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Voting Record

Midlothian City Council

 

This page is intended to inform the citizens of Midlothian on important issues before the Midlothian City Council.  When the agenda is not extremely newsworthy, this page will not be updated.

 

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Boyce Whatley

Jamie Wickliffe

Bill Houston

Jason Kyle

Joe Frizzell

Dr. Hank Miller

Steve Massey

This page provides the voting records on the issues that impact us most.  "Y" indicates a vote in favor, "N" indicates a vote against.  Initials are used to identify the council person;  the list to the right interprets the initials.

 

03/11/2010

 

02/09/2010

 

01/26/2010

 

01/12/2010

 


 

03/11/2010

 

Consider and act upon an Ordinance of the City of Midlothian, Texas (“City”) amending the street rental fee for HILCO Electric Cooperative, Inc., from 2% to 3%, based on HILCO’s voluntary acceptance of said increase; and including repealer and severability clauses and setting an effective date.

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Proponents said the city needs the money.

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Opponents said this was a "hidden tax," as HILCO will surely raise rates to pay for it, increasing the electric bills of Midlothian residents.

This ordinance is expected to generate $30,000 - $40,000 per year.

 

Councilmembers Joe Frizzell and Dr. Hank Miller opposed;  the motion passed.

 

 


 

02/09/2010

 

The council meeting started with various presentations, including a procedural demonstration by the Midlothian FFA, led by Will Ellis, President.  They staged a simulated meeting, demonstrating the core values of the group, the meaning of each office, and a precision execution of the meeting strictly following Robert's Rules of Order.  These young people performed exceptionally, leaving an audience of about 50 completely astonished.

 

"Citizens to be heard" included two ladies who spoke on conditions at the dog pound;  one of the ladies listed her address as "Red Oak."  Duff Hale spoke on citizen's rights.

 

The majority of the evening was spent on the second round of discussing the Midlothian Governance Policy.  Areas of contention centered around the mayor's power, and the opinion by some members that the mayor abuses that power.

 

One of the issues was the city's use of 3 council members to evaluate board candidates, with the feeling that gives the mayor too much power over who sits on the boards.  "I make the selection of all people who serve, and I'll continue to do that, and it's not going to change.  It's my right," quoted Mayor Whatley.  "I think the system works very well."

 

Whatley said having applicants appear before all 7 members, plus a video camera, was unfair to the applicants.  He referred to a video being made of the council meeting by republican precinct chairman David Lister, saying "It's certainly legal, but I don't think it's right."

 

At one point, when the mayor appeared to be losing the argument, he called upon a board member in the audience for support.

 

Currently, board applicants are interviewed by the mayor and two council members, then applicants are escorted to another area while they deliberate (although Whatley admitted they cannot legally have a closed meeting to discuss candidates, they "request" the candidates to leave).  The final selection is voted upon in a regular council meeting, but making changes at that point would be awkward for the council members and the candidates.

 

When questioned by Councilman Miller and Councilperson Wickliffe about going back to the old system of having all council members interview the candidates, Whatley responded, "This is the worst system we've used, and we won't go back to that."  (So much for democracy in the Midlothian City Council.)

 

Councilman Miller questioned Mayor Whatley's voting, saying Robert's Rules of Order says the mayor should vote only in the case of a tie.  Whatley replied with, "There's no discussion.  I'm going to vote."  Councilperson Wickliffe asked if the real problem was not that the mayor voted, but that there was a perception the mayor took advantage of his position as moderator to sway the vote.  It was mentioned that some people are quiet, and don't want to buck the mayor after he has stated his opinion.  Mayor Whatley stated, "The best employees that have ever worked for me are the ones who sit & listen."  (More insights into the mayor's opinion of people who speak.)

 

Councilperson Wickliffe asked, "Since you are running the meeting, you open the item and immediately give your opinion, expressing a 'supreme authority' position."  The mayor, as always, immediately gave his opinion on why Wickliffe was wrong -- clearly demonstrating the validity of Wickliffe's complaint.  She repeated her query about Whatley's "attempt to weigh-in first & influence council."  Whatley argued with one point, and then stated, "Second of all, it's my will."

 

After repeated comments from Wickliffe and Miller about Whatley's being perceived to control the outcome of the vote, he denied doing it, but said he would try to not do that in the future.  However, true to his style, he continued to evaluate virtually every single comment made by any other council member, clearly trying to identify himself as the ultimate authority.

 

After about 3 hours of discussion, many of the items appeared to be resolved, at which time Mayor Whatley questioned the members if they could accept the document as they had discussed.  He called several members by name, then looked for nods from the others.  Since this was not an action item, and a "straw vote" was taken, it is our opinion this action could be illegal.

