Plan Change Submissions.

Some interesting news of note.

The MDC have published the submissions on the proposed rule change for frost fans.

While I would like to say that they make interesting reading, at over 200 pages of text, it will take me a few days to go through them.

There are some interesting details that have caught my eye however.

Casting a glance over the list of submitters, there are a good range of the usual suspects. I.e those who have been vocal in the past from one side or the other, but there are a few interesting new players showing their interest.

For instance;

The Nelson Marlborough Public Health Service

Richard Karn (for those not in the know, I recommend a quick trip to Google)

and last but not least

The Marlborough District Council

I don't know about you, but I didn't know that you could put in a submission on a plan change that you had proposed in the first place. But hey, I'm sure they have some interesting things to say, so why not?

So where to get hold of these gems?

Click here for part 1 (4.8MB)

Click here for part 2 (3.6MB)

And if you want to go to a page where there are a few other links to some more info (including making a submission on submissions!) go here.

Enjoy.

Inversion layers and what was happening last night

Interesting times.

It is not typical to have the frost fans operating as late as the 12th of November, but they are.

More interesting is the reason they are operating.

You see it is cold (approaching freezing), but the type of cold that can be warmed by a frost fan is very selective.

You see a frost fan relies on an inversion layer (see here and here) to work. It pulls down slightly warmer air from about 15m above the ground.

But what if there is no inversion layer? Well then you end up blasting your vineyard with cold air. Yes, that would mean making a bad situation even worse.

Now a strange thing happened yesterday. In Marlborough, a cold air mass moved in from the South and brought with it rain and low temperatures. So throughout the day, air temperatures were low and as a result the temperature of everything else was low.

A typical day in September/October in Marlborough sees sun warming the ground and the air. Then at night the warmth from the ground is radiated away as infrared radiation and the warm air mass traps the cold from the ground near the surface. Hence the effect of a rise in temperature with an increase in height.

Last night there was no warm air and the temperature dropped towards freezing. As a result the frost fans that were running were probably moving cold air over their vineyards. Creating exactly the effect they were designed to prevent. Needless to say, the residents they woke up were annoyed. It would be even more annoying to know that the fans shouldn't have been running at all because they were only making the situation worse.

That man deserves a Methodes Traditionelle!

In a follow up to the advert seen for a system for providing frost protection through heating, it would appear that the news is picking up the story.

One of the really interesting aspects is that the heat transfer utilizes the transfer of sap in the vine to aid protection. Smart stuff.

Find attached an article from Blenheim's 'The Sun' newspaper (click on the picture for a readable version).

You can also see articles from stuff.co.nz here and from the NZ Herald here.

Yet more proof that the removal of frost fans from sensitive areas is not the end of viticulture. Simply using a responsible method of frost control means that everyone gets along.

Good effort to Daniel Le Brun at No 1 Family Estate and Cresswell Electrical.

Responsible Actions by Frost Fan Manufacturer

I'll be honest.

I had serious doubts that a company who could have easily clammed up and refused comment or even gone on the offensive (irrespective of the final outcome) would have had the moxie to confront his accuser and reply in a honest and open way.

But I was wrong.

I have received a full and frank description of the problem that has recently occurred with a particular brand of frost fan and the description of the steps taken to identify the problem, mitigate the risk and implement a resolution are both commendable and verifiable.

I have no doubt that the resolution is being implemented in a method that mitigates risk and this mitigation has involved co-ordination with another independent group that specializes in safety.

I am not a friend to this company and I have little reason to expect them to regard me as benign. Yet I will tell you that they have acted responsibly in this matter.

Their product and those of other frost fan companies are still being used recklessly and where this occurs they will anticipate having unwelcome attention.

There is little doubt I will receive grief for not outing the company publicly, but to put it bluntly, that's tough. Some will not accept that there is a larger picture that requires industry and affected persons to interact to try and improve the situation for all. Bad luck.

There is a chance... A good chance... that this situation will provide an impetus for real improvement.

The likelihood of any of the frost fan manufacturing companies launching into a song and dance about the safety of one of their competitors blades is relatively slim on the grounds that those in glasshouses should not throw stones.

There is a strong case to suggest from this incident and from those that have affected all manufacturers of frost fans, that a suitable stand off distance should apply to the machines from residential properties.

If statistics teaches us anything it is that given enough opportunity, stuff happens.

Remove the opportunity (remove the fans from nearby residential properties) and you remove the problem.

Frost Fan Failures

After consideration of the potential for harm to others I have contacted the manufacturer of the frost fans that have been reported as failing.

This is to provide an opportunity for him to confirm the steps being taken to address the issues so that the product can be relied on.

It is quite probable that the issue is being dealt with appropriately and if so, this would indicate a reasonable approach to the situation.

I await his response.

There will be those who regard this as a cop-out. That is a fair call. I won't try to justify it other than to say that it has been made with the ultimate goal of providing a better outcome for all.

And perhaps with a more open relationship between manufacturers (all manufacturers) and the environment into which their products are deployed things can improve.

Here's hoping.

2nd Abatement Notice Location Identified

And guess what?

It wasn't McKean Estates.

Faced with a 50-50 chance of who would be the offender, Mckean estates have wriggled off the hook. (See previous post here)

But into the firing line comes Paul Vegar (Auckland investment fellow) and his able Manager Daniel Watson.

The quick witted amongst you will recall the previous article here about "reckless, irresponsible and deliberate" taking of water in the Wairau Valley. And the stuff. co.nz article here on the same topic.

Well guess what?

Same fellows.

The land is cleverly tied up in investment speak parcels so that the title holder gets stung for the legal stouch while the investment manager wrings his hands. Real viticulture artisans. The sort of people to whom wine-making is not so much a calling as an art form to be elevated to the highest levels. I've no doubt they are skilled at making money. If you want a successful investment, see this guy.

