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Archive
Council Meeting –
October 28, 2008
 Item
2008-396 – Consider and act upon a professional services contract with Mesa
Design Group, Inc, for the preparation of a Master Plan Trail System in an
amount not to exceed Ninety Three Thousand Dollars ($93,000).
The item passed council 5-2. Councilman Massey and I voted against
the contract. See Comment below.
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From the councilman's chambers:
As I stated in the previous posting, I have drawn the line on
unnecessary spending until the people can see where this economy is going.
People are losing their jobs, life savings and homes due to the current
conditions. We are in the midst of a Presidential race and no one
knows what the future holds.
It is my opinion, spending $93,000 (over $12 per citizen) to have
a company design a trail system at this time is unacceptable. The
construction of this trail system is years away. The landscape and
environment may change before construction, thus creating new and additional
expenses.
I have nothing against Parks and Trails, but at this time, I
believe this city needs to stop spending and save the taxpayer’s money until
the economy improves. If we don’t, and the economy continues to plummet,
the taxpayers will suffer the burden of higher taxes and loss of services.
If you agree with my beliefs, please contact Mayor Whatley and
other Council Members and tell them to “stop the spending.”
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Item 2008-398 – Consider and take action on an Interlocal Agreement between the
U. S. Internal Revenue Service “IRS” Criminal investigative Division and the
City of Midlothian, Texas, in order to approve a Southern Sector High Intensity
Drug Traffic Area (HIDTA) Task Force to be housed at the Midlothian Justice
Center (Police Department).
The item passed council 6-1. I voted against the item. See Comment
below.
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From the councilman's chambers:
I have fourteen years in law enforcement. Five of the fourteen
was in criminal investigation, i.e., homicide and armed robbery. I’m not
opposed to crime prevention or the implementation of HIDTA. The City of
Midlothian is responsible for housing the HIDTA Task Force, and our Police
Chief, Carl Smith, is the Host for HIDTA.
The formation of HIDTA consists of various officers from multiple
jurisdictions, e.g., IRS, ATF, ICE and several local cities. I questioned
Chief Smith during his presentation to council, regarding who initiated
HIDTA, reason for the formation, responsibilities, structure, jurisdiction,
and mainly why the Ellis County Sheriff's Department is not part of HIDTA.
With the
information I currently have been provided, I have the following problems
with this plan:
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the lack of
coordination with the supreme law enforcement agency in the county, the
Ellis County Sheriff's Department,
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Midlothian is
housing
this group, but it is apparent HIDTA was not
initiated by the Midlothian Police Department, and we have only one
officer involved,
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the only other
cities participating are DeSoto (2 officers), Lancaster (1 officer), and
Seagoville (1 officer),
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the
Dallas County Sheriff's Office, the Red Oak Police Department, the DEA,
and the FBI were all invited to join this task force–
but have not accepted,
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potential
liability if one of our officers is hurt, or hurts someone, outside Ellis
County, and,
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the IRS being
involved with drug enforcement in our city.
During my questioning of Chief Smith, my Council and Mayor Whatley
"Called the Question.” In simple terms, a vote was immediately taken
to close the discussion preventing any further questioning of Chief Smith
and to keep me from getting any more information. The motion passed
5-2. A second vote was taken to approve the HIDTA item for housing at the
Justice Center, passing 6-1.
In conclusion, there are many concerns and until I fully
understand its existence, I cannot support HIDTA working inside the City of
Midlothian.
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Item 2008-399 – Consider and act upon an ordinance that
establishes that the City of Midlothian may create a municipal police department
and that the city manager may hire a police chief and officers as allowed by the
budgeting process. In addition the ordinance allows the chief of police to
establish a reserve police force within the guidelines set forth.
The item passed council 7-0. See Comment below.
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From the councilman's chambers:
City Council approved the updating of the existing ordinance
allowing the formation of a reserve police force. This new ordinance will
permit the hiring of qualified individuals to assist the police department
in crime prevention. These individuals will not be compensated for
services, with the exception of medical coverage if injured while performing
official duties.
This new program will put more police officers on the street at no
cost to the taxpayer.