 

The only other item of note was activist Charlotte Bailey, who spoke about 20 minutes, compliments of Evelyn Day and Stephanie Frankiewicz who signed up to speak, but yielded their time to Ms. Bailey.  (Ms. Frankiewicz referred to Dr. Miller as "not very bright" during his election campaign.)

 

Ms. Bailey went into a tirade against Councilman Miller and Councilman Chambers, criticizing them for not signing the current governance policy, and accusing them of "hiding behind the technical aspect of the law."  (There is no legal requirement for any council member to sign the policy, according to the city attorney.)  She also said they were wasting her tax dollars by refusing to sign the document, but failed to explain the statement.

 

While she criticized them for not agreeing to the policies on how to treat people, she continued to refer to either or both of them as pompous and negligent, and having hatred, non-Christian unethical behavior.  She further retorted with a "Shame on you, Mr. Chambers" and accused one or either of having "untruths on their websites."  She repeated Mayor Whatley's previous drivel, "You can't legislate morality."

 

Perhaps she should look into the mirror when she makes those accusations.  Perhaps she should ask how "un-Christian" it is to make false accusations and judge someone.

 

On a personal note, this writer is fed-up with people bringing Jesus into political arguments.  It's always, "Jesus would vote my way" or "Jesus would do this" or "You're being un-Christian."  My comment to you is this:  Leave Jesus out of this.  Unless you're an author of the Bible -- and I think they're all dead -- you're doing nothing but slandering the name of our Savior by trying to use His name to make your point in a political argument, and you do nothing but cast bad dispersions upon Christianity.  How do you think these comments look to a person who does not know our Lord as Savior?

 

To judge a person's soul is the responsibility of God, not you, Ms. Bailey.  You have done nothing but demonstrate in yourself the hatred of which you charge Councilmen Chambers and Miller.  Before you start judging these men -- or anyone else -- perhaps you should judge yourself, and ask what gives you the right to call someone "un-Christian."  Judge not, and ye shall not be judged.  Luke 6:37.

 

Ms. Frankiewicz, we're still waiting to hear what tremendous credentials you have that qualify you to call Dr. Miller, a man with multiple degrees (including a doctorate), "not very bright."

 

The meeting ended with a consensus on the revised governance policy, thanks partially to a pre-meeting of Councilperson Wickliffe, Councilman Miller, and Councilman Chambers, and Ms. Wickliffe's continued efforts to be a peacemaker, even though it required her to argue with Mayor Whatley (something most of the council members won't do).  Mayor Whatley is discovering Ms. Wickliffe doesn't jump when he barks.

 

 


 

01/26/2010

 

In an otherwise dull and boring meeting, the most action came from a non-action item, 2010-30, a discussion about council rules governing themselves.  Proponents said the rules are necessary to prevent a councilmember from overstepping their bounds;  opponents say the rules are unnecessary because council members' actions are governed by state law, that the rules can be used to provide certain people more power (e.g., mayor, city manager), and that the rules have been used in the past to allow Mayor Whatley to attack Councilman Ken Chambers.

 

The evening provided a venue for multiple verbal attacks, and Mayor Whatley, true to his course, used the opportunity to once again attack Councilman Chambers.  So adamant were Whatley's attacks, that we've established an entire section on his comments.  But, he wasn't the only one who became very verbal.  Former Councilman Wayne Sibley, who lost to Dr. Hank Miller, was also quite verbose.  Councilman Joe Frizzell also made a rather harsh comment about someone in the audience.

 

Consider & discuss the adopted Policy on Governance Process and Code of Ethics.

2010-30;  not an action item.

Councilperson Jamie Wickliffe was one of the original authors of the policy, and is concerned that some members are no longer signing it.  (According to the city attorney, there is no law compelling council members to sign the policy.)  She was trying, often in spite of the mayor's remarks, to find a common ground.  She apparently wrote the policy when a former mayor was allegedly speaking for the council, when the council had not approved him to do so.  Therefore, the original intent was to control a mayor.

 

Councilman Ken Chambers was recently the victim of a "witch hunt" by Mayor Whatley, who used the policy to try to run Chambers out of office.  Chambers is concerned that the policy limits the powers provided by the people who elected the council members, and gives it to the mayor.  Therefore, the two council members have experienced a mayor that one felt should be limited, and another mayor that it was felt abused that same policy in trying to control council members.  Councilman Hank Miller has also refused to sign the policy.

 

Councilperson Wickliffe argued that, without the policy, a council member could represent themselves as speaking on behalf of, or acting in the authority of, the city council.  Councilman Miller responded, "For any member to try to speak for the city, there must be quorum."

 

Our opinion is the city council should appoint council members Chambers and Wickliffe as a sub-committee, and see if they can provide a common document that all parties can support.

 

 

 Mayor Whatley, at it again

He may be embarrassing, but at least he's entertaining

 


 

Is Whatley Capable of Telling the Truth?

