This page will explain my personal convictions and opinions on some of the burning issues currently facing Midlothian.

This year’s election was very interesting. The voter turnout this year appears to have been the highest for a local election. There were 1,321 votes cast; the newcomers against the incumbents. Both sides worked extremely hard to get their people elected. The campaigning was controversial, but remained professional.

A good friend of mine, Mr. Ray L. Williams said, “They’re all winners, even though they don’t all get seats. The only losers in an election are the ones who didn’t have the guts to put their name on the ballot and run a campaign, and then make fun of those who didn’t win.”

Mr. Steve Massy won re-election over newcomer Mr. Bill Redding, 690 to 628. A difference of 62 votes separated a newcomer to Midlothian politics from the “Massey” family name. Congratulations, Mr. Redding, on an excellent run for city council.

The up-set for year was the defeat of another well known family name, “Sibley.” Dr. Hank Miller won over incumbent Wayne Sibley by 7 votes, 664 to 657. Another newcomer to Midlothian politics. Welcome to the city council, Dr. Miller. Looking forward to working with you.

The results of this year’s election revealed that it's time for a change in city government. The people of Midlothian are looking for new leaders with a new vision and direction for our city.

This council is facing many concerns, control over spending, growth and the economy. Our federal government is spending trillions of taxpayer’s dollars that I personally believe we will never see again. These losses will be passed down to the taxpayer. Midlothian must control unnecessary spending and remain financially strong for the future to avoid a property tax increase.

I’ve had several meetings with Dr. Miller sharing my concerns and recommendations for the future of Midlothian. Dr. Miller is a businessman and appears to understand the value of a dollar and accountability.

I’ve spoken with Mr. Massey, who has assured me that he will continue to serve the people and be more pro-active on council issues.

There are some who feel I do not represent the best interest of Midlothian, because I question too many items presented to council. If questioning, investigating and protecting the citizens from unnecessary ordinances is wrong, then I’m up for re-election next year (May 2010). This will be your opportunity to remove council members who are not protecting your constitutional rights and preserving your hard earned tax dollars.

There was a recent letter to the Editor about attending council meetings and observing how each council member votes on city issues. I fully support this recommendation. This will provide you the information to determine who on council is knowledgeable, researching the facts before rendering a decision and considering all options that are best for the taxpayer.

There are two days left for early voting, Monday the 4^th and Tuesday the 5^th, from 7:00 am to 7:00 pm. Election day is Saturday, May 9^th, from 7:00 am to 7:00 pm, at the Midlothian Conference Center.

As this campaign approaches election date, there are many considerations you must decide before casting your vote. Do you want the same leaders, or do you want a new direction, new views and new blood to take Midlothian into a future that’s economically right for the people?

The present economy will not allow the city to continue its present financial course. This council needs individuals with common sense and wisdom to know when and when not to spend taxpayer’s money.

This election campaign has been very interesting. The incumbents have their own writing team; leaders from city hall are writing their stories and providing their technical information for their campaign.

There’s a group of business leaders and professional people campaigning for the incumbents. These individuals are spreading propaganda and half-truths about the candidates, Mr. Bill Redding and Dr. Hank Miller, who are seeking to replace Mr. Massey and Mr. Sibley.

One must ask what do these business leaders and professional people have in common with the current city leaders? Why are they afraid of change? I can answer this question. In the two years I have been on council, I have discovered many questionable transactions that I have opposed. Can you imagine what could be accomplished if I had council support?

I received the following letter from Mr. Ray Williams regarding Mr. Redding and Dr. Hank Miller. The information contained in this letter explains about half-truths being presented by the incumbents campaign writing team. Please read the letter and you decide the real truth.

All I hear from the incumbents is, "I've lived here all my life.” Living here all your life and raising your children here doesn’t make you a qualified candidate. Good common sense and representing the people make a good candidate.

I will continue to support Mr. Redding and Dr. Hank Miller for city council this May 9^th. I truly believe this city needs new leadership and a new direction that will represent the people.

To the editor:

While I’m not a Midlothian voter, I’m being used by a group of malcontents in Midlothian to damage the candidacy of Bill Redding and Dr. Hank Miller. Their information is an absolute lie, and your dissemination of the truth is appreciated.

They are a registered PAC for the purpose of promoting the candidacy of the two incumbents. They claim to be for “unity,” but their methods appear hateful and divisive. Their recent attack is an absolute lie, which demonstrates how desperate they are to maintain their control over the city.

