not just a select few land owners.

Another woman stood and said that the Board should be considering people’s families and the possibility of medical implications due to fracking and the chemicals used.

She said that medical costs are so high and that regulations on the gas industry are too lax; in fact, out of control.

She loudly stated that this Board needs to act now, that she has been researching fracking, along with the re-selling of leases and water contamination.

She said that it is ridiculous to think that everyone will be getting a job when there is the possibility of health risks.

A man then took the floor to say that the $25,000.00 impact fee is excessive, especially when one well has 8 branches coming off of it.

He said that citizens need to be more informed on the subject and that impact fees and liability for damages is already in place.

He said that Ohio has a lot of drilling going on and that NST is missing out on all the financial benefits of drilling.

The man wanted to know how people can test their water wells.

He continued by saying that the impact fee is high and questioned a fee applied to royalties on wells.

He also said that the DEP has looked at water wells and contamination and that with over 1,200,00 frack wells, there has not been one accident or any contamination at all.

Then a man took the floor who identified himself as a geologist who has worked for the oil and gas companies, such as Exxon and Mobile.

He said there are around 4,000,000 frack wells in the USA, and accidents are low, that ground water is not affected.

He stated that there are multiple reports that show no link to ground water or well water contamination due to fracking.

He said, referencing the Ordinance, that if he were holding a lease, "he would come (figuratively) after the Board, personally, ( in a court of law). There is nothing in the Ordinance to promote safety, and the Board should focus on what is reasonable.

Frack wells can contaminate, but not often," he concluded.

The geologist was college-educated, well-dressed and well spoken.

He was very knowledgeable on the subject of gas and oil, citing the industry’s efforts at safety and environmental issues.

From here, a citizen stood to say that the risk of tax and tourism money being lost due to contamination is greater that the risk of lawsuits.

He said that there are frack pits that store the waste and chemicals coming back up out of the well, there has been illegal spraying and disposing of frack water.

There is truck traffic and fumes, noise, explosions, noise from compressing stations.

He asked the public if they would like a compressor station next door to their house, running 24 hours a day, 7 days a week.

The man loudly stated that the gas companies will be extracting water directly out of Pymatuning Lake, without paying a fee for it.

He continued by saying that the gas companies have free rein to extract water all over the United States, anywhere, anytime, without paying any fees.

"There is a well-known natural water spring nearby. Everyone knows about it. I am very concerned about water contamination; wells can be contaminated.

It is obvious that money speaks louder than anything, and that means less safety and more predatory companies.

Thanks to the North Shenango Board of Supervisors for protecting the local citizens."

The next citizen to speak simply stated that he didn’t own any land but is against fracking in NST, and that all the people should be considered, not just some.

Another citizen stood and said that this is the residents' chance to make a lot of money and to speak up.

He wanted to know where the lawyer was who wrote the Ordinance proposal.

He also wanted to know if this was "feel good legislation," and that the politicians and Reps are saying it is worthless.

Continuing, he said that the Ordinance may not even help, but that it may invite lawsuits against the township.

He asked how much money had been spent thus far drafting the Ordinance.

The answer was that no money, except for the cost of advertising it in the paper, had been spent.

No attorney’s fees or money for paper or copies had been spent.

The man concluded by saying that he feels the state of PA has let everyone down, that the gas drillers cheat people and that DEP and other inspectors should be helping the people more, to insure honesty and safety.

Another citizen stood and asked whether an attorney had perused the Ordinance proposal, and why there wasn’t better notice about this particular meeting.

He said that the damaged roads get redone better than before, that the economy will boom and there are no DEP cases as of yet.

He accused the NST Board of Supervisors of shoving this meeting down the throats of the citizens.

From here, a man stood and held up a newspaper.

He said he had an article from the Pittsburgh Post Gazette, citing the instance of "Force Majeure," where the gas companies are "flipping," or re-selling the leases, without informing the land owners.

He yelled at the public present to read the article or go online to read it, and to look at what the gas companies are doing to the people there outside Pittsburgh and in Washington County.

The gas companies are making one big lease, with only one person profiting from a well.

The farmers who need lime for their fields cannot obtain it because the gas companies have bought it all.

The man concluded by saying that the gas companies cheat, that he has a lease and that it has already been re-sold once, to his knowledge.

