The Texas Department of State Health Services (DSHS) is conducting another cancer cluster study after the recent UT Study by Rachael Rawlins was release a couple of weeks ago. Rawlins', a UT lecturer and professor, study was published in the Virginia Environmental Law Journal. The study questioned federal and state guidelines related to natural gas drilling and its possible health effects.
Rawlins' study also questioned results of a 2010 cancer cluster investigation conducted by the DSHS back in 2010. Parents of children diagnosed with leukemia were concerned that their child was not included in the original study which would make the numbers greater than what the state had used for their research. Also, as noted in many previous posts, the DSHS stated the elevated breast cancer result could be due to overall population increases in Flower Mound and the likelihood that women in this area are more frequently screened for breast cancer.
The original study results left many of us questioning who the DSHS is really there to protect.
Click here to read the recent article in the Flower Mound Leader.
Showing posts with label Legislative and Lobbying. Show all posts
Showing posts with label Legislative and Lobbying. Show all posts
Monday, April 14, 2014
Tuesday, April 1, 2014
New UT Study Flower Mound Cancer Study
UT has just released a study on the Flower Mound Cancer Cluster. If you remember, the original study was conducted by the state back in early 2010. Of course the state study was incomplete because it did not include quite a bit of data that needed to be taken into consideration. In addition to the lack of complete data, the state basically dismissed some of the alarming conclusions by blaming it on population growth and economic demographics.
Back in 2010, Eric Miller, the DSHS epidemiologist who conducted the analysis stated,
“We found nothing in the data to indicate the community is at higher risk for these types of cancers. However, we understand residents’ concerns and will continue to analyze new cancer data from these two areas.”
"The breast cancer result could be due to overall population increases in Flower Mound and the likelihood that women in this area are more frequently screened for breast cancer."
“Flower Mound’s significant population increase alone could account for a higher average number of cancer cases between 2007 and 2009,”
I received an email from someone in the Texas Department of Health Services stating that before the state study was released, it traveled all the way to the governor's office. Anyone surprised? That should say a lot about what ended up being released to the public and the many concerned families who had children and others diagnosed with cancer in our area.
In 2011, The Denton Record Chronicle published an article stating that breast cancer was on the rise in Flower Mound. Yet the state hasn't revisited this issue since they released their study.
The UT study recommends increased government monitoring of health impact studies and regulations of air pollution. Something many of us have been pleading for since the start of drilling on the Barnett Shale. Hopefully the UT Study will open the dialog again about this very important issue that in the past has been so easily dismissed and swept under the rug.
Back in 2010, Eric Miller, the DSHS epidemiologist who conducted the analysis stated,
“We found nothing in the data to indicate the community is at higher risk for these types of cancers. However, we understand residents’ concerns and will continue to analyze new cancer data from these two areas.”
"The breast cancer result could be due to overall population increases in Flower Mound and the likelihood that women in this area are more frequently screened for breast cancer."
“Flower Mound’s significant population increase alone could account for a higher average number of cancer cases between 2007 and 2009,”
I received an email from someone in the Texas Department of Health Services stating that before the state study was released, it traveled all the way to the governor's office. Anyone surprised? That should say a lot about what ended up being released to the public and the many concerned families who had children and others diagnosed with cancer in our area.
In 2011, The Denton Record Chronicle published an article stating that breast cancer was on the rise in Flower Mound. Yet the state hasn't revisited this issue since they released their study.
The UT study recommends increased government monitoring of health impact studies and regulations of air pollution. Something many of us have been pleading for since the start of drilling on the Barnett Shale. Hopefully the UT Study will open the dialog again about this very important issue that in the past has been so easily dismissed and swept under the rug.
Friday, April 26, 2013
It Is Election Season and We Haven’t Forgotten!
We had planned to stay quiet this election season until
we saw Mike Walker accuse his opponent Joy Bowen of being pro drilling.
Seriously, are you kidding?
No matter how you feel about gas drilling, the Flower Mound Oil and Gas ordinance must be followed. That is why we fought so hard to make it stronger. If a pad site meets the criteria in the ordinance, it will be approved. Of course Mr. Walker and his supporters twisted Joy Bowen's statements in an attempt to take attention away from his own gas drilling history.
We asked Joy Bowen for her stance on drilling. Here is what she told us. Joy Bowen supports our extremely protective and nationally recognized drilling ordinance. Joy Bowen has stated to us that she would never vote to weaken the ordinance and would always be open to making it even stronger as new technology presents itself. Joy Bowen has never signed a gas lease. Joy Bowen has never supported putting wells near homes, schools, parks, and hospitals. In 2010 Joy Bowen, along with 6000 other residents, signed the Flower Mound Cares Petition to stop the Centralized Collection Facility. We can’t say the same about her opponent.
UPDATE: We found this map of the proposed wells on Bridlewood Golf Course.
Click here to read previous posts on this blog about Mrs. Levenick.
Eben Burnham-Snyder, a spokesman for House Natural Resources Committee Ranking Member Rep. Edward Markey said “Sending more of our natural gas resources abroad, instead of keeping more of it here for consumers and manufacturers and providing a diverse energy supply, is not a policy to make us more energy secure…[it] makes us less independent, not more.”
Berman added, “These companies have stupidly, imprudently overproduced their own product to the point they can’t make money at the price they’ve created themselves. So now they’re looking for a solution to that problem, and they’ve managed to convince a number of idiots in Congress that this is a good idea.”
Tad Patzek, chairman of the Department of Petroleum and Geosystems Engineering at the University of Texas said “We are at that stage right now and it’s only going to get worse,” he said. “We will be encroaching more and more on where people live.”
Mark Wise place3@flower-mound.com
Flower Mound don’t take a gamble on protecting the Oil and Gas ordinance and the health, safety and quality of life of all in our wonderful community.
