DISH, TX — Shortly after a natural gas well was fractured using the controversial technique of hydraulic fracturing, a private water well within a thousand feet of the natural gas well site began showing sedimentation.  DISH resident Amber Smith says shortly after the well was fractured a fine sand like sediment was present in the water from their private water well. The Smith family installed a water filtration system shortly after the sediment became present and continued using the water.  However, after a year the sedimentation reached the point that it clogged the entire plumbing system, and the water well is now unusable.

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The Smith family removed the tank from the water well and removed over ten pounds of the sand like substance.  After dismantling and cleaning the well system, the Smith family reassembled the well only to have it completely obstructed after only 30 minutes of operation.  Devon Energy who is the operator of the gas well has refused to take responsibility for the failure.  The Railroad Commission of Texas responded and took samples of the tainted water for limited analyzing.  The town of DISH also had independent testing accomplished to determine the content of the sand like substance.   The water well owned by the Smith family shows levels of arsenic at 7.5 times the acceptable level for drinking water.  The water also contained lead at levels that were 21 times above the acceptable levels, and chromium at more that double the allowable limits.  Independent testing shows elevated levels of butanone, acetone, carbon disulfide, strontium, as well as heavy metals, all above safe drinking water standards.  The town is awaiting additional test results.

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DISH is located in the epicenter of the Barnett Shale gas play and is home to a megacomplex of compressor stations, as well as pipelines, metering stations, gathering lines and gas wells.  The town of DISH spent nearly 15% of its annual budget on a comprehensive air study after months of complaints to the state regulatory agencies and the operators of the compressor sites, gave the citizens no relief.   DISH mayor Calvin Tillman says that “we are finally getting our air cleaned up, and now our water is showing signs of pollution,  we take two steps forward and three steps back”.  These results clearly show a correlation between the natural gas drilling process and water contamination, and this industry should no longer make claims that they have never contaminated a water source.   DISH resident Amber Smith is extremely concerned that her young children has been drinking this water.    Attached is a photo of the contaminated water.

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May 5, 2010

“Gas Companies Are Picking the Pockets of the Citizens of Pennsylvania”

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There have been a lot of my friends in the industry who have found it necessary to begin aggressive personal attacks on me.  Several industry publications, such as the Powell Barnett Shale Newsletter have had articles and editorials stating that I am pretty much everything but a nice person.  This activity is not new; however, the intensity has been elevated and it has gotten much more personal.  This tells me that I must be making an impact, or they would not attack me personally. This also tells me that they have given up on attacking the message, now they are only attacking the man.

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Obviously, anyone who would bother to read the Powell Newsletter knows that it is industry funded.  As everyone also knows by now, I do not accept compensation or travel expenses for my presentations, and unfortunately those at the Powell Newsletter can’t say the same.  They are in all reality a paid cheerleader for the natural gas industry, join me Gene…rah rah rah…gooooo… Chesapeake.

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Frankly, if the industry wants to truly be successful they would embrace the ideas that I bring forward, which is doing business in a respectful and responsible manner.  I find that in every presentation I give, there are always a few who show up that have read the propaganda and are looking for a fight.  However, after listening to my message it is apparent that I am not some anti-drilling wacko and the picture that has been painted of me is inaccurate, and it is always nice to hear that they agree with my points before they leave.

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Everyone knows that the industry has an ugly baby, except for the industry themselves.  I know it must be difficult to admit your baby is ugly, but like they say about alcoholics, you must first admit you have a problem before you can move on.  Instead this industry continues to deny their baby is ugly.

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There is really no doubt for anyone who has accomplished even a small amount of research that there is certainly a downside to this industry.  If this downside is not mitigated in some manner we will be looking at a mess that will need to be cleaned up down the road when all of these companies are long gone.  As history has shown us, these companies are typically nowhere to be found when it comes time to clean up the mess.  That cleanup project is left for the citizens and taxpayers, not the companies who made billions making the mess.  The industry will outsource this cost to the hard working American people, just as they try to do for all of their costs.

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The industry wants us to believe that they are a fledgling industry who cannot afford to take simple measures needed to make the shale plays a win-win situation.  I think that most of us know that this industry spends billions lobbying to prevent them from being mandated to do it right.  Therefore, they could and should do this process more responsibly and respectfully.

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They are picking the pockets of the citizens of Pennsylvania, who will be paying for the mistakes made by their elected officials for many years to come.  This state is one of two that have oil and gas activities, and do not have a severance tax for the minerals.  They pay this tax in every other state, and will gladly pay it in Pennsylvania, but continue to lobby for the outsourcing of their costs to the taxpayers.  This could be billions when it is all said and done, but as it stands, the billions will come from hard working Pennsylvania taxpayers.

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Every location that has natural gas exploration in Pennsylvania has something in common, and that is destroyed roads.  Instead of being the good neighbor we keep hearing about, they outsource the cost of the road repair to the taxpayers.  However, these small communities simply can’t afford to pay the hundreds of thousands of dollars in road repairs; therefore, the citizens in these areas drive on destroyed roads, worse than I have ever seen.  If the natural gas industry wanted to improve their image, they should embrace a severance tax in Pennsylvania, instead of chasing me around the country.

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As the oil slick in the Gulf of Mexico shows, we are one wrong move from a catastrophic event.  As any good Texan does, I really enjoy my gulf shrimp.  Unfortunately, thanks to the reckless actions of this industry, it will likely be several years before I can enjoy it again.  That is not the bad part though; the bad part is that something similar will happen here before this is over.  It is only a matter of time before we have that catastrophic event somewhere in one the shale plays.  However, in the shale plays they have put this hazardous activity in school yards and neighborhoods.  So guess what is going to happen when the catastrophe happens here?  There will be a lot of dead people.

