Dec, 2011
On Nov 21st, just before Thanksgiving, residents living within the shadow of the Lookout Trash Station (LOTS) received notice of the pending permit application for LOTS that had been filed without any prior notice to those neighborhoods most directly impacted. Earlier in late October, again unbeknownst to citizens, the North Texas Municipal Water District (NTMWD) submitted their permit application to Texas Commission on Environmental Quality (TCEQ.) This came as a surprise to the neighborhood leaders that had worked so hard on the Memo of Understanding (MoU) signed a year ago by the City of Richardson and the North Texas Municipal Water District (NTWMD.)This document included essential protections for the neighborhoods, recreation areas and the environment. As of this date, it has unfortunately failed to materialize into a binding legal document. In disregard to the MoU, little if any of the key elements were included in the recent permit application.
More Background
From the outset, it was understood that the legally binding version was only to provide a legal framework for the MoU and that the language would not fundamentally change the principles of the agreement. During this past year since the initial signing of the MoU, the LOTS committee has patiently awaited the transference of the MoU into a legal document. In all this time, only a couple of drafts have been seen by the neighborhood leaders, none of which accurately reflected the spirit and intent of the MoU. In the drafts received key components of the MoU had been watered down or deleted while new elements were introduced negating all the prior months, indeed now years of negotiations with NTMWD. The LOTS committee did the additional work of providing the City and NTMWD a comprehensive matrix showing where the differences lay so that the areas of deviation could be readily identified. Still, the legal document did not materialize. Thus when the NTMWD submitted their application without any prior communication, the alliance of neighborhoods interpreted this breach of faith as a sign that the District may be attempting to circumvent the MoU that they have already signed.
It is vitally important that Richardson citizens immediately contact the TCEQ to request a public meeting here in Richardson (as opposed to Austin) as part of the permitting process. To do so on line go to http://www10.tceq.state.tx.us/epic/ecmnts( Re: Permit No. 53A). You can use this template if you like for you letter. This will give us the opportunity to have entered into the record the elements of the MoU and the ability to provide input in the most transparent and accessible manner possible. It is important to remember that when this permit is final, it's final. There is no review, no process to un-permit the new trash station. Please send your comments right away.
May 9, 2011
Upon reviewing the legal MoU, we found the document fundamentally and dramatically altered. Many of these changes disregard the commitments made in the MoU signed by all stakeholders in November / December 2010 and adopted earlier by the City Council. These multiple changes place limits on the citizens, increase flexibility of the District and negate the spirit of the signed MoU. We have formally responded to the City on the document with letters to the Mayor, City Manager, and City Staff.
March 20, 2011
Legal MoU is returned to citizens for review. Response and further action still pending.
January, 2011
After coming to an agreement with all stakeholders back in late November: concerned neighborhoods, the City, and the NTMWD; NPAR is still awaiting the final legal agreement. In essence all parties are in holding until this legal agreement is signed. Meanwhile, NPAR is working to lay the groundwork of the citizen oversight committee which will follow the developments of the project through its various stages. Any complaints about the current operations and through construction should be filed through the city appointed ombudsperson: Travis Swtizer: travis.switzer@cor.gov, (972) 744-4223
November 22, 1010
A standing-room-only crowd attended the Lookout Trash Station public forum at City Hall as we presented the compromise agreement in the form of a Memorandum of Understanding (MoU) that evolved out of our initial 16 protections. We all had the opportunity to voice our opinions on this proposed agreement and the trash station in general. While NPAR feels the protections are a victory for the community, ultimately only time will tell if the city and the community can maintain the proper vigilance to make the protections stick.
November 7, 2010
After over a year and half of negotiations the COR, NTMWD and NPAR LOTS Committee (comprised of concerned citizens dedicated to protecting the surrounding areas directly impacted by the Lookout Trash Station rebuild and expansion) came to a tentative agreement based on 16 protections first outlined by the citizens.
While there are still questions as to the legal teeth behind the document with areas lacking specificity, Mayor Slagel and City Manager Bill Keffler emphasized the city’s pledge to stand behind the Memo of Understanding’s (MoU) implicit guarantee to restrict any further expansion beyond 625 tons per day, 1500 tons maximum daily average. On behalf of the city, the mayor has written an adjunct letter to this effect, stating that the quality of life for the surrounding areas will be protected by COR, since the NTMWD has rejected any stipulation to permanently restrict capacity. A public forum will be held on Monday, November 22nd for further input from Richardson citizens. This VERY IMPORTANT forum will be the ONLY local avenue for citizens' comments on the expansion and the pending MoU agreement. The city council as well as NTMWD reps will be present to directly answer questions.