I was a consultant for the RCAA group (www.rcaa.us) in their opposition to forced annexation. This was the second group with whom I consulted. The first group was not annexed; RCAA was.

RCAA internal e-mails were being forwarded to the city manager. It was difficult for RCAA to believe one of their neighbors was a “mole,” but that was the only explanation. A Freedom of Information request revealed one of the e-mails was sent to the city manager from an e-mail that appeared to be owned by Jason Kyle, an attorney in your city. It included a personal comment, “hehehehe.” It was felt an attorney (a) would not divulge information and sell-out his neighbors, and (b) would never use such a juvenile term as “hehehehe.” E-mail headers can be forged, so we wanted to know for sure.

I also wanted the city council members to think twice about forced annexation. I decided to “kill two birds with one stone” by writing a fake e-mail that looked like it was being sent to all RCAA members to see if it would reach the city manager. It included a “threat” of a lawsuit by a councilman – again, something to give the council members second thoughts. The e-mail was sent blindly, so the recipients could not determine the distribution list. It was sent ONLY to Jason@kyle-law.com and me, with a verification copy the communications agent sent to himself.

I knew if it were received by the city manager, it had to come from the e-mail that we sent it to, Jason@kyle-law.com. Kyle-law.com is registered to “Kyle & Associates, P.C.” The website indicates their office is at 411 W. 8^th Street, # 100, in Midlothian. Therefore, RCAA’s “mole” has access to an e-mail owned by Mr. Kyle, so assuming it is Mr. Kyle himself is not too much of a stretch of the imagination. The use of that fake information in a website owned by Mr. Kyle adds more credibility to that assumption.

This e-mail was a trap for the RCAA mole, but a MODIFIED version is now being used for political purposes, indicating Mr. Redding is responsible. A partial excerpt from Mr. Kyle’s web site follows:

“While Bill was RCAA President, a letter was sent out to their members in which they stated that if they were annexed “ Midlothian will regret ever messing with us.” The RCAA planned to “easily win any election” and after elected they planned to de-annex the entire city with the exception of the industrial tax base section. That way they would not have to pay any taxes and they could get rid of the City employees. A copy of this letter can be seen to the right. Perhaps we should ask Bill if his campaign is really his way of keeping his promise to the RCAA members.”

Note it says the e-mail was sent to “their members;” it was not. It also presents as fact that RCAA planned to “get rid of City employees.” That statement was not in the “trap” e-mail. Since they published the e-mail on their own site, one would think they would know the difference. Additionally, the wording of the e-mail has been modified from its original form.

I wrote the e-mail, and Rob Shields (their communications agent) sent the e-mail to Mr. Kyle and me. No one in RCAA ever received the e-mail, and the only RCAA person who ever saw the content was Mr. Shields, who sent it at my instruction.

Dr. Miller knew nothing about the e-mail, and was not active in RCAA at the time. Mr. Redding knew I was sending an e-mail, but was not shown the content.

From Mr. Shields’ “sent” box:

the vote

Sunday, November 23, 2008 6:22 PM

From:

"Robert Shields" <rob.tyda@sbcglobal.net>

View contact details

To:

"R A Shields" <rashields@sbcglobal.net>

Bcc:

mrwebsite@reliabledataservices.com, Jason@kyle-law.com

Message contains attachments

the vote.doc (25KB)

see attached

One can clearly see from the original sender that Mr. Kyle’s e-mail and I were the only recipients, other than the copy Mr. Shields sent to himself.

I know Mr. Kyle, and I’m amazed he would falsely publish an outright lie on his website. I can understand he thought the e-mail was real; that was what we expected him to do. But, he should have verified the authenticity of the e-mail prior to publishing it. To fabricate things that were not included and to modify the e-mail are unbelievable. As an attorney, one would think he’d know better.

It should be noted Jason Kyle isn’t the only owner of the website. R. Ted Howard, Gary Hensel, and Mark Fletcher are listed, along with Mr. Kyle, as “founding members.”

The Midlothian citizens need to know the truth. And, if the two incumbents don’t immediately denounce that site, you will know even more about their moral fiber.