In fact, if you're a lawyer, he's probably looking for some extra help too. And you know what? That's probably what will happen here. He won't decide to operate the fans at a compliant level. He'll fight it in court and chew up your hard earned rate dollars.

Frost Fan Blade Failures

Just hypothetically, suppose that you were administering a blog.

The thing is with blogs, you can find out a lot simply by seeing what traffic goes in and out of the site. I won't bore you with the technical details, but it is possible to gain an impression of the trends that viewers have (not individual viewers, but in general).

So, back to the interesting part. There has been a trend of late for people to look for information on the failure of frost fan blades. There has even been a snippet of information that would lead me to believe that people are looking for information on a specific manufacturers frost fans.

Now, because this is all hypothetical I took an opportunity to make an external inquiry or two. They had nothing to say, which makes me suspicious.

If the traffic is any indicator, something has happened.

Feel free to post a comment if you've got something to say. If it's speculation, you may rest assured I won't be publishing it until I can confirm something.

The data doesn't lie. Someone knows something. It's possible that they don't think it's important. But in the spirit of keeping the public aware of what's happening, I recommend fessing up sooner rather than later. The longer the secret is concealed, the worse the public reaction.

Somewhere...

Someone...

Knows...

2nd abatement notice issued in Marlborough

Radio New Zealand is reporting a second abatement notice being issued for excessive noise from frost fans.

In addition to the notice that was issued earlier in the year to Waihopai Holdings in the Waihopai Valley (which is currently under appeal), this one has been issued to a Wairau Valley offender (which comprises about 40 fans on two properties).

Now, I have no idea which property this would be.

However there are a limited number of possibilities.

One would be McKean Estates which was profiled in stuff.co.nz here and a little bit more about the machines they use here They are described as a property up the Wairau Valley that has 46 frost fans.

Of course it might not be them, they might well be operating their machines compliantly, unlike their efforts in the Hurunui (Waiata Vineyards) where Mr Mckean has been operating his fans in contravention of the resource consent that was issued to them for years.

Now irrespective of which property this is, the question has to be asked. Why has it taken so long?

Also, the Council have been reported as saying that it believe that the number of excessively noisy fans that are operating in the area is in the minority.

I beg to differ.

They have no evidence of this. Quite the contrary, they have done no testing to make this assumption. The only survey I am aware of which was done last month showed that almost ALL Orchard Rite and Amarillo fans were running at excessive speeds.

I'll make a bet here. I bet that the property that has just been issued the 2nd abatement notice is running Orchard Rite or Amarillo frost fans. If these fans are not the problem, I will shut down this blog site.

The Marlborough District Council: Where the bleeding obvious goes to be ignored

Meet Hans Versteegh. Regulatory manager for the Marlborough District Council.

He is indeed in the hot seat. Frost fans must keep the plate pretty full I suppose.

Well I suppose if you had a rule in your district plan that you couldn't enforce, that would be troublesome wouldn't it?

Actually it would only be troublesome if it caused a nuisance or something. Kind of like if the rule was aimed at keeping a really loud noise quiet.

So if people thought the really loud noise was unreasonable, they could complain and get it sorted right?

Oh, hold on, you can't test the noise. Darn it.

Wait, what if someone demonstrated a way to tell if the noise was to loud?

Ahh.. I see the master at work... Agree with him that the method does show non compliance, but then wring your hands because it might be a bit scary to ask if the operators or the installers would they please set them to a correct level.

Thanks again to the Blenheim Sun Community newspaper for this follow up article to the previous piece on checking compliance.

I see that Hans mentions that prosecuting offenders means dealing with the court and criminal jurisdiction system. I presume that those who run their fans at a non compliant level are actually criminal offenders.

Sorry Hans, would that be the Criminal Court or the Environment Court?

I like your explanation better. If the fans are being too noisy, call the police. Hans said it's the right thing to do. It's a criminal act after all.

Can you get a finding beyond reasonable doubt on an unreasonable noise? (you're not ACTUALLY the legal expert are you?)

P.S. Hans: I see you're the Marlborough contact for the protection and recovery of the pygmy button daisy. Those daisy's really need our help. Really.

Inspector Frost. Nice. Very Nice.

Good on you Malcolm for providing a method for checking if fans are breaching the District plan. The attached scans are from the Blenheim Sun Newspaper, who ran a story on his efforts which he also posted here recently.

Of course there was also a reply from the Council which will follow in a separate post...

The Pursuit of Technology II: Frost Fan alternatives

Hard on the heels of the previous post about exploring alternatives for frost protection, is an advert pointed out to me by an alert reader for providing frost protection using electrical heating elements. It's targeteing areas specifically with fan / noise problems as a viable alternative.

Nice idea.

I would presume an initial infrastructure cost and then simply rent a generator for the frost season. It would be interesting to see the cost per acre for installation / running.

Well done to Daniel Le Brun at No 1 Family Estate (web site here and selection of undoubtedly fine wines (responsibly produced)).

Kudos also to Cresswell Electrical for installation services.

Frost Fan Myth: The problem is caused by lifestylers moving to the country

This is a common piece of misdirection put about by those who would have you believe that the noise from frost fans is a normal agricultural activity and that it's only since the the countryside has been overrun with people seeking a country lifestyle that the problem of noise has surfaced.

The way to identify that this is a false statement is to quietly examine the facts.

First of all the section 32 report that was released with the recent proposed rule change shows the increase of frost fan numbers in Marlborough. This shows that before 2000 there were practically no frost fans. The number climbed slowly to 100 in 2005. Then it picked up a bit of pace. By 2007 there were 300. By 2009 there were 1000.

So lets not fool ourselves here. The problems have blossomed because frost fan numbers have blossomed.

The second way to identify this as a myth, is that the myth automatically puts the blame for the problem onto anything other than frost fan use.