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The last editorial written by Gene the “propaganda machine” Powell himself, was entitled “All Hat and No Cattle” (http://www.barnettshalenews.com/documents/2010/TillmanEditorialAllHat4-27-2010.pdf).  I must admit that I do not have any cattle.  However, I would like to have cattle, but I am afraid they would die or abort their calves, like they do in the small town of Clearville, PA, home of Clearville Gas Storage.  In this area the hard working Americans have to purchase their own filtration system to take the high levels of arsenic out of their well water.  Most of the surface and ground water has been contaminated by this reckless industry in Clearville, PA.

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As one of my new friends in Pennsylvania said, I am the new villain for the industry extremists.  They rally around the Powell Newsletter, which gives me an entire section of every issue.  Whatever happens, they blame me for their problems.  If a large landowner refuses to sign a one sided lease, it will be my fault.  If a community demands that the industry be responsible, it is that Calvin Dewayne Tillman’s fault.  When people rally around the idea of a fair and equitable severance tax…yep, you guessed it…Calvin’s fault.  It has nothing to do with the industry that has contaminated dozens of private water wells in Pennsylvania, and is destroyed air quality and property values wherever they have been, leaving a path of destruction in their wake.  It has nothing to do with the industry that outsources its cost to the taxpayers, while its executives make hundreds of millions dollars in bonuses.  Nope, those things have no influence on public perception.  It is only that mayor of DISH; Calvin Dewayne Tillman, that causes all of this grief for the natural gas industry.

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If the industry would be responsible and respectful, instead of searching out a new way to attack me, they would be much better off.  However, it appears the more they attack me, the more people come to see what the big deal is.  As bad as they hate it, every presentation that I give is to a packed house.  Furthermore, I find dozens more who want me to speak in their town.  People want to know the truth through eyes of someone that has lived it, not a paid cheerleader.  I truly wish the industry would do the smart thing and let me help them become responsible and respectful.  However, they are going to continue to be the irresponsible bully, blaming me for all of their problems.

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Mr. Powell is right on another matter; I have no shortage of arrogance against this industry.  Maybe it was my Oklahoma raising, or the fact that my parents would not allow me to stand by while a bully ran over those too passive to defend themselves, but I am not afraid of this industry and certainly will not be deterred by their personal attacks.  Frankly, seeing this fear that has been struck in these industry extremists keeps me going, when my energy has run out.  You should see the looks on their faces, when I walk over and shake their hand.  So I hope Mr. Powell and the extremists keep “Poking the Bear”, regurgitating the same propaganda, because in the end, that may be what forces them to be respectful and responsible, and hopefully those companies that choose not to will perish.  God bless.

Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

“Those who say it can not be done, should get out of the way of those that are doing it”

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I am not sure what planet Mr. Triebe is from, natural gas is odorless, until an odorant is added to it. The Town of Dish has had the odorizing units removed from these sites located here because they were so noxious. Tell him to come back to town and breathe deeper. Six people have died of cancer surrounding this site in the last 2 years.

Public school funding is a battle in every state election in Texas, because our school property taxes are the highest taxes that we pay here. Mr. Triebe needs to buy a home here and get some of his free schoolin’, at tax paying time.

I have raised 5 children here, ages 19 to 29, all but the one U.S. Marine fighting in Afghanistan, have attended college. No one in Denton is giving away free college to the youth of the Barnett Shale.

The average locomotive for a freight train has a 1,250 horse power engine, can you hear one of those, Mr. Triebe? The compressors in the Town of Dish are as much as 3,550 horse power. And there are 11 of them. Are you stone deaf?

We have documented daily sound readings of 80 to 125 db. 85 db is the level of a gas lawn mower at full throttle. 110 db is front row at a rock concert. 120 db is the human pain threshold.

The issue with a gas pipeline buried across your property is once this 24 or 36 inch pipeline is buried there, you can not do anything with the property for 25 to 50 feet either side of it. You cannot build or develop the land in any way, No buildings, No structures. No roadways. And no one is going to buy it from you,either. Of course if it leaks all of your worries will be over, permanently.

I grew up in the oil field. My father has been honored as an oil field pioneer. The oil and gas business is a dirty, filthy and loud business.

There are some new drilling rigs designed to be quieter and somewhat less of a pain, but those are one in a million, at this time.

I am not against the oil and gas industry, exactly the opposite! I am against the way some operators are performing in the industry. We have had some operators come to town and work very hard to work with us. And I am proud of them for their efforts. And we have others that are trying to kill us and our children, for their profit.

Sincerely,

Bill Sciscoe
Town Commissioner, Dish Texas

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Dear Mr. Graves,

I received a copy of your article, “DISH, Texas Is Not So ‘Despicable,’ Colchester Town Council Is Told” from un-naturalgas.org.

I am a retired Ch. E. and physicist who lives in Fort Worth, TX. I am also a well informed student of the gas industry and horizontal drilling. Mr. Triebe’s story contains a number of errors.

* He didn’t stay in a motel in downtown Fort Worth, because there are none in downtown Fort Worth. If he will provide the name of the HOTEL he stayed in I will check to see if there is a drill site nearby.
* Actually, the source of most of the pollution in DISH (about 30 miles up the road) is the megacomplex of compressor stations, as well as pipelines, metering stations, gathering lines and gas wells–not just gas wells in DISH.
* There is no new development “across the road” from DISH.
* I’ve been to DISH several times, and you can hear the compressors and smell the petroleum odor there. No one, including the TCEQ, disputes the emissions there. The contaminants have been found in the air, the well water, and in residents’ urine and blood. No one disputes it.
* Someone told Mr. Triebe a lie about school taxes and college tuition. Was he being shown around by the Barnett Shale Energy Education Council director, Ed Ireland, Ph. D. (formerly of Enron)?

You’ll probably hear from others in this area who have read your article today. I hope so.

Jerry Lobdill
Fort Worth, TX

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As I start my second tour of the Marcellus Shale, there has been a great deal of conversation surrounding my first trip to the area.   During this trip I spoke at 12 events to around 2, 000 people.  I felt that it was a great success and, and helped the citizens of this area learn about what they are about to experience when the natural gas boom begins.  I noticed at several events that there were those in attendance who were not interested in what I had to say.  They were present only to find an angle to dispute what I was saying.  Their minds were already made up and did not wish to be confused with the facts.

