Ark-Tex Council of Government

meetings, letters, etc.

July 21, 2005

ATCOG meeting Omaha, Texas 10:00 a.m.

George Neill from Stafford Texas nominated to Solid Waste Advisory Board

Two votes for 9 Abstain-voted to board to represent Red River County

Lives in Houston

Mother lives in Athens

Supported by Diane Atkinson-ATCOG

Engineer for Landfill for Edwin Kelsoe/Mark Lesher/George Neill

250 Acres (Avery Texas)

Team:

HEC ENVIRONMENTAL

Leon Sanderson Pres.

Ed Hanna

409 Hazel Street

Texarkana, Ark. 71854

870-772-4700

Lynch Surveying Company, Inc.

3606 Magnolia Street

Texarkana, Texas 75503

903-791-1392

800-290-1392

Biologist:

J. W. Smith, Jr.

Wildlife Management

P.O. Box 452

Clarksville, Texas 75426

General Permiting:

R.D. Acuff

4102 Bobwhite

Robstown, Texas

TCEQ connection: Cecil Wayne Lee 512-239-6815

NEXT Meeting Thursday July 28. 2005- Omaha

July 21, 2005 Letter to L.D.Williamson, Ark-Tex Council of Governments after meeting in Omaha, Texas

Mr. L. D. Williamson

Ark-Tex Council of Governments

P.O. Box 5307

Texarkana, Texas 75505-5307

Dear Mr. Williamson:

The City of Avery adamantly disagrees with the nomination and election of George Neill to represent Red River County on the Solid Waste Advisory Board. The nomination and election took place at Omaha, Texas this 21^st day of July. Mr. Neill lives in Houston, Texas and is head of the engineering firm seeking a landfill just outside the city limits of Avery, Texas and which the city adamantly opposes. We feel this is a conflict of interest and a direct contradiction to the guidelines for membership of the committee. We protect wholeheartedly and demand a review of the minutes and procedures followed to come to this conclusion.

Sincerely,

Bill Trimm, Mayor

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July 25, 2005

To the residents of Avery:

I am sure that you have heard rumors of a landfill to be built just outside of the city limits of Avery at CR 4325 and U.S. Hwy 82 West. It is no longer a rumor. The allegation is indeed true.

The City of Avery is adamantly opposed to the building of a landfill at the above mentioned location. I will bring you up to date on what the City of Avery knows concerning the landfill and those responsible for the construction.

First, let me start by telling you that an application for a permit was presented to ARK-TEX Council of Governments dated January 7, 2005. The city of Avery is supposed to be notified of such meetings and receive an agenda. We received neither. The application has to be approved by Ark-Tex Council of Governments before it can be forwarded to the Texas Commission of Environmental Quality who issues the permit. In January Ark-Tex Council of Governments tabled the item on it's agenda. On Monday, July 18, 2005, the City of Avery received two phone calls relaying the fact that Ark Tex Council of Governments was having a meeting on Thursday, July 21, 2005 at 10:00 a.m. in Omaha, Texas at which the agenda listed a presentation from George H. Neill, engineer for the landfill. We were asked if we had been notified and the answer was no, we had not. We did not know. We never received a copy of notice or an agenda for the meeting. We had however received one for Thursday, July 28, 2005 in Omaha and an agenda which did not mention the proposed landfill. On Thursday, July 21, 2005 around 8:30 a.m. the city received a phone call stating that there was no meeting at Omaha and that it was on the 28th. A contact from Waste Management called and said that he got a similar phone call and were we going anyway. I called the home of a board member that I know and that board member was on their way to Omaha. I called Waste Management back and told them we were going anyway. We arrived around 9:45 to the meeting site which was the First National Bank building on Hwy 67 East. There we saw Edwin Kelsoe, Mark Lesher, and George H. Neill. Everyone looked quite surprised that we (myself, Lynn Stephenson, and Billy Martz) were there. Others we knew were Red River County Commissioner Josef Hausler, David Crooks from Waste Management and their landfill manager from Ft. Worth ( who is over all of Waste Management landfills), and Paula Booth ( Code Enforcement Officer for Dekalb).