 

The discussion was about the ability of council members to place an item on the agenda, and if the requirement for three members to place an item on the agenda was unfair, in light of the fact that Mayor Whatley or city manager Hastings can place an item on the agenda by themselves.  This was being perceived as giving extra power to Mayor Whatley and even more to Hastings, a non-elected person.

 

Councilperson Jamie Wickliffe to Mayor Whatley:  "Have you ever restricted any individual council member from putting an item on the agenda?"

 

"Never," replied Whatley.

 

"You restricted me," corrected Councilman Ken Chambers.

 

Whatley:  "I told Ken he needed two other council members to put the item on the agenda."

 


 

Is Whatley Capable of Following the Rules?

 

Mayor Whatley:  "Ken, if you bring two other council members, we'll talk about it."

 

Councilperson Wickliffe:  "Mayor, if he has two other council members, it will be on the agenda.  We won't just talk about it."

 


 

Will Whatley ever get over Chambers?

 

The previous discussion provided Councilman Ken Chambers the opportunity to say he opposed the policy, that it had allowed Mayor Whatley to abuse the provisions and attack him in a "witch hunt."  He then pointed out that all "charges" were dropped, further proving the charges were false.

 

Councilperson Wickliffe added, "My goal is that we not re-hash the past."

 

In spite of Wickliffe's admonition, Whatley apparently couldn't resist an opportunity to jump at Councilman Chambers, coming back with his old line about how Whatley was just being nice to Chambers, and giving the council a chance to make amends:  "You did violate the council agreement;  we gave you a way to save face."

 

CFARG might believe that drivel, except (a) none of the charges were ever substantiated, and (b) Whatley is on record in The Dallas Morning News, literally seconds after calling a truce, verbally lashing at Chambers' character.

 


 

Are Whatley and Hastings in a word-count contest?

 

If you view the council meetings, it's quickly obvious that no matter who offers an opinion, Mayor Whatley seldom fails to provide his opinion.  We're not talking on the subject as a whole, but on almost every single comment that anyone makes.

 

Other than abusing his position as moderator by allowing himself to speak to absolutely everything, one cannot possibly fathom such an abuse of power.

 


 

King Whatley?

 

In the worst slip-of-the-tongue of the evening, Mayor Whatley was referring to a previous mayor's term, saying "during (mayor's) reign."  He then corrected it to "term."  I think this answers most of the questions we have about Whatley.

 


 

Will Whatley ever get over Chambers?  (Part 2)

 

After a failed motion by Councilman Chambers, Whatley stated he would "give somebody else" the opportunity to make a motion.  There is nothing in Robert's Rules of Order, nor in the City Charter, that would have prohibited Chambers from making another motion.

 

Whatley,

Grow up.  You're embarrassing.

 


 

 Wayne Sibley

Sour grapes make the best whine

 

Former Councilman Wayne Sibley, who lost his seat to Dr. Hank Miller in a stunning defeat last year, espoused these sour grapes:  [Looking directly at Councilman Miller] "If you're not willing to sign a statement of ethics, in my mind, apparently you don't have any ... or very few."

 

"I don't think it's appropriate to -- uh -- air executive session issues on the internet as soon as you get through -- get home."  "It's not illegal, but it's certainly not ethical."  There are only three council members who, to our knowledge, have websites (Chambers, Miller, and Wickliffe).  To our knowledge, none of them have placed any material from executive session on their sites.

 

"When you go to a county meeting where the city staff is presenting an issue that they feel this is the best way to go and you go to that same meeting and present yourself as a council person and asked specifically, 'Are you coming as an individual or a councilman,' and you say 'a councilman,' that's not right."  "That's not ethical."  We would have to ask Mr. Sibley why it's unethical for a council member to represent themselves as a council member.  Isn't that what they are?  To represent themselves as a majority of the city council would be inappropriate, but to represent themselves as an elected official is simply letting people know who they are, and respecting the voters who put them into office.

 

We propose that Mr. Sibley's demonstration of sour grapes was about as impressive as his crying the night Councilman Miller was sworn in (and Sibley was removed).

 

In one final act of disrespect, Mr. Sibley referred to Councilman Miller as "Hank."  Most people addressing the council would refer to him as "Councilman Miller," "Dr. Miller," or "Dr. Hank."  How many people walk up to a doctor and call them by their first name, unless they have a personal relationship with them?

 


 

 Frizzell -- not to be outdone

 

The city's investment company made a rather bleak report on the city's finances, including the drop in interest rates.  A joke was made about the rates dropping to the point of paying people to keep the money.

 

Later, Midlothian resident and republican precinct chairman David Lister spoke in open forum, opening with "If the city needs someone to take a couple of million, I'll be glad to do so and enjoy it in Cancun.  In fact, you won't see me again for months."

 

Councilman Joe Frizzell responded, "David, that would be a bargain at any price."