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Some have blamed the problems that we have faced in DISH on me personally.  And though I do bear some responsibility, most of the gas exploration activities took place prior to the town being formed, and certainly prior to me becoming mayor.   Also, we must not forget that with the compressor sites the local municipalities have very little control over their actions.  But that perspective really misses the point.  The point is that we were only told of the good things of the natural gas boom, not the negative side effects.  I was hopeful to let the folks of the Marcellus know that there was more to this than what the landman and PR department tell you about.

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We have obstacles in DISH, but frankly we are much better off than many communities in the Barnett Shale, because I have fought for the rights of my citizens.  There are many communities that have bad air and water; we are the only ones that know it and are doing something about it.  We are united as a community and are making the most of a bad situation.  In the end, I may be forced to move my family out of this area, but I am making every decision as though we will live here forever.

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My competence to speak on the matter has also been brought up as well.  The main basis for this was that I had not taken to the time to read the 800 page document drafted by the State of New York’s environmental authorities.  Frankly, I find it very unlikely that anyone has read the 800 page document.  Some may have skimmed through it, but I am doubtful that anyone has read it.  Certainly, if they are not interested in what has happened under similar circumstances in other areas, they are not interested in reading 800 pages of regulations.

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There have also been those who have claimed to actually visit the town of DISH.  They are claiming that DISH is some sort of paradise here in the Lonestar state.  I am actually proud that they would say this about my community.  I have spent most of my free time for the last five years trying to save DISH.  I have gotten all five companies that have compressors, to install noise abatement, paint the facilities with neutral colors and install vegetation.  This facility looks nicer than those that are installed in other areas of the Barnett Shale.  However, even with these precautions, I am doubtful anyone would truly consider this a paradise, or want it in their backyard.  Again, we are making the best of a bad situation.

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Although the facility does have vast improvements over other facilities, the things you can’t see, hear or smell are the major problems.  Our air quality has been destroyed, and it is now confirmed that we are being exposed to the toxins in our air, and it is present in our water.  If the unsightliness of the site were all we had to worry about, we may be able to live with it.  However, if you cannot breathe the air, or drink the water, you pretty much live in a wasteland.

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There has been some new schools built when the natural gas prices were high and they had to raise taxes when the prices dropped.  I am not aware of any program that gives children in the area free college tuition.  All of my neighbor’s kids have gone through that phase and got no help for living in this area.  He is a mineral owner as well, so I am not sure who is telling Mr Triebe that.  I wish we could get them to clean the mess up, not worried about tuition.  If the kids are dying of leukemia, there isn’t going to be a need for college.

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What this argument really comes down to is money.  If money were not involved, everyone in the Marcellus would be saying…slow down.  It is those dollar signs that have people’s minds made up, and refusing to be confused with the facts.  They are taking the words of someone who gets paid to sell them on this idea, over a logical point of view that simply says…“take your time and do it right.”  I have never said don’t do it, only don’t do it unless you do it right.  This industry make enough money to do this right, however, as long there are those who will accept the status quo, they will not change.  If those who criticize me would in turn support my views, they may actually get reasonable drilling someday.  However, if they continue down the path that they are going, they will be saying that crazy mayor from Texas was right.  God bless.

Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

“Those who say it can not be done, should get out of the way of those that are doing it”

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In the March 24, 2010 issue of the Walton Reporter, published in Walton, NY, a report on the March meeting of the Colchester town board read as follows, in part:

Harry “Sonny” Triebe Sr., the owner of Sonny and Son Stone Company in Downsville told the Colchester Town council last week that he recently attended a convention in Texas and paid a visit to DISH, Texas, where the Barnett shale formation is being tapped for natural gas.  Triebe said his interest in the Texas community was piqued after the DISH mayor spoke about natural gas development at a recent meeting at Downsville Central School.

Mayor Calvin Tillman had been in the Southern Tier region to alert residents of the pitfalls that development of the Marcellus shale formation may result in and to provide recommendations and proposed regulations for dealing with developers.

Triebe, who is the brother-in-law of Colchester Supervisor Robert Homovich, said Tillman had said property values had gone down and DISH residents were unable to sell their homes.  “There’s a new development on the other side of the road from DISH,” Triebe said.  “He told us there was no building going on, that the market was despicable, that people couldn’t sell their homes.”

Triebe said the residents he spoke to said the value of their homes had gone down due to the placement of compressor stations and pipelines in their backyards, but, “The thing that makes these people unhappy is that they bought these homes five years ago, and this stuff went in three years ago, and the developer knew it was going to happen and didn’t tell them.”

Triebe also said he found no evidence of a smell emanating from the gas wells.  “We traveled all the way around DISH, Texas and I didn’t smell a thing, ” he said.  He said he also stopped his car alongside a compressor station, and “I didn’t hear a thing.”

Triebe also showed a picture of installed gas lines.  “(Tillman) showed us a picture of pipes all over the guy’s yard, does this look like a mess to you?”

Triebe also criticized Tillman for what he didn’t tell the concerned residents at the Downsville meeting.

“I found out that they pay no school taxes,” Triebe said, “and in the three-county area, their kids can go to college in Denton for the first year for free, and it’s all because of this gas drilling and the Barnett shale.”

Triebe said the motel he stayed at in downtown Fort Worth had a drilling rig in the backyard, as well.  “If you closed the window in the room we were in, you heard nothing,” he added.

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On April 17, 2010, Calvin Tillman, mayor of Dish, Texas, and Texas citizen & landowner Tim Ruggiero address an audience in Clearville, PA as part of Tillman’s return visit to NY & PA, 4/15-19

Must-see:  Spectra Energy Watch’s blog  -  “Two Texans Share Shale Gas Experience”

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The continuous air monitor is now up and running in DISH.  It is now available 24 hours a day, seven days a week.  I am thrilled of this development, and this is a real victory for the citizens of this community.  You may see the data at the link below, and please spread the word.