Early Voting - April 29, 2013 through May 4, 2013, 8:00 a.m. to 5:00 p.m. May 6-7, 2013, 7:00 a.m. to 7:00 p.m.
Election Day - May 11, 2013, 7:00 a.m. to 7:00 p.m.
We will only post comments from real people. If we can't verify that a name is real, we have the right to refuse posting the comment. We will not post any inflammatory or crude comments. We have the right to refuse posting any or all comments. We are not responsible for the comments and opinions of others.
No matter how you feel about gas drilling, the Flower Mound Oil and Gas ordinance must be followed. That is why we fought so hard to make it stronger. If a pad site meets the criteria in the ordinance, it will be approved. Of course Mr. Walker and his supporters twisted Joy Bowen's statements in an attempt to take attention away from his own gas drilling history.
We asked Joy Bowen for her stance on drilling. Here is what she told us. Joy Bowen supports our extremely protective and nationally recognized drilling ordinance. Joy Bowen has stated to us that she would never vote to weaken the ordinance and would always be open to making it even stronger as new technology presents itself. Joy Bowen has never signed a gas lease. Joy Bowen has never supported putting wells near homes, schools, parks, and hospitals. In 2010 Joy Bowen, along with 6000 other residents, signed the Flower Mound Cares Petition to stop the Centralized Collection Facility. We can’t say the same about her opponent.
Mike Walker was appointed to the Oil and Gas Board of
Appeals in 2006. During his service, he voted to grant many variances. The most
disturbing vote was in mid-2008 when he was the only member to vote for all
variance requests at the Riverwalk property. This is the property where our new
hospital sits. One of the variances on which he voted YES would have allowed a pad site 695 feet from a day care center and 312 feet from a public park. Click here and go to page 151 to read the variances and how Mr. Walker voted.
In 2008, as a board member on the Bridlewood HOA, he
participated in meetings with Williams Production. The purpose of these meetings was to explore putting gas
wells on Bridlewood Golf Course in the middle of homes and schools. The meetings were
conducted secretly without input or notification of residents and despite Bridlewood's HOA
documents defining Bridlewood as a non-drilling community. Outraged Bridlewood residents voted to recall Mr. Walker in 2008.
Even with 62% of the voting members in favor of recalling him, he refused to
step down based on a technicality. For documentation, click here, here, here, here and here. Mr. Walker continued to serve on the Oil and Gas Board of Appeals. His service on the board was to vote for granting or
denying variance requests, exactly what Williams would need to drill in
Bridlewood. Yet, he met with the gas drilling company anyway? His tenure on his HOA Board and the Oil and Gas Board of
Appeals is marred by his record of poor judgment, lack of transparency and
appearance of conflict of interest. All the above links to documents came from the blog, Bridlewood Quality of Life Coalition.UPDATE: We found this map of the proposed wells on Bridlewood Golf Course.
We can’t forget Jean Levenick’s gas drilling record. Mrs. Levenick
and her husband signed a gas lease
with Williams back in February 2009. In January 2010, she refused to recuse
herself from discussions and voted to amend the ordinance to allow for the
zoning of a Centralized Collection Facility. Why recuse herself? The only company
advocating for a CCF at the time was Williams! The same company she signed a
gas lease with. Here are her comments from the meeting minutes.
“Mayor Pro Tem Levenick stated that the process tonight would lay
the groundwork to process a future application. She stated there had been so many
emails and so much information. She read a portion of an email about leukemia clusters,
and asked people to stop sending out false information.”
In spring of 2010, after 6000 residents signed the Flower
Mound Cares Moratorium and CCF petition, it was presented to the
Town Council. Mrs. Levenick voted NOT to accept the petition. The no vote would
forced the town to hold a special election. The no vote would delay the
moratorium from going into effect and could have allowed a company, most likely
Williams, to put in an application for a CCF. Click here for
meeting minutes. Read pages 17 through 20.
As fate would have it, there was some controversy and Jean Levenick decided not to run for office again. A new council majority was elected and they immediately accepted the petition.
This open letter written by one of our local journalist said it all.
As fate would have it, there was some controversy and Jean Levenick decided not to run for office again. A new council majority was elected and they immediately accepted the petition.
This open letter written by one of our local journalist said it all.
We met Tami Ryan and asked her how she feels about
gas drilling and our protective ordinance. Here are her answers. Tami Ryan also signed the Flower Mound Cares Petition in 2010. Tami Ryan is opposed to weakening the
ordinance and is committed to protecting the health, safety, and quality of
life of our residents.
With the industry pushing for LNG exports, we need to
make sure we have the right people in office to assure our community will
always have the best protections in place. Here are a few paragraphs from a recent article that sum up the LNG export issue.Eben Burnham-Snyder, a spokesman for House Natural Resources Committee Ranking Member Rep. Edward Markey said “Sending more of our natural gas resources abroad, instead of keeping more of it here for consumers and manufacturers and providing a diverse energy supply, is not a policy to make us more energy secure…[it] makes us less independent, not more.”
Berman added, “These companies have stupidly, imprudently overproduced their own product to the point they can’t make money at the price they’ve created themselves. So now they’re looking for a solution to that problem, and they’ve managed to convince a number of idiots in Congress that this is a good idea.”
Tad Patzek, chairman of the Department of Petroleum and Geosystems Engineering at the University of Texas said “We are at that stage right now and it’s only going to get worse,” he said. “We will be encroaching more and more on where people live.”
People of Flower Mound, we cannot afford to vote for
candidates that have failed us in the past when it comes to gas drilling. Do your research before voting.
Here is the candidate slate for 2013.