It couldn't possibly be something as simple as lots of unregulated frost fans being installed? It certainly wouldn't be something as simple as frost prone land that would normal be discounted for viticulture being used for growing grapes (irrespective of who's living next door)?

Here's the test for finding out who's to blame for when a frost fan is keeping you awake.

Did you build your house next to a frost fan? If the frost fan arrived after you built your house, then the problem is hardly of your making. (bonus marks if there wasn't even a vineyard nearby when your house was built)

Are the frost fan's near to you running at the right speed? This is a tricky one since the Council's track record at monitoring and compliance has been (how shall we put it), below expectations.

Is the operator a reasonable fellow or does he live in Sumner / Remuera? If they don't live on the property, the chances are that they probably don't much care about you or whether you're being kept awake.

Sorry, its a rambling blog post, but after seeing Stuart Smith spout his typical ' go back to town' speech, I had to get it off my chest.

Frost Fan Issue National News

TV1 viewers would have seen an article on the frost fan issue on tonights news broadcast

The text version of the story is here or you can watch the video segment here.

Stuart Smith couldn't help himself and touted the same tired scaremongering.

Likewise wine grower Chris Simmonds claimed that it was just 1% of the frost fans that were causing the problems. Err... Chris, have you checked out the results of the test of frost fan compliance lately? That would be more like 90% of them do not meet the requirements.

Sorry Chris, frost fan users in Marlborough have been running their machines at too high a level for years and as a result they have defecated in their own nest. THAT's why the Council is being forced to impose new regulations. It's the irresponsible users who thought they would set them to any level they wanted because the Council never checks them. It's not a few... It's almost all....

The chickens are coming home to roost.

Submissions Close Tomorrow

Have your say.

Support or oppose. If you don't put in a submission, the Council doesn't know what direction they will go in.

Your voice matters.

Handy Hints for Completing a Submission on the Frost Fan Plan Change

No doubt you are working through your submissions for the plan change (if not. you need to get moving).

Here are some handy hints from the form for making sure that your submission is formatted in a manner that makes reading and understanding your suggestions clear.

These words of advice are from the front of the submission form itself and should therefore be a pretty good guide

When preparing your submission you need to include the following:

“This part of my submission relates to …” - state the name of the plan change and the part(s) of the plan change that is/are the subject of your submission.

“I support (or oppose) this part of the plan change.” – state whether you support or oppose (in full or part).

“My reasons for supporting (or opposing) this part of the plan change …” - tell us what your concerns are and the reasons why you support or oppose the provisions in the plan change.

“The decision I seek from the Council is …” - How do you want the Council to respond to your submission? It is very important that you clearly state the decision you wish the Council to make as the Council cannot make changes which have not been specifically requested. Start by indicating if you want the provision to be retained, deleted or amended. If you want an amendment (including additional provisions) then specify what wording changes you would like to see.

REMEMBER - the clearer you can be, the easier it will be for the Council to understand your concerns and take them into account.

For example;

Plan Change 58:

Wairau/Awatere Resource Management Plan

Volume Two

This part of my submission relates to;

Definitions

1. Add a new definition as follows:

Frost fan means a land based device, designed or adapted to control frost by fanning warmer air over potentially frost-affected surfaces, and includes the support structure.

I support this part of the plan change.

Or perhaps...

Plan Change 58:

Wairau/Awatere Resource Management Plan

Volume Two

This part of my submission relates to;

Definitions

1. Add a new definition as follows:

Frost fan means a land based device, designed or adapted to control frost by fanning warmer air over potentially frost-affected surfaces, and includes the support structure.

I oppose this part of the plan change.

My reason for opposing this part of the plan change is that frost fans could evolve in form, shape or nature in many different ways and that this description need to be broader.

The decision I seek from the Council is to amend this provision to read the following;

Add a new definition as follows:

Frost fan means a device, designed or adapted to move an inversion layer of air to control frost at ground level.

Frost last night

I hope everyone enjoyed the frost last night. Not a big one, but enough to set the district alight (almost literally and figuratively).

If I read MetVUW correctly we could be heading for more noise on Wednesday and Saturday Morning. Fingers crossed!

Bladeless Fans and the Pursuit of Technology

Bladeless fans I hear you say. That doesn't sound right.
Well, the concept is unusual, and if it hadn't come from Sir James Dyson himself, I would be more concerned.

But if you have a look at the product home page here, or the related video where Sir James explains the principles here or (my favorite) a wonderful explanation of how it works here you will see a concept that is strange, but obviously effective.

Now I'm not going to expect that the concept will scale to something suitable for frost protection. However, it is a very real and somewhat related example of engineering applying solutions to problems that are out of the square.

This same development needs to continue for frost fans.

In short, the concept of using an inversion layer to provide warmth to a crop is a good one. Frost fans are an effective means of achieving this end. However, they have side effects.

The Defender has taken a step to reduce those side effects by employing a more aerodynamic blade and making it rotate more slowly and then compensating for the reduced flow by making the blade larger with a higher pitch.

The C49 from Frost Boss has taken a step further by using their already quiet 4 bladed technology and implementing an aerodynamic blade in conjunction with cleverly examining the airflow from the perspective of the actual job that the fan is doing (this is a relatively low speed fan compared to aircraft propellers) and designed their blades to suit. This is what puts them one step ahead of the Defender.

The end result for both these manufacturers is quieter fans that do the same (or perhaps better) job than before. This same evolution needs to continue but with an even bolder change in direction to allow for greater reduction in noise. A bladeless Dyson fan will probably not be the answer, but the answer WILL be something different from a conventional fan. Keep your thinking caps on.

Frost fans and the tragedy of the commons

If there's one overriding impression I've got from reading the paper (especially the letters to the editor), its that the effect of sleep deprivation on the people of Marlborough due to frost fan operation is a issue.