Thank you,

Ray L. Williams

Early voting begins Monday, April 27 thru Friday, May 1, 2009, from 8:00 am - 5:00 pm and Monday, May 4 through Tuesday, May 5, 2009, from 7:00 am - 7:00 pm at the Midlothian Conference Center located on Community Circle.

The actual election day is Saturday, May 9, 2009, from 7:00 am - 7:00 pm at the Midlothian Conference Center. Please contact Lou Jameson, City Secretary, at 972-775-7101 if you have any questions.

As an active seated councilman, I cannot support the incumbents, Steve Massey and Wayne Sibley, for re-election. My support will go to Mr. Bill Redding and Dr. Hank Miller for city council. There is nothing personal in my decision, but I feel this council and city needs new blood, new direction and a new outlook on city business.

I have attempted to bring accountability to this council, holding everyone responsible for spending and the way business is conducted within this city. The citizens of Midlothian have the right to know where their tax dollars are being spent and who is receiving these dollars. These attempts have been met with sarcasm and statements such as “I should trust city staff when spending tax dollars.” As far as I am concerned, this not acceptable.

Council members should have the right to voice their opinion and vote based upon his/her conscience. Council members should represent the people, not their personal agendas. I believe this is not the case with the current council.

There are individuals actively working to keep the current council and mayor as city leaders. Review this information carefully and consider who these individuals are. Do they have personal ties or business interest that may be in jeopardy if Mr. Massey and Mr. Sibley are replaced? Please do your research before voting.

The election on May 9th for places 5 and 6 could very well determine the future direction of our city. The new candidates, Dr. Hank Miller and Bill Redding, will be leaders, not followers, and will study and research the items before voting. They will do what is right for the people.

It’s your choice; you decide the future of Midlothian. The current status quo; or new leadership and a new direction.

For those of you who have been tracking council activity, you are aware that there’s little to no communication between myself and fellow council members, including Mayor Whatley, over various agenda items that I have opposed.

The subcommittee that Whatley formed and dropped last July 2008, in an attempt to discredit me personally and my council seat, Place 3, “was the straw that broke the camel’s back.” My fellow council members stood by and said nothing, knowing this was a personal vendetta Whatley had against me over forced annexations and many other issues that I opposed.

There should be term limits on council member seats and the mayor. When someone remains in a position for an extended period of time, they become too relaxed, too confident and can lose their perspective on issues, as well as voting for special interest agenda items.

The election on May 9th for places 5 and 6 could very well determine the future direction of our city. Incumbents Sibley and Massey will have to work extra hard to hold their seats. The new candidates, Dr. Hank Miller and Bill Redding, are well known and carry a lot of support.

One of the incumbents recently chided me for questioning the purpose of a $2.3 million expenditure. I was told to “trust” the staff. There’s a reason the council members have to approve those expenditures; it’s to ensure the citizen’s money is being spent properly. It has nothing to do with trust of the staff, but everything to do with doing your job as a councilman. Leaving everything to the staff ignores your duty to the citizens, and is pure laziness.

Another of the incumbents is currently the subject of a lawsuit alleging improper closed meetings to try to discredit and silence me. We cannot illegally conduct business in secret and undermine the public’s trust in this council.

You can vote for the status quo of wasteful spending and blindly following whatever the mayor says, or you can vote for two new candidates who will, like me, try to run an efficient city without waste.

On March 12, 2009, Mr. Sal Mier, resident of Midlothian, TX, and a retired public health official for the Center of Disease Control (CDC), testified before the U.S. House of Representatives Subcommittee on Investigation and Oversight and Committee on Science & Technology, regarding the air quality in Midlothian, Texas.

“We are on a treadmill to nowhere. Our community’s human and animal health issues have been “festering” for a long time. Time and time again the Texas Department of State Health Services (TDSHS) tell citizens of Midlothian the Texas Commission on Environmental Quality (TCEQ) affirms toxic emissions from industries are too low to endanger public health – hence there is no point in looking at their health issues. Pleas for help die at EPA, TDSHS and TCEQ doorsteps.

In my 37 – year public health career – most of which was with the Centers of Disease Control (CDC) – I never experienced such a reluctance or lack of will to determine sources of illnesses. There was never a quarrel about finding the sources when you were dealing with bacteria or a virus. But when the potential source involves an industry, dynamics change drastically. This is why I decided to look back towards my prior employer (CDC) for answers. Thus, we turned to ATSDR, the purported ultimate environmental public health agency, for help.”