June 20, 2010
On behalf of all Richardson residents, Mike Rawlins (Conservation Committee Co-Chair of the
Sierra Club, Dallas Regional Group) sent a letter of NPAR support to the Richardson City
Council and the NTMWD Board of Directors. Click here to read.
June 16, 2010
In reply to letters received, meeting scheduled (at the request of the City) between Alliance
Leadership, City Manager Bill Keffler and Mayor Gary Slagel to discuss how to move forward.
Expection set by Citizens that meeting minutes would be required - no more "closed door"
meetings. UPDATE: This meeting was consistent with previous meetings - plenty of
re-explaining and justifying our position. However, it was encouraging to hear Bill Keffler (1)
communicate a "gag-order free" capacity proposal from the District and (2) agree to engage
third-party engineers to evaluate ALL the requirements, recommend best practices on ALL
components and critique ALL the District's plans to ensure the best possible transfer station
facility is constructed in the midst of a thriving residential and recreational community. The
City simply doesn't have all these skills for this type of building - help is needed. To review
meeting minutes, click here. NOTE: Minutes were provided to Bill Keffler on Monday June
21 with a reply required date of Thursday June 24 - no acknowledgement of minutes received
by EOD. By EOD Friday June 25, still no acknowledgement. Posted as-is per expectation set
with Bill Keffler on Monday June 21.
** PUBLIC FORUM CALLED FOR NOW! **
June 11, 2010
NPAR believes its best course of action at this point is to fully engage the decision makers in
this process. As such, a recap of our position and recent actions:
NPAR has repeatedly and respectfully come to the table in good faith, but the
reality is that closed-door meetings benefit the City and District, much more than
Richardson citizens. The last meeting was held May 17 - during this meeting, City
Staff continued their pattern of misrepresenting our position and proposals,
aligning completely with District positions (without once aligning with the
citizens they represent) - we've been trying to overcome this behavior since the
4-hour District / City presentation on December 7, 2009 (many of you attended
that meeting - you'll recall, it was in response to our 15 minute presentation of
concerns on November 23, 2009). Most concerning of all, City Staff relayed a
District proposal that is nothing less than a strong-arm tactic: agree to sit on our
hands and hold our tongues until the transfer station permit is approved - at a
daily trash capacity higher than we currently desire - or agree to accept even
more garbage every day when the new facility becomes operational. After three
months, it was obvious that working solely with City (and District) Staff and the
current negotiation process is neither equitable nor productive. Over the last two
weeks, we have been reaching out to the City Council, NTMWD Board of Directors,
as well as state lawmakers and members of Congress who represent the impacted
districts. To view these letters, please click on each:
Letter sent to Mayor Slagel and the Richardson City Council (cc'd City Manager
Bill Keffler)
Letter sent to NTMWD Executive Director Jim Parks, Richardson Director Ken
Bell, Richardson Director John Sweeden and the 21 Directors from the remaining
12 member cities
Letter sent to county, state and federal legislators representing the impacted
districts
Regardless of this disappointing turn of events, our goal remains constant and as
strong as ever... come to collective agreement on the 16 protections required to
protect private property values, public green spaces and the environment once
the planned facility is completed. We will continue to advocate the need to open
these discussions, engage the broader public and educate the City Council,
NTMWD Board of Directors and Legislators to make an informed decision that
will impact Richardson for the next 40-50 years.
May 19, 2010
Meeting scheduled between Alliance Leadership, City Manager Bill Keffler and Mayor Gary
Slagel to discuss how the public session will be structured and conducted. Following this May
17 meeting, UPDATE: Given the lack of progress in the May 17 meeting and resulting inability
to hit a June 14th public forum date, the City should have cancelled this meeting but did not.
George Human met with Bill Keffler and Gary Slagel - no one from NPAR was present. No
information available on discussion topics.
May 17, 2010
Meeting held between Alliance Leadership, City Staff, City Manager Bill Keffler and Mayor Gary
Slagel to review the status of all 16 protections and discuss proposed date for the public forum
(June 14). UPDATE: No progress being made (and in some cases, regressing) - SEE JUNE 11
UPDATE.