These people are annoyed. They're annoyed at absentee vineyard owners, they're annoyed at arrogant growers, they're annoyed at irresponsible frost fan operators, they're annoyed at an apathetic Council.

Make no mistake. The only reason a rule change is currently being mooted it that the Council are only now realizing that the problem has gone too far. people are going to get hurt and someone will have blood on their hands. It's the typical situation commonly described as the 'Tragedy of the commons".

This is a situation where a limited resource (in this case a level of noise low enough to allow sleep) is abused and ultimately destroyed by individuals acting selfishly in an unmanaged environment.

The Council set a rule that they failed to enforce. Selfish owners / operators / growers took advantage of the situation to try and maximize their own individual needs (by having their frost fans turned up too high and putting them too close to other residents). The end result is an environment so poisoned that they have made it unfit for use and ultimately hurt themselves by ending up looking like arrogant polluters. Obviously in an industry with a focus on a clean, responsible, product, this image is undesirable. Sadly they have maintained the attitude that the problem is not theirs, its the people who can't sleep's problem. A failure to engage in a proactive management of the issue from a collective perspective means that the district that so many people have enjoyed for so many years (yes, since before frost fans arrived in 2000) is now having to try and rescue itself from ruthless industrial greed.

Not farming.

Industry.

Have your say. Put in a submission on the proposed change to the frost fan rules.

You are being abused

A quick look at the testing data that was provided in the compliance checks that Malcolm posted shows that two of these NON COMPLIANT fans are right on the boundary of Blenheim!
In fact, to say they're on the boundary is being kind. One is practically in your back yard!

This is one reason why it's noisy in Marlborough

OK, It's fair to say that there has been some pressure applied to release this information (thanks Jack), but it goes to the heart of explaining one of the reasons why there is a noise problem from frost fans in Marlborough.

In short, Orchard Rite and Amarillo frost fans are being installed and run at speeds that result in noise that exceeds the limits laid down in the District Plan.

This information was a long time in the making and further testing would help represent the scale of the problem, however, in the short amount of testing done to date there is no doubt that two of the three frost fan brands are being installed in contravention of the District Plan.

The document that is here describes the results of the tests and provides the figures to back up the statement.

The data has been offered to the Marlborough District Council for independent checking. However, I encourage anyone to do the testing themselves to confirm the problem. The instructions for doing so are here.

Regards Malcolm

Practical observations on evaluating frost fan noise

Thanks for having me back on the blog again Jack.

This has obviously been a busy time for frost fan users and people concerned with their noise. I had previously posted a description of a method for evaluating the noise from a frost fan by measuring its rotation and a reason that this is necessary. This is a follow up to that description to describe the practical aspects of the measurement system.

The recent frost events (6^th,7^th,11^th of October 2009) provided an opportunity to evaluate the method for testing frost fans for compliance with Council regulations.

The evaluation was very useful in that it highlighted some improvements, limitations and successes of the method. It also threw up an unexpected piece of data that will be relatively important in evaluating the current noise environment and potential improvements.

The testing has confirmed that the measurement of fan rotation at night is possible and practical. It can easily be carried out at a distance of over 200m, depending on the type of fan (the dark green of the typical Amarillo means that the practical recording distance of these machines is reduced).

Recording using infrared is possible at 100m, but unless there is a specialist requirement for it, visible light gives an easier result to work with.

Noting the direction that the fan is facing is important, and often it is easier to note that verbally when recording as a note for later analysis.

The use of GPS to track location is very useful when recording in some remoter areas when familiar geographic references are absent.

It was found that in spite of the success of recording fans at night, it was remarkably easy to record a large number of fans just before and after sunrise as the ‘nightshot’ capabilities of some cameras provide suitable illumination for recording.

As the results of the evaluation have the potential to cause a certain amount of interest from more that one side of the frost fan noise debate, they will be posted separately at the time that the Council is informed of the issue via the complaint process.

Regards Malcolm

Brace Brace Brace

Several little birds have independently told me that this could be an interesting week.

There are rumours of Council meetings, head scratchings and finger pointing's.

Typically I'm as in the dark as ever, but everyone keep their ears open.

Ahh... helicopters at night are a vineyard's delight

Sadly, they're not quite as exciting if you're trying to sleep.

Hovering helicopters fall in the 'too hard' basket in terms of regulation for noise.

The CAA are only concerned with aircraft safety and the RMA specifically precludes aircraft in flight.

There's options there for exploring, but as yet there's no organisation with enough moxie to try and prevent them doing whatever they want to do. And frankly they're a better option than frost fans in many ways. They don't get used unless they're REALLY needed. As opposed to frost fans which will be switched on just because they can be in some cases.

Anyway, there's plenty flying about this evening, so I suppose it's time for another frost, By my count this will be the 5th night this season that I've heard them running, and I believe that others have had it much worse (a quick check of the letters to the editor will confirm that).

While I'm here I note that MetVUW has painted a not so pretty picture for the next few days. Could this be four nights in a row coming up?

Update: This prediction was correct (the fans ran). Although it seemed a bit warm to me!

This prediction was incorrect: No frost on Monday morning. That's nice

Update: this prediction was correct. Frost on Sunday Morning.

The frost sure does get people fired up!

There have obviously been a LOT of press articles recently on account of the frost and associated noise.

Here is a selection;

Night frost fans anger

Frosty reception for noisy frost fans

Vineyard to supply fan-free lodgings

Needless to say there have also been a string of letters to the editor. It would appear that sleepless nights give people a perfect opportunity to write what's on their mind.

Let's not forget to spend a bit of time on that frost fan rule change submission though!

And it's not even really cold!

Last night's frost has once again raised the ire of people trying to sleep across Marlborough. At least that is the story run in the Marlborough Express.