Calvin Tillman
Mayor, DISH, TX

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As I return from almost a full week touring the Marcellus, I reflect on all the people I met for the first time.  Many of these people had spoke via phone or email with me on several occasions; however, most had never met me in person.  These folks welcomed me into their homes as though I was a lifelong friend or family member, not a complete stranger, who lived thousands of miles away.  I was impressed with the genuine values that my new friends possessed.  I could not begin to try to thank everyone individually, so I will just say thank you to everyone I met on this trip.

Although I was invited, and a few worked extremely hard coordinating my packed schedule, this really was a vacation for me.  My new friends just gave me a reason to see this new land, like I had not seen it before.  It had been burning inside of me to see how other gas shale plays were being accepted, and if the companies acted better there than they did here in DISH, TX.  Although, I spoke at a dozen events during this tour, meeting new people and sharing their experiences was the real joy.

It was purely amazing at how many people traveled across snow-packed roads, and got up early on Saturday morning to let me share our story.  Also, there were dozens of public officials who opened their minds to listen to me speak.  During five days of speaking, almost 2,000 people came to hear the story of DISH, TX. What further amazed me was that no matter where the event, the seats were full.  Whether, the church in Oneonta, school in Downsville, or the movie theater in Elmira, the seats were pretty much full, all the way until my last talk in Callicoon, that was standing room only.  It amazes me, that this many people came to share our stories.  The crowds continued to grow, and I reached almost 1,000 people on Saturday alone.  What was even more amazing was that even those who did not share my views were respectful and courteous.  Some of my friends in the industry had went to great lengths to create a hostile environment for me in the Marcellus, and that simple did not happen.  Even those who asked the hard questions, which I welcomed, were respectful.

I was further impressed by the convictions of my new friends to their cause.  Many had turned down the opportunity for vast fortunes, and chose not to climb into to bed with the energy company landman.  When approached with these prospects, they simply said “no”.  I am not sure that I have ever met such a large group of unselfish people in my life.  Willing to forgo money to hang on to their way of life.  I am not sure how to describe the respect I now have for my new friends.

My main purpose for this trip was to let people know that there was more to natural gas exploration than a signing bonus, and a monthly royalty check.  It had been my hope to allow folks to make a decision with their eyes wide open, not their eyes wide shut.  I think there were many that began to think about this for the first time after listening to the story of the town that was sacrificed for the good of the shale.  There are some that will never listen, and only look for the one thing that can give them a reason to say “it won’t happen here”.  For those, it would not have mattered what I would have said, their minds would not be clouded with the facts, it was already made up.

Another reason for wanting to take this tour, was to see for my own eyes how others were being affected by the shale boom.  I have been trying to get stricter regulations here in TX and urged my new friends in the Marcellus to pursue the same.  If this extraction of natural gas is going to take place, it must be tightly regulated.  However, some of my new friends don’t believe that it is possible to perform this safely, even with the tightest regulations.  After visiting Dimock, PA, it was hard to argue with their logic.  I got to meet the lady whose water well exploded, and tears filled my eyes when I heard the story told by another lady whose children would get sick after drinking the water from their once clean water well.  I saw the tainted water from another poisoned well, and frankly, was not prepared for the emotions felt when we delivered fresh water to a family that had been refused this right by the drilling company.  Some were getting water delivered by the company who poisoned the water, but a few were denied one of the simple rights that we should all expect as hard working Americans.  Cabot Oil and Gas, has essentially turned this small neighborhood into a third world country, and won’t even show those they are poisoning the courtesy of delivering water to them.  These families would have surely been better off, if the shale had passed them by.

In DISH we have dealt with the air toxins, but unfortunately we have not given the water much thought.  There certainly have been issues with water here in the Barnett Shale, but nothing like water wells exploding.  However, that does not mean that we do not have water quality issues, it just means we don’t know it if we do.  No one knew six months ago that we had toxic levels of chemicals in the air surrounding several natural gas wells and production facilities, and therefore, we should think about our water here as well.  This trip made me think about issues that I not previously thought about, and that was the greatest gift I received.

I have never been to a place where I received such a warm reception, and on some days I was passed through several people.  By the end of the week, you would have thought, I had lived there my entire life.  I even got to see the local hero Josh Fox, who put me in his now famous documentary GasLand.  Some even went as far as to declare that I had been adopted as their own mayor.  And though I missed my family something terrible, I was saddened to have to leave such a clean and beautiful place, and return to the dirty ole town.  I can now see why my new friends want to maintain their clean air and clean water, and I hope to help them do it.  I am glad to announce that I will be returning to the Marcellus Shale in April, to complete my tour, and see my new friends again.  Thanks again for accepting that crazy mayor from Texas into you homes and lives.  I hope it was a good for you as it was for me.  Please post this on your blogs or pass on to your mailing groups.

Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

“Those who say it can not be done, should get out of the way of those that are doing it”

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From Calvin Tillman, Mayor, DISH, Texas,  recent media reports on air quality:

Cancer-causing toxin found in air near gas facilities

State says more tests needed to assess cancer risk

Scientists call for more Dish air studies

Food for thought:

  • Is this what we want here?
  • On what basis doe the DEC’s draft Supplemental Generic Impact Statement base its claim that air quality isn’t going to be much of an issue in NYS?
  • Natural gas accounts for about 24% of electricity generation in the US. What’s our individual responsibility to people living with the effects of natural gas extraction and transmission, no matter where it’s happening?

It’s past time for a real change.

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“Pretty much in the middle of nowhere” describes a lot of places in upstate New York.  What natural gas has done to DISH, Texas, it will do to us too.
dishtxcover

"DISH is located just off FM 156, a few miles west of I-35 and Denton. It's pretty much in the middle of nowhere, which, from the drillers' point of view, made it the perfect place for gathering, compressing, and transmitting natural gas to and from all directions." - Fort Worth Weekly, 10/14/09

And what has the natural gas industry done to DISH, Texas, that it will also do here?  Here’s an excerpt from an October 14 article:

The wind blows through pretty freely now, however, since most of the trees have recently died.

