Councilman Ken Chambers -- Archive

Natural Gas Price Increase

Council Relations and Governance Subcommittee Update

Restoration of Fire Truck

Mayor's Inquiry Into Me

Failure to Communicate

Selective Salary Increases

Roof Replacement

Failure to Capitulate

Mobile Stage

TAGG Meeting

Immigration on the Ballot

Gas Wells

Memorandum of Understanding

Beer & Wine Permit

Mobile Stage

Fire Station Construction

New Park in Mt. Peak

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.

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.

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.

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.

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 31^st, 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.

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.

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 Texas Government Code, Chapter 551, Section 551.074, to keep this subcommittee, regarding deliberation or hearings, in a public forum. This will prevent the matter from being placed behind closed doors known as “Executive Session.” The Midlothian community citizens may stay current with the allegations.

The council accepted the motion to convene the subcommittee. Mayor Pro-Tem "Dusty" Fryer, and Councilman Tommy Mitchell abstained from participating in the subcommittee. Mayor Whatley appointed Council Members Steve Massey and Joe Frizzell to assist him in the investigation.

There was considerable support from citizens (city and rural) present at the council meeting, who completed the proper document to address the council to speak on my behalf. Mayor Whatley refused to permit the citizens to speak to the council. These individuals sat through the entire council preceding waiting for the opportunity to speak; due to the fact the item was last on the council agenda. Many present were dismayed and appalled over the mayor’s refusal to permit public speaking.

The subcommittee, Mayor Whatley and Council Members Massey and Frizzell, will report their finding to the remaining council in six weeks.

I want to personally thank all the citizens who attended the council meeting and would like to apologize to those who did not get the opportunity to address the council as planned.

I made contact with several corporations regarding donations. The request will be addressed by the appropriate corporate committee responsible for reviewing donations.

The Mayor and my fellow council members felt that corporate donations may complicate the liability of ownership and use of the mobile stage.

The mobile stage was approved. Funds to purchase the stage will come from the Unreserved Fund Balance of the General Fund (taxpayer’s money).

Corporate donations secured from my request will be used for sponsorship toward the rental of the movies and event expenses.

Please do not forget to attend the Ellis County Press and Taxpayers Alliance for Good Government, Republican Candidate Forum, scheduled for Monday, March 3rd, 7:00 p.m., at the Waxahachie Civic Center.

I early voted on 02/19/08. There are three referendums (See Attached Ballot) on the ballot that are not being publicized, as of this writing. One referendum in particular caught my attention regarding immigration. It reads in part, “Should Elected Officials enforce immigration.” This referendum, as well as the entire voting ballot, is written in English and Spanish. I expressed my concern regarding the voting ballot being in two languages. This is the United States; English is the language of this country.

As a legal citizen of the United States, you are required to read, write and speak the English language. The American government, i.e., federal, state, county and cities, is spending millions of your hard earned tax dollars to accommodate individuals that may be in our country illegally. We need to stand together and stop the unnecessary spending. I will do my part as a city councilman, but I need your help.

Items 2008-97 & 98 – Approval of a Specific Use Permit (SUP) to allow drilling of up to ten (10) gas wells on the Ash Grove “M” Site.

Gas wells are becoming an attraction in Midlothian. An area of the Barnett Shale, where drilling is occurring, is located within the city limits of Midlothian.

I believe there are many concerns regarding gas wells. I have researched the history of gas wells in the North Texas area. The overall information revealed many incidents/explosions involving deaths, injuries and property damage. I feel this research is important to the citizens of the Midlothian community. Click to view research on gas well explosions.

The research further revealed that approximately 30% of gas wells in the Tarrant County (Barnett Shale) area have not been inspected in the last five years by the Railroad Commission, leaving the drilling companies responsible for their own safety standards. Click on link to view the Star-Telegram story, 03/10/08.

Based upon my research and knowledge, I am opposed to the drilling of gas wells in Midlothian. I am available to share further research with concerned citizens.

Item 2008-69 - “Memorandum of Understanding” between the City of Midlothian and One Windsor Hills development:

I am very concerned regarding the number of developers seeking to build in Midlothian. As of this writing, the city council has approved and/or currently reviewing zoning for the construction of over 5000 plus homes in the city limits of Midlothian. Once zoning is approved, the developers have an open time line for construction.

I have expressed my concern about future growth and how the city taxpayers cannot afford the additional cost through taxes for infrastructure, i.e., upgrading public utilities, fire & police protection, streets & roads and our school district.

Residential growth is required to attract retail and industry, but at what cost to the taxpayers. My goal is to slow down growth and allow the city to become more financially secure for current improvements and projects previously approved.

Item 2008-67 - Specific Use Permit to allow a package store for the sell of beer and wine:

I support the purchase of the mobile stage, but made a recommendation to seek corporate sponsors and/or donations for the purchase. This would permit advertising for sponsors. I further offered my assistance in seeking corporate donations. This will save the taxpayers $127,000.

The city broke ground for the new Fire Station #3, located in the south sector of the city (Mt. Peak area). The projection date for the grand opening is December 2008. Construction estimates for completion is $2.3M. Station #3 will be approximately 10,214 square feet, 2,800 square feet larger than station #2.

The new station will be constructed with a siding material (hardi-board) donated by the Hardie Company. There were concerns that the station should have been constructed of brick as station #2. There were discussions during several council meetings by concerned citizens addressing the siding material. The council voted 6-1 in favor of the siding over brick. I opposed the variance to permit hardi-board siding. I felt the new station should have been constructed of brick, as all other structures in the area, i.e., school, church & homes. I attended the ground breaking, but did not participate in the shoveling of dirt. I am NOT opposed to the new fire station, just the material being used. I believe it will cost the taxpayers more money overall for maintenance than brick. See attached e-mail.

The Mt. Peak Park is now under construction. According to Mr. Jim Beman, Parks Manager, the park should be completed and ready for the kids by the second quarter of 2008.

The park will be fully equipped with picnic tables, BBQ grills, practice soccer field, basketball court, two covered play stations, a baseball field and walking/jogging trail. The park will be handicap accessible.