Small wonder. Tonight's frost and noise is currently in full swing and no doubt the tolerance of residents will be eroded even more (2nd night in a row and all).

Do try to remember, that no matter the provocation of unreasonable frost fan owners, there is no situation that would justify anything other than purely legitimate actions. As much as phoning the Mayor in the wee hours of the morning seems like a good idea at the time, unless he states that he's really interested in the plight of residents affected by the excessive noise, I think phoning him in the dead of night is harassment. Your time could be better spent drafting a submission to the plan change on frost fan activities (see here and here).

It's a small World

Napa Valley.

Nice place. Lots of wine. Up market.

Noisy.

At least for the neighbours of one particularly ornery vineyard operator who is apparently using an elderly and noisy frost fan. You can read plenty in the Napa Valley Register here and here.

His neighbours are crying foul, and many of them own frost fans (read the comments after the stories).

Two things from this article are interesting to note.

Firstly the bloody mindedness of this particular operator who simply doesn't appear to care about his neighbors (and why should he. He lives in San Francisco) .

Secondly the reported impact of his activities on the wine growing community. As a result of his intransigence, legislation will probably have to be passed to limit the noise of the fan to the detriment of many other fan owners.

It's kind of like the gun control debate. The old adage of "Guns don't kill people. People kill People" seems to hold water. In the case of frost fans. The fans aren't the problem. Its the people who use them irresponsibly.

Frost tonight?

Sure there's a lot of helicopter activity, but the forecast seems a little iffy. A quick look at metvuw makes it look a little like there may be some associated wind.

Oh well. Time will tell.

MORNING UPDATE:

With the distinct lack of frost, I'm going to call it metvuw 1: Helicopters 0.

Which is very interesting, because a similar pattern is predicted for tonight...

Who should be putting in a submission on the Council Plan for Frost Fans?

It's hard to know isn't it?

1. Should I put forward my opinion?
2. Will anyone care?
3. Will I make a difference?
4. Does my opinion matter?

So many people will pussy foot about wondering about the answers to those questions that I thought I would make it easier for you.

Answers:

1. Yes
2. Yes
3. Yes
4. Yes

Even if you've never noticed the problem before, with the increase of frost fan numbers, you will notice it in the future if you do nothing now. And don't expect to get much sympathy from money hungry lawyers, consultants, Councillors and fat cat foreign winery investors. "You had your chance to do something back in 2009" they'll say. "Why didn't you do something then?". And they'll be laughing at your plight while ravaging the environment.

How bad is it?

The following picture is from the Council and shows what they believe to be frost fan locations (but not all) in Marlborough. Click on it for a larger image (approx 250kB).

Overlaid on this (in red) is a representation of the areas that will be affected by their noise (that part wasn't in the original Council picture).

If you're in this red area, you need to put in a submission.

If you're close to this red area, you need to put in a submission.

If you like sleeping, you need to put in a submission.

Check the previous post for details on the submission, and I will post more in the future.

Annoy your neighbors and move on

Is it some sort of sport?

1. Set up a vineyard complete with frost fans just outside your neighbors houses.
2. Don't actually live on the property (who would want to with all that noise).
3. When you get one bad year, sell up and move on.

If readers want to peruse the list of vineyards for sale in Marlborough, I can recommend a quick trip to the Bayleys web site will give them a pretty accurate impression of the state of the wine industry in Marlborough.

If I was a betting man, and from looking at the properties for sale, I would presume to think that investors who thought "I'll but in 20 acres of grapes and rake in the profits" have been sadly let down.

The big players who used to buy of the little boys have now got their own vineyards producing, so why would they be buying grapes off the small fry who want a larger slice of the almighty grape dollar. So they simply give their contracts the flick and leave them twisting in the wind and forced to sell at a low rate on the spot market or to let the crop fall to the ground.

So take a good look at the Bayleys site and even check out the two properties here and here(pretty pictures attached).

Both these properties do not have the owners living on them and both have installed multiple frost fans ridiculously close to their neighbors.

Funnily enough both these sets of neighbors are mightily annoyed and are actively engaged in discussions with the Marlborough District Council whose Current rules allowed the installations.

Products of greed, arrogance and the poor planning that resulted in a crop being planted in a frost prone location without appropriate protection.

I almost feel sorry for them.

Almost.

It's time to have your say

The proposed changes to the Wairau Awatere District plan are now able to be commented on.

This is your opportunity to tell the Marlborough District Council what's right and what's wrong about the proposed changes and to make suggestions yourself if you don't think everything's been included.

This is king of a big deal since if you have an opinion on the noise generated by frost fans then now is the time for you to speak up.

You can get hold of a primer on the changes from here (beware 552kB). Just be aware that this is not the sum total of information on frost fans and the noise they generate. Your opinion and thoughts are important.

The submission form for putting forward your case can be found here. This is one of those silly electronic forms that people who think they are clever make up. If you want, just print it out, write on it and attach your comments to separate sheets.

You may rest assured that the NZ Winegrowers Chairman Stuart Smith has already had talks with the Council and indicated that they will be opposing the changes. So it's not enough to simply think that the proposed changes are good and then leave the Council to it. The need to hear from you that you support the changes (if you do) or that you may think that the changes don't go far enough.

Remember that the District plan need to be a robust document to allow the implementation of both the Resource Management Act and the Health Act for the community so that they are protected. The plan cannot be in contradiction with the Acts. If you think that being kept awake at night constitutes a nuisance, then the Council should make sure that this is reflected in the District Plan (nuisance is a specific term in the Health Act). Likewise if you believe that the volume of noise is unreasonable then the Council should make sure that this is reflected in the District Plan (The Resource Management Act states there is a duty on land owners to avoid unreasonable noise).

The final date for submission (must be received by the council) is the 23rd of October.

There is plenty of information on the form to assist in knowing the sort of thing to write, but feel free to place a comment on the blog if I can help.