May 7, 2010
Asst City Manager Cliff Miller (on behalf of City Manager Bill Keffler) suggests times to meet to
discuss the current matrix. Likewise, a new date is suggested for the public forum:
** PUBLIC FORUM TENTATIVELY SCHEDULED FOR MONDAY, JUNE 14, 2010 **
May 3, 2010
Its our understanding that the City is meeting internally and with the District, but still no
updates have been provided since April 2. Alliance leadership (with SPN&FNA support)
reached out to Mayor Gary Slagel and City Manager Bill Keffler with this proposed timeline:
1) CoB Friday 5/14 – Have an agreed upon Matrix (all 16 items addressed). Our perception of
the Memo is that it will be a “legalese” version of the Matrix. Given progress to date and the
tight timeline, the next two weeks should be used to come to agreement on the 16 items in the
matrix, not the specific language of the MoU document. Let’s not confuse the two, nor put the
cart in front of the horse.
2) Saturday 5/15 to Sunday 6/6 – No meetings between citizens and City Staff to discuss the
Matrix or Memo. Our focus will need to be sending the most accurate message to Richardson
citizens. Given the Memorial Day holiday falls during this time, we will need a full 3 weeks to do
this. During this timeframe, we expect a smaller group to meet with City Manager Bill Keffler
and Mayor Gary Slagel to determine how the public session will be structured and conducted.
3) Monday 6/7 – Hold the public session with or without an agreed upon Matrix. We have been
discussing this issue since last Spring, the key concerns since last Fall and the specific terms
since mid-February - if we don’t know where we are by CoB 5/14, we need to communicate this
to all Richardson citizens and have an open, transparent dialogue.
We, as much as the City and District, want this issue to be resolved in a timely manner - missing
6/7 will push the public session to late August / early September – we believe a matter of this
importance simply cannot be discussed during the summer months when so many Richardson
citizens are not available. Likewise, we are hopeful that we can come to agreement on the 16
items prior to the 5/14 date, but we are concerned based on the slow flow of information at this
point. We stand ready to help facilitate a productive 6/7 meeting.
April 20, 2010
John Wallberg spoke with City Manager Bill Keffler at the HOA Presidents Meeting. Its our
understanding that the City is meeting internally and with the District, but no updates have
been provided since April 2. There will not be sufficient time to communicate for a May 3
Public Forum - Bill Keffler suggests a new date:
** PUBLIC FORUM TENTATIVELY SCHEDULED FOR MONDAY, MAY 17, 2010 **
April 2, 2010
Alliance leadership met with Asst City Manager Cliff Miller to review feedback - intent is to
ensure our position on each of the 16 points is completely understood (as we are not able to
communicate directly with the District).
March 26, 2010
Alliance feedback and SPN&FNA Board feedback on matrix submitted to City Staff. As this is an
ongoing negotiation, we are not posting this document online - however, if you'd like to review,
please contact us. Alliance requested time with Asst City Manager Cliff Miller in the next week
to review feedback - intent is to ensure our position on each of the 16 points is completely
understood (as we are not able to communicate directly with the District).
March 17, 2010
Alliance leadership and George Human (on behalf of Sherrill Park North & Foxboro
Neighborhood Association Board) met with Mayor Gary Slagel, City Manager Bill Keffler and
Asst City Manager Cliff Miller to review the "matrix". The matrix details the 16 protections
requested from the citizeens - these protections were pulled from the letter submitted on
February 17 (see below). Over the last month, City Staff documented the positions of the
Alliance (per letter submitted by John Wallberg on Feb 17 - see below), SPN&FNA Board (per a
letter submitted by George Human on/near Feb 17), the City and the District (per CoR-District
only meetings between Feb 18 and Mar 16). The intent of the matrix is to provide a mechanism
to discuss the terms that will ultimately be included in the Memo of Understanding (MoU). The
City requested feedback from the Alliance and SPN&FNA Board by Friday March 26.
** PUBLIC FORUM TENTATIVELY SCHEDULED FOR MONDAY, MAY 3, 2010 **
February 17, 2010
John Wallberg (Owens Park) and George Human (Sherrill Park North & Foxboro) met with
Mayor Gary Slagel and City Manager Bill Keffler. The progress being made is encouraging:
* The District proposed a capacity limit approximately 10% above what we consider sufficient
in exchange for an uncontested Permit Application. While the District's proposal is significantly
below their initial number, capacity is not the only issue - John communicated to the City that
we are interested in working through the "total package" in order to protect our community
now and in the future. We would be willing to support the District's Permit Application, in
writing, if we could come to an agreeable position on the protections above. It is encouraging
to see the District negotiating at this stage.
* The City and District have determined the alternative site (on the same 20-acre tract, east vs
north of the current transfer station) is off the table and will not pursue. Owens Park concurs
with this determination.
* Owens Park suggested the City send a letter to the District advocating the protections above.
