Tag Archive for Longmont Super Committee

Community requires strict regulation of oil and gas drilling

A Community Open House and a Joint Meeting between the Board of Environment Affairs, the Parks and Recreation Advisory Board and the Water Board were held at the Civic Center on Monday, February 6. The two events were a big success for Longmont residents.

While the battle is far from over and the opposition to communities who seek to protect their health, safety, well-being and property values is ferocious, the battle has been joined. The public has spoken resoundingly and the board members heard and in most cases shared the positions of the community on a number of issues involved in drilling oil and gas within Longmont’s city limits.

The “Oil and Gas Regulations Update” document released in advance of these events was weighted with communications from the Colorado Attorney General’s office and the Colorado Oil and Gas Conservation Commission (COGCC) that sought to intimidate and threaten communities who had attempted to wander beyond parameters endorsed by the oil and gas industry.

Although the two Longmont public events were meant to be highly structured, both events did not bow to clearly predetermined outcomes and conclusions.

The Community Open House featured several boards placed on easels in the Council Chambers lobby asking questions that allowed community members to prioritize their concerns. The public was given orange dots to place by their highest concerns. Strong uniformity was apparent by the time the “voting” was completed.

Questions and sticker votes can be viewed here.

One option that was not offered was a total ban on drilling within Longmont. There is an overriding, although unacceptable, provision in state legislation and case law that no community has that choice. The State of Colorado has decided that industry exploitation of mineral rights takes precedence over all human needs if a choice between these interests has to be made.

If drilling is to occur, the public wanted setbacks well beyond what has been provided in regulations by the Colorado Oil and Gas Conservation Commission. The public demanded closed-loop systems (no open pits for “produced water”) and the use of “green fluids” for fracking. Air and water monitoring, inspections, wide community notifications of all drilling applications, spills and accidents were also uniformly demanded.

Longmont ROAR established separate easels for dot placement on its highest priorities: an extension of the moratorium, 1000 foot setbacks and the use of closed loop systems. The public endorsed these priorities.

At 7:00 PM the Joint Committee met. It heard a lengthy presentation from Brien Schumacher, the city’s point person on the regulations and the “Local Government Designee” to the COGCC. That presentation followed closely the material presented in the Update. After the staff presentation, members of the boards sought answers to additional questions and clarifications of the material presented.

During Public Invited to be Heard approximately 15 to 20 people addressed the boards, reiterating their concerns and rejecting the limitations that the COGCC, and the courts, have established.

The board members understood and substantially accepted the community’s position. Fourteen of the twenty-one board members were present and were electronically polled with questions and issues similar to those during the Community Open House. Board member responses closely tracked community concerns and demands.

Most encouraging was the willingness of board members to “push the envelope” and risk legal action in pursuit of community protection.

During the final portion of the joint meeting, board members stepped up to an issue that staff had not offered – the extension of the oil and gas application moratorium. One member asked the pointed question, “How far can we extend the moratorium without risking a legal challenge?” City Attorney Eugene Mei cited a court case that upheld a 10-month moratorium.

With that information, a motion was made by the board to recommend to the Longmont City Council that the moratorium be extended a minimum of two additional months. All but two of the members present supported that motion.

As we move forward with the next phase of this process, it is essential that the community continue to assert its requirements to the City Council. Information, education, persistence and determination are the necessary ingredients to assure that the residents of Longmont are not only heard but that their demands are accepted.

Let your voice be heard

The City of Longmont is in the process of developing revised and additional regulations covering oil and gas drilling within city limits. Applications for permits are expected following a 120-day moratorium that is scheduled to end on April 17, 2011.

Oil and gas drilling at Fairview and SH 119

Draft regulations were intended to be published on January 31, 2011. It was clear from the outset that a 120-day moratorium was inadequate for the amount of work that is required to craft regulations that would protect the health, safety, and well-being of citizens and residents. City staff is now making changes to its schedule in order to meet the arbitrary moratorium expiration on April 17, 2011.

At the January 24, 2011, city council meeting, City Manager Gordon Pedrow announced that instead of releasing draft regulations on January 31, “options” would be made available to council members, board members and the public.

January 31 came and went without “options.” On February 2, the city released a document that was not the promised “options” (whatever those might have been), but a 60+ page document titled “City of Longmont Oil and Gas Regulations Update.”

Mr. Pedrow indicates that the options, now known as “questions,” will be delayed until a Public Open House on February 6, 2011, to be held in the lobby of the City Council Chambers between 4:30 and 6:30 PM. No one will have an opportunity to see these “questions” until that time. There will be no opportunity to reflect on their meaning or potential implications for the future of Longmont.

The city has created a highly controlled environment for the release of questions. It will establish parameters and attempt to squeeze the public into a narrow band of choices that reflect the choices that the city’s attorneys and staff believe are acceptable.

It is important that members of the community maintain their own integrity on this issue and insist that the city respond to their demands and requirements.

Following the Public Open House, at 7:00 PM in Council Chambers, a joint meeting of the Board of Environmental Affairs, the Parks and Recreation Advisory Board, and the Water Board (The Super Committee) will be held.

Information will be presented by city staff to the Super Committee and questions will be taken from the Super Committee. At that point, the public will have an opportunity to be heard in the same manner as at council meetings, a 3-minute Public Invited to be Heard.

Following the Public Invited to be Heard segment members of the Super Committee will be electronically polled with “multiple choice” style preferences to pre-determined questions. These questions may or may not be the same as those given to the public.

Mr. Pedrow has indicated that the responses from the public and the Super Committee will be compiled and presented to the Planning and Zoning Commission on February 15. That meeting is held in the Council Chambers at 7:00 PM and also has a Public Invited to be Heard Segment.

On February 21, the results of all three events will be presented in a Study Session to the City Council in the form of Draft Regulations. At that point the council may address an extension of the moratorium, provide additional input as to what should be included in the Regulations Ordinance, or accept the draft regulations as presented.

Barring any extension of the moratorium, the First Reading of new regulations will occur on March 13 and the Second Reading and Public Hearing will be held on March 27, 2011. If the ordinance passes, it will become law in the City of Longmont effective 10 days later and applications for permits will be accepted beginning April 18, 2011.