The Flower Mound Town Council is being pressed to quickly make decisions that would facilitate gas extraction, but two members say the town should respond only after a comprehensive revision of oil, gas and pipeline ordinances. Council members Al Filidoro and Tom Hayden met with  this journalist at The News Connection office on Monday to discuss their apprehensions about expediting two key requests to the Council from Williams Companies and residents who stand to benefit from drilling.   Williams has asked the Town Council to overrule a staff decision that denies it permission to use town roadways for seismic testing.  Williams is also pressing the town for action that would permit constructing a network of pipelines to facilitate a wastewater collection system at a central location before it is trucked out of Flower Mound.  Filidoro and Hayden, along with other council members, have heard requests from Williams’ representatives and numerous persons whose property is under lease to Williams on these two issues. They have taken phone calls, held  conversations and listened to presentations during the public comments portion of council meetings.

     Filidoro and Hayden contend that quickly saying “yes” to Williams’ requests would set policy and precedent for years to come.  Currently, the town’s ordinances do not address the issues of wastewater collection or seismic testing on town property, they said.  “We have to make sure we’re doing what’s right for the entire town, not just the residents of Shiloh Road,” said Hayden. Both councilmen expressed their respect for Williams Companies as a leaseholder and gas operator. But Filidoro added that as the town develops its regulations they will have to be appropriate for “not only the most responsible operator, but also for the least responsible operator.” The councilmen say the answer to Williams’ requests should come after the town develops a soundly-reasoned, comprehensive plan that is vetted through extensive study and public hearings. They released a joint statement that says “It has been since 2007 that Flower Mound last reviewed and revised our Oil & Gas Ordinance. Since then our community has seen explosive activity related to gas exploration that has spilled over to our higher density neighborhoods. During this time, gas drilling has become more sophisticated with methods that our current ordinance either prohibits or does not address.”

     Because of the makeup of the Town Council, Filidoro and Hayden have two of the four votes available on any council actions related to the Williams Companies’ request. Mayor Jody Smith and Deputy Mayor Jean Levenick have recused themselves from discussions on oil and gas ordinances because they have property under lease. Filidoro and Hayden are quick to point out they are speaking only for themselves not the Town Council. Williams Exploration is the largest leaseholder of mineral rights in Flower Mound, with an estimated 4500 acres under lease.  The company is expected to drill approximately 100 wells in their leasehold areas. Williams has said that extensive seismic testing can dramatically increase gas recovery in areas where it drills and availability of such data will be a factor as it decides where to spend its capital drilling.  Seismic testing involves use of trucks, which weigh approximately 60,000 pounds, moving in pairs over ground being tested.  The vibrations from the trucks and widely dispersed seismic sensors reveal information used to map underground formations.  Hayden and Filidoro point out that the town does not restrict seismic testing on private property, but has concerns about allowing the activity on town-owned property because of potential impact on roadways, underground utilities and private property like foundations and swimming pools.

     “Town Staff has turned down Williams’ request because there is a lack of independent empirical evidence on how these rolling vibrations would affect the average life of our roads and underground infrastructure,” the councilmen said in their joint statement. The councilmen have concerns about piping wastewater, which is tainted with salt and other pollutants. Filidoro said that, where the briny water escapes, it kills vegetation.  Both councilmen see merit in Williams’contention that centralized collection would confine trucks to a few roadways and keep trucks out of residential neighborhoods.  Both said that they have been advised by the town’s attorney that the town’s oil and gas pipeline ordinances would have to be amended to permit such pipelines. Currently, the ordinance requires tanks at the well site. The comprehensive plan will take months to develop and could pose problems. At a recent Town Council meeting, Marilyn Rhodes, Regulatory Specialist for Williams, said that her company has revised the hard deadline on the response to these issues, from September 21, 2009 to January 22, 2010. During a telephone interview, Ms. Rhodes said, “We recognize and enthusiastically accept our responsibility to the communities we serve, through acting as a good neighbor and through involvement and support for community activities.  We are committed to protecting the public, the environment and our natural resources by operating in a safe, reliable manner.”