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Council News
Council
Meeting – March 9, 2010
Item
2010-069
– Consider and act upon a resolution approving a grant in the amount of
twenty-five thousand and 00/100 ($25,000.00) dollars, to be awarded by the
Midlothian Community Development Corporation (MCDC or 4B) to the City of
Midlothian to help fund a community-wide marketing program.
The item
passed Consent Agenda 5-0. See comments below.
Item
2010-070 - Consider and act upon an Ordinance amending the Corporation for the
Economic Development’s fiscal year 2009-2010 budget appropriations in an amount
not to exceed $25,000 from the Unreserved Fund Balance to assist in the funding
of a community-wide marketing effort, in accordance with Chapter 102, Local
Government Code; appropriating various amounts thereof; repealing conflicting
Ordinances and Resolutions; including a severability clause; and establishing an
effective date.
The item
passed Consent Agenda 5-0. See comments below.
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From the
councilman's chambers:
The
council approved funding from the Corporation for Economic Development (4A)
and the Midlothian Community Development Corporation (4B) to assist in a
community wide marketing effort by the Development Incentives Group and
representatives from the 4A, 4B, the Chamber of Commerce, local industry,
MISD and other interested parties.
The purpose
of the marketing campaign is to entice builders and developers to return to
the Midlothian area. City council approved suspension of impact fees for
builders and developers, with a vote of 6-1 (Mayor opposed) during the
council meeting on January 12, 2010.
This new
program will eliminate impact fees for twelve months. The goal is to
increase selective residential construction, which will increase sales tax,
ad valorem tax, franchise tax and other permit fees.
Click here for more info. |
All other
items presented to council were approved or tabled for a later date.
Council
Meeting – February 23, 2010
Item
2010-058
– Consider and act upon approval of a Resolution adopting the amended Policy
on Governance Process and Code of Ethics.
The item
passed council 7-0. See comments below.
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From the
councilman's chambers:
This was
the third and final discussion on the Governance policy. The first workshop
occurred at the council meeting on January 26, 2010, under
item
2010-30.
The second workshop, February 9, 2010, under
item
2010-40.
There was
considerable council debate, discussion and disagreements on many parts of
the Governance policy during the last two workshops, but council members
were able to work together and find a middle ground for acceptance.
I believe
the newly adopted policy is more appropriate with “Today’s” council
responsibilities than the first policy, which was adopted twelve years ago.
The new policy will allow council to review annually and amend the policy
based upon changes in administration and responsibilities.
All council
members signed the new “Model of Excellence,” defining the Governance
policy. See the Model of Excellence attached.
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All other
items presented to council were approved or tabled for a later date.
Council Meeting –
February 9, 2010
Item 2010-040a
– Consider and discuss the adopted Policy on Governance Process and
Code of Ethics and potential amendments thereto, and direct staff
accordingly.
This was a “Workshop” item for discussion and direction only. No
action was taken. See comments below.
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From the councilman's chambers:
This was the second “Workshop” to review and discuss the
Governance policy. The first workshop occurred at the council meeting on
January 26, 2010. (See the January 26, 2010,
item 2008-30 for further information).
The council debated, discussed and disagreed on many parts of the
Governance policy. My belief, as well as several other council members, is
that the policy mandates too much authority to the Mayor controlling boards,
commissions, subcommittees and how council members represent the citizens of
Midlothian.
After approximately three hours of debate and discussion, I
believe we may have come to an agreement on mayor and council members’
responsibilities. City staff will review and draft the new Governance
policy for council review and present the policy at the next council meeting
for February 23, 2010.
Council members will review the new amended Governance policy, and
if all the needed changes are present in the policy, then I feel confident
the policy will be signed.
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All other items presented to
council were approved or tabled for a later date.