Texas Industries (TXI) agreed to meet with me to discuss the negative information that has plagued Midlothian regarding air quality. In recent news stories by USA Today, The Dallas Morning News and my personal website, the cement plants in Midlothian have been accused of discharging hazardous toxic emissions into our community air.

The meeting was agreed upon with the understanding there would be no discussion regarding past history air quality issues; only current and future TXI air quality issues would be discussed. The meeting was scheduled for February 26, 2009, at 08:30 am.

Upon arrival, I was greeted by Mr. D. Randall Jones, Vice President Corporate Communication and Government Affairs; Mr. David Perkins, Corporate Director Communication and Government Affairs; Mr. Randy Walser, TXI Plant Manger and Mr. Maurice Osborn, former Midlothian mayor and TXI employee. Mr. Osborn coordinated the meeting.

The purpose of the meeting was to share concerns and recommendations that were presented to me, as Midlothian City Councilman, Place 3, from concerned citizens of Midlothian and the surrounding area. These concerns were the results of reading the recent news stories and from my personal investigation, which was based upon multiple research studies conducted in the Midlothian area.

My goal was for Mr. Jones and the others to convince me these studies and news reports were without merit. I wanted to leave the meeting with a positive view that TXI was not polluting our atmosphere and placing our community at risk with contaminated air.

The meeting revealed that TXI shut down the four wet kilns late last year (2008), and is currently operating one dry kiln. Mr. Jones said this decision resulted from the current cement market and the poor economy. Based upon my research, the wet kilns generate more hazardous emissions than the dry kiln and cost more to operate.

TXI has three additional cement plants located in Oro Grande, CA, Crestmore, CA, and New Braunfels, TX. These plants were constructed and/or renovated with the new dry kiln technology. The Midlothian plant remains under the old technology with the four wet kilns that are shut down at this time.

As the meeting progressed, Mr. Jones and the others shared the history of TXI, processes, procedures, research data, TCEQ monitoring and the current operation, based upon today’s economy. My purpose was to convince TXI to keep the antiquated wet kilns shut down permanently and discontinue burning hazardous waste as a source of fuel for all kilns.

Mr. Jones and the others listened to my reasons for keeping the wet kilns shut down and burning hazardous waste. I learned that the burning of hazardous waste as a source of fuel cost less than other fuel options, i.e., coal, natural gas, etc. According to Mr. Walser, burning old tires is a cleaner burning fuel. Regarding the wet kilns, Mr. Jones could not or would not confirm if the wet kilns would remain off permanently or be turned back on in the future. Mr. Jones advised this decision would be made by Mr. Mel Brekhus, President and CEO for TXI.

I firmly believe there is a concern with the air quality emissions released into the atmosphere by the cement plants in Midlothian. This statement is based upon multiple independent studies, which is detailed in my Part 1 story, “Is the air in Midlothian safe to breathe?”

As the meeting was closing, I asked Mr. Jones if TXI would step up and work with me regarding several recommendations that I felt would improve community relations with citizens of Midlothian and surrounding cities.

I further stated, if TXI would comply with the recommendations, I would mediate on behalf of TXI with Downwinders at Risk in securing legislative financial support for cleaner and cheaper bio-fuels for the dry kiln operation. Mr. Jones expressed no interest in bio-fuels. His statement leads me to believe bio-fuels are not on TXI’s agenda.

Mr. Jones, representing TXI, firmly stated the company is in total compliance with federal and state regulations. TXI will stand firm on the Texas Commission on Environmental Quality (TCEQ) monitoring report and the Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) data, that the company is not releasing any harmful emissions in the air. I agreed in part to this statement, because the wet kilns are shut down. If the wet kilns are turned back on, I feel this will be a concern regarding air quality.

I was hoping TXI would take the lead role to improve air quality in Midlothian and the surrounding areas, after all the negative reporting from the national and local media.

I left the TXI meeting with no positive information to share. I will attempt to contact the two other cement plants and see if one or both will take the lead and show the citizens that they truly care about the people and the air we breathe. Will keep you posted.

The MISD School Board held a meeting Monday night, January 19^th, to consider a discussion item on the agenda regarding the Air Quality in Midlothian.

The board was to vote to consider a special public forum to allow the community citizens to ask questions and voice their concerns about our air quality near our schools in Midlothian.

