midlothianfamilynetwork

Midlothian and the State Budget Crisis: "A problem not of our making." Wrong.

2011-05-18T12:21:00.006-06:00

A concerned parent sent me an interesting comment yesterday after the MISD Bond passed. I think it's important to post that comment and my response here so it does not get missed by readers.

The comments refer to a video on MISD's website featuring MISD Superintendent Jerome Stewart making a presentation regarding the state budget crisis and public education.

Dr. Stewart states that the state budget crisis and the lack of funding for public education is "not of our making."

Dr. Stewart is mistaken.

Here is the comment I received yesterday and my response.

Ms. Julie,

I am a parent who is greatly concerned about the decline in an already substandard education children are receiving in Texas. I was Googling various articles regarding this issue and ran across your blog.

I have been trying to understand how people can be so complacent about getting screwed. Our governor Rick Perry stole 3.2 billion dollars educational stimulus funds (our children’s educational funds) and doled it out to industries and the like. I watched a video where the school superintendent explained how the hole in the educational budget was created and he said, “…it was not a problem of our making.”

Now you are telling your readers that annually Midlothian (a school district that houses a couple of Fortune 500 industries and more) refunds an approximate 8 million dollars from their school budget back to subsidize these companies? Then I assume Midlothian ISD will turn around and ask for welfare from the State. Out of what budget will this money come? The State educational fund? Oh, you haven’t heard the news – they don’t have it!! Now what?

This is not a problem of our making”? Midlothian has money going into their school district because these nice Fortune 500 companies are paying their taxes – just like you and I do. Now Midlothian needs help because they sent all taxes these nice Fortune 500 companies paid to the school district back to these Fortune 500 companies to subsidize them. Now Midlothian ISD doesn’t have enough money so they have to go on the dole to keep the schools running. This is supposed to be good for the children of Midlothian? How long will this go on? Forever?

Are we all crazy or what? Do we like getting screwed? Or maybe we just don’t know the difference? “They” told us it was “good for us” – the screw job that is.

It was was fortunate that the bond passed or else all the children of Midlothian would have had to pay for our stupidity.

(name withheld by request)
p.s. I like C.S Lewis screwtape letters quote captioned below picture above. So fitting these times.

May 17, 2011 6:37 PM
Julie said...
Holy Cow! I am delighted to know there really are other parents out there paying attention to these underlying issues.

To answer your question, YES, for years Midlothian has been a "rich" district pretending to be a "poor" one.

The canned response of school board members and former MISD superintendent J.D. Kennedy to the issue of MISD wiring all that money each year to TIRZ was that MISD supposedly received money from the state that supposedly made it "whole."

The money that has been supposedly given in the past to MISD to make it "whole" was tax money that came from other school districts in Texas.

But you're correct -- it's the same thing that Rick Perry has done with the federal stimulus funds. The money is taken away from public education, and in this case, it's shifted to a corporation. TXI is paid to "manage" the TIRZ and decides how the money is spent.

The money MISD gives up each year to TIRZ sucks yet another hole out of public education in Texas.

It's a shell game. And public education -- and school kids -- in Texas lose.

When the MISD superintendent and the school board members then have to cut programs and lay off teachers because there's a lack of state funding for education, they refuse to connect the dots.

It is a fact. MISD helped create the problem of a lack of state funding for public education in Texas.

But I'm glad you realize the school kids of Midlothian shouldn't be blamed for this mess by being denied the schools and the education they need.

Let's hope these kids can someday be educated enough to outsmart the local industries and their corporate welfare scams, because this generation of leaders in Midlothian has not done so well.

Thank you SO MUCH for your comment!!!

Where are all those anti-tax guys when it comes to corporate welfare in Midlothian?

The MISD SCHOOL BOND PASSED!!! Giving Credit Where Credit is Due

2011-05-16T12:21:00.012-06:00

A lot of hard work went into passing the 2011 school bond.

The credit belongs to a few hardworking parents, determined to make a better community for the families in Midlothian. At the top of the list is Jeff Millet, who, with his remarkable talents, got the message out to other parents with an extraordinarily postive campaign.

Passing a school bond in Libertarian-leaning, industry-infiltrated Midlothian is always a challenge.

From what I understand, there were over 100 people at the initial Growth Management Committee meetings back in October of 2010. As in other years, the GMC spent a great deal of time pontificating about a school bond. As before, I suspect there was a lot of hot air in that room. Polluted? Possibly.

From my experience with the school bond election of 2004, I suspect few of those blustering bond buffoons who were there just for show -- and many others -- stuck around to do the hard work of actually helping get the bond passed. Jeff not only stuck around, he raised the bar and organized an effort never before seen in Midlotian. Now THAT'S a dad who loves his kids.

Besides Jeff, I understand Andrea Walton and Cathy Altman were among the few indefatigable workers in the trenches. I have had, and continue to have, my differences with the Altmans. But on this issue, they deserve to be commended.

I commend them.

As for the cement industries who donated $2500 towards passage of the school bond, I have mixed feelings.

Mostly cynicism and annoyance.

TXI executives should have been on street corners with bull horns trying to get this bond passed. They should have read a statement to employees in support of it (just as they read a statement to employees stating opposition to the 2003 school bond).

TXI benefits from a hefty sum MISD pays each year to the Midlothian Development Authority (MDA)/TIRZ scheme. Here's what was received in 2003:

When TXI was making promises as to how much the TIRZ would benefit Midlothian, one of those promises was that TIRZ funds could be used to build a second high school and additional elementary schools in Midlothian. Just one of many promises associated with the TIRZ that will never come to pass.

In the 2001 bond MDA took out -- a bond voters in Midlothian never had a say in -- It clearly notes TIRZ money will not go towards any kind of educational facilities. Instead, tax money coming from MISD to the MDA helps pay off bond money used for "project costs." A few of the projects TIRZ has participated in the last 10 years are infrastructure related to TXI's cement plant expansion and the Midlothian Power Plant, rail expenditures related to Texas Central Business Lines, and, of course, landscaping to make RailPort look pretty.

The children in Midlothian should not be blamed for the mistakes of Midlothian's leaders.

I could not be happier that parents and grandparents banded together and passed this bond for the sake of the families and school children in Midlothian.

It's a good day.

The MISD School Bond and the never-say-yes naysayers

2011-05-09T17:59:00.013-06:00

I've been following the MISD school bond election coming up on Saturday, May 14.

I've followed a lot of them.

So this time around, we've got still Joey and his goofy Ellis County Observer/Libertarian rantings that still pop up like clockwork whenever there's a school bond.

We've still got grumpy Duff Hale writing his usual grumpy letter to the local newspaper to say how bad the school bond is.

We've still got the mysterious "Concerned Citizens Against Higher Taxes" who refuse to identify themselves but don't mind pushing the same opinions as Joey and Duff .

Here's the gist of what these guys say, and they say it every single time a school bond election in Midlothian is put in front of voters:

They say the school bond is bad, bad bad.

But to these guys, it's not just this school bond that is bad. They think ALL school bonds are bad. To these guys, there never has been, nor will there ever be, a school bond good enough to vote for. Ever.

Each time a school bond is proposed, they use the same gimmick -- they complain and try to raise doubt and say more information is needed before voters should pass it.

It's a tactic. There will never be enough information that will please these guys enough so that they finally decide this bond, or any bond, is good enough to vote for. It will not happen. Ever.

EVER.

They are whiners. They are agitators. They are anti-public education.

They will mock anyone who dares say the school bond should be passed for the sake of the kids in the community. They will sarcastically criticize anyone who dares say: "Do it for our children."

I've said it to Joey and Duff and the Concerned Citizens Against Higher Taxes before:

It's about the kids, stupid.

If you can't do something good for the kids of a community, who ARE you supposed to do it for? The cement plants?

In Midlothian, what the cement plants want have been a priority over what the school kids need time and time again.

Not only that, but TXI has been known to actively, and successfully, work to defeat school bonds in Midlothian in the past, while at the same time reaping millions in tax "rebates" they receive from MISD school kids through TIRZ.

Leaders from TXI, Ash Grove, Texas Central Business Lines and others who benefit from TIRZ should have their names at the top of the "See Who Says Yes" list on the website local citizens put together in support of the bond, and their children's schools.

It's time -- it's PAST time -- that the corporate leaders of Midlothian do right by the school kids of Midlothian and help get this school bond passed.

It is well known that as the schools go, so goes the community.

But in Midlothian, for too long, as the industries go, so goes the community.

Vote YES for the Midlothian ISD School Bond

EARLY VOTING FINAL DAY May 10
Midlothian Conference Center
1 Community Circle Drive, Midlothian, TX 76065
May 10, 2011 - 7:00am – 7:00pm

ELECTION DAY VOTING
Saturday, May 14, 2011 from 7am-7pm
On Election Day, registered voters must vote at his/her assigned precinct.

Midlothian Conference Center
(Pcts. 101, 102, 107, 108, 111, 112, 118, 142)
1 Community Circle Drive, Midlothian, TX 76065

Ovilla City Hall
(Pcts. 103 and 137)
105 Cockrell Hill Rd., Ovilla, TX 75154

TXI and Downwinders work together to betray Midlothian residents

2010-11-02T17:12:00.012-06:00

In 2005, there were families living in neighborhoods near Holcim who wanted to fight Holcim after Holcim violated its permit. Downwinders said not to worry, that Downwinders was in negotiations with Holcim and had it all under control.

Concentrate on TXI, Downwinders said.

And then Downwinders and Holcim negotiated a secret deal for Downwinders to back off Holcim in its plans to burn alternative fuels -- something "never-miss-an-opportunity-for-a press-release" Downwinders failed to mention to the public. In exchange, Downwinders, through the Sue Pope Fund, received a substantial amount of funding -- now totaling 2.3 million dollars.

But instead of using that 2.3 million dollars to fight the cement industry in Midlothian, the funding has been used for things like donating over $100,000 to the McKinney Avenue Transit Authority to air condition its trolleys.

Downwinders sold out the families living next to Holcim so the uptown folks on McKinney Avenue wouldn't have to sweat.