Place
1
Joy Bowen http://electjoybowen.com/
Mike Walker http://walkerforfm.com/
Place
3 (Uncontested Race)Mark Wise place3@flower-mound.com
Place
5
Tami Ryan http://www.tamiryanfortc.com/#Flower Mound don’t take a gamble on protecting the Oil and Gas ordinance and the health, safety and quality of life of all in our wonderful community.
Early Voting - April 29, 2013 through May 4, 2013, 8:00 a.m. to 5:00 p.m. May 6-7, 2013, 7:00 a.m. to 7:00 p.m.
Election Day - May 11, 2013, 7:00 a.m. to 7:00 p.m.
We will only post comments from real people. If we can't verify that a name is real, we have the right to refuse posting the comment. We will not post any inflammatory or crude comments. We have the right to refuse posting any or all comments. We are not responsible for the comments and opinions of others.
Saturday, March 16, 2013
Great Article About The Shale Boom and Bust
Peter Gorman of The Fort Worth Weekly has written a great article about the Shale Bust. Many of us saw this coming. He brought up some interesting facts and points
We have seen production from local wells drop significantly. They have brought in gas lift compressors to "squeeze the blood out of the turnip".
The wells, especially in “sweet spots” like the Fort Worth section of the Barnett Shale, saw declines in production that no one could have imagined.
But the banks that had lent all that money to the energy companies needed their loans repaid, so energy companies had to keep drilling new wells to maintain production volumes. It looked good on paper and kept stock prices at reasonable levels for a few years, but with a couple of exceptions, nearly all of the gas companies have seen their stocks nosedive in the last year.
Geologist David Hughes had this to say in the article.
“What you have to remember when looking at a shale play is that drillers head for the sweet spots first, the places with the most accessible quantities of gas,” Hughes said. “When the first few wells come in, a leasing boom follows. But the majority of the wells drilled are not going to be in the sweet spots — maybe only 15 percent will be. So when we look at the drop in the Haynesville play, what we’re seeing is that if the sweet spots are drying up, drillers wind up going after less productive areas in the play. But with the cost of each new well in the Haynesville at about $9 million — and that doesn’t include the leasing rights or costs of pipelines and so forth — and the price of gas at $3.30 per thousand cubic feet, who in their right mind is going to keep drilling?”
“You need to drill 1,500 new wells every year, each of which has the same average first-year production of a 2011 well, to simply keep [total] production flat.”
When they start exporting LNG, and they will, the industry will be looking to drill in every nook and cranny to get natural gas. The oil and gas industry will reap the profits.
The drop in price, however, encouraged a lot of industries, including power companies, to retrofit their plants for natural gas rather than coal or oil. And without an abundant supply of gas over the long haul, that may prove very costly for consumers once the surplus of cheap gas is gone. Add to that a new wrinkle that not many people saw coming — the exportation of natural gas to countries willing to pay a premium for it — and the cost of natural gas in the United States could increase tremendously in the next five to 10 years
Americans get ready to be screwed in every way!
To read the Fort Worth Weekly article Click here
We have seen production from local wells drop significantly. They have brought in gas lift compressors to "squeeze the blood out of the turnip".
The wells, especially in “sweet spots” like the Fort Worth section of the Barnett Shale, saw declines in production that no one could have imagined.
But the banks that had lent all that money to the energy companies needed their loans repaid, so energy companies had to keep drilling new wells to maintain production volumes. It looked good on paper and kept stock prices at reasonable levels for a few years, but with a couple of exceptions, nearly all of the gas companies have seen their stocks nosedive in the last year.
Geologist David Hughes had this to say in the article.
“What you have to remember when looking at a shale play is that drillers head for the sweet spots first, the places with the most accessible quantities of gas,” Hughes said. “When the first few wells come in, a leasing boom follows. But the majority of the wells drilled are not going to be in the sweet spots — maybe only 15 percent will be. So when we look at the drop in the Haynesville play, what we’re seeing is that if the sweet spots are drying up, drillers wind up going after less productive areas in the play. But with the cost of each new well in the Haynesville at about $9 million — and that doesn’t include the leasing rights or costs of pipelines and so forth — and the price of gas at $3.30 per thousand cubic feet, who in their right mind is going to keep drilling?”
“You need to drill 1,500 new wells every year, each of which has the same average first-year production of a 2011 well, to simply keep [total] production flat.”
When they start exporting LNG, and they will, the industry will be looking to drill in every nook and cranny to get natural gas. The oil and gas industry will reap the profits.
The drop in price, however, encouraged a lot of industries, including power companies, to retrofit their plants for natural gas rather than coal or oil. And without an abundant supply of gas over the long haul, that may prove very costly for consumers once the surplus of cheap gas is gone. Add to that a new wrinkle that not many people saw coming — the exportation of natural gas to countries willing to pay a premium for it — and the cost of natural gas in the United States could increase tremendously in the next five to 10 years
Americans get ready to be screwed in every way!
To read the Fort Worth Weekly article Click here
Friday, February 22, 2013
HB 1496 Must Be Stopped!
This bill was filed by Representative Van Taylor out the Plano area of Collin County. On the Texas Railroad Commission Site, there is no drilling activity at all in his area! So why would he file a bill like this? A good question to ask him.
HB 1496 is a bill that will weaken the power of municipalities and even counties to regulate and zone any and all oil and gas operations in their jurisdiction. Don't be fooled by the language stating "property rights". We all have property rights (and some have had theirs already taken away for oil and gas) but all property owners and industries wanting to do business within the limits of a town or city must abide by some type of zoning ordinances. Without these zoning ordinances there would be rock quarries, cement plants, pig farms, dumps, adult book stores etc. on every corner. So why should oil and gas get to override these ordinances? And if oil and gas is allowed to be exempt from ordinances, do you think the other industries above won't lobby for the same right?