In a surprise move for us during the meeting, the Ark-Tex Council of Governments elected a representative to the Solid Waste Advisory Committee to represent Red River County and it's residents. The nominee was George H. Neill. Mr. Neill is the engineer to oversee the building of the landfill at Avery. He lives at Stafford, Texas southwest of Houston. They put a man on that committee to represent the citizens of Avery, who has no obligations to Avery or it's citizens but has a huge obligation to Edwin Kelsoe and Mark Lesher to get the Landfill built. Commissioner Josef Hausler voiced his concern and disapproval as did everyone from Red River County. Mr. Neill was elected with 2 votes yes, 9 abstains and 1 no. With a vote like that, how could they put him on the board.

Afterwards, he made his presentation to the Ark-Tex Council Committee. There were questions about the rumors of the landfill for the past 8 months without any real answers. Mr. Neill made his presentation based on the fact that the New Boston landfill was at the end of it's service life with 1 to 2 years to go. Waste Management representatives reported was not only incorrrect but that the New Boston landfill had purchased more land and had their permit renewed for 19 more years. He did state later that they had in fact been working on this project for a year with the help of Wayne Lee from the Texas Commission on Environmental Quality at 512-239-6815. I and my staff have repeatedly contacted TCEQ for answers and all times were told that no application had been received from Mr. Kelsoe/ Mr. Lesher/ Mr. Neill. We have in fact seen and possess a copy of the original application submitted to Ark-Tex Council of Governments. Mr. Neill refused to disclosed their investors and did not want to disclose their team as he called them. After much pressure from the committee, he disclosed their team as follows: Edwin Kelsoe, owner; Mark Lesher, Attorney; George H. Neill, Engineer; Leon Sanderson & Ed Hanna, HEC Environmental, Texarkana; Lynch Surveying, Texarkana; J.W. Smith, Jr., Biologist, Clarksville; and R.D. Acuff, General Permitting, Robstown, Texas.

Bear in mind that we have a copy of the original application that was presented in January, not the new application. It has been updated and revisions made. We have no idea what the added information concerns. But we do know:

Landfill Type: Type 1 Landfill

Type 4 Landfill

Type 4 AE Landfill

Type 5 Landfill

with , "Do you intend to accept out-of-state waste"? Answer: Possibly

Waste: Municipal, Brush Demolition, Sludges, Tires, MEDICAL and miscellaneous waste.

with the statement that LAND IN ADDITION TO THIS 250 ACRES IS AVAILABLE FOR EXSPANSION. ( Making another rumor about buyouts from private residents another possibility)

When asked, " How you plan to support this goal"?: Answer : Subregions such as EASTSIDE-DALLAS will be considered for service.

The Ark-Tex Council of Governments will meet again on July 28, 2005 but we have been told that the landfill is not on the agenda. We plan to attend the meeting just in case they are wrong again.

The Texarkana Gazette will be meeting with private land owners at the Avery Shelter at 1:00 p.m. Monday July 25, 2005.

I have called a special meeting of the Avery City Council for Monday July 25, 2005 at 7:00 p.m. after which plans for a public meeting will be put in place as quickly as we can get all information together.

Petitions against the landfill went out on Friday, July 22, 2005. Please sign them. They will be available over Red River County by the end of July.

The Ark-Tex Council of Governments will be meeting in August to either approve or disapprove the application by Mr. Kelsoe. We must all be at that meeting. When the City if notified of the date, we will notify you.

Please know that we are on top of this situation and are doing everything in the City's power to handle it. We will keep you as informed as we possibly can. Should you have any questions, do not hesitate to call or visit us at City Hall 903-684-3825.

Sincerely,

Bill Trimm, Mayor

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