The Sue Pope Fund website says Downwinders is committed to helping reduce ozone in North Texas. It’s a worthy cause. But let's be clear: Downwinders priority is not to help Midlothian residents who live next to the industries.

Downwinders top priority is to help Downwinders.

The Sue Pope Fund did eventually donate something to Midlothian -- a hybrid school bus.

Come ride our bus! We’ll take your kids to their Midlothian schools where they can breathe toxic air!

I unfortunately did as Downwinders asked back then. I trusted Downwinders to deal with Holcim. I learned my lesson. But like Downwinders also advised back then, I've been concentrating on TXI ever since.

Now TXI plans to burn alternative fuels, including tires, petroleum coke, wood by-products, biomass fuels, plastics, auto shredder residue (including engineered asbestos) and liquid fuels in its Kiln #5 -- the kiln that TXI promised Midlothian residents when it was approved would never burn anything other than natural gas and coal.

TXI applied for this permit without public comments or hearing. The day after TXI announced the closure of its hazardous waste burning wet kilns, TXI contacted members of Downwinders to be involved in secret meetings to discuss future plans for Kiln #5. The meetings were not open to Midlothian residents.

Kiln #5 operates on infrastructure built from Midlothian's Tax Increment Reinvestment Zone (TIRZ). Kiln #5 cannot receive or burn those alternative fuels without the infrastructure built from the TIRZ. The TIRZ was created, and continues to be publicly funded "for the good of the residents of Midlothian." Burning alternative fuels will be a major modification to Kiln #5, and is clearly not "for the good of the residents of Midlothian."

TXI and Downwinders are now negotiating what Midlothian residents will have to breathe.

Soon, Midlothian residents will be breathing more poison. And Downwinders will be no doubt be getting more funding.

Here is the letter Midlothian resident Debra Markwardt sent to TXI regarding the issue:

Nov. 1, 2010

TXI Industries, LP
Mel G. Brekhus,
President and CEO Texas Industries, Inc.
1341 West Mockingbird Lane, #700W
Dallas, TX 75247

Dr. Mr. Brekhus:

I have been advised TXI has been having discussions/meetings with Downwinders with the intent to enter into negotiations for a settlement as to what fuels will be burned in kiln #5. Please confirm the validity of this information.

There are those of us that live in this community in close proximity to your plant who will be the most affected by the toxins that will result from your operation. Downwinders has never been given the authority to represent them or me. We need to be heard. All negotiations need to be open and transparent. Non-public meetings behind closed doors will not substitute for a public hearing. All parties who attempt non-transparent negotiations in an effort to side-step a public hearing could be named as co-conspirators in a lawsuit.

When kiln #5 was built, TXI assured the community that production from this kiln would be limited and the only fuels burned would be coal and gas. Now you are talking about making major modifications, adding more dangerous fuels and increasing production without increasing adequate pollution controls.

I, like most of the others in the affected community, am not a member of Downwinders. Downwinders does not have our permission or the authority to speak on our behalf. We demand that we be included in any discussions regarding how your operation might impact us.

Sincerely,

Debra L. Markwardt

More responses from the TCEQ meeting in Midlothian

2010-10-11T08:06:00.004-06:00

The cartoon you see above is posted courtesy of Troy Johnson, a resident of Ellis County.

There was also a letter to the editor published over the weekend in the Dallas Morning News.

Posted at 4:10 PM on Saturday, Oct. 9, 2010
Letter to the Editor
Rescue us from bad air, feds

Re: "State finds no pollution risk in Midlothian -- Mayor hails report; environmentalists, others assail study," Wednesday news story.

As a high school student in the '50s, I was taught by a conservative economics teacher to fear federal intervention and to preserve states' rights.
Now I feel conflicted, because I find myself sincerely hoping that the feds will come in and override that not-believable Texas Commission on Environmental Quality report on the safety of Midlothian air.
What happens in Midlothian affects all of the metroplex and the health of all of us. How many of us have commented on the brown air when we fly into Dallas/Fort Worth International Airport? How many of us now have allergies when before we had none? And who among us feels safe breathing our Dallas air?
The TCEQ has graciously invited the pollution plants 25 miles from us to carry on, and it is our and our children's health that will suffer.
Come on in, Agency for Toxic Substances and Disease Registry and the U.S. Centers for Disease Control and Prevention. We need you to protect us from our own.

Donald J. Malouf, Dallas

The cartoon and the letter speak for themselves.

Report of the TCEQ meeting in Midlothian

2010-10-06T13:43:00.005-06:00

Comments from a resident living near TXI:

I just got back from the meeting. If you took out City staff and officials and the TCEQ staff there may have been a half dozen people. The format was odd to me. There was a powerpoint presentation going on autopilot behind the TCEQ research people. They provided a large bound book with all the data for the few of us that wanted it (I got one). They had the Cliff notes version, a 2-page handout, for everyone else. But it didn't really matter, not many came. There was no formal presentation. So I just started asking questions about the science behind the study. I asked about the location of the monitoring, the frequency, the security put in place to safeguard collection, reading and interpreting of the data. I asked how much it cost to do the study. I was told about $400,000. I told them I thought that was not very much for a study the likes of which they were representing, in my own personal first-hand experience. I asked about the logic behind the placement of the stations, the height of the collection snorkel, whether the stations were networked and remotely operated. I asked about alternate types of monitoring, as opposed to the canister sampling (VOCs) that they used. I asked if it really seemed statistically significant to use 20 random days out of 365 and form conclusions. I was assured that all was proper. I am pretty sure they knew I didn't agree with them by the time I was finished. I had about an hour to quiz them all by myself. One of the TCEQ gents, a friendly man named Darrell, gave conflicting information to what the young lady PhD would give. He acquiesced to her comments in every case. They have spent 2 years to collect 20 days each from 4 monitoring sites plus 5 days each from 4 other "portable" monitoring stations at the schools. Clearly, I am no expert. But the methodology just seems illogical from my experience and common sense viewpoint.

Comments from Sal Mier:

What TCEQ has produced is not a health study. Public health agencies look at much more than what TCEQ offered in this most recent document. A public health agency looks at health outcomes (cancers, birth defects, etc.) in both humans and animals, reviews epidemiological studies conducted in the community, and recommends additional epidemiological studies as necessary. Most importantly, when attempting to determine the impact of toxic emissions, they will attempt to determine the validity of the air monitoring data and its usefulness and appropriateness for making judgments about public health. A regulatory agency such as TCEQ does not have the training, mandate, mission or appropriate scientists and tools to adequately do this job.

TCEQ clearly states in its missions statement that it “.. strives to protect our state's human and natural resources consistent with sustainable economic development.” Therein lies the crux of the problem. We too support and promote sustainable economic development – but not at the cost of public health.

Although TCEQ did not refer to their evaluation as a “health study” it was sold and marketed to the community as a public health impact study. TCEQ should have clearly articulated that there evaluation had limitations and based on their limited study they could not fully identify all health risks to the community. They should have also made the caveat that ATSDR and TDSHS were conducting a very different kind of evaluation and one that looked more broadly at a variety of issues that might impact on public health. Instead the TCEQ document was sold as a study upon which definite health judgments could be made -- assuring the community that they should no longer be concerned about air emissions impacting adversely on their health.

The true verdict regarding the public health of our community is still pending. ATSDR has committed to do an in depth analysis of the adequacy of the TCEQ data for evaluating public health in Midlothian. They will look at meteorology as well as dispersion modeling for identification of hot spots. They will also look at the adequacy of the monitoring data – for example, were samples of mercury (which is easily vaporized) analyzed in both vapor and particulate forms; PM2.5 (the most dangerous airborne particles) – the list goes on. ATSDR will also be comparing the emission values against a completely different set of health assessment comparison value standards.

It would be prudent to wait until ATSDR/TDSHS issues its report before making declarations of any kind. All we are asking for is that all cards that impact public health be dealt face-up.

Comments from a resident in Cement Valley:

It was the same old b___ s___. (She filled in the blanks). Honeycutt and the rest of his TCEQ gang was their, the mayor, city council, industry I would say 20 to 30 people on that side. They had a screen up with a presentation running. There was no presentation by ANYONE. It was just come and ask who ever questions. I over heard Boyce bragging to Randy Loftis (reporter at the Dallas Morning News) that he hopes this puts an end to this, that our air is clean.

A waste of time.

My comments:

With the feedback on the meeting last night, I'm going to leave my questions for the City of Midlothian and MISD for another time. Although when the ATSDR gives its findings on Midlothian, I expect with all the interest the mayor and city councilmen have about the health of the residents of Midlothian, they will of course attend that meeting as well, and make sure those results are published on the front page of the Midlothian Mirror just like TCEQ's.

As far as last night, the TCEQ tested for pollution over 20 select days and found things pretty normal. The local industries were told what days the tests would be performed. The tests were performed when the wet kilns were shut down. The tests were not performed in areas closest to the plants.

It's like testing for lightning in Dallas on a sunny day.

One thing is clear from the meeting last night. Since the TCEQ now believes it is the Texas State Department of Public Health, next time you need a flu shot, contact the TCEQ.

Questions the TCEQ won't answer at tonight's meeting

2010-10-05T11:31:00.003-06:00

"The TCEQ will host an informational meeting on Tuesday, Oct. 5, 2010, from 6 to 8:30 p.m. at the Midlothian Conference Center to answer questions regarding the study and its results. The meeting format is “come and go,” and both TCEQ and City staff will be present."

Once again, the TCEQ and the City of Midlothian will tell residents everything is okay. Once again, they will be wrong. Once again, they will not answer questions.

Here are Sal Mier's questions:

To TCEQ and local government officials:

I am unfortunately out of town and unable to ask these questions or make these statement in person. I ask that you indulge me and respond to my questions:

How appropriate is it for TCEQ to be making statements and judgments about public health impact when you are a Regulatory Agency and not a Public Health Agency?

Your pronouncements tonight regarding impact on public health on our community are not based on a comprehensive evaluation therefore, they are insincere and misleading.

As you are fully aware, ATSDR and TDSHS are currently conducting a vastly more objective and comprehensive public health evaluation and it is only when this is completed that we will then have a better understanding of public health impact of the air emissions in our community.

Do you feel there is no significance to the work ATSDR and TDSHS are doing?

