March 30, 2025 – Volume 8 Number 13

HIGHLIGHTS:

* Texas Open Meetings Act Violations???

 

SCHEDULE:

Tuesday, April 8: Keep Kennedale Beautiful (KKB) meeting, 6:00 p.m.

Tuesday, April 8: Parks Board meeting, 6:30 p.m.

Thursday, April 10: Board of Adjustment meeting, 5:30 p.m.

Tuesday, April 15: City Council meeting, 5:30pm.

Tuesday, April 15: Federal Income Tax deadline.

Sunday, April 20: Easter.

Tuesday, April 22: Economic Development Corporation (EDC) Board meeting, 6:00 p.m.

Thursday, April 24: P&Z meeting, 6:00 p.m.

 

…..

 

Senior Tax Freeze Missing

http://arlspectator.mysite.com/blank_7.html

 

Kennedale Observer website:

http://arlspectator.mysite.com/index_3.html

 

Latest Kennedale Observer newsletter:

http://arlspectator.mysite.com/rich_text_44.html

 

Kennedale Observer city council grades:

http://arlspectator.mysite.com/rich_text_26.html

 

City Council Comparison (May2021-May2023 vs. May2019-May2021):

http://arlspectator.mysite.com/rich_text_77.html

 

KNOW WHAT YOUR CITY IS UP TO...

Your City Council

Correction: We reported on last week's council meeting that when they reconvened after executive session, they removed a P&Z member. We listed the wrong place number. The person removed was Mr. Guo, Place 3 on the P&Z Commission.

 

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The city council did not meet last week. They are scheduled to meet for their regular monthly meeting on Tuesday, April 15.

 

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Texas Open Meetings Act Violations???

Several weeks ago a former council person (Griffith) was on social media stating, in my opinion [I do not wish to put words in his mouth, but in my opinion], trying to imply the city manager must be doing a good job, why else would the council give him a pay raise and extend his contract. I didn't remember any such actions being on the agendas, so I began investigating. I e-mailed Mr. Michels, the only person on the council the whole time that the city manager has been the city manager, with a copy of the post. [no response, just crickets]. So I went looking for more.

I requested a copy of the city manager's first contract that was approved at the July 2022 city council meeting. Neither the city secretary's office nor legal had a copy (???). There was a "Conditional Employment Terms" from June 2022 which paid the city manager a salary of $145,000 annually and was for a five-year term.

The contract from the September 2023 city council meeting paid the city manager $170,000 annually retroactive to June 1, 2023 and is good for five years from October 1, 2023. This appears to be both a salary increase and an extension.

I called the open government hotline in Austin. Well, as it turned out there appears to have been at least three Texas Open Meetings Act violations at the September 2023 City Council Meeting.

#1. The agenda [ https://kennedaletx.portal.civicclerk.com/event/3022/files/agenda/9027 ] called for "City Manager Evaluation" during the executive session. The Austin hotline person agreed that if it was as I stated, no, that is not the proper posting to give a pay raise and an extension.

#2. When they came out of executive session they first voted upon a bunch of appointments to boards and commissions (and some boards were advisory boards and could not be discussed in executive session). "Attorney General Opinion DM-149 (1992) concluded that members of an advisory committee are not public officers or employees within section 551.074 of the Government Code, authorizing executive session deliberations about certain personnel matters. Appointments to advisory boards are not allowed to use the personnel exception to be discussed in executive session." [This came from the Open Meetings Handbook 2024, from the Office of the Attorney General of Texas, page 54, https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/open-government/openmeetings_hb.pdf , .pdf page 61]. [Texas Municipal League (TML) also put out a 56-page document called Texas Open Meetings Act Made Easy, https://www.tml.org/DocumentCenter/View/3979/The-Texas-Open-Meetings-Act-Made-Easy-Updated-October-2023-X , where on page 26, .pdf page 36, it states, "Neither the appointment of advisory committee members156 nor the hiring of independent contractors157 is a proper subject for closed meetings under the personnel exception." (156 makes reference to the AG opinion referenced in the Open Meetings Handbook, 157 references a 1980 court case.)]