Folks, this bill will open Pandora's box.
Please write your legislators
Listed below is contact information:
For Flower Mound area:
Representative Tan Parker
Senator Jane Nelson
Filer/Author
Representative Van Taylor
Energy Resource Committee Members:
Rep. Jim Keffer
Rep. Myra Crownover
Rep. Lon Burnam
Rep. Terry Canales
Rep. Tom Craddick
Rep. Tony Dale
Rep. Phil King
Rep. J.M. Lozano
Rep. Chris Paddie
Rep. Ralph Sheffield
Rep. Gene Wu
HB 1496 is a bill that will weaken the power of municipalities and even counties to regulate and zone any and all oil and gas operations in their jurisdiction. Don't be fooled by the language stating "property rights". We all have property rights (and some have had theirs already taken away for oil and gas) but all property owners and industries wanting to do business within the limits of a town or city must abide by some type of zoning ordinances. Without these zoning ordinances there would be rock quarries, cement plants, pig farms, dumps, adult book stores etc. on every corner. So why should oil and gas get to override these ordinances? And if oil and gas is allowed to be exempt from ordinances, do you think the other industries above won't lobby for the same right?
Folks, this bill will open Pandora's box.
Please write your legislators
Listed below is contact information:
For Flower Mound area:
Representative Tan Parker
Senator Jane Nelson
Filer/Author
Representative Van Taylor
Energy Resource Committee Members:
Rep. Jim Keffer
Rep. Myra Crownover
Rep. Lon Burnam
Rep. Terry Canales
Rep. Tom Craddick
Rep. Tony Dale
Rep. Phil King
Rep. J.M. Lozano
Rep. Chris Paddie
Rep. Ralph Sheffield
Rep. Gene Wu
Friday, June 1, 2012
One Step Forward, Three Steps Back...
Is anyone else experiencing Deja Vu? Last night our new council had the audacity to appoint Jean Levenick to Place 5, the seat Tom Hayden left to run for Mayor. We heard it was a unanimous. So basically we have the same majority we had during 2008-2010, (Bryan Webb will now play the role of Mike Wallace).
For us here at FMCAUD, this brings back memories of the "old" days when council members said one thing and did another AND Disrespected their office and the people of Flower Mound. (Don't forget to read the comments.) Apparently, it seems others are shocked and angered by this decision since we have received many phone calls and emails on this topic today.
There really isn't anymore to say that can express our disappointment in this selection when there were so many qualified prospects to choose from. Click here for a link to all information on Jean Levenick that has been posted on this blog.
Why would anyone want to take one step forward and three steps back?
For us here at FMCAUD, this brings back memories of the "old" days when council members said one thing and did another AND Disrespected their office and the people of Flower Mound. (Don't forget to read the comments.) Apparently, it seems others are shocked and angered by this decision since we have received many phone calls and emails on this topic today.
There really isn't anymore to say that can express our disappointment in this selection when there were so many qualified prospects to choose from. Click here for a link to all information on Jean Levenick that has been posted on this blog.
Why would anyone want to take one step forward and three steps back?
Sunday, May 20, 2012
"Special" Flower Mound Town Council Meeting, Tuesday, May 22nd
A "special" Town Council meeting will be held Tuesday, May 22nd from 6:00pm to 8:00pm. The meeting will take place at Fire Station # 1 located at 3838 Forums Drive, FM, TX.
The meeting is not on the town calendar but is on the agenda and minutes page in the government section of the town website. Click here to see agenda.
This meeting will be conducted by the new town council. Please pay attention to the items to be discussed.
Item #5 is a discussion about the newly adopted charter amendments and item #14 is about the newly adopted Oil and Gas Ordinance along with pending litigation.
The meeting is not on the town calendar but is on the agenda and minutes page in the government section of the town website. Click here to see agenda.
This meeting will be conducted by the new town council. Please pay attention to the items to be discussed.
Item #5 is a discussion about the newly adopted charter amendments and item #14 is about the newly adopted Oil and Gas Ordinance along with pending litigation.
Friday, April 27, 2012
We’ve Come A Long Way, Baby!
I guess we should be
glad. Just two short years ago a battle
still raged in Flower Mound over whether urban drilling should be embraced or
spurned.
The Truth: Flower Mound does not have a Centralized Collection Facility.
During NFL’s tenure on Council, the 26 gas wells that have been approved were on existing pad sites and were already in progress and applied for with the Texas Railroad Commission and the town before NFL took office in May 2010. Every well fell under the 2007 weakened ordinance. NO NEW WELLS HAVE BEEN APPROVED UNDER THE NEW ORDINANCE!
The 2010 election put an
end to that. By ousting the previous
Town Council majority, the citizens of our community made it very clear: WE
DO NOT SUPPORT DRILLING NEAR HOMES AND SCHOOLS!
This election season candidates
realize there is only one “right” side of the urban drilling issue. The candidates working together to unseat NFL
are frantically revising history to make us believe they are on our side. They are not letting the truth stand in their
way.
They’re pushing crazy
conspiracies and false accusations to put doubt in the minds of voters around
the very officials who shepherded in this new era of protection: Melissa Northern, Al Filidoro, and Steve Lyda
– NFL.
It is nothing short of
ridiculous. I almost considered ignoring it since it is so clearly political
posturing. Ultimately, though, I decided
that for those who don’t have in-depth knowledge of our long history of gas
drilling in Flower Mound, providing a refresher course on what has really
happened would be helpful. My intention is not to “smear” any candidates but to
clear up innuendo and half-truths being spread by some of Hayden, Dixon, and
Webb’s supporters. I have been in this a long, long time and my history on this
subject goes back many years.