It is a scientific fact that your premature statements and judgments regarding public health impact are without full basis and substance.

Sal Mier

Midlothian

Here is my question to the TCEQ:

Why don't you answer Sal's questions?

And to the City of Midlothian and MISD, after tonight's meeting, I'll have a few questions for you. I'll post them tomorrow.

TXI: How Dry I am....

2010-07-07T21:00:00.016-06:00

In August of 2008, TXI announced plans to idle its old four wet kilns.

TXI now says it will permanently shut down its wet kilns.

It's good news. TXI's four wet kilns burned hazardous waste.

But ever since those wet kilns were idled, I've wondered what TXI was up to.

There's no doubt the EPA's new federal rules governing toxic air emissions from cement kilns contributed to the decision to shut the wet kilns down for good.

But as a friend of mine in Midlothian said, TXI always finds a way to take a lemon and make cement -- I mean -- lemonade.

And TXI doesn't deny its plans to make lemonade -- I mean -- cement:

TXI said the decision {to shut down the wet kilns} was based on its desire to boost efficiency in preparation for a recovery in the North Texas construction market. Improvements planned for its remaining kiln will let the plant expand production, company spokesman David Perkins said.

Like I said in August of 2008:

TXI's TIRZ (Tax Increment Reinvestment Zone)records show TXI has long-standing plans to expand its cement plant again in the next few years with help coming from public tax money from the Midlothian Development Authority. MDA is funded mostly by tax money coming from the Midlothian Independent School District.

TXI may be giving up its hazardous waste permit, but there is no talk about decreasing the total amount of pollution TXI is allowed to release. There is no talk about whether cement production in Midlothian is going to decrease. In fact, the talk is to expand production.

"Improvements planned for its remaining kiln will let the plant expand production."

And once again, there is the problem of cement kiln dust. No talk of that. Cement kiln dust has been dumped behind neighborhoods and schools for decades.

It's not healthy. It's not green.

More cement. More dust.

More benzene. More dioxin. More mercury.

Midlothian is already known to have elevated birth defects.

The ATSDR, incidently, just completed its 5-year anniversary since the launch of the “expedited for rapid response” consultation regarding the issue.

I suspect in the coming months, as TXI schmoozes and oozes promises and plans, we'll hear all about how green and healthy dry kilns are, and how producing a few more tons of cement in Midlothian will be a good, good thing for local residents.

I've said it before. There is no such thing as healthy, green cement.

TXI is giving back its wet kiln permit. But it will want something in return.

And the school kids in Midlothian, once again, will pay for it.

Draft Jeff Millet for Congress

2010-01-24T19:35:00.018-07:00

I've been in contact with several sources about the ATSDR meeting in Midlothian on Thursday.

From what I can gather, it was mostly the usual comment session with many of the usuals stating their usual cases regarding pollution in Midlothian for the bazillionth time.

The usual contingency of industry insiders and city officials huddled together. As usual.

I hear there were maybe 150 to 200 in attendance, with many new faces. The few “newbies” that did offer comment I'm sure did so mostly with the same incredulous tone that people in Midlothian newly-aware of the pollution/health situation offer. Many of them will move and will never be heard from again.

The over riding message is still loud and clear. Families in Midlothian still want clean air.

Mayor Whatley still wonders what exactly it is that parents in Midlothian want the cement industry to do.

How about this: Stop hurting the families in town. Clean up. Be nice to children. Pay your fair share of taxes -- and that doesn't mean paying them to yourselves through the local TIRZ. Yes, TXI, I mean YOU.

I hear a few defensive-sounding fellows made some accusatory inquisitions and pointed remarks, thereby identifying themselves as THEM. Even Debbie Markwardt was dealt with harshly. Bad idea. She has a lot of friends. I'm happy to hear her sympathizers in the crowd quickly came to her defense. If I had been there, I would have been among them. I wish TXI and Gerdau Ameristeel/Chaparral Steel would do right by this woman and buy her contaminated property and let her get out of town. She's been through enough.

Chief among the pointed-remark-makers was an unnamed Midlothian resident, but commonly-known-around-town-by-all-of-us-that-he-is-a-cement-industry-cheerleader, who, in very trial-lawyerly fashion and in his best legal vernacular, demanded to know who, how and why the much smaller and more manageable committee (comprised mostly of ususal industry reps and cheerleaders) had been disbanded and by whose authority had this very important issue been carelessly tossed at the feet of the unwashed masses who would know little if anything about how to deal with it. At one point, the unnamed, but commonly-known-around-town-by-all-of-us-that-he-is-a-cement-industry-cheerleader asked if there were any plans to form a steering committee of knowledgeable experts who could help control the process.

Sounds like he wanted a committee made up of THEM.

Now, there are some cement industry cheerleaders in Midlothian who have, or have had, in some way, what could be considered, ties -- financial in nature -- to the local cement industry. I have had fun trying to connect those dots over the years.

Take Dan Altman.

Just as an example.

Dan ran for judge in Ellis County a few years back. He lost. But Stuart Pryor of Ash Grove, Maurice Osborn of TXI, and Randy Jones of TXI made several contributions to his political campaign. If Dan had won, he would have been the judge who would have overseen cases in Ellis County if someone decided to sue any of the cement industries. Lawsuits like Debbie Markwardt's. Dan would have been the judge deciding her case. And any other lawsuits brought against the industries.

So it was not unreasonable that someone -- in this case, one of the parents in attendance -- asked the commonly-known-around-town-by-all-of-us-that-he-is-a-cement-industry-cheerleader, if he was representing in any way, shape or form or in the employ, or if he has received any financial help from any city, industry, or political organization or those connected to it. A simple yes or no would have been sufficient. But instead, there was a thermal-nuclear-meltdown by the aforementioned commonly-known-around-town-by-all-of-us-that-he-is-a-cement-industry-cheerleader.

Spectators say his veins were popping out, his lip was quivering and he was staring daggers at this particular parent with bulging eyes. When the meeting leaders attempted to get back to the business at hand, he invited the parent to “step outside”.

LET'S GET READY TO RUMBLE!!!

Now, thankfully, the parent saw that the commonly-known-around-town-by-all-of-us-that-he-is-a-cement-industry-cheerleader, was not in complete control of his emotions and quickly decided he wasn’t going anywhere with him. Good decision.

When the parent declined the invitation to step outside, the thermal-nuclear-meltdown-man stormed from the room, loudly calling the cool-headed parent a ”coward."

You know, Midlothian is the wackiest town on the planet. I almost miss not living there. Almost.

After order was restored, The ATSDR did get around to explaining its processes and timing for the health study.

Does the ATSDR plan on gathering any “new” data? No. And even if the ATSDR DID gather new data, would it have any more credibility than the worthless information gathered by the TCEQ?

So. Will nothing be accomplished -- as usual? That's what remains to be seen. As usual. We wait. And people in Midlothian continue to get sick.

As for Midlothian dad Jeff Millet, it is my opinion that he we should draft him to run for Congress.

They call me MISTER Tibbs!

2010-01-21T18:33:00.005-07:00

Today, the Frontburner blog posted reference to my husband Tom's story about Midlothian that was published in D Magazine a few years ago.

Editor Tim Rogers referred to it as Susan and Tom Boyle's story. "Fine story" I think he said.

This is awkward.

It's Julie, not Susan. I don't mean to be picky, but Julie is a name I've had ever since I was a little girl.

Susan Boyle was on Britain's Got Talent.

She sings.

I blog.

Well, sometimes I blog, but there's not been much of that lately.

Lately, I've been trying to figure out what to do when my 14 year old daughter rolls her eyes at me. It takes a lot of my time.

Doesn't she know 14 million people watched me sing I Dreamed a Dream on YouTube?

But I appreciate the Frontburner blog and Tim Rogers bringing attention to the ATSDR meeting in Midlothian tonight. I'll post more on the meeting as soon as I get a report, or, if I don't get a report, perhaps I'll post a video of me singing a number from Les Mis.

Disney: What Will You Celebrate?

2009-10-23T16:06:00.005-06:00

I've been taking a much-needed break from the issues in Midlothian, although it might alarm a few people to know I was actually IN Midlothian a few weeks ago for a day.

But today, I came across news that Shamrock Holdings (which overseas the Disney fortune) won three seats on TXI's board of directors, against the wishes of TXI Chairman Robert Rogers and TXI's CEO Mel Brekhus .

Anytime anyone defeats the wishes of TXI's Robert Rogers and Mel Brekhus is good news.

To the three new board members, here's my two cents on what you need to know to get started:

TIRZ is riddled with corruption, and it can be traced back to TXI.

There really is something to those pollution rumors.

Most of all, when it comes to TXI, follow the advice from Disney's Pinocchio as given by Jiminy Cricket:

Always let your conscience be your guide.

Midlothian Residents Interviewed by Federal/State Health Agencies

2009-07-19T20:59:00.021-06:00

Yes, I know. I'm a little late getting to this. Our family went to my family reunion in Florida.

Bloggers get to have vacations too.

You know your kids are grown up when you freak out at the airport because your husband is parking the car in the economy lot and you can't get your boarding passes from the kiosk and you've been put in a long line to wait for help and it looks like you might miss your plane which would make your widowed mother very unhappy and your son calmly gets out of line and finds an airline employee who prints out the boarding passes and gets you to the plane on time.

We had fun while we were away. We saw the Space Shuttle take off (it's the little white dot over my daughter's head).

You know you and your husband are old when he wears a funny hat that embarrasses your children while on vacation but you think it's cute.

But enough of that.

Interviews were conducted from July 13-18 by the ATSDR and the TDSHS. If you haven't been interviewed, you can still fill out an online survey.

Let's clarify a few things. The ATSDR and the TDSHS are the federal and state health agencies responsible for protecting the HEALTH of people. The EPA and the TCEQ are not. The EPA and the TCEQ are the federal and state agencies that deal with regulating industries. The TCEQ is the state agency that for years, has given permits to the local industries in Midlothian to pollute. The TCEQ does not deal with the health of people in Midlothian.

Obviously.