There is nothing new under the sun.

Further to the previous post on the unusual funding of projects by Council, the attached letter to the editor also appeared earlier in the month in the Marlborough Express;

The good news is that the local knowledge gained by residents of Marlborough over many years of living on the land has some fantastic suggestions for the type of wood that would be suitable for vineyard posts.

The bad news is that the vineyards cut down the trees and burned them to make room for more grapes.

The good news is that the rate payers pockets are deep enough to fund an initiative to discover something we already know for an industry who's involvement is most notable for the fact that they have destroyed the evidence.

Don't fence me in

Further to the previous post (yes, that is a deliberate pun) on the request to the Marlborough District Council for funding to support research into the growth of eucalyptus for fence posts, the attached letter appeared(click on it to enlarge) in the Marlborough Express on the 10th of September and it raised some pertinent questions.

Questions along the lines of;

If the wine industry isn't supporting the effort why should the ratepayers of Marlborough?

If this is the development of a commercial product (it's project spokesman / developer is the owner of at least two timber companies), is the Council right to fund it?

Have the Councillors involved in the grape industry recused themselves from the debate?

All good questions. The MDC declined to comment. Luckily a rate payer thought it was a good idea to comment.

The MDC shows intestinal fortitude

In the Marlborough express today is a report of the good folks from Mount Riley Vineyards having a bit of a squeal about being found in breach of the noise rules for frost fans.

It would appear that not only is it ridiculously difficult to get any testing done on a frost fan, but when it is carried out and doesn't go the way the winery wants, they want to carry on with business as usual anyway.

Per the suggestion from an earlier commentator, here's some info from Mount Riley Vineyards website.

They own seven vineyards. The offending vineyard in this case appears to be the Waihopai Vineyard. There is a picture of it on their website, but the frost fans do not feature. Pity, since any publicity is good publicity right?

The winery is owned by John and Lyn Buchanan and their daughter Amy. Amy's husband (Matt Murphy is the wine-maker). Possibly one of the reasons that they are keen to explore legal proceedings is that Amy is also a solicitor. Very handy when faced with unreasonable neighbors that seem to go on and on about trifling things like being kept awake at night.

It can be assumed that the quote from their website "At Mt Riley we believe in winemaking by minimal intervention" should be taken in context that minimal intervention can take the form of multiple twirling blades of metal operating throughout the night and keeping our neighbours awake.

If you want to find out more about their wines you should go to this page.

And don't miss an opportunity to read their vintage reports here. True to form for winegrowers, it would appear that every year is special.

Thank you Mount Riley for your compassion in dealing with this matter in a responsible manner. In fact could this be the industry/individual discussions alluded to in the Council meeting on the 24th of August? Or could it be the actions of persons that were described by Councillor Maher at the same meeting?

Irrespective, there is kudos to be handed out to the Marlborough District Council for recognising the situation for what it is. Simply a case of a landowner breaching the rules. Are they special?

The real pity of the entire episode is that even if Mount Riley did the right thing and set their fans to a responsible noise level they would still breach the noise level set by the World Health Organisation for healthy living.

Who's right? Defender Advertising or Defender Testing data?

Further to the information in the Defender testing document, I note that there is an inconsistency in the technical data supplied.

In the University of Canterbury document the nominal engine speed is given as approximately 2000rpm and the fan speed as approximately 360rpm.

In the Defender/FMR advertising the gear drives that are reported for the upper and lower gears are UD105 and W85 respectively.

So here's the deal. The ratios specified for the gears on the Amarillo web page are 1.64:1 for the UD105 and 2.25:1 for the W85.

And so in theory 2000/(1.64x2.25) should equal 360 if both the UoC and FMR Advertising were talking about the same product.

But it doesn't.

FMR are either still peddling the same specifications for the Amarillo in the Defender advertising or the University of Canterbury are having problems with an equation that a 9 year old could get right. I'm picking that the FMR advertising bureau have covered themselves in glory once again.

This wouldn't be too bad, but as part of checking compliance of these machines, one of the methods is to measure the speed of the engine with a tachometer and to calculate the fan speed from the supplied gear ratios. It's not going to be a pretty sight if the calculation for a Defender fan shows it to be turning at 542rpm. Not pretty at all.

But wait!!

It get's more interesting.

On the same web page that provides the gear ratios, is a small note near the bottom that talks about the electric powered wind machines. A UD105E, of which there is a variant that is exported for use on 50 Hz systems, has a ratio of 2.47:1.

And guess what?

2000/(2.47x2.25) equals 360. Which would be correct according to the UoC figures. So I'm going to presume that in spite of what the Defender advertising says, the University of Canterbury figures are correct and that the model of upper gear used in the Defender is the export model UD105E.

Now this might all seem like nit picking at the expense of a company that is more interested in a glossy brochure than the accuracy of the figures in it, but there is a slightly more worrying side.

The Amarillo gear company are justifiably proud of their sturdy gears. So much so that they specify their mechanical rating for both the UD105 and the W85. And both of these units are used in the Amarillo frost fan which is rated at 125HP at the fan.

But the electric powered fans are a different kettle of fish. They are rated at either 100, 75 or 50hp at the fan. And as a result the mechanical rating of the gears can afford to be less.

So what would happen to a gear that is rated for a light load on a frost fan designed to run electrically when it is used in a diesel powered fan which runs at a heavier load? What is the subsequent load when the thrust of the fan is increased when a larger fan is put on the tower?

I'm sure all these trifling mechanical matters have been carefully considered by the manufacturer and that they have sought the advice of the parts suppliers in making sure that the device is safe for use. I mean, that would be the responsible thing wouldn't it?

Fans operate for second night in a row

The fans were operating again lats night / this morning. More interestingly, there was a fair breeze blowing from about 1am, so these would have been operating in conditions that were outside those considered safe by manufacturers and the Department of Labour. Of course, most fans are too primitive to know if the wind was blowing and one day in a good sou-wester, there will be widespread carnage as fans disintegrate.