When reading the blog you will
see I have listened to all sides of the story. My journey for the truth has
provided me with the facts and I gladly share them with all who care to listen.As you read through this, the details are there to prove the point
but are really less important than the message.
Why would any candidate revise history?
Can you trust a candidate who is willing to lie to you to get
elected?
I want to start with this
statement from Tom Hayden's website: “Just
weeks after the NFL took office, residents including members of council, were
given just 72 hours notice that the Williams Settlement had been placed on the
agenda by Mayor Northern for the upcoming council meeting. ... The reason for
this settlement was never clearly explained.”
The Truth:
Tom Hayden was included in emails
and participated in discussions about the settlement starting more than two
months before the settlement was on the agenda.
In a March 1, 2010, email from
the Town Attorney to all members of Town Council (excluding two of them, Smith
and Levenick, who had signed leases with Williams and therefore had a conflict
of interest), Council was informed that Williams wished to work out a
settlement of all outstanding issues with the Town. Every member of Council
agreed that there was no harm in exploring a settlement discussion with
Williams, although no specific deal points were defined. The settlement would
have addressed the pending Mockingbird
Pipeline lawsuit and other related issues. Council entered into the lawsuit with
Mockingbird based on a two/two deadlock with Steve Dixon and Mike Wallace
wanting to settle with Williams and Al Filidoro and Tom Hayden agreeing to
authorize the town attorney to defend the town against Williams’ encroachment
on town property.
The status of the Mockingbird Pipeline lawsuit/Williams
settlement was addressed in Town Council closed sessions on April 19, 2010;
June 21, 2010; July 6, 2010; July 19, 2010; August 2, 2010; August 16, 2010;
and September 7, 2010.
On
May 12, 2010, along with Town staff members, Councilmember Hayden, the
Mayor-Elect and Councilmember Filidoro met to discuss various Town issues,
including a detailed discussion about a settlement with Williams.
On June 16, 2010, each member of
Town Council received a detailed memorandum from the Town Attorney spelling out
the proposed terms of a settlement agreement with Williams; a copy of the
proposed settlement agreement was also provided.
Later that same day (June 16,
2010), Councilmember Hayden provided comments via e-mail about
the proposed settlement agreement including the type of landscaping he
preferred. He copied other Councilmembers about his thoughts on the proposed
settlement agreement. Also on June 16, the Town Attorney responded to the
issues Councilmember Hayden raised in his e-mail.
Other Councilmembers also raised
questions and provided input about the proposed settlement agreement. On June
18, 2010, in an attorney/client document, the entire Council was provided
detailed information about compression facilities at the Williams pad site.
By Saturday, June 19, 2010, a
fourth version of the settlement agreement was exchanged between the parties
and a detailed memorandum provided by the Town Attorney to the entire Town
Council about the latest revisions to the proposed settlement agreement. After
additional discussions with individual members of the Town Council, a revised
agreement was forwarded to Williams on June 21, 2010.
On the afternoon of June 21,
2010, each member of Town Council received a bullet point outline from the Town
Attorney detailing the items referenced in the proposed settlement agreement
that were not already contained in Town ordinances.
After additional revisions, late
on the afternoon of June 21, 2010, a finalized version of the proposed
settlement agreement was forwarded by the Town Attorney to Town Council.
During the Town Council meeting
on June 21, 2010, while addressing the proposed settlement agreement and how it
came about, the Town Attorney stated that Town Council had been kept abreast of
the process (Book 38, Page 489, Town Council Minutes). Nowhere during the
discussion of the proposed settlement agreement did any Councilmember state
that he or she was unaware of the proposed settlement agreement or had been
taken by surprise that it was on the agenda. Several Councilmembers discussed
the settlement agreement’s proposed terms in great detail. If the proposed
settlement agreement was a surprise to any of them, they certainly hid their
surprise well! In fact, Tom Hayden himself told me he participated in a meeting
with Williams prior to the settlement being presented to the public.
The reasons for the proposed
settlement agreement were explained to all Councilmembers in detail on multiple
occasions. If any Councilmember believed anything was unclear about the
proposed settlement agreement, there were many opportunities to address those
concerns. Every Councilmember contacted the Town Attorney with input, thoughts,
questions, suggestions, and concerns.
The Truth: Flower Mound does not have a Centralized Collection Facility.
Flower Mound has had a
Centralized “Compression” Facility since 2008, NOT a Centralized “Collection” Facility.
The compression facility was unanimously approved by the Oil & Gas Board of
Appeals on February 13, 2008. At the 2008 OGBOA hearing on the Central
Compression Facility application, no one spoke in opposition to the facility
and the Town Council had no role in the approval or denial of the variance
request. If the Town Council had been opposed to the approval of the variance
for the compression facility, the only recourse for the Town Council would have
been to sue the OGBOA. In any case this
all took place before NFL was in office.
The Truth: NFL has
stopped the industrialization of Flower Mound.
During NFL’s tenure on Council, the 26 gas wells that have been approved were on existing pad sites and were already in progress and applied for with the Texas Railroad Commission and the town before NFL took office in May 2010. Every well fell under the 2007 weakened ordinance. NO NEW WELLS HAVE BEEN APPROVED UNDER THE NEW ORDINANCE!
As has been explained to the Oil
and Gas Advisory Board and the Oil & Gas Board of Appeals, state law requires that once the Town is
aware of a permit (even without a formal application), the applicant’s rights
vest. The failure to recognize this vesting is a violation of state law. This also has been
explained by the Town Attorney or members of his office on multiple occasions
at Town Council meetings and board and commission meetings.
I served on the Oil and Gas
Advisory Board and we discussed "vested interest" as it pertains to
Oil and Gas drilling in the State of Texas numerous times. To ignore a vested interest is a
violation of state law; municipal ordinances cannot “trump” state law.