“After the explosion and what happened to my horses, all my boarders took their horses out of there,” said Burgess, now 56. “Who could blame them? This was going to be my retirement, but now it’s valueless.”

The words “valueless” and “worthless” come up a lot in conversation with people from DISH.

Read the entire article:

Sacrificed to Shale

More from DISH’s mayor:

The news that I continually get makes this nightmare worse and worse. I have yet another twenty something young lady who has undiagnosed neurological problems that started when she moved here. She has been shipped out of state for testing on a number of occasions, and they have been unable to diagnose the problems she is having. I am having difficult time in know what the next move should be. I wonder if there is a medical doctor out there who may come to help us here? Maybe there would be someone who could perform toxicology tests on the citizens. Please give me any input you may have, and if you know of anyone who may be willing to help, please let us know. Maybe you could post something on your websites or blogs soliciting help. Together I know you reach thousands of people. Thanks.

Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

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From Calvin Tillman’s blog:  http://www.baddish.blogspot.com/

When taking over as mayor of DISH, the first question that was asked by the local media outlets was to respond to the fact that our property values as a whole had decreased considerably from the past year. This is where small towns and cities get the bulk of their funding, through taxes on these property values. Therefore, if the taxable value goes down, naturally the revenue for the town does as well. Now I must say that I am opposed to unnecessary taxation, and therefore have done everything I can to make the taxes here the lowest in the area, and succeeded. However, the town has doubled in size over the last couple of years, yet the taxable value continued to drop. This baffled me how essentially the total value of the town drops every year, while were experiencing massive growth.

Not only did it baffle me, but it concerned me. As most small towns do, we use the county tax assessor’s office to perform the tax collection service for us, so they were my first call. When they explained the mineral values were the cause of this drop, and that was sixty percent of our tax base, I was again stunned. As you know we are located in the middle of the Barnett Shale, and have had a great deal of exploration in this area. So what would cause the values to continue to drop? This was also during the timeframe when natural gas prices were climbing to all time record highs.

As I investigated the source of the decline in my town it all started to become apparent. The property values not tied to minerals have continued to drop. I believe this is mostly due to the massive natural gas compressors, pipelines and metering stations. They have all but made the surface property here worthless; however, that does not account for the minerals which is over half of our taxable values. I then found that on average, each well drilled loses fifty percent of its production after the first year. That is a huge drop in production in only one year. So that tells me that the only way to maintain the same mineral value is to drill fifty percent more wells every year. So if you have ten wells this year, you would need to drill five more next year just to maintain the same production.

Many of the local cities have went on a sort of spending spree with the new found wealth from the natural gas minerals, and are now finding themselves in a financial crunch. The facts that I taught myself through this simple question from an intuitive reporter has made a world of difference on how I approached this problem here in DISH. We are frugal at best here, making the most of every dollar we get. We have cut the town debt in half, built a massive park, a library, repaved roads and performed substantial upgrades to town facilities and done this while lowering taxes and not dipping into the emergency fund we have in only two years.

To the real point, is what do minerals play into all of this? As previously mentioned we have over half of our tax dollars that come from the minerals, more specifically the revenue we received in 2007 was made up of 56% mineral values, in 2008 that number jumped to 64%. We have not gotten the completed numbers for 2009, but they will likely be similar. The dollar figures for this are 14, 500,000 in 2007 and 22,277,000 in 2008 in property values from mineral.

On the surface the benefit from this industry seems huge. We are a small town and they double our value. But I also compare this to the drug “heroin”, due to seeing the other towns which have gotten addicted to th e drug and when the drug goes away, (when they price of natural gas goes down 75% as it has), they find themselves in a financial crisis. Also, most people do not take into account how much it costs to have this activity going on. I can only explain what goes on in DISH, TX, but will attempt to explain the drugs side affects.

First and foremost this exploration destroys roads, which are very expensive to maintain and replace. None of the existing roads were designed to withstand the constant pounding from an 80,000 pound waste-water truck. Nor were they designed to handle the larger equipment that is used to drill and refracture the wells. To build roads to handle this traffic can cost millions of dollars.

If the municipality owns the roads, they can force the companies to sign a road use agreement, which forces them to pitch in and help the roads. Most of the cities in the area have agreements like this in place. If they do not, then they are foolish, and are likely costing20their taxpayers a great deal of money by not forcing the companies to pay. However, the drilling companies are going to take whatever measures they can to keep from paying damages to the roads. The City of Argyle found out the hard way when they were sued by XTO over road work.

Here in DISH many of the roads are not owned by the town. This is both good and bad; it is good because we don’t have to pay for the major upkeep of these roads. However, if we don’t own the road we don’t have much control either. For example, we have implemented a weight restriction on all of the roads that we do own, but we can not enforce this on roads that we do not own. Unfortunately, the county does not have the capability to force these companies to have road agreements and pay for what they destroy. Therefore, the replacement and repairs come from the general taxation, or bond elections, not directly from the gas companies. So as you might guess it is a juggling match20for the counties to keep the roads drivable for the average vehicle.

One example of that is Eakin Cemetery Road, which goes through part of DISH, but is owned by the county. A pipeline was being installed in this area, and the equipment used in this process is massive. Please note that the pipelines must be included in the cost of this exploration, even though they contribute little to the towns or property owners, and take a lot in return. I will discuss how bad they hurt the towns later.

When this line went in the companies used Eakin Cemetery Road to access the route. They completely destroyed this road and virtually made in impassible for the average vehicle. You could literally see the grooves where the truck tires that hauled massive equipment went. The pavement was cracked and torn from this equipment and the pipeline companies did nothing to prevent or repair this. And though the county does work hard to keep the roads in reasonable shape, when something like this happens in takes a while to plan the repair; therefore, the citizens here were forced to drive on the impassible road for quite a while until repairs were made.