#3. When they voted on the contract, it was never stated as such. We the public had NO idea [and neither did the city secretary]. In the official minutes [ https://kennedaletx.portal.civicclerk.com/event/3022/files/agenda/9178 ] it shows (in a different font), "They stated they will continue with Darrell Hull as City Manager." without a separate vote, but "?included?" in the appointments vote, which is different than the video, which shows its own vote. The meeting video can be viewed at: https://www.youtube.com/watch?v=nk2OK4e2AOw . They reconvene from executive session about 4:53:21. In the recording (about 4:58:10), after Mayor Joplin brings up the subject, Mr. Nevarez made the motion to approve saying "as discussed", Mr. Griffith seconded, with Mr. Horton and Mr. Michels rounding out the 4-0 vote [again, not in the minutes that way, but on the recording]. Again, the Austin hotline person said that if it was as I stated, that was a violation. They have to tell the public what they are voting on.

This appears to be a pay raise and contract extension that they have successfully hidden for 18 months. And it was only exposed because a former council person, in my opinion, was trying to throw his former colleagues “under the bus". [He was NOT trying to expose a wrong.]

As usual, that brings me to some questions.

1. What else has been hidden?

2. This, along with the senior tax freeze debacle, begs the question of just how bad is the city attorney?

3. Just wondering, is this the experience (getting away with breaking the law) that a certain social media person keeps posting about?

 

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May 3 Municipal Election

Early voting will be Tuesday, April 22 – Tuesday, April 29. Election Day is Saturday, May 3. Kennedale's voting location will be held at Dover Fellowship Hall at 208 Municipal Drive, instead of the Community Room at the Kennedale Public Library.

Ballot order:

Place 1 – Bobby Goff, Glover (i).

Place 3 – Ryon Ray, Amanda Hollins, Michels (i).

Place 5 – Nevarez (i), James Connor, Megan Burns (write-in).

Question 5: If you receive an e-mail from a constituent on a Kennedale issue logically laid out and well documented, will you respond to the constituent? Why or why not? What actions will you take?

 

Place 1:

Bobby Goff

( http://arlspectator.mysite.com/rich_text_79.html )

Yes, I would respond to a constituent. It is our responsibility to respond addressing their concerns or questions. Having a “open door” communication is necessary if you intend to serve the public. How else would we know what issues need to be addressed? I will reply to the constituent with an email and follow up with a visit or phone call if necessary. If it looks like the situation is something that is best turned over to city staff, I will help the constituent contact the appropriate city staff and will follow up later to ensure that the constituent’s issue is addressed.

Glover (i)

( http://arlspectator.mysite.com/rich_text_47.html )

Most constituents contact the City Council as a last resort—either because they’re feeling stuck and need to escalate an issue, or because they’re unsure where to turn and need help connecting with the right department.

Others reach out simply to share their support or concerns about a specific agenda item.

I make it a priority to respond to questions or escalations. When it comes to emails expressing support or opposition, I typically reply if I believe there’s additional information that could clarify the issue or potentially influence their perspective.

I do recall one email about the Safe Routes to School program that I meant to respond to, but unfortunately, it slipped through the cracks.

To help streamline communication with city departments, I encourage all residents to download the My Kennedale app. More details are available here: https://www.cityofkennedale.com/1069/My-Kennedale-APP.

 

Place 3:

Ryon Ray

( http://arlspectator.mysite.com/rich_text_50.html )

Of course. That is part of the elected position. An unanswered email or correspondence only creates negativity and further escalation. People want and deserved to be listened to no matter if I agree or disagree with a position. A response creates trust and collaboration to a potential resolution if needed. If I am asked a question that falls outside my scope I will respond with an appropriate introduction to the City Staff member who can respond accordingly and then will follow up with appropriate time to ensure communications have been made. Every opportunity to interact with a citizen should be approached as a positive opportunity.