I received an email from someone who was interviewed last week. This is what the person had to say:

I met with the ATSDR and TDHS interviewers today. It seemed like an appropriate survey. Now if only the caring they demonstrated can carry all the way through to the finished product!

I've also heard that a team of about 10 people from the ATSDR/TDSHS has walked the neighborhoods in Midlothian wearing their ATSDR PUBLIC HEALTH t-shirts.

I'm sure that this went over big with some.

There was also an article written by an AP writer published in several news sources last week.

The AP writer, unfortunately, didn't check his facts very well. No wonder the newspaper industry is in trouble.

To clarify again, EPA is a regulatory agency and is NOT THE AGENCY DOING THE HEALTH STUDY IN MIDLOTHIAN. The Agency for Toxic Substances and Disease Registry (ATSDR), in conjunction with the Texas Department for State Health Services (TDSHS), are the ones responsible for investigating public health in Midlothian.

The AP writer states that studies in Midlothian have shown things are fine. But he fails to state that there have also been studies that show things may not be okay. The TCEQ and the City have ignored those studies. MISD continues to ignore the fact that ATSDR exists, let alone that there is an investigation going on. But I'm sure MISD will keep sending home notices any time there's a Pink Eye outbreak. Because. You know. They care.

There has never been a true public health assessment in Midlothian. Never. This will be the first, and it is long overdue.

One thing I never understand. City and industry officials often proudly say that Midlothian is the most tested city in the state for environmental problems.

This is something they are proud of?

Come to Midlothian! We have to test a lot because there's toxic stuff here that can hurt you!

TXI: "Dedicated to Significanty Improving the Quality of Life in Ellis County"

2009-07-07T22:27:00.033-06:00

My friend Debra Markwardt sent me a couple of interesting items.

She posted a picture of a TXI/Chaparral Steel plaque that's on the wall of the Baylor Waxahachie Hospital. The plaque says:

"Dedicated to Significantly Improving the Quality of Life in Ellis County."

Display a plaque in a hospital. That ought do it.

Check out Debbie's website and see the picture.

She also sent me some troubling information about the monitor on Wyatt Road, by TXI and Gerdau Steel (formerly Chaparral Steel): The Wyatt Road monitor is not monitoring for VOCs.

Volatile organic compounds (VOCs) are emitted as gases and include a variety of chemicals, some known to be highly toxic.

Acute symptoms of VOC exposure include eye, nose and throat irritation, headaches, nausea/vomiting, dizziness, asthma exacerbation, allergic skin reactions, memory impairment and visual disorders. Long-term exposure can lead to cancer and damage to the liver, kidney and central nervous system.

When Debbie questioned why VOCs weren't being monitored at Wyatt Road, the response from Tracie Phillips at the TCEQ was that that was what the Midlothian Citizens Focus Group wanted.

Why would the Midlothian Citizens Focus Group not want VOCs monitored near TXI?

The group was organized by Midlothian resident Cathy Altman, a Dallas attorney who served as chairwoman of the North Texas Clean Air Coalition, a business-backed group that thinks industries should reduce pollution only if they want to.

Midlothian's city manager, Don Hastings, when speaking of the Midlothian Citizens Focus Group said in a DMN article in January that "he specifically wanted residents who didn't have a history of involvement in local air pollution controversies to advise the TCEQ."

How about a history of campaign donations?

In 2006, when Cathy Altman's husband, Dan, ran in the Republican primary for 40th District Judge, TXI executives Maurice Osborn and Randall Jones and Ash Grove executive Stuart Pryor donated to his campaign.

Cathy and Dan Altman, incidentally, do not live near Wyatt Road.

Federal Health Agency wants to interview Midlothian Residents

2009-07-06T16:21:00.008-06:00

This should be interesting. I'm not sure exactly what the ATSDR hopes to accomplish by interviewing 100 random people in Midlothian. After all, hundreds of Midlothian residents a few years ago asked for this investigation. But let's see what 100 random people in Midlothian have to say.

If people living in the neighborhoods right around the industries are interviewed, I'd be curious to know what they think about the plants. During my random knocking on doors in the Park Place subdivision next to Holcim a few years ago, I found a number of people there had concerns. The ones who didn't seem to be too concerned almost all repeated the "buzz" that the local industries' crisis management generates around town. That being: "The industries were here first." As if -- it's okay to poison your neighbor if you happened to move in first.

Too bad the ATSDR isn't planning to interview people who left Midlothian because of health concerns. And too bad there's no way to do a random sampling of interviews with Midlothian's dead to ask what their opinion is.

Here's the press release from the ATSDR.

Here's the press release from the TDSHS.

Randy Loftis at The Dallas Morning News had this to say about the investigation.

Mayor Whatley’s Summer Reading List

2009-07-02T20:35:00.003-06:00

Mayor Boyce Whatley is passing around a 10-page speech he’d like people to read.

Dear Mayor:

If you’re going to tout a scholarly speech given at a scholarly university, make sure the speech doesn’t have an agenda that makes the speech sound more like a commercial. And make sure the scholarly university is a scholarly university.

Did you happen to notice the speech you are emailing and tweeting about was given in Utah?

Um – Mayor – did you happen to remember I know something about Utah?

The school where the speech was given is a couple miles away from BYU, where I attended college. UVU used to be a small tech college called Utah Tech. It was only last July that Utah Valley University was allowed to be a state university.

You couldn’t find a speech given at a place that’s been a university longer than a year? The speaker wasn’t asked to speak at MIT. Or Cal Tech. Or Stanford. Or Purdue. Or Cornell. Or Harvard. Or the University of Texas. Or Texas A&M. Nope. He spoke at Utah Valley University.

The speech was given by Keith Rattie, the CEO of Questar. Questar is Utah’s TXU. The CEO of Questar, just like the CEO of TXU, is not exactly without an agenda.

By the way, Mayor, what exactly is YOUR agenda?

And let’s talk about TXU. Not TXI. TXU. What do you know about the Midlothian Development Authority (MDA) giving TXU a TIRZ-funded pipeline? There sure are a lot of fuzzy side deals involving millions of dollars that MDA/TIRZ has been involved in. And why did MDA agree to fund a pipeline outside of TIRZ boundaries? And how many MDA-funded pipelines provide gas and water to the local polluting industries, all funded by local tax dollars?

Maybe you could tweet about that.

Mayor Whatley, if you're really interested in studying material to understand the local problems, may I make a suggestion to get you started?

Read the local obituaries.

silence like a cancer grows

2009-06-23T14:02:00.009-06:00

When I was diagnosed with cancer four years ago next month, a sweet lady from my church hesitantly approached me. She shared with me that she had battled breast cancer several years before. She wanted to reassure me that I would be okay. She was so kind, and was always so happy and upbeat as she checked on me throughout my treatment. Her kindness and understanding gave me strength and hope at a time when I needed it. So many times, I thought: She's okay. Surely I would be okay too.

Her cancer returned last year.

On Sunday morning, she passed away.

Maybe next week, I'll be righteously indignant, and I'll throw some punches at those who need it.

But right now, I just feel an overwhelming sadness.

This past year alone, three acquaintances -- friends -- I knew while living in Midlothian have died from cancer. One was a young father of three little girls. These are just those who have died. I know of others there who are battling cancer.

I can't prove pollution contributed to any of their cancers. But I've lived in different parts of the country, and I have friends from a lot of different places, and it's only the people I knew when I was in Midlothian who seem to have cancer.

With all the discussions about rules and regulations and concerns about corporate profit and the cost of pollution controls, do the local industries think they have no obligation to not harm the families living near them?

The lack of protection over the years coming from state and federal agencies such as the EPA, the TCEQ, the ATSDR and the TDSHS has been nothing short of scurrilous.

SOMETHING is happening to the people living near these plants.

But the EPA will hold its hearings, and the ATSDR will do its investigations, and the TCEQ will continue to issue its permits, and the TDSHS will continue to say there is no health risk.

And I fear my friends will keep dying.

EPA hearing tomorrow on cement plants to discuss rules

2009-06-16T09:24:00.003-06:00

Here's the most important rule to remember about cement plants:

Don't trust them.

But the EPA is going to discuss other rules regarding cement plants and hear public testimony tomorrow (June 17) at the DFW Airport Hyatt Regency from 10AM to 8PM.

One of the rules the EPA should implement is a rule that says school kids should not have to finance pollution as school kids in MISD do through TXI's TIRZ (Tax Increment Reinvestment Zone).

Here's another rule to remember about cement plant pollution when people tomorrow are pleading for relief from toxic emissions, tire burning and hazardous waste:

There is no such thing as green cement.

TXI plans to burn tires in Kiln #5. Jerks.

2009-06-09T22:42:00.009-06:00

When TXI wanted to sell the community on a new kiln over ten years ago, the promise was that the new kiln would have the most advanced pollution control system ever utilized in a domestic cement plant and would have no increase in emissions. Robert D. Rogers, president of TXI at the time, said that Kiln #5 would demonstrate TXI’s “continued commitment to the environment and the community.”

TXI lied.

After the kiln was built, emissions increased dramatically.

TXI promised its pollution control system would be used year-round.

TXI lied.

Soon after Kiln #5 was built, TXI began efforts to turn off the pollution controls for part of the year.

TXI said Kiln #5 would use coal and clean-burning natural gas, and would not burn hazardous waste.

But now it looks like TXI plans to burn tires in Kiln #5.

Despite what TXI will say about this reducing NOx, burning tires in cement kilns is a bad idea.

Just last week, the EPA stated its concern about the use of tires to cushion playgrounds.

The EPA is concerned because of the health risks associated with chemicals in the tires.

From the beginning, Kiln #5 has been a nightmare for Midlothian.

Not only has Kiln #5 increased pollution problems in Midlothian, but Kiln #5 is also heavily associated with TXI’s Tax Increment Reinvestment Zone (TIRZ).

Using tax money, TIRZ funded the infrastructure for TXI’s expansion (and has provided TXI with millions for “soft” administrative costs as well) which included Kiln #5. Without the tax dollars coming from TIRZ, Kiln #5 would not be up and running.

There is a very simple solution to TXI’s latest betrayal to the community.

MISD should stop funding TXI by giving away millions in tax dollars coming from the TIRZ.