First fan operation of Spring.

Early morning of the 20th of September was the first confirmed operation of frost fans in Marlborough for the spring season.

Good times are here again.

Good news. Some testing data on the Defender fan has arrived

Well we finally have some information from the boffins at University of Canterbury. Specifically a K. Shaw and Dr John Pearse.

The testing report can be downloaded from here.

The first thing I would like to say is that is appears to be a quieter machine than the Amarillo. This would not be difficult of course, but credit where it is due, any improvement is not to be sneezed at.

The second thing of note is that it appears that FMR has been publishing incorrect data on the machine in its advertising. In the latest brochure (here (~500kB)) they state that "At full operating rpm the new Defender fan is producing less than 50dba(L10) at 300mt". I could be nit picky and poke the borax at the advertising wienie's understanding of basic physical measurements (that should be 50dBA (L10) and 300m (there is no 't' in the metres abbreviation, clowns)). However, an astute reader will note that I would seldom stoop to such a thing. Instead I will quietly point out that no test shows that the Defender ever produced less than 50dBA (L10) at 300m. In fact the testing states that the only test carried out at 300m produced 52.0dBA (L10). Almost twice as much as claimed. (on the basis that a 3dB increase is a doubling of noise energy).

There are several other tests at various distances, (100m and 200m) but only one at 300m.

The last point and the most interesting is that the claim of "less than 50dba(L10) at 300mt" was most likely derived from a predicted value for noise from the fan. Not measured.

More interesting still was the method of prediction. You see the 300m test wasn't done in frosty, inversion layer conditions. Instead they were done in 11 degrees centigrade and a cross-wind. There is a prediction method that allows for compensating for differing climatic conditions when measuring noise. This is the CONCAWE method (1MB) (there are infact several different methods).

Sadly this method does not allow for the presence of an inversion layer with it's associated noise refraction properties and worst of all it is not designed for the noise from frost fans. Instead it is designed to be applied to petrochemical installations. Now I would be happy to say that the prediction methods for frost fan noise using the CONCAWE method were valid, but that has never been demonstrated, and quite frankly when the testing presumes to predict that noise from a frost fan will be quieter when an inversion is in place on a calm frosty night, I have my doubts.

By the way, what frequency ranges were being considered in the noise report? I couldn't see any stated, yet it appears to be a big deal when doing the CONCAWE calculations. I suppose the frequencies most likely to be associated with a frost fan?

I'm sorry Dr Pearse, some testing to validate the CONCAWE model against the noise characteristics of a frost fan in frost conditions would be required. Otherwise any predicted values are assumptions, not conclusions.

We come in peace. Give me your water.

When they couldn't get it legitimately, they just took it.

This article in stuff.co.nz is the sort of activity that simply puts a bad face on the wine industry in general and some of the rat bag, out of town financiers that are infesting Marlborough and other parts of New Zealand (Hello Waiata vineyard in Hurunui).

A classic case of absentee owners (hello Auckland) trying to invest into the 'glamour industry' that wine is being marketed as. High rolling, great investment, know all the right people, you know the score.

Well let's throw a little bit of poor planning and bad management into the mix.

Que the failure to secure sufficient water for the vineyard.

"Never mind the water, lets plant the vines!"

"Oh, hang on, you mean they need water??!?"

"Don't worry about getting permission, just take the water. It's easier to pay the fine than to let our poor planning cause loss of revenue."

Nice. Really nice.

So. The wine industry. Turning wannabe viticulturist investors into law breakers who committed an environmental incident labelled as "reckless, irresponsible and deliberate".

I know this story is not about frost fans, but the mind set is just the same. Loot and pillage.

What they said in the Council Meeting on the 24th of August

Although it has already been reported that there was universal support for the proposed changes to the frost fan rules in the recent Council meeting, please find a selection of quotations from that meeting here;

Councillor Bowers;
“I’m pleased that they’re called frost fans now, not wind machines, because in actual fact they’re being used for a lot of variety of things when there’s no frost.”

Pere Hawes;
“The existing wind machines (or frost fans as we’re now calling them) are covered by existing use rights, that is, if they comply with the existing permitted activity standard, they can continue to operate in accordance with that permitted activity standard.”

Councillor Bunting;
“Councillors, you will be aware that this is an attempt to put council on the front foot with this one, because it’s made it very difficult for Council staff members to achieve compliance, and this way any new frost fans will have to prove that they comply, rather than as it currently stands whereby members of public need to prove they don’t comply, which is a difficult, difficult thing for people to do."

Councillor Taylor;
"That’s a concern that I’ve got one on the graph here that shows nearly a thousand already in place, and that is a concern regarding the existing ones which are of course the problem”

Councillor Jerram;
“As you will note, I am a rural person and I am traditionally in favour of… ahhh I’m sympathetic to rural causes, but I support this motion on the grounds that this is not traditional rural noise, it is new rural noise. It’s something that we haven’t seen before. It’s not headers at night or weaned calves, or whatever noises that have always been accepted in this country, it’s something quite new, and it’s significantly worse than anything we’ve seen before.”
"Where these are used, it’s a need to grow grapes in areas which are either marginally environmentally correct, or right outside their natural environment. So I think it’s not reasonable to then, say to anyone who lives in the area, “oh and you’ve go to put up with this noise as well, we’ve moved into your area to grow a crop for which we have to significantly alter the environment”. So I’m supporting it on those grounds. Really Madam chair I think we should have done this a long time ago, and also for gas guns”.