Mr. Jeff Millet (concerned parent), Ms. Alex Allred (representative from Downwinders at Risk) and I signed up to address the school board members regarding the air quality issue during their open forum, to request they vote to conduct a special public forum for air quality comments.

I shared with the members of the school board multiple independent investigations from environmentalists, doctors and college professors who indicated there is a concern regarding the air emissions released by the cement plants in Midlothian. I further shared my personal investigation involving the review of toxicity release reports from industry themselves and a study by ERG, Inc., at the request of the Texas Commission on Environmental Quality (TCEQ).

Mr. Millet shared his personal concerns for his family and Ms. Allred shared additional research information with school board members.

School board members listened and expressed personal concerns regarding the information that was presented. School board member, Mr. Tom Moore, was the most outspoken and stated at one point that he was very concerned about the air quality for his family and wanted to learn more. Other members seem to agree with Mr. Moore. The in-depth discussion among board members led me to believe that a public forum would be approved so everyone could learn more about the air quality in Midlothian, and the people could share their concerns.

Mr. Duke Burge, School Board President, gave his views on the issue after the board members. I felt like I was sitting on the city council listening to Mayor Whatley. In so many words, Mr. Burge stated we are not experts in this field, and we can only go by what the State of Texas tells us. Mr. Burge further stated that the school board may not have the authority to conduct a public forum regarding the air quality in Midlothian.

I noticed that Mr. Maurice Osborn was present for the school board meeting. Mr. Osborn was mayor of Midlothian for 12 years and is now an executive and lobbyist for TXI. One must ask, during Mr. Osborn’s 12 years as mayor, did he represent the people of Midlothian or industry to secure such a lucrative position with TXI?

It appeared Mr. Burge’s closing comments regarding the lack of knowledge about air pollutants, and introducing Mr. Osborn, former mayor and now TXI executive, may have changed the atmosphere for board members. Mr. Burge recommended forming a sub-committee to explore and draft a resolution for “putting children first.” It will be interesting to read this resolution on how the school board will put our children first regarding air quality.

If I understand Mr. Burge’s statement, the school board will rely totally on the TCEQ monitoring (which in my belief is unreliable for many reasons, as stated in my investigation) to determine if our children are breathing quality air in Midlothian.

I reminded Mr. Burge and the board members that MISD publicly stated on December 12, 2008, “There is no need to be concerned about the air Midlothian students are breathing.”

I further stated, “people can hide their head in the sand and pretend nothing is wrong, but there will be a day when we pay the price.”

I will continue to voice my concern regarding the air quality in Midlothian and pursue the necessary course for industry to modernize their outdate equipment.

The answer to this question will depend upon who you are asking. If you ask the Mayor of Midlothian, Boyce Whatley, I’m sure he will say “yes.”

If you ask the Midlothian School Board Public Relations Coordinator, Ms. Jana Hathorne, she will say “there is no need to be concerned about the air Midlothian students are breathing.”

The Texas Department of State Health Services in collaboration with the Agency for Toxic Substances and Disease Registry (ATSDR) issued the "Indeterminate" finding. TDSHS/ATSDR reviewed air emission data provided by the TCEQ but it was not TCEQ's purview to issue this finding. Basically an "Indeterminate" finding means that they could not state whether the air emissions did or did not present a public health hazard to the community.

The USA Today newspaper published an article on December 10, 2008, entitled “Toxic Air and America’s Schools.” The article revealed that several Midlothian schools did not fare well regarding breathable air. You may click the link and enter Midlothian, TX, for detailed analysis and national percentile rating for our schools to see that USA Today collaborated with scientists from the University of Massachusetts, the University of Maryland and Johns Hopkins University and employed the EPA Model, “Risk Screening Environmental Indicators” in an attempt to measure the extent of chemicals that children were being exposed to while attending school. This model relied on EPA TRI data for calendar year 2005.

Although this model has limitations, the EPA RSEI website states that EPA characterizes this tool “to identify risk-related situations of high potential concern and which warrant further evaluation.” This process identified several school campuses within the Midlothian Independent School District that were potentially at high risk of toxic exposures. Two were in the 1^st Percentile---Mountain Peak Elementary and Vitovsky Elementary.

The RSEI is a screening tool used to identify situations that require further evaluation. This screening tool indicates there may be a potential problem for the school children in the Midlothian ISD. This tool indicates that Midlothian ISD has two campuses that fall in the 1^st percentile of highest risk category across the nation.