The school district has power it is not willing to use.

MISD and TXI are business partners. TXI's other business partners involved in giving TXI public tax money are the City of Midlothian and Ellis County.

MISD provides 80% of the tax money that comes from the TIRZ by turning the money over to the Midlothian Development Authority (MDA). The MDA then spends the tax money however TXI says it wants the money spent.

The school kids of Midlothian should not have to give away tax money intended for public education to a cement plant that then turns around and uses that tax money in ways that hurt them.

MISD school board member Duke Burge is worried people find my blog through google searches. And you know what, Duke? They do. And I’m hoping they’ll keep finding my blog, because there needs to be some forum that tells those people about what’s happening in Midlothian.

And what is happening in Midlothian is corrupt. It is despicable. And it is wrong.

City of Midlothian, MISD and state agencies maintain public silence on ATSDR investigation

2009-06-07T18:40:00.029-06:00

A letter from the ATSDR was sent to Midlothian city and school officials on May 27 stating its intention to expand the Midlothian air pollution study (see my June 2nd post). The letter was also sent to the Texas Commission on Environmental Quality (TCEQ) the Texas Department of State Health Services (TDSHS), and to the local industries in Midlothian.

Aside from a brief quote by city manager Don Hastings in The Dallas Morning News article last week, there has been no official acknowledgment of the letter. There has been no attempt to alert the public about the investigation.

Nothing. Nada. Silence.

MISD school board president, Duke Burge, to his credit, at least acknowledged on this blog that he had received the letter. He even commented after my June 2nd post:

I cannot speak for anyone else, but the reason I have been silent is that I’ve not seen the letter. After reading it, I have but one comment. Hallelujah!

So if the MISD school board president welcomes this investigation, why aren't parents in Midlothian being told about it?

MISD has Twitter. Doesn't this even deserve a Tweet?

After USA Today's series The Smokestack Effect: Toxic Air and America's Schools came out late last year, MISD was quick to respond on its website:

Despite what the news media is saying, MISD school officials want to emphasize that there is no need to be concerned about the air Midlothian students are breathing.

Where's an official statement from MISD now?

Why hasn't the mayor or any members of the city council acknowledged the investigation?

We haven't even heard from newly-elected city council member "Doc" Hank Miller, who was so quick to write two letters to the local newspapers to tell local citizens he was on top of this pollution issue, and there was nothing to it.

And why hasn't the TCEQ responded?

Why hasn't the TDSHS updated the Midlothian Air Quality Petition Site about the investigation?

And then there's Floyd Ingram, editor of the Midlothian Mirror. He was happy to write a story about the positive results coming from the TCEQ last week. It was on the front page of the newspaper. But this week, when there's news that a federal agency is looking into the reliability of those results, we get nothing. Nada. Silence. There is, however, a Pro-Joe story about how Congressman Joe Barton is helping the local industries fight a bill that would require them to clean up their emissions.

Why hasn't Joe Barton said anything about the ATSDR investigation? Why hasn't his friend, Congressman Ralph Hall said anything? Hall was interested enough to show up to hear Sal Mier testify to Congress about the ATDSR back in March, so why is he not interested now?

As my husband Tom said when he wrote an article in D Magazine four years ago, the silence in Midlothian is as heavy as a forty pound bag of Ready Mix.

DMN: Feds plan expanded Midlothian air pollution study after criticism of state report

2009-06-03T07:12:00.003-06:00

Randy Lee Loftis has a good article out today in The Dallas Morning News.

I'm pretty sure Duke Burge is responsible for the story (see Duke's comments after yesterday's post).

You know how Al Gore said he invented the internet? I'm pretty sure it was actually Duke Burge.

Federal Health Agency to Investigate Midlothian and data from State Agencies

2009-06-02T08:02:00.008-06:00

The ATSDR sent out a letter last week stating its intention to reopen its investigation into health issues in Midlothian. The investigation will include a review of the data used by the Texas Commission on Environmental Quality (TCEQ) and the Texas Department of State Health Services (TDSHS).

The Agency for Toxic Substances and Disease Registry (ATSDR), based in Atlanta, Georgia, is a federal public health agency of the U.S. Department of Health and Human Services.

In 2005, the ATSDR agreed to investigate health concerns in Midlothian, but instead, simply looked at old data supplied by the TCEQ and the TDSHS. In March of this year, Midlothian resident Sal Mier testified in front of Congress about deficiencies related to the ATSDR's efforts. His testimony appears to have made a significant impact. The ATSDR is now actually going to investigate the data coming from those agencies. This is what citizens in Midlothian have wanted.

If the ATSDR follows through on what it says it plans to do -- and "if" is the qualifying word here -- then this is best news families, children, and citizens of Midlothian could possibly hope for.

For years, many of us have been saying that the data coming from the TCEQ and the TDSHS is not reliable.

Here is the letter (I edited out the recipient) the ATSDR sent last week to the mayor, the city council, the MISD superintendent, the school board, the TCEQ, the TDSHS, and to the local Midlothian industries:

May 27, 2009

Dear ,

I wanted to make you aware that the Agency for Toxic Substances and Disease Registry (ATSDR) will be conducting an extensive review of the environmental health issues in Midlothian. ATSDR is a federal health agency of the U.S. Department of Health and Human Services. ATSDR serves the public by using the best science, taking responsive public health actions, and providing trusted health information to prevent harmful exposures and diseases related to toxic substances.

As you are aware, the Texas Department of State Health Services (TDSHS), under a Cooperative Agreement with ATSDR, released a draft Public Health Consultation in December 2007. Although this consultation did review many years of air data, there is much more that needs to be examined, including how the air data is generated. This new review will require a diverse team of scientists with expertise in many areas. A team of ATSDR and TDSHS professionals will work together to revisit the Midlothian environmental health issues and conduct an extensive review to answer community health questions.

In conducting this evaluation, the ATSDR and TDSHS will collaborate with the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ). Each of these agencies has their distinct mission. The EPA and the
TCEQ are responsible for implementing regulatory issues, while the ATSDR and TDSHS are responsible for assessing public health impact of potential harmful chemicals in a community. ATSDR and TDSHS not only look at a broader scope of health related issues, but also use different standards to determine public health impact.

Our commitment is to service the Midlothian community with integrity and dedication and make decisions on sound science. We look forward to collaborating with you and the community-at-large and we will update you on our progress at each stage. Should
you have any questions about our work, you can reach me at 214/665-8362 or jlyke@cdc.gov.

Sincerely,

Jennifer L. Lyke
Regional
Representative
ATSDR-Region 6

The city council, the school district, the TCEQ, the TDSHS (including the Midlothian Petition Site), and the local industries have all been silent on ATSDR's letter.

Instead, the Midlothian Mirror published on its front page this week a glowing story about the latest air monitoring results from the TCEQ.

It is these results, and other data, that the ATSDR says it intends to investigate.

Pomp and Circumstance

2009-05-27T09:46:00.029-06:00

My younger son is graduating from high school next week.

He spent seven years in the MISD. When he started high school in Midlothian, he thought he would graduate from there. He wanted to graduate from there. Midlothian was his home.

But knowing what we knew about the local industries, and especially after I was diagnosed with cancer, as his parents, we made the decision to err on the side of the safety of our children.

We packed up our family and left town.

When most women are looking for a new home, they have certain things in mind about what they'd like in a house -- the number of bedrooms, baths, the style of house, one story or two. I had one requirement:

I didn't want to live near a smokestack.

Been there. Done that.

It took my son a while to forgive us after we moved from Midlothian. Although there are those who celebrated when we left town, moving was an unpopular decision with our kids. It was especially tough on Ryan. He knows his dad and I have always tried to do what we thought was best to protect him and his siblings, but it was still hard. He understands now why we did what we did. And he agrees now it was the right thing for him and for our family.

Ryan has been such a good son. I'm so proud of him. He's excited about his future. He's happy. And he's healthy.

I am truly blessed.

I recently came across the 25 year reunion website for the Midlothian Class of 1984.

One post caught my attention:

Hey Everyone!! I am so excited about all the plans for our 25th reunion!! As you may remember at our last reunion I wore a scarf and beret'. I was trying to dress up a bald head left behind from chemo. treatments. I didn't care how I looked I was just glad to be there with you guys. Karen Gladney made it to the reunion right after she finished her chemo. that day. Bronwen was at an "after party", happy, but unaware she would soon be diagnosed with stage IV breast cancer. Although we are surviving cancer like Courtney Coward, Susan Epperson, Jana Calvary...We've still lost Karen Gladney, Bronwen Barber, Randy Davis and Joe Guiterrez to this deadly disease. 2009 marks the 25th year of Relay For Life and I was hoping the "Class of '84" could form a team or become a sponsor for the 2009 Relay and honor '84's survivors and the friends we have lost. To form a team of 15, every person needs to raise 100.00. We can put more than 1 team together and you can raise MORE than 100.00. I raised 1800.00 the first year and 2300.00 the next. My team of 10 raised over 15000.00. As a class we can choose to be a sponsor and there are different levels of sponsorship. The least amount to be a sponsor is 500.00 up to 15000.00. With sponsorship our name would be on Relay shirts.

If anyone is interested in participating contact me: pamphipps@sbcglobal.net I can post more information if you're interested. Any suggestions please contact me.

Hope to here from you soon!!
Love, Pam

From what I can tell, it appears the Midlothian Class of 1984 had 141 students. If the above post is accurate, eight students out of 141 sure seems like a lot of cancer to me. And this from the knowledge of just one person -- how many others in the class of 1984 have had cancer? Have all these cancer cases been reported to the state health department, or have some of them not been reported like mine was not reported? And if any of these cancers were reported, how many of them were attributed to Midlothian and not some other zip code?

I've challenged the credibility of the TDSHS in the past about how it collects data on cancer. I still feel the same. Cancer cases in Midlothian are more numerous than what the TDSHS shows. How do I know?

I can count.

The title of the graduation song Pomp and Circumstance is taken from Act III, Scene iii of Shakespeare's Othello:

Farewell the neighing steed, and the shrill trump,
The spirit-stirring drum, the ear-piercing fife,
The Royal banner, and all quality,
Pride, Pomp, and Circumstance of glorious war!