Councillor Bunting;
“The industry has taken on board concerns and are starting to make moves to discuss it with the affected parties, discuss their individual issues, because quite a lot of them are quite subjective issues due to the climatic conditions that the situation of the buildings nearby to hills or with echo effect on hills and also cumulative effect of a number of machines. So industry did indicate at our last meeting that they were interested in discussing with individuals and I believe that some of those discussions have started.”

Councillor Bunting;
“Can you say why we’ve referred to the 100m?”
Pere Hawes;
"The 100 metres has been removed really on the basis that it didn’t relate to any noise management provisions at all. In fact the genesis of that standard was very unclear.”

Councillor Maher;
“It’s great that we have actually got to this stage where we are able to deal with some of the rogues that there have been, as most of these machines have not affected people. Mostly good will has been used, and common sense has been used. Unfortunately it hasn’t in some cases and some of those people that have been aware of the usual rural rules have tried to hide behind the right to farm and the fact that this is a farming environment. What they’ve got to learn (and some of these people are not locals) is that there are standards that have been, over a long time, have been built up, and they’ve been built up on reasonableness and consideration for others and whatever industry you’re in, if you move away from those, Council will be required to legislate as in this particular case. And I as a rural person find it a real pity that this good will is actually being milked and probably abused by people without blatant consideration for others and I think that’s a great pity that Councillors have to go through this process and those few people have caused this and they’ve cause considerable hardship to a number of individuals too and it’s a great pity that we aren’t able to do something retrospectively but I think with the new regulations and once we do get our forensic stuff done, that we can actually quantify and qualify these things more accurately than we’ve been able to do in the past. So overall I think this is unfortunate but it will have a positive effect on people living in the rural environment.”
“I’ve been rural environment for a long time myself, but these things ,when they start springing up near me, I actually start to question, and actually, aren’t tolerances actually stretched when it comes to these machines being installed incorrectly and abusing the good will that there has been.”
Councillor Bunting;
“Thank you, the deputy chair, I certainly would echo your sentiments and that has been motivation for driving this item along. As you know it has been driven fairly rapidly, and I think the Industry does have a belief now that they do need to discuss with the affected people, the most affected people, what their concerns are and perhaps even experience it themselves for a little while.”

There's a new Boss in town. Frost Boss

Yes indeedy, a couple of the new C49 four bladed Frost Boss fans have apparently touched down in the Waihopai valley.

To my knowledge this would be the first sighting in the wild and how about the timing? A few nights of frost coming up (although it may be a bit early for most vines).

Some will have noticed only a couple of fans running last night.

So will these be noticeably quieter? They certainly look the part. Time will tell if they sound the part.

Is it going to be frosty?

You betcha!

See the latest on the weather here at metvuw.com

It's a mixed up confusing world.

I really don't know what to think about this particular issue, so please accept that I have no opinion and am really only interested in providing information.

My attention was grabbed by the article in stuff.co.nz on the Marlborough District Council indicating funding being given to an organisation called the Dryland Forestry Initiative to investigate the use of eucalypts as posts in vineyards in preference to treated timber (seems like a great opportunity to decrie the vineyards poisoning of the ground (who can forget the arsenic in the ground water at Rarangi?)).

So well done on the part of the DFI. Right?

Even better, a quote in the article has the spokesperson for DFI reporting that he had approached the wine industry several times for funding, but was told that they were "in the business of growing grapes not trees". Golly those rat bag wine industry types. Right?

But a quick look at the DFI web site shows several wine industry types involved;

Colin Ross of Seresin Wines

Andrew (or) Ngaire Lawson (viticulturist)

And an interest from Organic Winegrowers New Zealand.

So it does kind of look like there is an interest and support from the wine industry. So it seems like a strange comment from Paul Millen (the project manager for DFI).

So, cue a bit of quick Googling;

The story does not appear to be entirely accurate. While it reports that "Last year the Marlborough District Council agreed to fund the project for three years with $10,000 per year, conditional on a review being carried out at the end of the first year.", what it fails to mention is that waaay back in 2005 the Marlborough District Council approved funding of $10,000 per year to support a Sustainable Farming Fund (SFF) research proposal into the potential use of eucalyptus timber for vineyard posts.

Does that sound familiar? It should do it was from the same Paul Millen. Now I don't want to appear to detract from Paul's outstanding efforts in investigations into forestry and wood use. It is to be commended. This is of course driven (I assume) from his consultancy firm Millen associates. (Also known for their work in the Kaikora area on consulting in biodiversity areas for the Council down that way).

It would also complement his work with the other companies he is a director of (Vineyard Timbers Limited and Marlborough Timber Limited).

So in total it would appear to be receiving funding from the Marlborough District Council to the tune of $10,000 per year from 2005/06? I'm not entirely sure that is the case however, since it would appear from the meeting of the Community and Financial Planning Committee on 12 June 2008 that MAF actually declined the project support from the Sustainable Farming Fund on the grounds that they were not perceived as "Value for money".

I would have thought that was obvious as they are trying to provide a more sustainable means of providing fence posts. Not a cheaper way.

So, what I think has occurred is that no money has changed hands yet, but that now the Council is considering handing out rate payers dollars to fund research into solving the problem created by the vineyards which they refuse to acknowledge. Now it sounds familiar.

But wait, there has to be a twist. And sure enough there is.

Enter stage left the;

Executive Officer of the Marlborough Research Centre Trust;

Member of the Marlborough Wine Research Centre Board,

Wine Marlborough Executive Officer,

Environmental Policy Committee Member,

Marlborough District Councillor,

Former Mayor

Gerald Hope.

Never a man to let an opportunity pass by, he is also the Financial Officer for Drylands Forrest Initiative (DFI).

I would say if there was a man that could organise funding from either the Marlborough District Council (he sits on both the Council proper and the Environment Committee) or the Wine industry, he would be the man.

I would assume that funding for research into Eucalyptus tree growing is assured Paul. So long as Councillor Hope is recusing himself from a multitude of meeting agenda items.