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Item 2008-400 – Consider and act upon a Resolution authorizing the Cities
Aggregation Power Project, Inc, (CAPP) to negotiate an Electric Supply Agreement
for deliveries of electricity and necessary related services to the City of
Midlothian for five years.
The item passed council 7-0. See Comment below.
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From the councilman's chambers:
This is the same agenda item that was presented to council last
meeting where “CAPP” requested a 24 year contract for electricity. Changes
in the agreement/contract were acceptable to council, thus approving the new
contract. Changes are listed below:
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Five year contract versus
twenty-four year contract
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No upfront funding – pay
as we use
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One electrical provider
versus seven providers
The negative side – the new 5 year contract cost per kwh at or
below 8.5 cent, versus the 24 year contract at 5.5 cent.
As I stated at the last council meeting, a 24 year contract at
this time, with new technology on the market, would not benefit the
taxpayers to be locked into a long term contract for electricity.
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☺
Other Items presented to the council were approved with no action.
Council Meeting –
October 14, 2008
 Item
2008-370 – Consider and act upon an Ordinance amending Ordinance 2007-24,
Section 6 – Levy of Fees for Garbage/Refuse and Recycling Collection Service.
Amendments include rate increases for commercial hand load, front load and
roll-off services equating to an overall increase of 9.21%.
The item passed council 6-1. I voted against the approval of the
increase. See Comment below.
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From the
councilman's chambers:
I realize a
9.21 % increase to your residential household monthly bill is not a lot of
money, but when will it stop? Government (federal, state, county & city)
must draw the line. The taxpayer cannot continue bailing out industry and
corporate America for their poor economic planning and allowing government
to take control.
I personally
believe the 9.21% increase amending the contract for Allied Waste could have
been avoided through contract negotiations regarding how services are
provided, without passing the increase to the taxpayer. The contract for
Allied Waste ends in 2009. I will encourage city staff to review other
options before presenting a new contract to council for approval.
I’m drawing
the line on industry and corporate increases passed through the city to the
taxpayers. The taxpayer can no longer accept the burden of industry and
corporate increases. Industry and corporate America must revamp and balance
their own internal operation, without asking the American taxpayer to pay
their bills. We cannot continue supporting corporate America for their
mistakes and survive personally. |
 Item
2008-375 – Consider and act upon an Ordinance approving an electric supply
contract through Cities Aggregation Power Project (CAPP) providing for Capacity
payment, pledging and leveraging ad valorem tax (property tax) to such for
payment, and authorizing the City Manager or designee to execute related
documents including member contract, disclosure, acknowledgement and
modifications.
Council voted to table the item indefinitely. See comment below.
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From the
councilman's chambers:
This item
would have locked the city into a
24 year contract
with CAPP to purchase electricity. On paper, the program was very appealing
with the concept of purchasing electrical power at a price below consumer
cost for the next 24 years. This program required the city to pay
three-fifths of the cost (millions of dollars) up-front, pledging your ad
valorem tax (property tax) to pay this bill.
I read the
contract and viewed the video. There were many unanswered questions about
the program that concerned me, including:
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Seven separate companies
would provide the power to the program for the 24 year period. According
to the information, within that time period a provider could default from
the system, thus leaving the program to seek other providers. Currently,
there are only five providers. Funds are needed to secure the remaining
two providers.
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My main concern is a 24
year contract is entirely too long to commit to a specific service. In
the current economy and new technology, we may not be dependent upon
natural gas and coal to generate electricity. I believe there may be
other options in the near future that will change the way we generate
electricity for consumers.
I was pleased
to learn other council members felt the same way when I addressed my
concerns to the council. The item was tabled indefinitely. If council
would have passed this item, future council members and taxpayers would be
extremely burdened with this tremendous debit when new technology arrives on
the market. |
☺
Other Items presented to the council were approved with no action.
Council Meeting –
September 23, 2008
I was unable to attend the council meeting due to my daughter having
her baby that evening. Diane and I are the proud grandparents of a bouncing 9
lb 2 oz baby boy, Dalton Lee Shelite. Mother and baby are doing fine. The wife
and I now have thirty-two grandchildren.
Upon reviewing the council agenda, I learned that all items were
passed by council. I have no additional information, at this time, regarding
the items.