Amanda Hollins

( http://arlspectator.mysite.com/rich_text_21.html )

Yes, representatives at all levels must communicate with their constituents and respond to their questions, concerns, and complaints. Without active and open communication, a city council member cannot be truly effective in serving the citizens. It is that open dialogue which gives the council member insight into where they need to be focused to better serve. Further, it is necessary to follow up at a later time to ensure that all questions, concerns, and complaints are addressed and that no further action needs to occur.

Michels (i)

( http://arlspectator.mysite.com/rich_text_80.html )

I always make it a priority to respond to all questions asked by Kennedale residents and business owners. I typically will not respond to an email that is just a general statement nor will I respond to threatening emails.

I believe in the power of in-person communication. When residents reach out with questions or concerns, rather than email, I prefer to call or show up in person, listen, and work together to find reasonable solutions. Understanding the needs of our community is my priority, and I am committed to being accessible and responsive to every resident or business in Kennedale.

 

Place 5:

Nevarez (i)

( http://arlspectator.mysite.com/rich_text_78.html )

This depends. In most cases I do respond. Some emails do not warrant a response by its nature. Some emails are threats which doesn't warrant a response. Some emails I know for a fact other councilman are working on, so I do not respond. Otherwise, my phone is 24/7. I am out in the community at almost every event and I am happy to speak to anyone.

James Connor

( http://arlspectator.mysite.com/rich_text_57.html )

Yes, I would respond to the constituent if I received an email about a Kennedale issue that is logically laid out and well-documented. A well-organized message demonstrates that the constituent has taken the time to research and think critically about the issue, which deserves a thoughtful response.

I would provide a clear, detailed response, addressing the points raised in the email. If there are any actions I plan to take or suggest, I would communicate those as well. If the issue is outside my scope of responsibility or requires additional resources, I would guide the constituent to the appropriate channels.

Overall, it's important to foster open communication, address concerns, and engage constructively with constituents to ensure their voices are heard and to enhance community trust.

Megan Burns (write-in)

( http://arlspectator.mysite.com/rich_text_46.html )

I would absolutely respond to constituents. Responding and advocating is the job as a council member. Even if I do not know the answer or if I do not have an answer in that moment, everyone deserves to be heard and acknowledged.

The steps to advocacy...

1.) Analyze the issue

2.) Gather more information from the constituent as needed

3.) Help create a plan if needed

4.) Bring the issue and a plan to decision makers if needed

5.) Implement the plan

6.) Give a timeline for resolution

7.) Follow through & follow up

I have used this formula for years in healthcare management as I advocated for my team and staff. This formula ensures we have covered everything and that there were steps taken to advocate and solve problems. This helps foster solutions that help everyone involved move forward.

 

Last Week

Last week the EDC (Economic Development Corporation) Board met on Tuesday.

The P&Z Commission met on Thursday.

 

This Week

There are no meetings scheduled this week.

 

Public Hearings

On Thursday, April 10, the Board of Appeals will hold a public hearing on BOA#25-03 for a front set back variance at 100 Cloverlane Drive [the fire station].

???, P&Z will hold a public hearing on PZ25-05 for a conditional use permit for a battery energy storage system at 509 S. New Hope Road. It was not on the March 27 agenda. [withdrawn?]

 

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EDC

The EDC (Economic Development Corporation) Board met this past Tuesday, March 25. The complete agenda is at: https://kennedaletx.portal.civicclerk.com/event/3587/files/agenda/10014 . The meeting may be viewed at: https://www.youtube.com/watch?v=kPvGrEDXg38 .

The agenda included the financial reports (link), a consent agenda with January (minutes) and February (minutes), and two consideration items: discussion of an update on the Town Center and discussion of the consultant CP2 update. [no data available on the two consideration items]

(4:24) Start of meeting.

(8:33) The update on the Town Center. - first attempt.

(8:56) Consultant CP2 update. About 15:58 it was opened up to board member questions.

(25:35) The update on the Town Center, without Craig Hughes. About 33:07 Craig Hughes joins the discussion. Dollar General is to start the transition between buildings on April 19.

(45:52) They went into executive session (no lawyer was present) for 551.087, financial information about the Town Center. They reconvened about 1:19:42. There was no discussion or action on executive session items.