Council Meeting –
January 26, 2010
Item 2010-025
– Consider and act upon an ordinance to amend the City of Midlothian Code of
Ordinances, Section 1.08.032, members to increase membership from seven (7) to
nine (9) members; Section 1.08.033, terms of office to increase terms from two
(2) years to three (3) years and providing for the staggering of existing terms
to accomplish such terms lengths; and Section 1.08.035, meetings and quorums to
increase quorum requirements from four (4) to five (5), providing for the
amendment of such code; and providing a conflicts clause; providing a
severability clause; and providing for an effective date
The item passed council 5-2.
Councilman Miller and I opposed the agenda item. See comments below.
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From the councilman's chambers:
This item pertains to the Parks board increasing the volunteer
citizen membership from seven to nine members and increasing the term served
from two years to three years.
I’m not opposed to increasing membership for the Park’s board.
This will bring more ideas to the table on improving our parks and
recreation areas. I am opposed to increasing the term limit served.
The Parks board is responsible for making recommendations to the
City Council concerning improvements and management in its respective area
of interest.
The majority of all other Boards and Commissions, volunteer
citizen serves a two year term. The reason for the two year term is to
permit other citizens who are interested in serving on the Boards and
Commissions an opportunity to participate in the process as outlined above.
I felt increasing the two year term to three years would
discourage citizens from wanting to apply. I further believe there should
be term limits on Boards and Commissions. This would allow more interaction
with citizens bringing new ideas to our community.
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Item 2010-030
– Consider and discuss the adopted Policy on Governance Process and
Code of Ethics and potential amendments thereto, and direct staff
accordingly.
This was a “Workshop” item for discussion and direction only. No
action was taken. See comments below.
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From the councilman's chambers:
The purpose of this Workshop was to review the current “Policy on
Governance Process” and “Code of Ethics” for Council Members and citizens
serving on City Boards and Commissions.
The workshop drew considerable debate and discussion from council
members and several citizens regarding the rules of the policy. The
question: "Is the policy mandated by State law, or is the policy a
city document that council members are required to sign and abide by?"
According to the City Attorney, Mr. Don Stout, there is no state law
mandating elected officials to sign a city drafted policy on “Governance
Process.” Elected officials are governed under state law and the people who
elect them to office.
Visit the
CFARG website for additional comments during the debate and discussion.
The current Governance policy, established in 1998, was designed
primarily to limit and/or restrict council member’s involvement in city
affairs that may involve speaking and/or associating with someone who may
have an adverse effect on the disposition of a city issue.
The current city council members all have some form of business
and/or professional background. I'm confident that council members who are
elected to office will have the knowledge of knowing the legal aspects of
their council position, and will not place the city in an uncompromising
position.
I further believe there may be a legal concern by encouraging or
requiring elected council members to sign this policy. This policy may
violate the First Amendment of the Constitution of free speech and
association.
If the majority of the city council decides to amend, delete, add
or re-write the Governance policy, I will review and decide if this policy
is in the best interest of serving the people who elected me to this
position.
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Council Meeting –
January 12, 2010
Item 2010-003
– Consider and take action to approve the addition of two seized vehicles to the
Midlothian Police Department’s Fleet.
The item passed council 7-0 through the Consent Agenda. See
comments below.
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From the councilman's chambers:
The Midlothian
Police Department vehicle fleet has increased by two additional units.
These vehicles represent a portion of the assets forfeited by defendants of
a criminal conspiracy, after being identified and proven to be illegally
obtained by defendants. |
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Item 2010-006
– Consider and act upon associate membership in the Best Southwest organization.
The item passed council 5-2.
Councilman Miller and
I opposed the agenda item. See comments below.
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From the councilman's chambers:
The item was
presented to council on December 8, 2009. I made a motion, which passed
6-0, to table the item until the January council meeting, to allow
additional time to review and learn more about the organization.
There were many
questions by council members regarding the actual purpose of the
organization and whether or not it would it benefit Midlothian to join as a
non-voting member for a $1000 membership fee.
I studied the
material presented to council members about the organization and it’s
members and leaders. The organization was created in 1986. According to
the promotional material presented to the Midlothian city council, “The Best
Southwest Partnership is a cooperative effort among the communities of Cedar
Hill, DeSoto, Duncanville and Lancaster, Texas, to promote economic,
legislative and educational well-being for Southwest Dallas County.”