Council Meeting –
September 9, 2008
Item 2008-339 – Conduct a public hearing regarding the proposed FY 2008-2009
Annual Operating Budget for the City of Midlothian and act upon an ordinance
adopting the FY 2008-2009 Annual Operating Budget and plan for municipal
services for ensuring fiscal year beginning October 1, 2008 and ending September
30, 2009.
The new budget for 2008-2009 was unanimously passed by city council,
with the tax rate unchanged from last year.
Item 2008-342 – Consider and act upon Ordinance of the City Council of the City
of Midlothian, Texas, providing for a seventy thousand dollar ($70,000)
residential homestead exemption for persons sixty-five years of age or older
from all ad valorem taxes hereafter levied and providing an exemption for
disabled veterans based upon the degree of their disability.
City council passed the item unanimously.
Item 2008-243 – Consider and act upon approving the FY 2008-2009 Midlothian
Development Authority’s Annual Operating Budget.
The item passed council 6-1. I voted against the approval of the
MDA/TIRZ Budget. See Comments below.
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From the councilman's chambers:
The
Midlothian Development Authority/Tax Increment Reinvestment Zone is an area
that I fully do not understand. I have concerns regarding its authority and
the way funds are collected and disbursed. My understanding of the TIRZ
program, industry/corporations within that zone, is that a percentage
(approximately (40%) of their property taxes paid to the city is set aside
for improvements and/or rehabilitation for that designed zone. Between
corporate tax abatements and the TIRZ program, I believe the home owner is
toting the note for property tax revenue for the city.
I will be
attending an all day seminar on October 10th, in Austin, TX, to learn about
the Tax increment Reinvestment Zone (TIRZ). If the TIRZ program is
beneficial to the city taxpayers, I will be the first to acknowledge. |
Council Meeting – August 26, 2008
Item 2008-312 – Receive Quarterly Investment Report from Linda Patterson &
Associates.
Ms. Patterson presented the City’s Investment Report for the Period
of April 2008 through June 2008. According to the General Revenue Portfolio,
the City’s beginning Market Balance was $52,151,869.00 as March 31, 2008. The
closing Market Balance for June 30, 2008, was $47,796,997.00,
a loss of $4,354,872.00
in 3 months. Ms. Patterson contributes the loss to many areas of the market.
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From
the councilman's chambers:
This
is Midlothian's "savings account." In 2007, it earned $526,855.48.
This second quarter loss of
$4.35 million (8.35% of total)
is over 8 times what we earned in 2007 for the entire year.
Ms. Patterson is optimistic that the market will recover and the city
losses will be restored, but I think
the city must consider and
review all factors for financial stability, and review where we're putting
our savings. |
Item 2008-314 – Consider and act upon 2008 property tax abatements for American
National Power, Toys ”R” Us, Target, and Ennis Business Forms.
The Tax Abatement renewals for the above industries generated public
and council debate. The debates ended with an approval of 6-1. I opposed the
renewals.
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From
the councilman's chambers:
Tax abatements are offered to
corporations and industry to build or relocate to Midlothian. The
majority of all abatements range from 8-10 years, with a percentage
discount in property tax ranging from 35% to 100%, depending upon the
corporation. Corporations must meet certain city requirements annually to
qualify for the tax abatement. A percentage of the taxes collected go
into a special account called “Tax Increment Reinvestment Zone (TIRZ).
This program is very complex, and is a topic for discussion at a later
date. The balance of the taxes collected goes into the city budget.
The
renewal of the tax abatements generated public and council debate.
Offering tax abatements is an incentive for new industry, but I personally
believe after the 8-10 year agreement expires, industry or corporations
should pay their fair share to the city. It appears through council vote,
6-1, I am the only one who feels this way. |
Items 2008-315-317-318 – Public Safety Expenditures.
There were expenditures presented to the council that I approved for
the Fire Department, Police Department, and Information Technology because they
were absolutely necessary. However, this council is facing many difficult
decisions regarding spending, based upon the current economy, and we simply must
halt unnecessary spending, and must closely monitor all expenditures.
☺
Other Items presented to the council were approved with no action.