I live in the southern sector of Midlothian (FM 663 @ FM 875). There are nights when the air contains a strong unknown odor that I personally do not want to breathe. I, like many of my neighbors, feel I must remain inside my home on these nights.

As a city council member for the city of Midlothian, I have received numerous emails and telephone calls regarding the story in USA Today. People are concerned about the air quality in Midlothian and whether or not the air is safe to breathe. They want to know more.

Prior protocol for the city has been to simply not discuss the ongoing issue of air quality. However, as an elected official for the city, I feel it is my duty to research and investigate to determine if our air in Midlothian is safe to breathe. It is my duty to provide answers to the citizens of our city. Thus, my sources for the following article consist of government reports, environmental researchers, doctors, and several Texas university analyses.

It is also important to note that the information contained in this article is based upon my personal belief after reviewing the documents. I will provide an understanding regarding the potential depth of the public health problems facing Midlothian and surrounding communities as I interpret the information:

In the summer of 2008, two graduate students from the University of North Texas compiled the first-of-its-kind accounting report of all industrial emissions released by the Midlothian plants to the EPA. This report was reviewed by Dr. Al Armendariz from Southern Methodist University, School of Engineering. The report showed that all three Midlothian cement plants and the steel mill released almost a billion pounds of air pollution during 1990 through 2006, including large amounts of pollutants for which current science tells us there is no known "safe" level of exposure. View the overwhelming report the students compiled breaking down the emissions by plant, pollutant and year.

What has become a dangerous and confusing sticking point for both the residents of Midlothian and its city officials is that industry has successfully (and repeatedly) obscured facts regarding these pollutants and public health with computer-modeled "risk assessments" which tell us that they can release large amounts of pollutants into the air with no adverse impacts on human health.

After reviewing the information, my assessment is the opposite. Given what I now know about the toxicity of pollutants, it is impossible to release a billion pounds of pollution and not expect it to affect the health of local citizens. Ideally, the industry and local government’s hypothesis/assessment would be put to the test by actually gathering data on the health of the Midlothian community and analyzing it for any abnormalities. But that is something the industry and government have refused to conduct. It is my opinion that local government officials want their predictions to be final and not subject to verification, and certainly not open for further discussion. It should be known, however, that Midlothian continues to be used as a model of dangerous pollutants contaminating its residents by lobbyists in Washington D.C., presented to our U.S. Senators.

There have been many independent studies performed by various local and national organizations (on the kinds of pollutants released by the plants into Midlothian air.) These studies tell us that even small, "legal" exposures of some poison can be harmful, and that exposures that have historically been considered "safe" doses are not safe. What is known about the wide variety of health effects caused by chemical exposure is exceeded only by the unknown, and children are disproportionately harmed by exposure to air pollution, often in more ways than people in other age groups. A study of upper respiratory infections in our community conducted by Dr. Marvin Legator of UTMB revealed a higher rate of upper respiratory infections as compared to a control community and the Birth Defect Registry in Texas, based on an “active” surveillance system and case reporting, indicates that our community and county have higher rates for certain defects (these can be accessed on-line via the Texas Department of State Health Services).

Scientific studies also confirm that long-term, low level doses of poisons, the kind endorsed by industry and government "risk assessments," can be just as harmful as short-term high level exposures.

There is new science available about the health effects of many of the pollutants released from cement plants and the steel mill in Midlothian, and all of it points to the fact that exposure should be kept to an absolute minimum to avoid injury.

(Did you know that most of the “air monitoring” that goes on in Midlothian is a sampling of only a handful of pollutants once every six days – and that the six day schedule is well known to industry?)

This is why monitoring once every six days, (as has been the case with most Midlothian “air monitoring”) when the wind might or might not be blowing toward you, when the plants might or might not be burning tires, waste or just coal, when the monitors only sample a handful of the thousands of pollutants released by the plants, should be rejected by Midlothian government and residents. No amount of this kind of monitoring will ever uncover the reality of the public health situation in town.

Instead, the entire paradigm needs to shift. Instead of allowing the maximum amount of pollution permissible under Texas law and assuming everything will be acceptable, the goal should be to minimize the pollution as much as possible assuming that any exposure is potentially harmful.