The agenda item
was re-addressed by the city council on January 12, 2010. Honorable Wade
Emmert, City Councilman, Cedar Hill, gave the presentation.
It is my
assessment that the City of Midlothian and/or Ellis County would not benefit
from this organization. The organization and its leaders were designed to
promote cities within Dallas County for their benefit, not Midlothian and/or
Ellis County. The Midlothian membership would be a non-voting membership
with NO official input on decisions made by this organization.
The City of
Midlothian is structured with it’s own economic development boards. We have
the Corporation of Economic Development (4A), Midlothian Community
Development Corporation (4B), Midlothian Development Authority and the
Midlothian Chamber of Commerce.
The motion to
join passed 5-2. More of your tax dollars being wasted.
Click here for
more info. |
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Item 2010-008
– Consider and act upon a bid award to JRJ Paving, L.P. out of Dallas, Texas for
construction of the U.S. 287 Connector, including paving and drainage
improvements, in a base bid amount of $929,099.27 and alternate bid amount of
$93,528.75, resulting in a total bid in an amount not to exceed $1,022,628.02.
The item passed council 7-0. See comments below.
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From the councilman's chambers:
Good News!
Council has
approved construction to re-open the 287 by-pass exit to Main Street
(Business 287). This will allow traffic travelling west bound on 287 toward
Mansfield to exit onto Main Street, without exiting onto Midlothian Parkway.
This has been an
on-going issue for our local businesses after TXDOT closed the exit ramp
during the construction of the 287 by-pass. It is my opinion that our local
businesses have been affected economically by the closure of the exit ramp.
Construction should start right away.
Funding for this
project is available through Bond Fund 116 saving and interest earned,
roadway impact fees collected and a small remaining balance from Bond Fund
120. |
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Item
2010-012 – Consider and
act upon an Ordinance amending Schedule 2 of Ordinance 2006-49 (“The City of
Midlothian Impact Fee Program”), established by Ordinance 99-12 as amended by
Ordinance Nos. 2000-23, 2001-63, 2003-20, 2003-24, 2003-58, 2006-49;
providing for a temporary reduction in impact fee rates otherwise collectible
for the construction of single family residences on lots platted as of the
effective date of this Ordinance; providing for conflicts; providing for
severability; and, providing for an effective date.
The item passed council 6-1. Mayor Whatley opposed the item. See
comments below.
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From the councilman's chambers:
The City of
Midlothian has lost considerable revenue from home development, due to the
economy and the cost of building. Many developers have left the
Midlothian area to build elsewhere because of the cost of building fees in
our City. Some city officials will disagree with this statement, but just
ask any home builder or developer why they are not building in Midlothian.
The city council
approved to establish a subcommittee to address this issue and consult with
the building and lending industry, and create an incentive program to have
builders return to Midlothian.
After multiple
meetings with city officials, bankers, financial lenders, builders and
developers, a financial incentive program was created. The majority of the
council (Mayor Whatley opposed) agreed to waive impact fees for builders for
twelve months with several stipulations. The total discount will not exceed
$738,416 for the program. Council will review the program after nine months
to determine its effectiveness. When the program reaches $400K, council
will perform a second review and city staff will review the program on a
monthly basis. The purpose of this program is to stimulate development of
residential housing on existing available lots.
Builder impact
fees annually are approximately $750K toward city income. This money is
used for infrastructure. The loss of this income will result in using funds
from other sources. Currently, the annual projected impact fees are well
below 50% for new housing construction. This new program will eliminate
impact fees for twelve months and hopefully attract the builders and
developers to return to Midlothian. The city will promote a media
campaign informing builders and developers of the changes. The goal
here is to increase selective residential construction, which will
increase sales tax, ad valorem tax, franchise tax and other permit fees.
Click here for
more info.
My personal goal
is for Midlothian to reduce or eliminate ad valorem tax (property tax)
through other sources of income.
See “Future Plans.”
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