Council Meeting – August 12, 2008
 Item
2008-303 – Consider and act upon authorizing PALCO Engineering to contract
and oversee the replacement of the roofing material at the Midlothian Justice
Center (Police Department), to prevent further structural and equipment damage,
in an amount not to exceed $91K.
The item was approved by council (6-0) to replace the roof allowing
PALCO Engineering, DeSoto, TX, to oversee the bidding process and replacement of
the roof. I questioned Chief Smith in several areas regarding the process and
replacement of the roof. See “Personal
Comments.”
☺
Other Items presented to the council were approved with no action.
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From
the councilman's chambers:
I voted to approve the contract, but with the
following reservations. My concerns presented to Chief Smith and my fellow
council members involved two areas:
Chief Smith, I believe, is seeking qualified contractors for the
project, but “perception” may be an issue to some people. PALCO
Engineering is a well known, qualified firm located in DeSoto, TX. Chief
Smith worked in DeSoto, TX, prior to joining the Midlothian Police Department
and introduced the company to the City of Midlothian. PALCO Engineering was
approved to oversee the roof replacement and will approve the contractor to do
the work.
In spite of my
reservations, I voted for this because of my confidence in Chief Smith and his
unquestionable ethics. However, I think he may want to review his options
before proceeding, as I'm not sure the City needs to spend additional taxpayer funds to hire an engineering firm to oversee a
roofing project. There are qualified and creditable roofing companies that
I feel do not need supervision.
This is to remind Mayor Whatley and my fellow council members that
the city endured a similar situation where services were endorsed by a city
supervisor, which resulted in an embarrassment to the city and questionable
expenditures.
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End….
July 25, 2008
Council Meeting – July 22, 2008
 Item
2008-280 – Public hearing to consider and act upon an Ordinance regarding a
Specific Use Permit for Midwest Industrial Park to allow a trucking terminal
facility on property currently zoned Light Industrial.
The City Council approved unanimously the Specific Use Permit for
Ruan Transport Corporation, an interstate trucking company. The new trucking
company will be located on Highway 67, approximately 2050 feet south of Dove
Lane, Midlothian, TX. The new business will stimulate the city economy.
 Item
2008-281 – Consider and act upon awarding employee insurance contract for
medical, dental, group insurance, accidental death/dismemberment, long-term
disability and flexible spending account for Fiscal Year 2008-2009.
The City Council approved unanimously to renew the current carrier,
Blue Cross Blue Shield, for the next Fiscal Year. The city was able to keep the
overall cost down, but the employee annual out-of-pocket maximums and annual
deductible amount increased slightly. Under the current economy and the loss
ratio for the previous policy for the city, the increase for city employees was
reasonable.
 Item
2008-282 – Consider and take action on an Interlocal Agreement between the
City of Ft. Worth and the City of Midlothian, in order to provide for the
disposal of unused household hazardous chemicals.
The City Council approved unanimously for Carl Smith, Police Chief,
to work with the City of Ft. Worth to establish a program where the Midlothian
Community citizens can dispose of unused hazardous products for a small service
charge. Details are not complete regarding types of products, amounts, drop
locations, etc., but this program will permit people to clear their property of
unused hazardous products.
July 10, 2008
Council Meeting – July 8, 2008
 Item 2008-270 – Consider recommendations to the City Council of Council Relations
and Governance Subcommittee report on Councilmember Ken Chambers.
The subcommittee, consisting of Mayor Boyce Whatley and Council
Members Massey and Frizzell submitted their final report to the entire City
Council regarding ethics violations allegedly committed by me.
Mayor Pro-tem Fryer read portions of the final report in open
council. The report indicated the following:
“Rather than the City Council
proceed with this process to determine whether Council Member Chambers violated
any of the adopted policies of the city, we recommend that the City council take
no further action in this matter and that this report be adopted.“
In summary, the accusations from Mayor Whatley and the alleged
violations I supposedly had committed could not be substantiated; thus,
all were dismissed.
| From the
councilman's chambers:
The Subcommittee presented their final report to the entire City
Council at the City Council meeting, July 8, 2008. See
“Council News” for agenda item.