The Truth: NFL had
no means to stop the Hilliard airfield pad site.
We have heard for almost two
years that “there is room for legal debate on this issue.” Where is any legal
opinion that supports that statement? Hayden, Dixon, and Webb supporters,
including Councilmember Stephenson, have been asked for copies of legal
opinions they purportedly obtained from outside lawyers — and in no event has
any of them ever provided a copy of a legal opinion.
The facts are: The Texas Railroad Commission approved the
permit for the Hilliard pad site in September 2009. In October 2009, Titan put in their first
application with the Town for the Hilliard pad site. Because of the timing the Hilliard application was vested under
the old gas ordinance. The pad site met the requirements of the old
ordinance, therefore the town was obliged to administratively approve it Town Council is obligated to follow all laws and
ordinances, even those that were adopted by prior councils, whether they agree
or not. In the Hilliard case, the
council could not reasonably challenge this permit and win in a court of law.
On September 10, 2010, the Town
provided residents with a lengthy, detailed analysis of the Hilliard pad site
permit. The permit was also discussed in
depth at the September 20, 2010, Town Council meeting. Issues raised by
citizens about the Hilliard pad site were explored. Click here to read the
power point presentation. The issue of Hilliard’s vested rights remained. Some residents just did not like the
response.
The issue has been raised that
Mr. Hilliard needed a variance to remove trees on his property and that the
failure to receive a variance was a basis upon which to deny his drilling
permit. This contention is wrong. Since the adoption of the first tree ordinance
by the Town in the 1990's, an owner
of any property zoned agricultural is permitted to remove up to 19 protected
trees annually. Only an administrative tree removal permit is required. A tree removal request on agriculturally
zoned property does not go before a board and does not require a Town Council
vote.
An agricultural tree removal permit differs from the other types
of tree removal permits discussed in the tree ordinance in several ways. First,
this type of permit does not have to be associated with any type of property
development. Second, the only criteria necessary for approval is that the
property be zoned agricultural and that the trees be protected trees and not
specimen trees. The Town’s tree ordinance does not require the property owner
to give a reason for requesting the agricultural tree removal permit. Town
staff verified that all trees requested for removal were protected trees, not
specimen trees, and the applicant requested to remove 19 protected trees, as
permitted by ordinance.
NFL did campaign on not being
afraid of a lawsuit but this was always understood to mean they would not be
bullied when the Town was in the right, not that they would irresponsibility
invite legal challenge by taking positions that had no legal justification. To
fight simply for the sake of fighting when the law and facts are clearly not on
your side is a waste of taxpayer dollars, particularly when the Town will be
financially liable. We
should expect town staff and elected officials to be fiscal stewards of
taxpayers’ money and not subject the town to frivolous legal risk even if the
public doesn’t like the law... With the
exception of the “mystery lawyers” referenced by several Town residents over
the years, no credible
attorney has ever contended that the Town could deny the Hilliard permit.
It is interesting to note
that Hayden/Dixon/Webb supporters often cite NFL’s adherence to the law as some
sort of breach of trust and yet both Dixon and Hayden served on Council at the
same time and likewise followed the law in the same manner as NFL.
The Truth: NFL always works in a transparent manner to
protect Flower Mound from industrialization by gas drillers.
As noted in response to the first
item from the Hayden website, if Councilmember Hayden or any other
Councilmember only had 72 hours’ notice that the proposed Williams settlement
agreement was on the agenda, then they simply did not read their e-mail, agenda
packets, or communications from the Town Attorney.
All Councilmembers were fully
apprised of the proposed Williams settlement agreement and had been notified
repeatedly about it. Councilmembers offered input into the proposed settlement
agreement and commented upon it. Steve Dixon expressed his excitement that 6
items from his "wish list" made it to the settlement. The fact that
Councilmembers commented upon the proposed agreement did not mean that they
were in favor of it — they were simply asking questions about it. The normal
process for the Town Council is to comment and question, which also happened in
this case.
In fact, and regardless of the
above, Town Council unanimously chose to reject any settlement agreement with
Williams. In any lawsuit, it is customary for the parties to attempt to
negotiate a settlement prior to trial. The Court almost always demands an
attempted negotiation and the legal system strongly encourages the parties to
come together and see if a controversy can be worked out prior to trial. In
some cases, settlements can be worked out and in some, like this one, they
cannot. Entering into negotiations does not tacitly mean that there is any
agreement; here, it meant that Williams’ attorneys and town staff, worked on a
proposed agreement, and after review, it was determined by the entire Town
Council that a settlement could not be reached.
There was no settlement on the
above Williams litigation and no future settlements were entered into by the
Town. The parties proceeded forward in the case. Ultimately, the Town of Flower Mound
prevailed and Mockingbird Pipeline/Williams paid $55,000 to the Town as
reimbursement of its legal fees.
As
mentioned above, no new wells or pad sites have been approved under the Town’s
new oil and gas ordinance. Any
administrative approvals of additional wells were based on permits filed prior
to the NFL’s strengthening of the oil and gas ordinance in 2011. While many of us would have loved for the
Town to have had the latitude to tacitly reject permits vested under the old
ordinance, case law is well established that we would not have prevailed in
court. I hope you will remember who shepherded in this new era of protection. When
someone wants to throw stones at these clear leaders in the fight against urban
drilling, consider the source and their motivation. Without the burden of the responsibility of
governing, it’s easy to stand on the outside and ignore legal precedent in
order to justify one’s beliefs. As
citizens we can engage in wishful thinking but our elected officials cannot. They have a duty to act responsibly.. NFL has
acted responsibly and also done all they can to protect this community. As for the purveyors of conspiracy and
innuendo, and the candidates they support, I don’t expect my comments to be
persuasive to them at all because no amount of legal reasoning or precedent will
deter someone who chooses to stay ignorant or ignore the law.