At this time, the Supervisor from Sadsbury Township, Roy Whaley, stood and introduced himself.

He began by bluntly stating that he does not trust the DEP and that there are not enough regulations in place, as of yet.

He feels that everyone should be looking at things long-term, citing instances out in Montana and Wyoming where lakes have indeed been contaminated due to gas fracking.

He mentioned farms being ruined, animals being sick or dead, and water being contaminated.

"A lot of people here are going to get hurt. The money is out of control."

Mr. Whaley said that the bond issue for the roads could become a problem and that people should consult an attorney, learn the legal terms that the gas companies are using, and to be very careful if signing a lease.

Mr. Whaley continued by informing the public that a lot of drillers only have a 6-month clause in the leases for clean-up of contaminants.

After that, the land owner is on his own.

Mr. Whaley went on to say that the people need legislation that addresses all the problems; he then turned to Jack Lynch, head of the Crawford County Planning Commission and said, "We still do not have a model from the CCPC, and I have asked for one. When can we expect something from CCPC?"

He continued by saying that PSATS, the Pa. State Association of Township Supervisors, has been helping to draft Ordinance proposals, but that in no way would gas drillers be testing the water wells for lease holders or private citizens in surrounding areas.

Nor will a gas company record decibel levels for noise on rigs or compressing stations.

Acceptable decibel levels for industry come in at 70, but the NST Ordinance is only allowing for 55 on a drilling rig.

Authorities must make sure the right regulations are in place and the DEP better get the right people in there to enforce regulations, not who is in those offices currently.

The House and Senate Bills are just laying there, laying in Committee.

Officials better make sure all their ducks are lined up and get an attorney for consultation on the proposal and everything thereafter, he concluded.

Moving on, incoming NST Supervisor, Dan Dickey, who will be sworn into office in January, 2012, stood and said that the people have been told for months that an Ordinance was in the works, but nothing was happening.

Then suddenly, the Ordinance appeared as if out of nowhere.

He said that the Board is moving too quickly on this Ordinance.

Dan Dickey stated that he will take office soon and that he owns a gas lease.

He said that this Ordinance was written to keep drilling away from here and to restrict it.

He acknowledged that water can be contaminated, but that deep wells are different from shallow wells.

He stated his farm uses around 7,000 gallons of water a day for operation.

He concluded by saying that there are a lot of other townships that surround Pymatuning Lake, and wanted to know what those townships think of this.

A man stood and told the Board that they needed to slow down on this, and to really look at the Ordinance, with the help of an attorney.

Finally, the last citizen on the list stood up and said that she grew up here in Espyville, does not want to see a busy boom town here, and likes the quiet, rural farms of the area.

She stated that she drives touring buses for entertainers and that she travels all of the lower 48 states, all year long.

She said she has seen the gas fields down in Texas and has seen the gas fields out Wyoming and Wisconsin, and that it is a mess.

"Frack drilling is everywhere. I love Espyville and Pymatuning Lake, the country and all the farms.

Don’t tell me that the gas industry doesn’t have any accidents, my industry had three drivers killed last year.

We don’t like those statistics, but accidents are a fact of industry. For a gas company representative to stand up and say that the gas industry has no accidents is ...just a lie.

Every industry has accidents."

Continuing, she asked the public, "What if it happens to you? Water contamination, noise pollution, frack ponds with chemicals? What then? What if it goes in right next door or your land gets ruined? You can’t go back afterwards."

She went on to say that she has spoken to local residents in the small towns down in Texas and out in Wyoming, and has asked them what they really think about frack drilling.

The response from everywhere has been, "We wish it never came."

The woman then informed the public that the gas companies do not employ local workers, and that they bring their own workers along, wherever they go.

The economic benefits for jobs is being overblown.

There are big trucks and lots of them, there is noise, there are chemicals.

"I have seen it for myself, no one can dispute what I have seen."

She pointedly stated to the people of Espyville that they should think long and hard before allowing this into the area, because, "The money is talking. These gas companies do not give a lick about small towns like Espyville, Pennsylvania; once they get in, take what they want and make their profit , they are looking at you in their rearview mirror."

The woman received a resounding round of applause.

The NST Board then asked if anyone else would like to speak, pro or con, for or against.

There being no one, the motion then carried to adjourn the Public Hearing for the evening.