The city hand-delivered the final report to my home the morning of
the council meeting, July 8, 2008.
Mayor Whatley initiated this investigation on May 13, 2008, over
what I believe pertained to multiple disagreements regarding forced annexation,
spending, future city growth, etc.
During this three month investigation, Mayor Whatley distributed
many e-mails, contacted individuals throughout the city and held several media
interviews. Mayor Whatley’s campaign to discredit me personally and my council
seat was noted throughout the Midlothian community, including the City of
Dallas. The campaign consisted of accusations of sharing city confidential
information, spreading misinformation through this website, embarrassing city
staff and other ethics violations.
I was instructed by my attorney, Mr. David LaBrec, to remain silent
until the investigation was complete. It was very difficult to remain silent
hearing my name being slandered and defamed throughout the community. I knew
Council Members Massey and Frizzell (Subcommittee Members) would discover the
truth and not be a part of what I described as a “Witch Hunt” initiated
by Mayor Whatley.
To compound this conflict, the city obtained the services of an
outside attorney, Mr. Pete Smith, to assist Mr. Don Stout, City Attorney, in
preparing the case against me. Someone should ask who paid Mr. Smith’s legal
fees to represent the City. My personal legal expenses have exceeded $25K.
The final report was presented to the entire council at the July 8,
2008, council meeting. Mayor Pro-tem Fryer read portions of the final report in
open council. The report indicated the following:
“Rather than the City Council
proceed with this process to determine whether Council Member Chambers violated
any of the adopted policies of the city, we recommend that the City council take
no further action in this matter and that this report be adopted.“
In summary, the accusations from Mayor Whatley and the alleged
violations I supposedly had committed could not be substantiated; thus,
all were dismissed. The most disturbing part of this entire event is that Mayor
Whatley would not accept responsibility for his actions regarding what I have
endured over the last three months with my name being slandered and defamed by
him.
Mayor Whatley’s interview with the Dallas Morning News after the
council meeting spoke about “character.” Mayor Whatley stated the
following:
“Character can’t be legislated – you either have it or you
don’t.” Mr. Whatley further stated, “My hope is that Council Member
Chambers steps up to the plate and proves he’s a man of character.”
How ironic is this statement about “character” after what he
has done to my reputation with his accusations and slander. Mayor Whatley needs
to review his character before judging me.
The final report further included additional council member
recommendations/goals for “Good Governance,” requesting the entire
council to commit to the following:
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To acknowledge that the mission of the City Council is to be realized at the
dais in public view, with the participation of all council members.
Individual council members should refrain from engaging in council business
(or creating the perception of doing so) without the awareness and assent of
the full council.
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In regard to pending or threatened litigation, it is crucial that individual
council members refrain from and avoid contact or involvement (or the
appearance of involvement) with litigants, legal counsel and other parties who
are adverse to the City concerning such litigated or threatened matters,
without the full assent of the council and, when appropriate, it’s City
Attorney. Communicating with adverse parties without the consent or direction
of the city council, or working outside the scope of the Council Executive
Session, may not necessarily be illegal; however, such conduct poses great
risk to the interest of the city as a whole and undermines the trust necessary
to conduct the business of council.
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A council member may oftentimes be supported by close and familiar stakeholder
groups, such as a particular type of business or a certain area of town.
Good governance is always predicated on reaching beyond each council member’s
familiar territory and sponsorship to learn from and attend to the needs of
the community at large. We strongly believe that the primary
responsibility of the council members is to represent the residents and
taxpayers of the City as a whole. We believe that incidents such as these can
be avoided if a council member exercises the benefit of a broad range of
information.
After reading the above recommendations/goals I felt that Mayor
Whatley was attempting to take away our rights to free speech, free association
and the freedom to represent the people who elected us to office. The thought
of requesting permission from the City Manager or other City Officials to
represent the people made me feel as though Mayor Whatley did not believe, we as
council members (elected by the people), were capable of doing so without
directives.
This council consists of grown men with a business background. We
all know the City Charter rules and the knowledge of right and wrong. I believe
these additional recommendations/goals are just another way for Mayor Whatley to
control this council. I believe in order to seek guidance and leadership from
anyone, you must first be able to trust them. I will not be manipulated by
Mayor Whatley, thus I refused to acknowledge/sign the document for the above.
