January 10, 2016 Source for details of Keller Recall is the Star-Telegram
With the bitter taste of the High Density Comprehensive Plan still in the mouths of hundreds of Colleyville citizens and with ongoing questions concerning the motives of many of those who participated in its support; the word “Recall” has surfaced in Colleyville. However, there are two factors that may dampen the current situation from rising to the level of a recall effort; 1.) the larger voter turnout in last year’s council election requires a much larger number of signatures than would have been necessary previously and 2.) two of the biggest supporters of the plan, Mayor David Kelly and Councilmember Chuck Mogged are both up for re-election in May. Delayed thoughts about a potential recall of one or more of the other supporters, primarily Mike Taylor and Nancy Coplen, both who supported the passage along with Mayor Kelly and members Mogged and Short, are likely a subject matter for after this election.
However, in addition to the elected officials, a Citizens Complaint concerning Colleyville’s City Manager has been filed by the Editor of LNO in an effort to clear up if any of her financial dealings in obtaining high density properties in her personal portfolio rise to the level of a Conflict of Interest. The litmus test, according to the Colleyville Charter, is that no elected official OR City of Colleyville Employee shall have an financial interest in any matter that was not available in the same manner, with the same information, at the same time, at the same terms and at at the same price to all citizens of Colleyville at the same time.
Despite two efforts to obtain a response from the City Manager concerning this exact issue, LNO has been stonewalled in Open Records Request. LNO has forwarded information to the Texas Attorney General’s officer concerning the fact that the first request response was the information would be forthcoming if we agreed not to ask for any Attorney Client Privilege information.
After LNO agreed, the response included no documents on the transactions. The second request that did not eliminate the possibility of Attorney Client Privilege, instead of turning the request over to the Attorney General, the effort was simply responded by that there were “no documents responsive” to your request and is part of the information sent to the Texas AG.
However, upon a separate Open Records request, concerning billing by the City Attorney, a bill was listed from December 7, 2015 for “consultation concerning Conflicts of Interest of City Employee!” LNO has requested via Open Records information on this request. A “Conflict of Interest” opinion on a City Employee should not rise to the level of Attorney Client Privilege; and the response should be available to all Colleyville Citizens. LNO waits for an answer, which normally is delayed the 10 day statutory limit the City can hold without a response or notification the question is being sent to the Texas AG.
Concerning the Keller Mayor Mark Mathews;
Residents unhappy with Mayor Mark Mathews want him removed from office and have turned in a petition asking for a recall election.
Mathews, elected in May 2014, is accused of several acts of malfeasance and misconduct on the recall petition, which will go before the City Council at 10 a.m. Friday at Keller Town Hall, 1100 Bear Creek Parkway.
The council could call for an election in May.
The petition was turned in to city officials this week. It has more than 2,000 signatures, more than enough to force a recall election.
The petition details four times that Mathews is accused of a conflict of interest. Three times during City Council meetings last summer, it says, Mathews voted in favor of a project involving Sage Group, an architecture and design company where his wife, Angela, works. One of the votes was in executive session. The petition says that Mathews should have recused himself from voting and violated the city’s code of ethics as well as state law.
On a separate issue, the petition claims that after Mathews was elected mayor, he remained the president of his neighborhood’s homeowners association advisory committee. The petition says that after trees were improperly cleared in the subdivision in 2014, the developer paid a fine of $38,300 that should have gone into a designated city fund, but instead went to the subdivision’s homeowners association.
But at the beginning of the Dec. 1 City Council meeting, Mathews presented his response to the petition, which he knew about but had not been submitted to the city.
He disputed the ethics violation claims because his wife’s company wasn’t the project applicant.
Mathews said the city’s contract was with Silver Oak Real Estate, which was contracted by Sage Group, and did not violate the city’s ethics policy or state law.
“The state of Texas does not recognize, by law, that that’s a conflict of interest,” Mathews said at the meeting.
On the issue of the tree ordinance violation, Mathews said he was never involved. He said the developer, Meritage Homes, after breaking the ordinance, agreed with City Manager Steve Polasek to pay damages to the homeowners association and to plant trees.
Mathews continued, saying that Linda Taylor — the spokeswoman for the group of 41 residents who organized the recall effort — has also made other invalid claims and complaints against him.
Mathews said he’s been threatened with a recall since March, and he questioned Taylor for seeking media attention and not presenting concerns to the state attorney general.
