To the Barricades: 2 Hearings in 2 Weeks to Protect What We’ve Already Won in Dallas
What residents have accomplished in Dallas since last December is nothing short of amazing when you step back for a moment. They took a "done deal" constructed by the Mayor to award Trinity East three gas permits in short order and ground it to a halt. They forced the disclosure of the notorious secret agreement underlying that done deal between the company and City Hall, and in doing so hastened the departure of the City Manager who had been its architect. They repeatedly turned out crowds in the middle of the day for what the Morning News has described as "one of the biggest zoning fights in Dallas history." And they've now begun to construct one of the most protective gas ordinances in the region.
But all of that progress gets put to the test in quick succession over the next two weeks. That why we're putting out the call again.
1. PUBLIC HEARING ON WHAT YOU WANT IN A NEW GAS DRILLING ORDINANCE, THIS THURSDAY, AUGUST 22nd, 1:00 PM DALLAS CITY HALL 6th Floor
This Thursday at 1:30 pm in the Dallas City Council chambers, the City Plan Commission will hold the first public hearing on the draft of a new gas drilling ordinance for the City of Dallas. There will be only two of these before it heads to the full City Council, with the second scheduled for late September right before a final vote by the Commission. So if you want the Commission to understand how strongly you feel about regulating gas drilling in Dallas while they're actually writing the ordinance, you need to show-up this Thursday.
As with previous encounters with Dallas City Hall, nothing takes the place or sends the message as loudly as butts in the seats. Nothing. We know it's a pain to make these work day hearings. They intend them to be. They want to discourage you from showing up. Don't let them.
Please plan on being there in the Flag Room outside the City Council Chambers on the 6th floor at 1:00 pm on Thursday for a pre-hearing news conference with some special guests.
Among the most important things at stake this Thursday is the strong stand taken a month ago by the Plan Commission to impose a 1500-foot setback separating gas wells from "protected uses" like homes and schools. This distance equals what both Southlake and Flower Mound require in their gas ordinances, and is the longest setback currently used by any North Texas municipality.
City staff, led by City Attorney Tammy Palomino, knows that a 1500 foot setback will severely limit the availability of land where fracking is allowed to take place in Dallas. Ms Palomino and company are still trying to produce a weak ordinance that will allow Trinity East, or other operators, to go back to the same areas that were being proposed before – park land, flood plains and new recreation centers. A 1500-foot setback would not allow that to happen. That's why they're trying to scuttle it.
Beginning at 8:30 am Thursday morning – before the public hearing even begins – Palomino will be giving a formal briefing on the setback issue to the Plan Commission aimed at getting the Plan Commission to "rescind" their support for 1500 feet. Staff wants a 1000-foot buffer zone that can be adjusted through "variances" down to only 500 feet – a distance even the Dallas Morning News has called "unacceptable." They want the Commission to vote for a lesser distance even before members hear from the public at the afternoon hearing. That's right, if Attorney Palomino has her way, this issue will have already been decided when you show up to speak at Thursday's afternoon public hearing.
What can you do besides work up a head of steam at the idea of staff once again short-circuiting democracy in this process? Let the Commission members know how you feel before Thursday by sending them a quick click and send e-mail that requests them to stand fast by the 1500 foot setback they've already voted to support. Please spend a minute doing this right now. We only have three days. Click here. Then mark your calendars to be at Dallas City Hall this Thursday at 1:00 pm to make sure we keep what we've worked for up to now. We need you again.
2. WEDNESDAY, AUGUST 28th: FINAL COUNCIL VOTE ON THE NOTORIOUS TRINITY EAST GAS PERMITS
Can we possibly be about to nail the final nail in the coffin of the never-say-dead Trinity East gas permits? Yes. Yes we can.
Two Wednesdays from now, at their regularly-scheduled meeting on August 28th, the Dallas City Council will be voting on whether to uphold the Plan Commission denials of the Trinity East permits – the three permits that have set-off the last nine months of citizen vs staff and council battling at City Hall.
Since the Plan Commission voted to deny the permits (twice, but who's counting?) the council must have a three-fourths majority, or 12 members out of 15, to overturn that denial. At last count, citizens have at least four or five council votes to uphold the denial, meaning the permits would die a final certain death, even if a majority of the council still supports them, as appears to be the case. Here's the tally as of today:
Against the permits:
Scott Griggs
Philip Kingston
Adam Medrano
Sandy Greyson
Uncertain, leaning against:
Carolyn Davis
Monica Alonzo
Uncertain, leaning for the permits:
Lee Kleinman
Jenifer Gates
Rick Callahan
For the permits:
Mayor Mike Rawlings
Jerry Allen
Sheffe Kadane
Terrell Atkins
Dwaine Carraway
Vonciel Hill
As you can see, despite months of overwhelming public opposition, editorial opposition form the Dallas Morning News, and two votes against the permits from its own Plan Commission, residents have exactly no margin of error in this vote. We must have four to win a permanent denial.
As we know more about when the vote is going to be scheduled during the Council's day-long agenda, we'll post it so you don't have to waste all day waiting to speak.
Rumor has it that the City of Dallas hired an outside law firm to assess the lawsuit threat thrown around by Trinity East in case they don't get their permits. What came back was an assessment that said the City wouldn't be on the hook for anymore than the original $19 million paid by Trinity for the six years time on their unexploited leases even if the city lost. But more than this, the outside firm recommended that the city forgo any threat at all and go ahead and award the permits, taking a huge gamble on the company not being able to take drill in the 6 months left on the leases with gas prices so low.
So now council members feel like they've been given permission to vote for the permits, public be damned.
And what if the legal firm is wrong and Trinity East does go ahead a drill by February of next year? Well then the council in its infinite wisdom will have carved out a one-time only, one-operator only special class of gas fracking that violates its own rules about such things and can never be undone.
Last August, residents came together in front of the Council and literally blew away the members with their show of support for a strong protective gas ordinance. We need that kind of showing again, not once, but twice in as many weeks. We need you to stand with us to defend what we've already won. We can't guarantee that your presence will automatically insure victory, but we do know that we can't win the final rounds of these fights without it. Please try to stick with us as we get the job done. Thanks.