In conclusion, the last three months have been very difficult for me
and my family knowing I have not violated any ethics rules. I believe I am
doing what is expected of me by the citizens of Midlothian who elected me to the
council. I will continue to probe and ask questions to fully understand all
agenda items presented to the council for approval.
I will do my very best to work with Mayor Whatley and my fellow
council members to better serve our city and citizens of the community. I pray
Mayor Whatley will work with me and accept my decisions, regardless if I do not
agree with his beliefs. My goal is to represent the people, protect their
property rights and serve my city to the best of my ability.
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June 21, 2008
Special Council Meeting – June 19, 2008
Item 2008-239 – Receive a report from the City of Midlothian Council Relations
and Governance Subcommittee regarding possible violations of the adopted City of
Midlothian Policy on Governance Process by Councilman Ken Chambers, and take
action as desired.
The purpose of this Special Council Meeting was to introduce the
Subcommittee “Findings and Recommendations” report. Prior to the report
being introduced, my attorney, Mr. David LaBrec, presented to the City Council
my written response to the alleged allegations. Council briefly reviewed the
fourteen page response, and Council Frizzell moved to table the findings and
recommendations report until council could review and discuss my written
response with the city attorney regarding the allegations. The motion passed.
The agenda item will be re-introduced at the July 8, 2008, council
meeting. Hopefully, there will be a resolution to this conflict between Mayor
Whatley and me at the July 8, 2008 meeting.
June 14, 2008
Council Meeting – June 10, 2008
Item 2008-225 – Receive a report from the City of Midlothian Council Relations
and Governance Subcommittee regarding possible violations of the adopted City of
Midlothian Policy on Governance Process by Councilman Ken Chambers, and take
action as desired.
I requested the item to be tabled until the next council meeting.
See
“Personal Comments” for reason for the request and disposition. The motion
failed for lack of council support. My attorney, Mr. David LaBrec, intervened
requesting ample time to review the “Findings & Recommendations” report that was
hand delivered to my home on Monday, June 9, 2008, approximately 7:00 pm,
twenty-three hours prior to the council meeting.
The motion passed after considerable intense discussion and debate
in open and closed session.
There will be a special council meeting and executive session to
resolve this item on Thursday, June 19, 2008, 6:00 pm, Council Chamber, City
Hall.
May 29, 2008
Council Meeting – May 27, 2008
 Item
2008-206 – Amendment to the City of Midlothian’s Gas Franchise Ordinance
with Atmos Energy Corporation.
City Staff requested approval from the council to amend the
Franchise Gas Tax Ordinance with Atmos Energy Corporation.
This amendment will increase each Midlothian customer’s natural gas bill by
1%. This additional 1%, paid by our city gas customers will generate an
additional $20K (approximately) to the city fund.
The council voted to approve 6-1. I opposed the increase.
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From the councilman's chambers:
There will be individuals that will say 1% will not make or break
someone’s personal financial budget, but add this 1% with all the other
percentage increases, i.e., gasoline, food, etc, and now review your financial
budget. Most people today are living paycheck to paycheck and are losing daily,
due to cost of living increases.
I personally believe that we are in a recession, regardless of what
the politicians are saying. Automobile gasoline is approaching $4.00 a gallon,
cost of food and everyday expenses are increasing, and good people are losing
their home due to foreclosure. If this is not a recession, then please tell me
what is happening.
I believe the city needs to curb spending, review current
expenditures and not place any more financial burdens on our community citizens.
|
 Item 2008-210 – Council Relations and Governance Subcommittee to report “Findings
and Recommendations” to City Council regarding possible violations by Council
Member Ken Chambers.
Mayor Whatley made a motion to extend the Subcommittee investigation
an additional 30 days. According to Mayor Whatley, additional information is
needed before rendering a decision. Therefore, the Subcommittee needs additional
time to complete their investigation.
I opposed the motion advising Mayor Whatley and Council that
delaying the process is unacceptable and the Subcommittee needs to present their
“Findings and Recommendations” so this matter may be resolved.