There is another impact that can be recognized quickly, and that is the affect that the exploration has directly on surface values. I am sure that there are some who believe the propaganda and are fine with having a well or pipeline in their front yard. However, regardless of what you may have heard, they are the exception not rule, especially if you have a small population of mineral owners in your community. The average person will not purchase the property right next to a well site or compressor, providing they are made aware of it. Unfortunately, most of the mineral owners in this area have kept the minerals and moved on to someplace else. However, when they have tried to sell their property with wells and pipelines on them, it has not been successful.

Although you may see a boost in your tax rolls for the short term, you will pay in the long run with the drop in property values. For a small growing community like DISH it especially provides an obstacle for quality growth. There have been four large tracts of property for sale in DISH for several years with no real interest in purchasing the property. If you do manage to get some interest in the property, it will likely be something like a pipeyard or something else that continues to devalue the surrounding property. So getting quality growth in an area that has a large amount of exploration proves to be a large hurdle if not impossible.

The above paragraph dealt with the exploration of the mineral, now we must consider the pipelines, and appurtenances to these pipelines, such as compressors or metering stations. These facilities have dealt us a very harsh blow without giving much in return. This is highlighted by a previous illustration of the pipeyard. The gentleman who unfortunately lives next door to this compressor site sold off a piece of property to a developer who built 18 homes that average around $200,000 each. However, after the compressors were there, he has not been able to give his property away. He was only able to lease some of it to a company that stores pipe. That is the best he can do now, and that in itself is very low quality growth and makes the area even less desirable.

Another illustration that has been used by me before is the gentleman who has had 63 acres for sale now for several years. He purchased the property as an investment, and now has three pipelines and an above ground valve. He can not give this property away. As he reaches retirement age his retirement has been stolen from him. This is no different than Enron or any other scandal, only it has been made legal thievery. There are two other pieces of property that have been for sale for several years, one of which is a large parcel of about 70 acres and the other is about 10=2 0acres.

The above examples are heart wrench when you look at how much it has cost the property owners, and only one of the above mentioned owners has any substantial mineral interest. Therefore, they others are merely victims of circumstance. However, as this gets to the point of whether this all is really worth it, I believe that if all of these property were sold and developed it would add somewhere around $20,000,000 in property values, which is more than the average in mineral values over the last few years. I also believe this is a very conservative estimation, it could be more.

So would you rather have homes than minerals? Homes in theory will increase in value over the long term while minerals will drop. Although, this has not been case the last couple of years, in the long term this has held true. Also, natural gas is a commodity, and its prices are much more volatile than housing. For example=2 0in the last couple of years the lowest price of natural gas is about 25% of the highest; therefore, you have seen a 75% drop in prices in a little over a year.

In DISH we have focused on overcoming the boom and trying to get quality development. We have worked with a number of developers to annex their property into the city. All three of the major annexations we have had since I became mayor, have been solely to protect them from the development of the minerals and total destruction of the surface values that accompany it. This is not saying that we do not allow drilling; we just force the companies to do it responsibly. We have a pad site that is right in the middle of one of these subdivisions and it really does not look that bad. It is lined with an eight foot concrete fence and most of the stuff inside including the tanks is not visible beyond the fence. However, the companies will only do this when they are forced too, they will not volunteer it.

So how about all those mineral owners who have gotten filthy rich? Here in DISH there have been some folks who have made a great deal of money on the minerals. However, most of them had lived here their while life, and had property handed down over the generations, otherwise they only have a small portion of the mineral rights. Therefore, there are only a few that are still alive that have a major portion of the mineral rights, and as previously stated most of them have moved away to someplace that they do not have to deal with the mess that is left behind.

This area was the beginning of the Barnett Shale, if I am not mistaken the first gas producing well in the Barnett Shale, was within 20 miles of DISH. Therefore, the minerals were purchased several years ago, and the leases were quite low in comparison to the massive leases signed last summer. The lease here is somewhere around 16% royalties with anywhere from $1,000 to $1,500 per acre, not the 25% and $25,000 per acre that have been publicized.

So what does the 16% royalty get you? From what I understand, for someone who owns four acres and has a quarter of the mineral rights, they average less than a $100 a month. Therefore, if you have one acre with 100% of the minerals you would get something similar. Therefore, unless you have a massive amount of land with 100% of the minerals, you are not going to get much money. If you are part of the lease, you must also consider the truck traffic, odor, noise, and you just might be fortunate enough to have a high pressure gas pipeline run through your front yard. All of these things accompany the hundred bucks a month. I do not have any mineral rights, if anyone has another illustration please add it to this posting.

So to the point of, is the juice worth the squeeze? From my perspective as a small town mayor and a property owner, I say no! Not in the manner in which it is being done in Texas. I think that with minor regulation it could both provide the natural resources that we need as=2 0well as not totally destroying the surface values and destroying the growth of these areas. For example, there is no process in Texas for the laying or routing of pipelines. The pipeline companies can literally put them anywhere they want without concern for surface owners and other natural resources. Municipalities do have some limited control over the placement of the wells, but not the pipelines.

The items that were discussed were only the things that are easily recognized. I am still learning the affects on air and water quality and to explore the possible health of affects of this exploration. Although I have recently learned that the companies with the compressor site have learned a loophole that allows them to virtually go without regulation in regards to the air emissions they produce. I will share more on this subject as I figure out the specifics. I have the documents; I just have not digested everything yet.

This also does not include the tens of thousands of dollars in legal fees it takes to offer the citizens some minor protection from these companies. Nor does it take into account the hundreds of hours of my time spent researching and campaigning for more regulation for no pay. So you must ask yourself; is the juice is worth the squeeze? I can support any statement that was made in this posting; therefore, if you have more specific questions, please let me know and I will clarify it for you. To those of you who have visited DISH, I doubt you have any questions in regards to the impact the Barnett Shale has had on us.

Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

“Those who say it can not be done, should get out of the way of those that are doing it”

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http://txsharon.blogspot.com/2009/04/bluff.html
Saturday, 4/11/09

Calvin Tillman, mayor of DISH, Texas, writes:

Known as a “strategic lawsuit against public participation,” a SLAPP suit is meant to intimidate, exhaust and silence critics. Widely considered an affront to the First Amendment, 26 states and one U.S. territory have adopted some kind of statutory protection against SLAPP suits. Courts in two other states also adopted such protections, Texas is not among them.

I had never heard of the above mentioned term, until recently. I further found it was illustrated in a recent article in the local newspaper, the Denton Record Chronicle, when discussing Oil and Gas Industry threats. As mayor of the town that is the crossroads of the Barnett Shale, I have been threatened with litigation on numerous occasions, mostly for trying to hold the companies accountable to their promises given to myself and the other citizens here. You see as previously mentioned, they will do or say virtually anything to get their “nose in the tent”. After that getting them to fulfill those promises, especially if you do not have it in writing, can be very difficult. However, even when it is in writing, they will likely not give in easily. For example, we recently had a pipeline company come through here, Enterprise Texas Pipeline.

Enterprise did not meet many of the contractually obligated conditions, such as covering, or fencing around the 12 foot trench that they left open. When you complain to them, the first thing they tell you is that they will compensate you for any damages to livestock, property, etc. Now lets say you have a $ 25,000.00 horse, which some here do, and it falls into the trench and dies. You are legal bound to get payment for that horse, but unless specifically outline prices in the contract you will get offered $ 1,000.00 for your horse. If you want more than that, you have to sue them and spend $ 15,000.00 in legal fees. This illustration can be applied to anything, such as returning property to its state, planting grass, damages to surrounding property, etc. So you may or may not get what has been promise to you, even if it is in writing. Therefore, after you go through this process once you will be reluctant to do it again, because at the end of the day, they know how much it will cost you to fight them and they know at the end of the day you will not gain a dime by fighting them.

If you hear a company say, “we just want to be good neighbors“, be especially cautious, because the knife is about to go into your back. Also, if you notice the companies be especially nice and going above what they legally have to, there will be more to the story. They likely have plans to add additional facilities next to you, or they are trying to get laws passed that benifit them, and they want you to keep quiet. If you are screaming that they are a horrible industry, the lawmakers are less willing to give in to a sales pitch. They say things on one hand, and then typically act in a different manner. So here in DISH, I have tried to force the seven companies who have virtually destroyed our, civil rights, constitutional rights, property values, quality of life, and likely our health, to just do what they say they will do when they are forcing their “nose in the tent”.

On many occasions, as I have pointed out, they will say just about anything to get in without a fight. A fight takes time and time is money, if you hold them up for six months, they may loose millions in revenue from whatever facility the are proposing; therefore they make promises they never intend to keep, and if they do it will only be after a fight. Once a pipeline, compressor, or metering facility is connected and pumping gas, there will be a customer on the end of that line, and shutting down would mean not being able to provide that customer with gas. Therefore, it is highly unlikely that any judge would require them to shut down until they can install noise abatement, control odor, etc. Please note, that I am not suggesting that we shut consumer’s utilities off in the middle of winter, I am simply stating that these companies know the system, and are willing to abuse and exploit it to their full advantage.

Which brings me to the latest threat of litigation from one of these companies which is Crosstex Energy. Crosstex has done some good things here in DISH, and have been fairly friendly in doing. They would like to make one believe that this is because they are “good neighbors”; however, there is much more to the story. Crosstex attempted to sneak a compressor station into our community, without our knowledge. As stated above once they start pumping gas, you are at their mercy. A compressor can be constructed in a manner that makes as much noise as the air conditioning unit on your home or it can omit 80 + decibel of noise. Obviously, the quiet ones cost much more money than the noisy ones. Also, the quiet ones are enclosed, and are more esthetically pleasing than the open ones, which are hideous to look at.

So Crosstex tried to install the cheap one at our expense. However, although I am small town mayor, I do have a little common sense, so something did not seem quite right. So I took a look, and to my surprise, behind a grove of trees, was the pad for a compressor station. Therefore, I red tagged all of their construction vehicles and shut down the operation. I also called the local media to see if they were interested in this. Fortunately, the media was interested, so there were some photos of the red tagged vehicles on the front page of the local paper. This is when they sent the propaganda machine to quiet things down a bit.

You see at any given time these companies have multiple lawsuits against them, so bad press may fuel some young ambitious attorney’s court case against them. It also brings groups who have the same problems together. During the propaganda, there were multiple promises made, which have not been kept. For example, Crosstex stated during a public meeting that they were not going to put in a huge facility, only a “small building to house 600 HP compressor”, not the big eyesores we were accustomed too. However, they will only go so far as to say that they will never add on, but they sure won’t tell you the real plans. So, as things continue on, and the compressor starts pumping gas they come around with another small addition to the site.

When you push back a little they send the propaganda machine back. For me, there are many of these companies that have only designated people that are allowed to meet and visit with me, all others are forbidden from speaking to me. This is usually the best the company has to offer, and won’t slip up and tell the real story. Please note that their goal is not to be good neighbors, but to complete the company’s agenda. So now Crosstex has plans to install another facility that consists of two forty foot towers, which we here in DISH would compare to being snake-bit. Unfortunately, the State of Texas has given these companies extreme authority; therefore, at the end of the day, we will likely have another facility that brings two 40 foot towers. If that is not bad enough, we just ask that they be responsible, and give the town its full rights to require a permit, with reasonable stipulations, and they threaten litigation.