There are seven circa -1960 old wet kilns owned by TXI and Ash Grove in Midlothian, TX. Although TXI recently shuttered its four wet kilns due to the recession, it has also recently applied for a renewal of its permit to keep burning hazardous waste at those four same wet kilns.

These obsolete kilns produce less than 20% of the area's cement but emit more than 50% of the regional cement industry's major pollutants such as Nitrogen Oxide, Sulfur Dioxide, and Particulate Matter. The older wet kilns do not have the same pollution control equipment as the newer kilns. And since TXI's wet kilns are the only ones permitted to burn hazardous waste, leaving them off line would allow the City of Midlothian to cease being the largest toxic waste depot in North Texas.

A call by Midlothian residents and Midlothian city officials for TXI and Ash Grove to abandon their wet kilns would be newsworthy and powerful. It would boost the chances of green cement initiatives in Austin during the upcoming legislative session, and put an immense amount of pressure on the companies to modernize their process.

I am not suggesting that we close the cement plants or get rid of the cement industry. No one wants that. What I am advocating, however, is for the manufacturing of cement to result in the fewest tons of harmful emissions possible. The first step toward this goal is to eliminate the outdated and polluting technology that the worldwide industry itself quit building 30 years ago. There are now developing countries like Vietnam and Uzbekistan with more modern cement technology than we have here in Midlothian, Texas USA. We deserve the best, and cleanest cement-making technology available. We’re worth it.

A copy of a 2006 report TCEQ was forced to do by way of a lawsuit concluded that an advanced type of pollution control called Selective Catalytic Reduction (SCR) could be installed on all the Midlothian cement plants for approximately $10 million a kiln in capital costs. While there will be those who complain that this is too high a price, let’s put this in perspective. TXI pledged $500 million to clean up its old East Texas Coal plants. I believe the health and welfare of our children, of our residents, and of our future are worth it and, clearly, TXI can afford to do this. SCR is in use in many coal plants in the United States and in at least three cement plants in Europe. It routinely gets 90% reduction in nitrogen oxides, a main ingredient of ozone pollution. It also reduces dioxins, particulate matter, metals, (including mercury), and other kinds of harmful air pollution.

The Downwinders At Risk organization has been trying to bring SCR technology to Midlothian for eight years now. A bill (SB1177) was introduced to the Texas legislation last session that would have implemented a SCR pilot test program to be conducted in Midlothian at state expense. The bill failed during the last week of the legislative session when the House leadership was challenged in a messy floor fight. Despite the entire US cement industry lobbying against it, the bill had unanimously passed the Senate Natural Resources Committee, chaired by Midlothian’s own State Senator Kip Averitt. It then also passed the entire Senate unanimously and had been voted out of the House Committee on Environmental Regulations, awaiting a full House vote. My research revealed there are advanced controls in existence that can make a big difference, if installed.

Since being elected to the city council in May 2007, I have learned that industry in Midlothian controls the way community business is conducted through county employment, charitable donations, community projects and land donations.

One must consider the financial impact when addressing Midlothian industry. Forcing industry to modernize their facilities could cause a financial burden on the community through loss of jobs and reduced taxes – but it doesn’t have to. In fact, the addition of new pollution controls at the cement plants adds to the tax rolls because it increases the value of the plants. And did you know that some cement plants are experimenting with growing their own biofuels on the extensive quarry lands they own, cutting their harmful burning of hazardous waste while employing a whole new category of workers? Change can be good for both the companies and the City of Midlothian.

I will do everything in my power as a city councilman, Place 3, to ensure our air in the Midlothian community is safe to breathe for our children and our future. This task will require citizens’ support to pressure other elected officials -- city, county, state and federal -- to get involved.

Beginning in January, the state legislature will be considering a number of different measures to speed the modernization of kiln pollution controls. With TXI recently requesting a permit renewal for the continued burning of hazardous waste in their 1960's "wet-process" cement kilns, we must act soon.

In the past, Midlothian has been known as a “company town.” Speaking out against pollution, hazardous waste and its impact on human health have always been frowned upon but this is a new era. Armed with science, new data and a renewed commitment to clean up God’s green earth, now is the time to speak out. Please join me in a new effort to win the best technology we can for our community and families. This isn’t about who’s right and who’s wrong. It’s not a Left-Right, Liberal-Conservative, Democrat-Republican, Environmentalists-Business issue. This is a public health issue and we are at Ground Zero. Let’s make Midlothian a “family town.”