Mayor Whatley and Mr. Stout, City Attorney, stated the Subcommittee
needed my answers to the thirty-eight (38) questions that was posed last council
meeting, 5/13/08, to determine if I have violated any ethical standards.
Mayor Whatley excused himself from the council meeting leaving to
conduct personal business.
Subcommittee Council Members Frizzell and Massey advised the council
and Mr. Stout that the “Findings and Recommendations” will be announced at the
next council meeting, 6/10/08.
 Item
2008-215 – Approve expenditure for the restoration of the 1918 Model “T”
fire truck and the remodeling of space in the Old Fire House for display.
The total projected expenditure for restoration of the truck and
remodeling of the building was listed at $70,786. Private donations collected
was approximately $600. The balance would be paid from other city funded
accounts.
Based upon the current economy I felt allocating any amount of
funding was inappropriate at this time. I believe the city should review their
expenditures, curve spending and financially plan for the future, with the
understanding that the economy is not stable. This belief is based upon the
current market, i.e., price of gasoline, food, utilities, housing and the
overall day-to-day expenses.
The council voted to approve 5-1. I opposed the expenditure.
May 15, 2008
City Council Meeting – 5/13/08
 Item
2008-192 – Conduct an inquiry led by the City of Midlothian Council
Relations and Governance Subcommittee to investigate possible violations by
Councilman Ken Chambers, and direct said Subcommittee accordingly.
This agenda item is a continuation of item 2008-121 from the City
Council meeting of 3/31/08, where Mayor Whatley is alleging that I have violated
the “Policy on Governance Process.”
According to Mayor Whatley, the purpose of item 2008-192, 5/13/08,
is a “fact finding” investigation. I was instructed by the Mayor
Pro-tem, Dusty Fryer, the process involved Mr. Don Stout, City Attorney, asking
six series of questions, totaling thirty-eight, regarding evidence and witnesses
obtained by the Subcommittee during their investigation.
I advised the Subcommittee that I would answer the questions upon
the formal announcement of the charges/violations. Mr. Stout advised that there
are no charges/violations, and the purpose of the Subcommittee was to permit me
an opportunity to address the thirty-eight questions to determine if I violated
the ‘Policy of Governance Process.” I was advised by my attorney, Mr.
Michael Hartley, not to answer any questions until formal charges have been
filed. Click
“Personal Comments” for additional Information.
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From the councilman's chambers:
My personal
disagreements/conflicts with Mayor Whatley regarding many issues with the City
has progressed to a point where Mayor Whatley has demanded that I step-down from
my council seat, stating that I am “ineffective.” I am sorry that Mayor
Whatley feels this way. It appears that Mayor Whatley is very concerned
about my probing and questioning issues brought before the council and my
position on forced annexation.
This demonstrates just how out-of-control
the mayor has become. For him to think he has more authority than the
voters of the City of Midlothian who elected me clearly demonstrates the mayor
has no regard for the citizens of our fine community. The mayor's games to
silence the voice of the people are unacceptable.
After one year as an active
council member, I have made the determination that anyone opposing Mayor Whatley
is ‘not’ an acceptable council member. The people of Midlothian
(not Mayor Whatley) elect council members to represent them. I will not
step-down as demanded by Mayor Whatley. If the citizens of Midlothian feel
that I am not representing them and their best interest, then, and only then,
will I step-down.
As of this writing, Mayor Whatley
and the subcommittee members have not responded to my attorney’s open document
request regarding the alleged misconduct violations. The open document
request was dated April 10, 2008, with a response due within 10 days. I am
seeking a list of alleged violations, the identity of persons asserting the
allegations, and the rules and procedure governing the subcommittee.
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03/25/08
“Failure to Communicate”
In May of 2007, I was elected to
serve on the Midlothian City Council by citizens who were seeking an individual
who would not be part of the “Inner City Political Group.” Someone who would be
objective, review all the facts before rendering a decision, and most of all,
to protect their individual rights to choose and voice their personal views
without consequences.
My views, opinions and beliefs
have created a “Failure to Communicate” with Mayor Boyce Whatley and several
city officials. Mayor Whatley and others cannot accept the fact that I do not
support many of their beliefs regarding excessive spending, city growth, gas
wells and forced annexation.