Both Mr. Slagel and Mr. Keffler were supportive of this approach - the City has a precedent for
doing a "Letter of Understanding" (LoU) in this type of situation. Owens Park submitted a draft
letter (written on behalf of the City) as a starting point. Mr. Keffler requested 2 weeks to
evaluate the draft letter and frame-up a LoU.
* A public forum will be scheduled in the late March / April timeframe. Citizens will soon have
the opportunity to communicate directly with the City Council, City Staff and District.
Next step: Members of the core team expect to meet with Mr. Cliff Miller (Asst.
City Manager) shortly after March 3 to discuss the LoU and the subsequent public
forum.
In summary, this is all good news. We still have several issues to work through, but we believe
the City understands we are trying to protect Richardson's quality of life in the most reasonable
and transparent manner. We are optimistic that we will be able to reach an equitable
agreement for all parties involved in order to make the public forum a civil reinforcement of
our protections rather than a contentious and unproductive event.
December 7, 2009
North Texas Municipal Water District and City Manager's Office presented to City Council.
Overall, this was a disappointing event - they spent almost four (4) hours in front of Council
attempting to discredit our concerns around proximity and capacity, manipulating data and
making false statements about our recommended alternate "EAST" site on the same plot of
land… all the while completely ignoring our previously requested protections and proposing
an increase in capacity. Despite this, we have remained engaged with the City and hopeful that
we can work toward an equitable outcome with the District.
November 23, 2009
Representatives from the boards of three different homeowner's associations - John Wallberg
(President, Owens Park), George Human (President, Sherrill Park North & Foxboro), Rick
Wilder (Duck Creek) - made a 15 minute presentation to the City Council regarding the Lookout
Transfer Station expansion. Asks of City Council:
1. Understand the negative impact of Lookout’s capacity expansion to Richardson’s reputation
2. Initiate steps to correct the inequitable trash-exchange relationship between Richardson
and Plano
3. Seriously consider our proposal to move Lookout east versus north of the current transfer
station
4. Understand the key concerns we have and possible solutions to protect Richardson
on concerns around capacity, proximity,
The presentation was cut short by Mayor Slagel at 12 minutes, but Councilman Mitchell made a
motion to finish the remaining 3 minutes.
Summer / Fall 2009
Formalized our position internally and with other neighborhood associations and businesses.
Worked closely with the Spring Creek North & Foxboro Neighborhood Association (just north
of LOTS) to determine what protections were needed. Continued to meet periodically with the
City/District to secure these projections.
June 3, 2009
Public presentation by North Texas Municipal Water District
April 20, 2009
Open Letter Resolution published:
As citizens of Richardson, we all cherish and value our neighborhoods, parks, and
recreational areas. We share common concerns for environmental protection and safety and
for the health of our families.
Over the years, the management of the Lookout Trash Transfer Station by the North Texas
Municipal Water District has proven them anything but a good neighbor. The Water District
has neglected odors, windblown trash, illegal dumping and has not been responsive to
citizens complaints of the aforementioned. Furthermore, according to their own 2002
engineer's report "The Lookout Transfer Station currently processes significantly more waste
than its design capacity."
We, the undersigned citizens and organizations, desire a mutually beneficial relationship with
the Lookout Drive Trash Station that protects homeowners property values, taxpayer-owned
assets such as our roads, Sherrill Park Golf Course, Lookout and Foxboro Parks and natural
resources such as Spring Creek and surrounding green spaces. Furthermore, for the
protection of citizens utilizing the system of bike paths adjacent to the trash facility, we ask
that the City of Richardson or the Water District construct a bike trail over Spring Creek that
connects with the rest of the system, thus diverting cyclists from the dangerous routes
frequently traveled by garbage haulers and semi trucks associated with the trash operation.
While we understand and agree that all trash must go somewhere, we also stand firm in our
commitment to limit permitted daily garbage intake at Lookout Drive to the current capacity
which is already more than adequate to process all the waste generated by the City of
Richardson while still leaving hundreds of additional tons per day available to process waste
from other member cities in the Water District.
Thus, we the undersigned resolve to oppose any proposed expansion of the Lookout Drive
Trash Transfer Station that does not include "state of the art" facility improvements,
protection for property values and recreational infrastructure as well as a plan for pollution
prevention and environmental mitigation as defined by stakeholders within the official state
permit or in a separate contractual agreement between the North Texas Municipal Water
District, neighborhood organizations and taxpaying citizens affected by the facility.
Late 2008 / Early 2009
Growing public concern
Summer 2008
Jerry Ortega (City of Richardson, Director of Public Services) presented to Owens Park and
Sherrill Park North & Foxboro neighborhoods.