Forced Annexation was introduced to the State of Texas with the enactment of the Municipal Annexation Act of 1963.

The Legislative outlook for annexation changed dramatically in the 1990s. In 1996, the City of Houston annexed an upscale subdivision called “Kingwood,” consisting of approximately 50,000 residents. The resistance of the residents prompted Senate Bill 89 in 1999. The bill will not prohibit Texas cities from forcibly annexing; it merely makes the process more difficult, expensive, and time consuming in certain circumstances.

Regardless of the circumstances, I believe legislation needs to be changed. Forced annexation violates individual rights to choose and the opportunity to vote.

The City of Midlothian exercised its right to forcibly annex two large tracts of land, approximately 550 homes, with 1100 plus individuals. This vote was passed by city council 6-1 last night, November 25, 2008.

I have opposed forced annexation since day one, when I was elected to the city council in May 2007. There are individuals within city government who have said I was elected by the rural citizens of Tracts A & B. To the best of my knowledge, these citizens are not registered voters of Midlothian and could not vote in the city council race. So, this statement is untrue.

I was elected by the City of Midlothian voters. My victory over the incumbent council member revealed that the people are concerned about individual property rights, due to the fact my campaign was based totally upon Constitutional rights.

I personally believe there were at least two other council members who feel that forced annexation is wrong, but maintained their loyalty to Mayor Whatley for reasons unknown. There appears to be considerable loyalty to Mayor Whatley from all the council members. I told myself I would be respectful to all council members regarding my feelings about how business is conducted; after last night, my feelings have changed.

This forced annexation of approximately 1100 new city voters will change this city and its government. Please don’t assume that this group will roll over and accept what the city is offering as the R.I.G.H.T. group did under the leadership of Mr. Dusty Fryer (Mayor Pro-tem) during the last forced annexation. I believe there will be many new changes through the voting process in the upcoming elections.

To the citizens who could not attend or get into the building last night, I need to inform you that I filed a law suit against Mayor Whatley and the Subcommittee (Massey and Frizzell). Mayor Whatley, Steve Massey and Joe Frizzell were served with the law suit last night regarding the Subcommittee’s investigation. I will go into further details later.

I’m sorry other council members did not feel the same regarding forced annexation. You now have the voting power to change the way government functions and its elected officials. Use it wisely.

It grieves my heart to be forced to do this, but I have filed a law suit against Mayor Boyce Whatley and the Subcommittee, consisting of council members Massey and Frizzell.

This law suit stems from the Subcommittee’s investigation where I was accused of multiple ethics and Government Code violations.

To protect myself during the Subcommittee’s investigation and Mayor Whatley’s accusations, I was forced to hire an attorney to defend me. The attorney fees exceeded $30,000. Even though the mayor and council used two city-funded attorneys to attack me, they have refused to compensate my attorney fees for my defense.

At the July 8, 2008, council meeting, Mayor Whatley and the Subcommittee concluded their investigation. The decision was made to drop the three month investigation and pretend it never happened. Well, it did happen. Three months of verbal slander from Mayor Whatley, the defaming reports, and the media's defaming my character throughout Ellis County and the City of Dallas wouldn't disappear.

Mayor Whatley informed me during the investigation, based upon the way I conducted myself as a council member, my council seat, Place 3, would be deemed “ineffective.” In simple terms, this means there will be no support from council regarding my seat, Place 3, involving debatable items or decisions on my part. There has been some cooperation among council during my ineffective status, but now since members have been served with a law suit I’m certain “full ineffectiveness” will prevail.

This will not change or stop me from questioning, debating, probing or investigating concerns that I feel need to be reviewed. It is a matter of performing my duties as an elected city official and representing the people to the best of my ability, regardless of the consequences.

My family life has been turned inside out over this Subcommittee’s investigation and the way I have been treated. It’s sad that an individual cannot voice their opinion or views without being criticized or attacked. When I decided to run for city council, no one told me that politics was easy. I have discovered it’s not what you know, but how many political associates you can put in your back pocket to help you with your personal agenda.

In summary, the accusations from Mayor Whatley and the alleged violations 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 three month investigation with my name being slandered and defamed by him.

Mr. Todd Phillippi, a highly respected Midlothian Attorney, will represent me regarding this law suit against Mayor Whatley and the Subcommittee. God willing, an understanding will be reached in this matter between the attorneys.