These disagreements have resulted
in extreme intense debates, personal threats of my council seat, Place 3, being
“ineffective” and accusations regarding breach of confidentiality in Executive
Session.
I was informed in an e-mail from
Mayor Whatley, dated March 21, 2008, that he will no longer tolerate my
disrespect for my fellow council members and city staff. He will convene
the Council Relations and Governance Subcommittee to address my actions, based
upon his definition of disrespect. This will occur at the council meeting
on Monday, March 31st, at 6:00 P.M. I felt it necessary to secure
legal council to protect my individual rights, due to Mayor Whatley’s political
influence.
It is my belief that this conflict
is because I do not support forced annexation. I have studied, researched and
communicated with the annexation group to understand the personal and financial
impact that will occur regarding forced annexation, and the additional cost to
the Midlothian taxpayers for infrastructure to service these 550 plus homes in
the forced annexation area. I further believe that all citizens, regardless of
where you live, have the right to voice their views and choose where to live,
without government intervention.
It is my opinion that this forced
annexation has become a personal agenda for Mayor Whatley and other city
officials, due to the resistance from the annexation group and my opposition to
forced annexation.
The city has spent in excess of
$300K dollars in legal expenses, not including employee involvement, and the
process remains unsolved until the final vote is present to the city council in
November 2008.
This council has approved and/or
is reviewing zoning within the City of Midlothian for approximately 5,000 plus
homes to be built within the next 5 years. It is my opinion that Mayor Whatley
needs to concentrate on this new growth and stop spending taxpayer dollars and
creating resentment within the rural community citizens by forcing them to live
in the City of Midlothian.
As your City Councilman, Place 3,
I will continue to review, probe and question city government processes and
protect your rights as a free citizen, regardless of where you live. The United
States Constitution was written to protect all legal United States citizens.
Midlothian citizens seeking
additional information regarding my position on why I am opposed to forced
annexation may contact me through my personal e-mail
ken.chambers@aircanopy.net.
April 30, 2008
City Council Meeting – 4/22/08
Selective City Employees
Receive Salary Increases
 Mayor
Whatley proposed a cost of living salary increase for City Manager Don Hasting
and City Secretary Lou Jameson ranging from 3% to 4%. I questioned the mayor if
all city employees would receive a percentage increase. Mayor Whatley made
it perfectly clear that the only way all city employees would receive a cost of
living increase would be through a city tax increase that “I” must support. I
cannot support a city tax increase, based upon the current economy, and I will
not support selective salary increases for certain city employees. My position
is that all employees should be treated equally regarding a cost of living
increase. Mayor Whatley could not guarantee that all employees would
receive an increase.
The motion presented to the
council to increase Mr. Hastings’ and Ms. Jameson’s salary passed 4 to 1. I
could not support this motion. It is not fair to the other city employees. If
this council, including myself, cannot manage the financial business for this
city, and take care of ALL its employees, without raising taxes, then we
(Council & Mayor) need to step down as city officials.
Item 2008-166
- Consider and take action to approve a change order to Hill and Wilkinson,
Ltd., in a guaranteed maximum amount of $476,754.00 to remodel the building
shell of Fire Station # 1.
 The
City Council approved the transfer of $150K from the Reserve Fund to the fire
department to replace the roof on station # 1 (downtown). The majority of the
money that was allocated in the bond for remodeling of station # 1 was used for
the construction of station # 3. The construction cost for station # 3
increased due to construction delays.
The balance from the bond money
was insufficient to complete the remodeling of station # 1. City employees will
perform the remodeling, with the exception of the new roof, saving taxpayers
approximately $200K. Fire Chief Schrodt should be commended for his role in
alterative planning, due to insufficient bond money.
03/31/08
Item 2008-121 – To confirm the appointment of the Council Relation &
Governance Subcommittee to investigate potential violations of the Code of
Ethics by City Councilman Ken Chambers, Place 3:
Mayor Boyce Whatley felt it necessary to secure a motion from
council to convene a subcommittee to investigate allegations of misconduct.
These allegations are leveled by the mayor. It is within my legal right under
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