My comments
are not intended for those vested in a particular candidate slate, those
insistent on being right about some inane aspect of the ordinance, or someone
with an axe to grind. They are intended
for consideration by the vast majority of residents who are simply vested in
what is best for Flower Mound. I am
available by email on this blog for anyone who wants to discuss this
further.
Monday, April 23, 2012
Titan postpones hearing for lawsuit against the Town of Flower Mound
Titan Operating has postponed the Wednesday, April 25th 11:00 am hearing against the Town of Flower Mound until late May.
No date has been set for a new hearing. Keep watching for more info.
No date has been set for a new hearing. Keep watching for more info.
Wednesday, March 7, 2012
Flower Mound Candidate Slate
FLOWER MOUND CANDIDATES
Mayor
Melissa Northern (incumbent)
Tom Hayden
Al Cloud
Place 2
Al Filidoro (incumbent)
Bryan Webb
Place 4
Steve Lyda (incumbent)
Steve Dixon
Jay Cannon
We will have their websites and emails up soon.
Important Dates
Mayor
Melissa Northern (incumbent)
Tom Hayden
Al Cloud
Place 2
Al Filidoro (incumbent)
Bryan Webb
Place 4
Steve Lyda (incumbent)
Steve Dixon
Jay Cannon
We will have their websites and emails up soon.
Important Dates
| April 30 | First day for early voting by personal appearance. |
May 4 | Last day to receive application by mail for a ballot to be voted by mail, by 12 noon or close of business, whichever is later. |
May 8 | Last day of regular early voting by personal appearance. |
May 12 | ELECTION DAY (polling places open 7:00 am – 7:00 pm) On Election Day polling locations will be by PRECINCT ONLY. NEW FOR 2012 – TWO POLLING LOCATIONS IN FLOWER MOUND ON ELECTION DAY (FLOWER MOUND MUNICIPAL COURT AND FLOWER MOUND LIBRARY) |
Friday, March 2, 2012
ATTENTION: Flower Mound Town Council to discuss, consider and adopt Charter Review Amendments
Flower Mound Town Council will have a Public Hearing, Monday, March 5th, to discuss and consider proposed Charter Amendments and adopt an ordinance ordering a special election for May 12, 2012, to amend the Home Rule Charter of the Town of Flower Mound.
Of course the most important amendment is the one to require a super majority to amend.
As previously posted, the new stronger, more protective ordinance may be in jeopardy.
This is a public hearing and any resident can show up. You may speak at this meeting or send emails to voice your concern.
Let the Town Council know you want them to adopt ALL the recommendations from the Charter Review so they can be put on the May 12, ballot.
To contact the Mayor and all Town Council Members, please e-mail mayor/towncouncil@flower-mound.com
Of course the most important amendment is the one to require a super majority to amend.
As previously posted, the new stronger, more protective ordinance may be in jeopardy.
This is a public hearing and any resident can show up. You may speak at this meeting or send emails to voice your concern.
Let the Town Council know you want them to adopt ALL the recommendations from the Charter Review so they can be put on the May 12, ballot.
To contact the Mayor and all Town Council Members, please e-mail mayor/towncouncil@flower-mound.com
Friday, February 10, 2012
Gas Drilling Is Not A Dead Issue In Flower Mound
People of Flower Mound.....
Flower Mound's new Oil and Gas Ordinance is in jeopardy. The very ordinance that may be the most protective of its citizens in the State of Texas AND the United States.
There is an important article in the Flower Mound Leader that residents should read.
Council clashes over Charter Review
After all the hard work that included walking neighborhoods, phone calls, and repeated trips to Town Hall, the controversy is happening again! Despite the citizen’s referendum on Gas Drilling, it appears that Councilmember Stephenson is trying to take away our right to vote on protecting the new Oil and Gas Ordinance in May.
During Monday’s Council meeting, Councilmember Stephenson failed to comply with meeting protocol. Councilmember Stephenson under the Item A Future Agenda, asked the council to postpone any further Charter Review meetings until her summons of the Charter Review Chairman could be fulfilled. When the Town Secretary informed her that the Chairman was not available due to a work schedule conflict, Councilmember Stephenson became angry and defiant and continued to ignore meeting protocol. It was somewhat confusing, but Mayor Northern was trying to explain to Councilmember Stephenson that since Stephenson did not have an item to put on the agenda, the Council could not discuss having a special meeting to satisfy Councilmember Stephenson’s demands at that point of the meeting.
It really is interesting to watch the video of the meeting on FMTV, because during the Item M Calendar Section, Mayor Northern and Councilmember Lyda were being very accommodating to make this happen per Councilmember Stephenson's request. It makes us wonder what is Councilmember Stephenson’s real agenda? We allege that her goal may be postponement of the recommendations of the Charter review items be put on the May ballot. At a cost of $10,000 to $30,000, why does Councilmember Stephenson want to burden the taxpayers of Flower Mound by paying for a special election in November?
At the February 2nd Charter Review meeting, the members reviewed, discussed, debated, and voted on all items that had been submitted to the committee by Staff, Council, and residents. The residents in attendance were given an opportunity to make comments on each item as it was presented. In fact, the residents were allowed to speak as long as they wished and as many times as they wished.
Only ONE recommendation was a 3 in Support and 2 in Opposition. Surprise… the ONE was the recommendation made by the Oil and Gas Advisory Board in July of 2011 to protect the new Oil and Gas Ordinance via a Super Majority, or 4 to 1 Council vote to change, weaken, or repeal the new ordinance. Why would the two CRC members be opposed to this item going to the voters of Flower Mound?