I became tired of the constant battles in Midlothian. I don't regret leaving.

Incidently, the composer of Pomp and Circumstance, Edward Elgar, died of cancer. Fighting that disease is a war I would not wish on anyone.

CONDOMS HANDED OUT AT MISD!!!

2009-05-17T08:38:00.003-06:00

Not really.

As far as I know condoms are not being handed out at MISD.

If that were to happen, there would be mayhem in Midlothian. Mass rioting on 663.

Parents would be upset.

Parents would be involved.

Parents would be moved to action.

Parents would storm the May 18th School Board Meeting at the MISD Administration Bldg. at 6:30pm to try to protect their children.

Instead, at the MISD school board meeting on Monday, May 18th, the TCEQ will do a presentation for the school board. The TCEQ will say that the air near Midlothian’s schools is clean and healthy. No problems. Everything is fine. Fine. Nothing to worry about. Things are fine. Go about your lives. Pay no attention to the smoke stacks in town.

The school board members want very badly to give their blessing to the TCEQ and end all this fuss about toxic air coming from the local industries that threatens MISD school children.

Problem is, the long-term deplorable actions of the ethically-challenged TCEQ, with its "kids-are-expendable" philosophy, make the folks at Planned Parenthood look like deacons at the First Baptist Church of Midlothian.

Why does the morality of the children in MISD matter, but the health and well-being of the children in MISD not matter at all?

It appears parents in Midlothian, for all their talk about family values, could care less about what the industries in Midlothian are doing to their kids.

I’ve said it before. The polluting industries in Midlothian are not the biggest threat to the children in Midlothian.

The apathy of their parents is.

TCEQ’s presentation to the school board will take place at the Midlothian ISD School Board Meeting, MISD Administration Bldg., Monday, May 18th at 6:30 PM.

I figure there will be less than 10 concerned parents in attendance.

Politics in Midlothian: Follow the Money

2009-05-11T16:52:00.004-06:00

During the Watergate scandal, anonymous news source Deep Throat told investigative reporters to "follow the money."

It's not always easy to follow the money in Midlothian -- especially when there are city-backed scams such as TXI's Tax Increment Reinvestment Zone (TIRZ).

But it's not so hard to look around Midlothian and ask who has the money.

The local industries in Midlothian have billions. And if you live in Midlothian, and you don't think the local industries influence local politics, you're stupid. Midlothian is exactly the town the local industries want it to be, and that's not likely to change.

I received a comment a couple days ago from someone in Arlington who planned to move his or her family to Midlothian. The family has reconsidered, and will now not make Midlothian their home.

Lucky for them -- they got out before they got in. It's because of people like this commenter that I will continue to do this blog. And to Sal and Grace Mier -- don't ever think the work you've done and continue to do doesn't matter. At least one family was paying attention.

Anonymous said...

Scarry, My family and I were going to consider moving to Midilothian, We Actually put earnest money down for a piece of land, ignoring the smoke stakes billowing out whatever gunk that releases into the air and soil. I just am Grateful that you posted this info. I have two young children and honestly feel and think exposing them to such pollutants would be neglectful and a form of abuse. It is truely sad that money buys the souls of our so called leaders. It appears obvious to me what must be happening to the community just up the way from where I live in Arlington, Texas. A person would have to dumber than a box of rocks to believe that it is just coincidence that cancer and birth defects abound in that community; and rarer yet, the same kind of cancer? All of this is wrong. I have to tell you though the beauty of Gods country abounds in Midilothian with the green pastures and the old quaint town feel, and yet..those two gray eyesoars on the horizone just makes one wonder Why??? Why are they there? Why don't these companies care? I know money speaks louder than words. But still I thought the Governmnet was suppopsed to be for the people? Looks like they are just for the Industries at the expense of the people. What have we become????

May 9, 2009 11:14 PM

"Doc" Hank Miller is drinking the Kool-aid

2009-05-05T11:18:00.016-06:00

There was another letter Chiropractor Hank Miller, running for city council, sent to the Midlothian Mirror last month.

This time it was about how there's no need to worry about birth defects in Midlothian because while they're significant, Miller claims they're not significantly significant.

Now, if you were running for city council, and you were going to submit two letters to the local newspaper to help your campaign, why would you write one letter regarding how there's no cancer problem, and another letter about there's no birth defect problem?

What happened to taxes, Hank? What happened to "vote for me?"

Now, I'm all for change. And I think the best way to deal with the folks currently running Midlothian is to tie them to the top of the smokestacks in town and let them breathe. After all, we've heard for years it's just steam coming from the stacks.

Frank Viso at the Corporation for Economic Development of Midlothian could use the idea to promote more economic development. Unhappy with your government leaders? Bring them to Midlothian for a steam bath!

New leaders in Midlothian are a good idea. Unless they're bad new leaders. Or stupid new leaders. Then we're right back to where we are now, only voters will be thinking because they have new leaders, they're good leaders and they don't have to pay attention anymore.

And what's up with this package deal thing Miller keeps promoting?

Hank Miller, on his website, has made it sound like he and Bill Redding, who's also running for city council, are a team. You see it in the letters in the Midlothian Mirror, too. Vote for Miller and Redding!

So Bill, how do you feel about the donation-seeking letters Hank had published in the Midlothian Mirror letting the local industries know he doesn't think cancer and birth defects are a problem?

If Miller and Redding really are joined at the hip -- sounds like a significant birth defect to me -- then here's the solution to voting next week.

Vote for the bad guys or the stupid guys.

Don't Bank On Hank

2009-04-27T13:38:00.004-06:00

Chiropractor Hank Miller is running for the Midlothian City Council. He must be pretty serious about politics because on his website he throws around the title “Doctor” to let people think he knows about pollution and stuff and he throws around the phrase “God Bless" to let people know he’s a Christian who cares about you enough to want God to bless you, even when you don’t sneeze.

Hank has a letter in the Midlothian Mirror this week that caters to the local industries, and his website is open about the fact that he’s open to receiving any donations. His letter quotes, verbatim, a May 2005 report from the Texas Department of State Health Services (TDSHS) as if he has some special knowledge of it, although he uses no words of his own in the letter. He doesn’t even add “God Bless” at the end of it.

Well, Hank, I do have special knowledge of that report, and I don’t even crack bones for a living. I was the mom, still fairly naïve at the time, who, after contacting the TDSHS with my concerns about cancer in Midlothian, was told on May 3, 2005 by Brenda Mokry of the TDSHS that the state would do a cancer cluster investigation.

At the time, Hank, I still had hopes that the TDSHS actually tried to help people. I mistakenly believed the state would investigate the three zip codes from Midlothian, Cedar Hill and Venus separately, and not lump them all together, which would, and did, skew the results. I was even foolish enough to think the state health agency would investigate the “hot spot” neighborhoods in Midlothian where I told Brenda Mokry I had found an alarming number of people with cancer.

But that’s not what Brenda Mokry and the TDSHS did. Brenda and the TDSHS simply looked at the useless paperwork they already had, and about a week later informed me that the “investigation,” was finished and everything was fine. Nothing to worry about.

But you see, Hank, there was, and is, something to worry about. The cancer numbers the TDSHS has aren't accurate. I know they aren't accurate because I can count. I counted more same-type cancers – some of them rare – in Midlothian than what the Texas Cancer Registry had. I knew the peoples’ names. I knew their addresses. I knew what type cancers they had.

This might come as a surprise to you, Hank, but the cancer incidence numbers in Texas are not based on an active surveillance system. Cancer rates are based on a passive system. The TDSHS relies on healthcare providers to report the information. They must not have taught you that in chiropractic school.

After I was diagnosed with cancer in July of 2005, I tried to track how and if my own cancer was reported to the state. I have repeatedly asked the TDSHS for proof that my cancer is part of the Texas Cancer Registry. But there is no proof. If my own cancer was not reported, how many other cancers in Texas, and Midlothian, have not, and are not being reported?

I am not the only person who questions the integrity of the Texas Cancer Registry. People in Zavalla, Texas believe statistics coming from the Texas Cancer Registry lie too.

But here’s the thing, Hank. From your letter, it sure seems like you have unwavering confidence and complete trust in how the government operates. From your letter, it’s pretty evident you’re willing to blindly rubber stamp government agencies – no questions asked.

So I’ve got to ask, Hank…

…What makes you any different from the other politicians in Midlothian?

TXI's Puppet Show

2009-04-14T15:13:00.011-06:00

Submitted by Jeff Millet

Come to Midlothian! TXI gets to burn hazardous waste for 10 more years!

2009-04-08T18:09:00.006-06:00

TXI will be burning hazardous waste and dumping toxic dust near neighborhoods and schools for the next 10 years.

NOTE: The TCEQ has once again made it clear that businesses, not families, matter. So today this is not the midlothianfamilynetwork. Today, this shall be known as the midlothianbusinessnetwork.

Do you have a business and are you interested in locating to Midlothian. Texas?

Come on down!

TXI will sell you a premium lot right next door to its facilities in Railport! And what makes these lots so special? In addition to the contaminated land, you get the added bonus of toxic chemicals and heavy metals – at NO EXTRA CHARGE!

Here is a list of the major businesses that have already jumped at the chance to reduce the quality of life of their employees and families by locating to TXI’s Railport:

Toys R Us Distribution Center
Target Distribution Center
Kehe Foods
Eagle Roofing
American National Power

The Corporation for Economic Development in Midlothian is currently working on convincing other businesses to locate to TXI's Toxic Town. Some of these business deals are top secret and only have top secret project names. According to the minutes of the CEDM’s last meeting, they are:

1. Odin
2. Project DJ
3. Project Judy
4. Hotel
5. Boomers
6. Sunbelt

Today’s news that TXI will continue burning hazardous waste and dumping toxic cement kiln dust near neighborhoods and schools for the next 10 years is no doubt something the CEDM plans to use to further sell businesses on Midlothian.

I see the "Hotel" they're trying to bring to town has no name. How about calling it the TOX INN? In fact, how about two hotels? The second one could be called the DIOX INN. The motto for the two hotels could be: In Midlothian, we don't roll out the Welcome Mat. We roll out the Haz Mat!

