12/07/2009 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Special Council Meeting Minutes December 7, 2009 Page 5 You may adjust a number of things. Maybe adjust the wellhead a little bit. But all of this is, the siteing is effectively a done deal. Mayor Rinker put it to him, all right, what if we want to put it somewhere else and maybe that's directional drilling and it's a greater expense for the driller. How do we address and we reach an impass. In a sense, he said, well, you know, I thought about that but I think even if we had an appeal mechanism they probably would just decide the same way. Well, that's chief, judge, the jury, the whole thing. That's a perspective. Mayor Rinker thinks he is being sincere, but it's awfully naive for anyone to say that if you don't know that your decision may be reviewed by somebody else that isn't going to give you a second thought. It's like looking in the mirror and seeing a police car. We aze trying to .do something where at very least we have due process rights that currently we don't have. Mayor Rinker has no false illusions, though similar to liquor control, the limitations to what that appeal allows are pretty stringent. There's not a lot of flexibility in attacking the issuance or the renewal of a liquor permit, but there is an opportunity and there have been instances in which those permits have been defeated because that opportunity presents itself. Mayor Rinker would like to think that what we can accomplish out of a11 of this is something at the point that the Senate and the House have to negotiate. It's like watching talking heads t.v: We've got an extreme perspective between the two. Again, Mayor Rinker is talking secondhand, but this is his understanding and he knows some of you have seen firsthand, but there is a dynamic there and we expect there's going to be some real dialogue between the Senate Bill. Everything we have been told to date is that Senator Niehaus' Bill is the one that has legs. That's really the vehicle. Senator Grendell's the gadfly. A role that'he loves to play and he can play very effectively. That's why sustaining this chorus is effective. But what we are looking at right now, the lead horse is going to be the Niehaus Bill and how we can affect it. And maybe we don't get something right now in the Senate but we would like to thirik that by sustaining this and by pressing this as we have at the point of negotiation between the Senate and the House, things such as this can be done. Mayor Rinker will have 1VIary Beth copy the talking points with the Director and make tlus available to you. IYs not huge, but at least it's representative of how a number of different Mayors and Managers have articulated points from their community. Mayor Rinker thinks you will agree, a lot of these aze similar to things that you have been talking about. There were 8 talking points that we had with the Director: 1. What additional safety procedures aze being created in Senate Bill 165? 2. What is the state enforcement mechanism and is there a role for locals regarding enforcement and safety inspection issues? 3. Are there improved notice provisions for local government? ?? . ,