 

We cannot help but wonder how proper that quip was, especially with the current emphasis on ethics.

 


 

01/12/2010

Associate membership ($1,000 annually) in the Best Southwest organization.

2010-06;  passed 5 - 2.

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Proponents said it would give Midlothian a voice in a larger group.

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Opponents said this was a waste of money, as Midlothian has no voting rights.  Full memberships are available ONLY to cities in Dallas County.

When previously discussed at a retreat, members (except Whatley) reportedly felt this was a waste of taxpayer money, as Midlothian doesn't have a vote.  Councilman Massey, who earlier reportedly said, "This is giving us a seat at the table, but not allowing us to eat."  He shortened that to, "This gives us a seat at the table."

 

Representatives said the purpose was to promote rail, 4-A, and 4-B, among other things.  (Many people in Ellis County are opposed to extending DART to Ellis County, but just paid $1,000 to assist in lobbying for it.)

 

Councilman Hank Miller asked the representative about text on the brochure that said, "for the development and tourism of southwest Dallas County."  Councilman Wade Emmert, speaker for the organization, replied, "Our focus has been, and will be, Dallas County.  Our goal is to benefit the Best Southwest, which is Dallas County."  Councilman Ken Chambers also spoke in opposition.

 

At the invitation of Mayor Whatley, Paula Baucum spoke in favor of spending the $1,000.  Motion by Whatley, 2nd by Massey.

 

Temporarily eliminate impact fees for single family residences on lots already platted.

2010-12;  Passed 6 - 1.

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Proponents said it would provide an economic boost to Midlothian, provide employment for Midlothian citizens, increase the tax base, and attract commercial and industrial businesses due to the increase in "roof tops."  The financial impact of new homes would be minimal as these lots are in partially developed neighborhoods where services are already being provided.

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Opponents said the city couldn't afford to give up the money.

There were 108 homes built in Midlothian in 2009.  Lack of "roof tops" has been quoted by commercial and industrial prospects as why they won't come to Midlothian.  Mayor Whatley opposed, saying any tax base increase would benefit the general fund, not the water fund which would be impacted by not collecting impact fees.

 

We contend this to be a half-truth at best, as impact fees for streets go into the general fund.  While it's true that the water/sewer fund is separate, that fund is often pillaged as much as legally possible (e.g., payments to general fund for percentage of staff time managing the water/sewer fund).  To prevent impacting the water/sewer fund, simply quit taking money from it for the general fund for a while.

 

Our prediction:  the city will continue to pull as much as possible from the water/sewer fund, the lack of impact fees will drop it as well, and the city will raise water/sewer rates to compensate.  Whatley will blame the increase on this vote.

 

The lost impact fees were limited to slightly over $700k, with a review at $400k.  Councilman Hank Miller amended the motion to limit each builder to a maximum of 30 permits so one builder didn't take them all, and then not build on them.  Motion by Houston, second by Miller.  Passed 6 to 1, Mayor Whatley opposed.

 

Comments:

 

Councilman Hank Miller:    "You can be on the sidelines and do nothing, or we can lend a hand."

 

Councilperson Jamie Wickliffe:  "We come to this place because we'd like to do something.  You're talking about reserves.  We've figured out how to do this without raising taxes."

 

Councilman Joe Frizzell:  "The problem is we don't have buyers."

 

Councilman Bill Houston:  "Chris Dick (finance director) said we could do that amount of money ($750k) without hurting ourselves.  When we talk retail, they said we need roof tops.  This will provide those roof tops.  If we start playing with the numbers we promised the builders, they're not going to have a warm and fuzzy feeling with us."

 

Councilman Ken Chambers:  "If we open the door for developers, I want to make sure we get quality.  When we do, that will give us revenue from increased property tax."

 

Councilman Steve Massey:  "It's an idea of the whole community.  The ox is in the ditch.  The info I got says we can do it.  How do you value what the P. R. is worth?"  "If we don't get more people to come here and help us pay this debt, those of us sitting here are going to have to pay it."  "We're letting this community know we're serious about putting them back to work."

 

Mayor Whatley:  "This is not defined enough to give me a comfort factor."

 

Citizen Mike Rogers:  "There is nothing we can do to grease the wheels of capitalism."  "We talking about $750 million and I'm concerned a year from now this won't help anything."  [ed. note -- correct figure is approximately $750 thousand]

 

Danny Rogers (CNB Bank):  "What are we going to do in Midlothian that would stimulate retail & commercial for years to come?  We've got to have the roof tops."  "The measure of this focus is a marketing campaign for this community that is paid by funds we have.  We've been talking about this so long that a lot of people are being skeptical.  Seeding residential is the only thing we can control to get retail & commercial."  "We can't wait for everyone to come to us.  We have earned a reputation, and we need to do something about it."

 

 

 


 

 

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