 

P&Z

P&Z met on Thursday, March 27. The agenda did NOT include a public hearing for a battery energy storage system at 509 S. New Hope Road [withdrawn???]. The agenda can be viewed at: https://kennedaletx.portal.civicclerk.com/event/3606/files/agenda/10020 . The meeting may be viewed at: https://www.youtube.com/watch?v=j8ySzJANJrc .

(6:03) Start of meeting.

(8:18) Update of the UDC (United Development Code).

 

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Other News....

P&Z Opening

As we reported last week, the city council had removed a member of P&Z (because of attendance issues). They will be looking to fill that position quickly.

To apply for appointed positions:

https://www.cityofkennedale.com/boardapp

 

TAD Rates

Tarrant Appraisal District has published the tax rates (October 2024) for the county. Kennedale is now the fifth highest municipality. [https://www.tad.org/content/rates/2024TaxRates.pdf ].

Top ten of 41 (everyone else is < 0.65)

1. Everman 1.0260800

2. Sansom Park 0.7796050

3. Forest Hill 0.7240940

4. Blue Mound 0.7220330

5. Kennedale 0.7061900

6. White Settlement 0.6798160

7. River Oaks 0.6758270

8. Fort Worth 0.6725000

9. Burleson 0.6627000

10. Grand Prairie 0.6600000

 

Commentary - Anonymous Posting

Thursday of last week there was an anonymous e-mail about TGAA (Texas Government Accountability Association), which made a lot of claims about the past, but did not provide evidence regarding what it was saying of Kennedale and how it applied today. For example, it named a current PAC (Political Action Committee) that it claimed was going to be used. That PAC was closed on March 12, more than two weeks prior.

When the Kennedale Observer made its selections last year, TGAA had a zero percent influence. We selected candidates that we felt would do a better job of listening and representing the residents.

How to vote? The biggest one thing I would say is to select candidates that are NOT rubber-stampers. If something does not pass the smell test you need someone who is smart enough and has enough courage to ask more questions and possibly vote NO. You need to look for council members who will listen to you, your neighbors, and the businesses and prioritize you, the citizen of Kennedale, over developers' desires.

If you look on the city's website (bottom of this page: https://cityofkennedale.com/108/Elections-Elecciones,

they try to display the governance model as citizens being on top, electing a city council, who directs the city manager, etc. Well, if the situation has a majority of the city council who are rubber-stampers, the citizens are no longer in control.

 

HELPFUL WEBSITES and CONTACTS

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Senior Tax Freeze Missing

http://arlspectator.mysite.com/blank_7.html

 

Kennedale Observer: KennedaleObserver@yahoo.com

 

The Kennedale Observer can be found on Facebook as KennedaleObserver.

 

Kennedale Observer website:

http://arlspectator.mysite.com/index_3.html

 

Latest Kennedale Observer newsletter:

http://arlspectator.mysite.com/rich_text_44.html

 

City Council Grades:

http://arlspectator.mysite.com/rich_text_26.html

 

 

Old Texas Raceway property project:

http://www.arlspectator.mysite.com/whats_new.html

 

City Council Comparison (May 2021-May 2023 vs. May 2019-May 2021):

http://arlspectator.mysite.com/rich_text_77.html

 

 

The City of Kennedale website: www.cityofkennedale.com

 

Mayor and City Council Emails:

Mayor – Brad Horton BHorton@cityofkennedale.com

Place-1 David Glover DGlover@cityofkennedale.com

Place-2 Thelma Kobeck TKobeck@cityofkennedale.com

Place-3 Kenneth Michels KMichels@cityofkennedale.com

Place-4 Chris Gary CGary1@cityofkennedale.com

Place-5 Jeff Nevarez JNevarez@cityofkennedale.com

 

Recordings of City Council meetings can be viewed at:

[https://www.youtube.com/channel/UC4a2pjrnxZ5XrbsXcoLOP4Q?view_as=subscriber].

 

To apply for appointed positions:

https://www.cityofkennedale.com/boardapp

 

To be added to/deleted from our list, please

e-mail: KennedaleObserver@yahoo.com