We want to have a chance to vote on the Charter amendments in May. If all the issues and recommendations have been addressed, why should the process take longer? The Charter Review Committee will present a 30-page document that will be reviewed by Council. THE RECOMMENDATION SURROUNDING THE SUPER MAJORITY VOTE TO AMEND and/or REPEAL THE 2011 OIL AND GAS ORDINANCE IS IMPORTANT! You can see how serious it is by the Council’s appointees: a former Mayor and Planning and Zoning Commissioner; a former Councilmember; a current Planning and Zoning Commissioner and former Oil and Gas Advisory Board Chairman, another member of the former Oil and Gas Advisory Board, and two attorneys. The majority of the committee had first-hand experience of this document and understood its importance. It took the last Charter Review Committee longer to understand the Town Charter and the rules that govern it. This is not the case with the current committee!
Per Councilmember Stephenson’s request, Council is having a special meeting on February 15th. This is a public meeting and any resident can show up. You may speak during the public participation portion of this meeting or send emails to voice your concern.
Simply ask the Flower Mound Town Council: do you support a charter amendment requiring a public hearing and a super-majority vote to amend the ordinance?
If their answer is no, then beware—an accommodation to the drillers may be in the works.
To contact the Mayor and all Town Council Members, please e-mail mayor/towncouncil@flower-mound.com
The Charter Review Committee will have another meeting on February 16th.
Most importantly, let the citizens of Flower Mound vote on the items on May 12th.
Please give a first and last name when commenting.
Flower Mound's new Oil and Gas Ordinance is in jeopardy. The very ordinance that may be the most protective of its citizens in the State of Texas AND the United States.
There is an important article in the Flower Mound Leader that residents should read.
Council clashes over Charter Review
After all the hard work that included walking neighborhoods, phone calls, and repeated trips to Town Hall, the controversy is happening again! Despite the citizen’s referendum on Gas Drilling, it appears that Councilmember Stephenson is trying to take away our right to vote on protecting the new Oil and Gas Ordinance in May.
During Monday’s Council meeting, Councilmember Stephenson failed to comply with meeting protocol. Councilmember Stephenson under the Item A Future Agenda, asked the council to postpone any further Charter Review meetings until her summons of the Charter Review Chairman could be fulfilled. When the Town Secretary informed her that the Chairman was not available due to a work schedule conflict, Councilmember Stephenson became angry and defiant and continued to ignore meeting protocol. It was somewhat confusing, but Mayor Northern was trying to explain to Councilmember Stephenson that since Stephenson did not have an item to put on the agenda, the Council could not discuss having a special meeting to satisfy Councilmember Stephenson’s demands at that point of the meeting.
It really is interesting to watch the video of the meeting on FMTV, because during the Item M Calendar Section, Mayor Northern and Councilmember Lyda were being very accommodating to make this happen per Councilmember Stephenson's request. It makes us wonder what is Councilmember Stephenson’s real agenda? We allege that her goal may be postponement of the recommendations of the Charter review items be put on the May ballot. At a cost of $10,000 to $30,000, why does Councilmember Stephenson want to burden the taxpayers of Flower Mound by paying for a special election in November?
At the February 2nd Charter Review meeting, the members reviewed, discussed, debated, and voted on all items that had been submitted to the committee by Staff, Council, and residents. The residents in attendance were given an opportunity to make comments on each item as it was presented. In fact, the residents were allowed to speak as long as they wished and as many times as they wished.
Only ONE recommendation was a 3 in Support and 2 in Opposition. Surprise… the ONE was the recommendation made by the Oil and Gas Advisory Board in July of 2011 to protect the new Oil and Gas Ordinance via a Super Majority, or 4 to 1 Council vote to change, weaken, or repeal the new ordinance. Why would the two CRC members be opposed to this item going to the voters of Flower Mound?
We want to have a chance to vote on the Charter amendments in May. If all the issues and recommendations have been addressed, why should the process take longer? The Charter Review Committee will present a 30-page document that will be reviewed by Council. THE RECOMMENDATION SURROUNDING THE SUPER MAJORITY VOTE TO AMEND and/or REPEAL THE 2011 OIL AND GAS ORDINANCE IS IMPORTANT! You can see how serious it is by the Council’s appointees: a former Mayor and Planning and Zoning Commissioner; a former Councilmember; a current Planning and Zoning Commissioner and former Oil and Gas Advisory Board Chairman, another member of the former Oil and Gas Advisory Board, and two attorneys. The majority of the committee had first-hand experience of this document and understood its importance. It took the last Charter Review Committee longer to understand the Town Charter and the rules that govern it. This is not the case with the current committee!
Per Councilmember Stephenson’s request, Council is having a special meeting on February 15th. This is a public meeting and any resident can show up. You may speak during the public participation portion of this meeting or send emails to voice your concern.
Simply ask the Flower Mound Town Council: do you support a charter amendment requiring a public hearing and a super-majority vote to amend the ordinance?
If their answer is no, then beware—an accommodation to the drillers may be in the works.
To contact the Mayor and all Town Council Members, please e-mail mayor/towncouncil@flower-mound.com
The Charter Review Committee will have another meeting on February 16th.
Most importantly, let the citizens of Flower Mound vote on the items on May 12th.
Please give a first and last name when commenting.
Thursday, October 6, 2011
Dallas Citizen Group Releases Recommendations For Gas Drilling
Dallas resident Raymond Crawford presented the Dallas City Council with recommendations put together by local citizen groups. They are quite impressive. Great job Dallas.
We will keep our fingers crossed that the Dallas Drilling Task Force and City Council accept and vote to implement all of the recommendations.
We will keep our fingers crossed that the Dallas Drilling Task Force and City Council accept and vote to implement all of the recommendations.
Click here to read the recommendations.
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