Mathews urged residents not to sign the petition and said Taylor actually “worked very hard to help get me elected.”
8 Comments
L Lain
A group of angry residents, all in the same geographic location, looked for items to try and impeach the mayor with. Every complaint has been addressed, verified by other persons involved, yet it still moves forward. He didn’t vote the way they wanted on zoning, so they are trying to kick him out for vengance, just like promised before one of the key votes. He is supposed to vote on behalf of ALL of the citizens of Keller, not just a few who feel they “earned” his vote by helping in his election campaign.
Be careful who you scorn, because a bunch of old ladies with too much time on their hands will come back around to bite you!
Editor - Nelson Thibodeaux
I understand your view point; however in Colleyville the passage of the High Density Comprehensive Plan was opposed by a considerably more diverse group than, “a bunch of old ladies.”
F Swain
When are you,Nelson, as a self-proclaimed and supposed ‘unbiased’ reporting venue going to STOP calling it a high density plan? It’s not that,and you know it. If you’re going to report things, report the real truth unbiasedly, instead of trying to stir trouble.
It’s really amazing how you never seem to mention that you, personally, while on council years back actually voted for the villages of Colleyville.Now, you talk about it horribly. Amazing..
Lets see what if you post this publicly. Good day!
Editor - Nelson Thibodeaux
First of all, where on LNO does it say I am a “self-proclaimed and supposed ‘unbiased’ reporting venue?” We report and back up any editorial opinion with facts. For example HERE IS A FACT; WHILE ON COUNCIL I VOTED IN FAVOR OF THE VILLAGE OF COLLEYVILLE. This is also a fact; I never voted to changed the decades old planning to have all city properties, eg. Justice Center, City Hall, Library and Community Center in the area on the East side of Hwy 26 (Town Center today) between Hall Johnson and Glade. Residential in the Village was limited to 37% with the rest being commercial. So “F.Swain” please do your research to see what was presented and what was voted on. As such, a Comprehensive Plan WITHOUT a commitment to the 1.8 dwelling per acre; where the formula is clear and understood; EASILY COULD AND SHOULD BE REFERRED AS THE “HIGH DENSITY PLAN.” Just as the Village went under many, many changes during the Mayor Donna Arp regime (who became President of the developer’s company less than 6 months after leaving as Mayor of Colleyville and after years of approving high density plans and shoving as much tax money at the project as possible. So, please learn your history and not embarrass yourself by marching to the drum beat of those few who voted to oppose a majority of the citizens in Colleyville. Also, ask yourself, why the votes swung toward this HIGH DENSITY PLAN and who may or may not have a conflict of interest. If you didn’t think that former Mayor Donna Arp had a conflict of interest, then you should be perfectly comfortable with today’s players.
David Brockman
The group opposing the Comprehensive Plan were all “ginned-up” in the final month by one council member and some still upset at losing elections last year. The plan had been developed over two years, multiple citizens having input, and multiple public hearings. It was only for political motives that those wishing to establish divisiveness in our City, chose to raise objections and make false and base-less claims at the last minute.
The political motives are to set up divisiveness and doubts in voter’s minds preparing for the elections this May. It is sad to see these few with personal political interests use this method, dividing citizens and creating an appearance that things in our City are not moving in the right direction. Reading articles in the Star-Telegram, Community Impact, and Colleyville Courier would make outsiders feel there is trouble in Colleyville, whereas, there is actually much to be proud of relating to recent developments, as well as, the future plans for our wonderful city.
Editor - Nelson Thibodeaux
Thank you for your comments, however to accuse all of those who opposed this plan is basically a “right wing conspiracy,” “just to cause divisiveness in our city,” was their motivation; sounds eerily like comments previously on behalf of far left candidates in national politics; you are not one of those are you?
David
No, I am not. But the tactics used by those leading the “rebel rousing” and divisive actions follow the model of our current President and liberals in our country.
Editor - Nelson Thibodeaux
Well you I appreciate your perception of the current President. However, since those that opposed the Plan had absolutely nothing to do with the preparation of the Plan, it is difficult for me to understand why you think it was “rebel rousing” when hundreds of citizens show up to provide their comments and those comments were 97% against? Somehow you want folks to believe this was a great planned out conspiracy when, it fact, from what I can see it was residents finding out about the plan and showing up to oppose.
NT