When the propaganda does not work, the next step is …”the bluff”. They wish to see how serious you are about putting up a fight, so they float the litigation option. When they find that this will not work, “the bluff” gets bigger. They will push the corporate attorneys aside for the high priced downtown Dallas law firm that everyone has heard of. These attorneys start by questioning whether certain ordinances even apply to their client, when there is clearly case law that says it does. Then they will state that the town has some how missed a step in the ordinance approval process, and therefore it is not valid, so it cannot be imposed on their client. You might call this rhetoric, because it has no basis, I am not aware of case-law to support these positions. However, it does run up your legal fees, due to your attorney needing to respond.

I must urge everyone to get a qualified attorney to handle any of these matters. You want them to respect the high-priced attorneys, but not fear them. If your attorney gets intimidated by the gas company’s attorney, you may want to be shopping for a new attorney. After you go through “the bluff”, they typically come to the table and attempt to mend the fences they just severed, by threatening to sue you. They know their rights better than anyone else does and therefore when “the bluff” does not work, they will do what the law says they have to do. If they sue, then the process stops, and that will hold up their project, and they will have to do what the law states in the end anyway, so they will do what the law says they have too when it comes down too it.

I suspect that they will weigh the cost of complying with your request, weigh the options of being successful in suing you, and do what is the most economical. For the above said threat, it only came after the message “Another Lie? came out, and therefore, I would speculate that they are really trying to shut me up. The town’s position is based on case law, and has a very good foundation; therefore, they are attempting to “SLAPP” me with a suit.

This message is getting long, but I have an illustration I would like to give you briefly. When the Town of DISH adopted its drilling ordinance, the local Devon Energy Landman, stated that they would comply when the courts said they had too. Some shots went across the bow for a while until the above stated person was banned from speaking with me. I was then passed to the next in line, and started taking with them. Of course, then the high-priced attorney got involved and followed the script above. However, at the end of the day, Devon Energy drilled numerous wells in full compliance with our ordinance, and frankly we have a very good relationship with them now, in comparison with the other companies. We have invited them to city functions, and they have sponsored events, it can be done if they want it to. That is not too say that our relationship will not sour in the future, but for now, I think both sides are content. The one thing that these companies have a hard time grasping is that people typically just want to be shown respect. When you show people respect, you typically get it in return, when you don’t, you also get the opposite.

In closing, I know at the end of the day we will likely have two more forty foot towers, but that does not mean that we have to like it, or be nice to those who continue to destroy our rights, or look for every avenue to protect the little we have left. Fortunately, of all the things that the State of Texas has given to them, forcing us to be nice and courteous to these people is not one of them. As far as “the bluff”, time will tell whether it is really a bluff or not. I may be served any day. However, in watching the various poker tours on TV, I have found that when someone gets low on chips, desperation sets in and they go “all in” with the first decent hand they get. That is where we are at here, that point of desperation, that we have nothing to lose, where no matter, win, lose or draw we have to do something. I urge everyone to educate themselves on their rights; this will be the biggest tool you have.

Calvin Tillman, Mayor, DISH, TX
(940) 453-3640
“Those who say it can not be done, should get out of the way of those that are doing it”

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Thanks to http://txsharon.blogspot.com/2009/04/barnett-shale-industries-dish-it-out-to.html for this story:

From Calvin Tillman, Mayor of DISH, Texas
I continue to bring up the negative illustrations of the impact the numerous pipelines, compressors and metering stations which have forced themselves upon our small community. In fighting the last four years, it has been a hope of mine that at some point the assault on our rights would stop. However, it is becoming more and more apparent that the blows from this industry will continue. Many of you have seen the massive compressors, metering stations and pipelines that we have here. If you could have seen this area five years ago, the footprint was very small. Unfortunately, this sight grows more and more every day. Atmos Energy decided to put their facility here, and unfortunately for us, if you want to sell natural gas to Atmos, you are going to bring it here. Atmos really started this mess, as some describe, they were the camel’s nose in the tent, and from there it exploded and has destroyed the better part of 70 acres of good land. However, it appears as though it is only the beginning, as there is more on the way.

When one of these companies come sniffing around, they too just stick their nose in the tent, and send their paid liars to tell you that a small facility is all it is going to be…and then you hear the rest of the story much later. They tell you that there will be a facility that you will hardly even notice such as Crosstex energy told us a year and a half ago. They tell us that there will only be a small building, that houses a small compressor, and if that was the end, it wouldn’t have been bad. However, now they want to put in some other gas processing equipment that has a couple of tanks that are forty feet high…yes forty feet! So once again the Town of DISH, gets kicked, and they won’t even let us get up. Once they get through with their continued assault, there will be one of the other companies coming to share the bad news of their expansion. It seems as though there is little we can do to stop constant violation of our civil rights. How is it that a for profit company, can decide that we here in DISH are the ones whose property becomes worthless? How is it that our peace and quiet here in DISH is destroyed, for the greater good? How is is that we have to deal with natural gas releases in the middle of the night during a lightning storm (which sound like a jet engine at full throttle)? I foolishly thought that we had protections from these assaults, left to us by the founding fathers of this great nation. I don’t recall the story in the history books that told of the for profit company, who could destroy your way of life, you property rights, and quite possible your health, as many of you know better than me. I was not a great student, but I did manage to stay awake in history, how could I have missed this?

It has now become clear that “enough is enough”, is not a theory these companies believe in. They somehow have been given the power to violate the common people’s rights, and have taken it so far as to believe that they are justified in doing so. I wonder from time to time how they sleep at night? What do they tell there families when they go home at night? Do they tell them that they swindled someone out of there land? How bout the person that lost there retirement which they invested in the property that they threatened into signing over to them? Do they tell their families those stories? More likely, they tell them what good neighbors their prospective companies are, or better yet they tell the story of the great product, and how nice it feels on a cold morning, when that clean natural gas fires up. . Clean natural gas? Come look at the by-products of that clean natural gas here in DISH and judge for yourself. As always, I will do everything I can do, to soften the blow for the citizens here, but it will not be enough. It won’t be long before every camel has their entire body in the tent at our expense. As always, please share this with whoever might be interested.
..
Calvin Tillman
Mayor, DISH, TX
(940) 453-3640

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