Then those businesses, too, can have employees who send their children to schools with toxic air. They can tell their employees that these are schools people talk about, and they’re often in the news. And the children of the new employees won’t have a hard time fitting in – all they need is an inhaler and they’ll be like other Midlothian kids. In the meantime, their parents can get involved in local community activities.

Sure children of the employees might have higher rates of birth defects than if they lived someplace else – and, of course, in Midlothian, there’s always the chance of a chemical spill or fire or accident from those rail cars and 18-wheelers that zip through town carting all those toxic materials, but hey – that’s part of the adventure!

The business leaders of Midlothian must be so proud. After all, they've made Midlothian what it is.

So come on down, all you prospective employers, and be sure to bring the kids!

The TCEQ plans to allow TXI to burn hazardous waste. Again.

2009-04-06T11:21:00.002-06:00

TXI wants to renew its hazardous waste permit.

I've got nothing. I've been in bed for three days with yet another respiratory infection. I'll write more when I'm feeling fiesty again.

It sucks to be sick.

The Children on the Bus go Wheeze Wheeze Wheeze

2009-03-31T09:35:00.003-06:00

The MISD school board meeting last night was supposed to include a presentation by the TCEQ about how safe the air is near Midlothian’s schools.

TCEQ canceled its presentation.

Instead, the Sue Pope Fund, which receives its funding through a partnership between Downwinders and Holcim, presented a check to MISD to buy a bus that will be less polluting to Midlothian than a regular bus.

Yep. That oughta do it.

Downwinders made a deal with Holcim in 2005 to stop fighting Holcim’s pollution permit application in exchange for -- a bus.

I guess 30 pieces of silver was not an option.

Downwinders has been blowing kisses at Holcim ever since the deal, including holding up Holcim as a perfect example of how a plant can produce “green” cement. I have a name for the folks who believe that Holcim is producing green cement.

Oxy-gen-morons.

For a number of years, Holcim has reported the highest dioxin releases in Midlothian, more than even TXI. Holcim releases almost as much dioxin as TXI, Gerdau (Chaparral) Steel and Ash Grove combined. Look it up in the EPA's Toxic Release Inventory.

Dioxin is one of the most toxic chemicals known to man.

How about that green dioxin, Downwinders?

When I lived in Midlothian and I was knocking on doors and regularly receiving information from people in the community, it was the neighborhood around Holcim – Park Place – that I found had an alarming number of people -- and children -- with health problems. More than what the Texas State Health Department was reporting.

The Sue Pope Fund, because of Downwinders deal with Holcim, is not allowed to fund any projects that Holcim does not approve of.

Like, say anything that might actually help the families and children living near Holcim.

So, if you live in Park Place, and you and your family members get sick from the pollution coming from Holcim, quit your whining.

MISD got a bus.

TCEQ cancels its presentation to MISD school board

2009-03-27T14:43:00.008-06:00

The TCEQ will not be making a presentation at the school board meeting on Monday as had previously been announced.

The TCEQ wants to wait until it can present the hard facts about pollution in Midlothian.

Just typing that makes me giggle.

I guess there are facts, and then there are HARD facts. Are HARD facts the same facts as COLD hard facts or are cold hard facts different from regular facts since we now know that regular facts are different from hard facts?

At least this confirms that the propaganda coming from the TCEQ that the Mayor recently called "reassuring" wasn't based on hard facts.

But exactly how hard are these facts the TCEQ has yet to present?

It's already been established that the facts about Midlothian's pollution are too hard for the TCEQ to figure out.

And from past experience, we know the school board has had a hard time understanding facts, let alone hard facts.

So does this postponement of the TCEQ's presentation until May 18 mean that the TCEQ plans to present real, true, accurate, complete, cold, hard facts about the pollution in Midlothian?

Hardly.

TCEQ: Tinkering with Toxics

2009-03-24T11:21:00.005-06:00

Someone asked me privately why I am not impressed with TCEQ’s air quality monitoring of Midlothian.

Simple answer:
TCEQ’s monitoring of Midlothian is incomplete, inaccurate, lacks credibility, and is fraught with the potential for corruption.

TXI has temporarily shut down its wet kilns that burn hazardous waste. It’s not a coincidence that TXI has stopped burning hazardous waste while the air monitoring is going on.

But there are other issues that cast doubt on the air monitoring process.

Dr. Al Armendariz, who is on the faculty at SMU, said in a statement attached to Sal Mier’s testimony to Congress:

TCEQ is the state agency that grants permission to facilities to emit pollutants to the atmosphere. In the permit writing process, the state agency is making a legal statement that a facility will not adversely impact public health. There is a very obvious potential conflict of interest when the same agency later goes into the community to do follow-up. {TCEQ} is essentially examining whether the facilities to which it granted permission to emit pollutants at an earlier date are now in fact causing an adverse public health impact.

He states that TCEQ makes the assumption the air pollution is only inhaled. But, he says

…inhalation is only one route through which air pollutants enter children’s bodies. Air pollutants also deposit on the ground, on soils, grasses, and in playgrounds. The ATSDR and the state agencies should have attempted to quantify the TOTAL exposure to air pollutant compounds in children and other vulnerable individuals, examining both ingestion and inhalation routes of exposure.

Three little words in regards to what children in Midlothian may be ingesting:

Cement Kiln Dust.

Dr. Armendariz says that TCEQ’s monitoring does not include, and ought to include:

(1) samples analyzed for dioxins and furans, in both vapor and particulate forms
(2) samples analyzed for mercury, in both vapor and particulate forms
(3) samples of soils and dusts in schools and parks taken and analyzed, so that exposure to children to toxins from both inhalation and ingestion routes of exposure could be examined
(4) samples analyzed for polycyclic aromatic hydrocarbons (PAHs)
(5) data on cement and steel production from local industry evaluated to ensure that local industrial output during the sampling period was indicative of historical averages

In addition, he points out that the industries have some kind of shut down maintenance period during the year. The industries would most likely do their shut downs/maintenance while the air is being tested.

Sal Mier has said that the TCEQ uses the Effects Screening Levels which are higher than the EPA or ATSDR standards to declare everything safe. Even city leaders have said that “the interpretation of test results always involves a certain element of subjectivity.”

If that isn’t enough reason to question the air monitoring results, what about the “toxic soup” nature of the chemicals being emitted in Midlothian? Midlothian spews a dangerous mix of chemicals unlike any place else. The TCEQ hasn’t addressed that problem. And what about “upsets” at the plants – the accidental releases the industries frequently have? How are those figured in to the monitoring?

Midlothian Mayor Boyce Whatley says he welcomes any testing done by either federal or state agencies.

Sure he does. He knows the federal and state agencies can be counted on to screw things up.

Living in Midlothian is like living in a Petri dish. The fact is, federal and state agencies don’t have a clue as to how much real damage the industries are doing to the people living there. But they certainly know there's a reason to suspect there's a problem, or testing in Midlothian wouldn't be an issue.

When my sons (the Eagle Scouts who conducted an intervention to convince me to kick my Diet Coke habit) were involved in the band program while attending Midlothian High School, they were given random drug tests on a regular basis to see if they had any drugs in their bodies that shouldn’t be there.

So why not give random chemical tests to students in Midlothian to see if they have any chemicals in their bodies that shouldn’t be there?

In fact, why not do random chemical testing on the city council and school board members? There’s obviously something wrong with most of them, maybe it would help explain a few things.

And then, of course, random chemical tests for all industry employees in Midlothian should be mandatory. As for the industry executives up in North Dallas who steer clear of Ellis County because they don’t want to get sick – move them next to the plants, and if there's really no harm, let their children ingest cement kiln dust on a regular basis.

After all, what’s good for the goose is good for the gasser.

Mr. Mier Returns to the Midlothian Twilight Zone

2009-03-19T10:15:00.008-06:00

Air monitoring results from the TCEQ are in!!! And the City has issued a Press Release!!!

The fix is in from the city, from the state, and from ass -- I mean ace -- Midlothian Mirror reporter/editor Floyd Ingram.

Last week, long-time Midlothian resident Sal Mier was invited to Washington, D.C. to testify in front of Congress about how useless the federal agency created to protect the health of families is.

Sal didn’t testifiy to the ATSDR, Floyd. He testified against the ATSDR. The organization he testified to is known as:

C-O-N-G-R-E-S-S.

According to Floyd, Sal Mier and Grace moved to Midlothian "several" years ago.

Since when is 33 years “several?”

Math wasn’t one of my best subjects, but moving to Midlothian 33 years ago would seem to be a bit more than “several.” 33 years ago was 1976. In 1976, Marcus Welby, M.D. was on TV. In 1976, Barry Manilow was popular. In 1976, the Apple Computer Co. was formed.

Could it be that Floyd is trying to discredit Sal, lumping him with the scary newcomers in Midlothian, who bring with them scary ideas like how getting poisoned by the local industries might not be a good thing?

Floyd must be doing that funky New Math. I figure it’s the same math the TCEQ used to count the toxic stuff in the air monitors. Calm down, folks -- we only counted several bits of pollution in those air monitors. See, we notified the cement plants beforehand about how the air monitors were going to be on and all, so they had time to stop belchin’ the real nasty crap. Our plusin' skills aren't that good, and this way we didn’t have to learn how to count to those confusing big numbers.

And then Floyd, bless his fact-challenged little heart, said Midlothian resident Debbie Markwardt was a longtime member of Downwinders. Debbie isn’t a member of Downwinders. Neither is Sal. Neither am I. Floyd, if you had bothered to talk to Debbie for five minutes – (Floyd: five is the number after four, if you count all your fingers on one hand, that’ll get you to five) – heck – let’s make it easy for you – if you talked to Debbie for several minutes, you'd know that. You'd know about a lot of things going on in Midlothian you apparently don't care to know about. Debbie's been through a lot. Someone set a fire at her place a few years back and almost killed her dogs, but she managed to save them. It’s the pollution she’s had a tough time saving them from.

