Despite the overwhelming number of residents that have sent e-mails, showed up to the meeting and spoke at the meeting last night, the three council members vote to allow the changes to the following:
17. Public Hearing to consider approval of an ordinance amending Article VIII, “Oil and
Gas Pipeline Standards,” of Chapter 34, “Environment,” of the Town’s Code of
Ordinances. Council members Levenick, Dixon and Wallace voted for the FOR and Filidoro and Hayden voted against.
18. Public Hearing to consider an amendment to the Land Development Regulations
(LDR 04-09), by amending Section 98-2 (Definitions), Sections 98-952 (Use
Classifications), and 98-273 (Agricultural District Specific Uses), to provide for a
Centralized Natural Gas Production Facility definition, use regulations, and special
use conditions. (The Planning and Zoning Commission recommended approval by a
vote of 6 to 0 at its December 14, 2009, meeting.) Council members Levenick, Dixon and Wallace voted for the FOR and Filidoro and Hayden voted against.
More to follow later the meeting ended at 1:30 am
Our Mission: To work in a legal, ethical, and civil manner to stop urban gas drilling in the highly residential areas of North Texas. We are not against all gas drilling, but rather that which will adversely affect the public safety, the enjoyment of our homes, and our overall quality of life. We support the need for better regulation and accountability of the Oil & Gas Industry in rural and urban areas of Texas.
For those who did not watch the rest of the Flower Mound Town Council meeting, there was
ReplyDeletean important item that came after the controversial items, it was a road maintenance agreement
between Williams and the Town. The Mayor and Councilmember Levenick, recused themselves from
this vote, likely under the advice of council.
This is key. It was brought many times to the Town attorney that they should have recused themselves
from the vote last night but they did not have to because items which are general in nature, i.e. could affect any operator within the Town, could legally be voted
on. The vote last night was only to allow the zoning language so that a SUP (Specific Use Permit) could be applied for, and not doubt will, by Williams.
A Specific Use Permit, by definition is for a specific
plat for one entity. A very important legal distinction
as now for the SUP they would be voting for an item solely for the benefit of Williams. A clear, better defined and unequivocal conflict of interest. So the
new question is, what is the legal opinion now?
The vote would likely be a 2-2 vote, and the measure would not pass. Furthermore, the Mayor and Levenick get a political "punt", and important thing when you
are up for re-election in the coming months.
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ReplyDeleteAn email I got and below that a little of my conversation with the person that sent it:
ReplyDeleteTo Whom It May Concern:
Representative Parker asked that I inform you of an upcoming Town Hall Meeting in Lantana. The details regarding this event are in the attached flyer. If you recently contacted him about drilling, injection permit requests, or health studies, this forum will be a great opportunity to discuss in further details questions and concerns with Tan, Denton County Commissioner Eads, the State Health Services Department, the Texas Commission on Environmental Quality, and the Railroad Commission. Please feel free to contact me if you have any other questions.
Sincerely,
Jessica Lutrell
Representative Tan Parker
Legislative Aide
(512) 463-0688
spoke with Jessica (name below) I asked her to check:
1. conflict of interest with Mayor and town council member having gas leases - therefore the vote last night not legal.
2. Having others at next weeks meeting besides "experts" from the state - need those not connected with state or gas companies.
3 . Has anyone done air,soil or water testing around an existing waste water storage site like the one proposed in Flower Mound? You think this would be logical but apparently no one at the town or state level has looked into this.
4. How much power does a town have to say no to such things. The town made it sound like the didn't have any or much and that they were fearful of a lawsuit if they didn't pass this. Jessica said that the towns had the most power over such drilling matters. Last night members of the council didn't seem to know.
She said Tan just got the ok for soil and water testing in Flower Mound. I asked where - at what sites, how many, how often. Of course, she didn't know. She said she would check.