As far as laying off employees after TXI temporarily shut off its wet kilns a few months ago so as to cheat the air monitor testing, Floyd's math skills suddenly improved. He says TXI layed off 100 employees. Why didn’t he just say several? Debbie Markwardt had a good math solution to the lay-offs. She said if TXI just fired one of its lawyers, the other employees could have kept their jobs. I even had a logical lawyer in mind for TXI to fire so as to save those other employees’ jobs: Al AXE . Fire him, and rehire the other employees. Until the air monitoring is done and TXI fires up its hazardous waste again, the rehired employees' new assignment could be to clean up the cement kiln dust piles.

People often don’t completely trust that government is capable of fixing problems, believing instead that government is often ineffective and part of the problem. Except when it comes to monitoring air quality. Then some people –- especially those in Midlothian, Texas -- believe government is doing an outstanding job and there's nothing to be concerned about.

As far as the city's press release and Floyd's article that things in Midlothian are fine based on the math coming from the TCEQ:

WCNC.

Worthless Crap. No Credibility.

Mr. Mier Goes to Washington

2009-03-12T09:27:00.013-06:00

Midlothian resident Sal Mier testified in front of Congress today.

Really.

Sal and his wife Grace are in Washington D.C. where he testified in a congressional hearing this morning regarding his discouraging experience working with the Agency for Toxic Subtances and Disease Registry (ATSDR) in an attempt to address health problems in Midlothian. ATSDR worked with the TCEQ and the Texas State Health Department (TDSH) in what became a useless investigation of health problems in Midlothian.

Sal is a retired Director of Prevention for the Center for Disease Control. He and his wife Grace are the best. His grandchildren, who live in Midlothian, are very proud of him, as they should be. The youngest evidently said, "Papa is going to Washington to testify. I don't know what testify is -- but Papa is going to do it!

And testify he did. Sal didn’t do this for attention, for glory, for donations, or for political gain. He did it out of concern for his aforementioned grandchildren.

This is a big deal. The only attention Midlothian has received from Congress up until now is the pro-industry, anti-public health assault Congressman Joe Barton has perpetrated all these years against the families he has represented.

Barton (aka “Smokey Joe”), who represents Midlothian, was not in attendance at the hearing. However, fellow Texas Congressman Ralph Hall, who represents the 4th Congressional District, showed up to say he was interested in what Mr. Mier had to say.

I’ll bet he was interested. Hall, along with Barton and Tom DeLay, was once named one of the “Sooty Six” responsible for relaxing clean air laws. He has a poor environmental record and not surprisingly, has received contributions from TXI’s PAC.

This hearing, and Sal’s testimony, is an important nail in the coffin regarding the complete lack of credibility federal and state agencies currently have in protecting the health of Midlothian residents.

Until things change, when you hear of anything involving ATSDR, TCEQ or TDSH, remember this:

WCNC.

Worthless Crap. No Credibility.

For years, concerned residents in Midlothian have looked to Pachyderms to help them. But elephants such as Dr. Seuss’s Horton -- who listen to and care about the residents in small and seemingly insignificant towns -- have proven to be fiction.

So let’s see what the Asses will do.

To those federal and state agencies, and especially to Joe and his Cronies…

…Today, the Whos of Midlothian were heard.

Thanks, Sal.

The AP news story regarding the hearing can be found here. Even The Ellis County Press had a story about it. The Dallas Morning News had a reporter at the hearing and should have a story tomorrow about it. Don't expect to see anything in the Midlothian Mirror.

UPDATE: The webcast link to see Sal's testimony is on the right-hand side of this page. His testimony starts approximately 17 1/2 minutes into the webcast. Be sure to also see the question and answer section. Around 1 hour, 7 minutes into the webcast, Sal talks about the strong hold the industries have on Midlothian from the city council to the school board.

The Dallas Morning News article about the ATSDR hearing can be found here.

The AP story is all over the internet, in news outlets all across the country. Amazing coverage.

Great Expecations: What Would Sam Do?

2009-02-23T12:54:00.006-07:00

From Great Expectations by Charles Dickens:

...no varnish can hide the grain of the wood; and...the more varnish you put on, the more the grain will express itself.

The MISD School Board has issued a Resolution relating to air quality.

On the surface, this is remarkable.

For the first time, MISD has acknowledged there is air in Midlothian and that school children breathe it.

On March 14 of 2005, when my husband Tom and I spoke to the school board about our concern for our children because of their schools' proximity to the industries, the official minutes merely mentioned we spoke to the board about health issues.

It was Tom who later eloquently argued in a public hearing in June of 2005 that as parents we should be able to contest the industries' permits and receive party status because our children attended schools two miles or less from the plants.

Yes, I'll bet there are those who are very happy we left Midlothian.

Still, the school board ignored the issue.

Five of the seven board members are the same board members who were there in 2005. Now, four years later, when Jeff Millet spoke to the school board last month on January 19, the official minutes give bullet points of what he said.

And now this resolution.

In it, there are a number of mentions of how the school board expects this and that of EPA, TCEQ and the local industries.

It would appear there has been progress. Lots of expectations. Expectations are good.

But it's made me wonder...

Rather than go to the bother of fighting the Battle of San Jacinto after the Alamo, wouldn’t it have been easier if Sam Houston had just let Santa Ana know he expected the Mexican Army to do what was right? Rather than fight, Sam Houston could have just signed a resolution telling Santa Ana what he expected.

Of course, if he had done that, Texas might still be a part of Mexico. Because of that battle, San Jacinto has been called the birthplace of Texas liberty, but maybe I’m splitting hairs (and, if you are observant, that hasn’t always been easy for me to do).

Now, I know we don’t have Sam Houstons on the MISD school board. There’s a Cindy, a Jay, a Jim, a Phil and a Duke. And the two new guys.

So it's important to keep in mind that these are not great leaders. Lower expectations are in order.

But then I thought about me. And I’m certainly no Sam Houston. And I’m not a great leader, either. But I am a mom with credibility. And if I tell my teenage son I expect him to turn in his English assignments -- and he doesn’t -- he knows that he can expect consequences. He knows there's an "or else." He knows to expect I will call T-Mobile and turn off his cell phone. And to a teenager -- at least to my teenager -- turning off his cell phone is akin to a thermonuclear event. T-Mobile is my nuke of choice.

So I'm wondering, is the MISD School Board willing to use its nuclear weapon, aka, TIRZ funding, if the local industries do not meet expectations?

Is there an "or else" to all these expectations?

Time will tell if with this resolution, the MISD School Board is expressing its grain, or is simply applying a little varnish.

Homework for those toothless folks in the fancy chairs running the MISD

2009-02-06T16:17:00.005-07:00

To J.D, Duke, Jay, Phil, Jim, Cindy, Tom and Wayne:

Here is today’s reading assignment.

There will be a test.

This week, the EPA recognized that the Texas agency assigned to protect Texans from polluters was instead protecting polluters. After a permit renewal for a smelter in El Paso was given the green light (pun) by the TCEQ, the EPA sent a letter to the agency that was a "stinging indictment" of the corrupt nature of the TCEQ. The polluter then decided to shut the smelter down, citing the economy as the reason.

The TCEQ is the state agency the school board and MISD superintendent Dr. Kennedy trust to protect the health of the school kids attending MISD.

The MISD school board says it’s not their responsibility and they have no power to do anything about the pollution coming from the local industries, even though MISD has a 38 year development deal with the industrial kingpin of Midlothian involving many of the local industries.

MISD and the industries in Midlothian are partners.

MISD has power it is not willing to use.

If MISD would simply stop giving millions of dollars to the Midlothian Development Authority (MDA) each year and would cancel all contracts with MDA, it would do wonders to clear the air in Midlothian.

School Board President Duke Burge, aka The Duke of TIRZ, says the school board members have “no teeth” when it comes to doing anything to protect the school kids in Midlothian.

So why not get school board members who do have teeth?

Questions about the TIRZ seem to be worrying the Corporation for Economic Development (CEDM) in Midlothian. The January 20, 2009 meeting of CEDM included a discussion (Regular Agenda Item #7) about using tax dollars to hire The Perryman Group to prepare a report to show the community how wonderful the TIRZ is.

The Perryman Group testified on behalf of the Texas Aggregate and Concrete Association (TACA) in 2004.

The Perryman Group says that they do “clear and concise presentations to diverse audiences in language they understand” and “has the capability of transforming the seemingly incomprehensible into the straightforward and manageable. Through the application of economic models it has developed and maintained over a 20-year period, the TPG team has a full range of international, national, regional, state, metropolitan area, and small area (zip code, census tract, etc.) forecasting and modeling capabilities.”

Blah blah blah blah blah.

Bring it on.

An Inconvenient Truth

2009-01-24T15:29:00.005-07:00

“Green” cement is not green.

WFAA has a story out today on the issue.

I guess since these "green" dry kilns that produce cement are so healthy, this must mean that EarthJustice plans to ask the EPA to exempt all the dry kilns in the country from having to report on their mercury emissions.

After all, the dry kilns are green.

This must mean Holcim’s burning of coal, shredded tires, oil filter fluff, petroleum coke (nasty, filthy stuff, that pet coke) and used oils must be green.

This must mean all those thousands of pounds of Toluene, Xylene, and Benzene coming from Holcim isn’t really a problem.

This must mean that all the people living near Holcim who think they’ve had health problems related to the plant are crazy. And while TXI’s wet kilns are turned off, anyone complaining of problems from that plant are mistaken.

The plants are green.

This must mean TXI’s and Holcim’s dumping of cement kiln dust in unlined quarries behind neighborhoods and schools is not and never was a problem.

Dump away, guys! All that toxic dust is green now!

Until the local industries deal with the problem of cement kiln dust (CKD) and dioxins and chemicals and heavy metals and the massive sheer volume of cement production in Midlothian, Downwinders has no business calling these plants green. The organization that claims it was established to help the people of Midlothian is instead selling those people out by creating a perception that if only Ash Grove had dry kilns, everything would be fine.

Green.

Downwinders and the government and WFAA and anyone else can label TXI and Holcim clean and green and healthy all they want, but it does not change the truth.

Their “green” cement is not green.

Some of us aren’t colorblind.

I never thought I would say this, but in other more legitimate news, the front page of the Ellis County Press tells a more accurate story.

BS at the MISD on MLK Day

2009-01-20T16:31:00.009-07:00

Whether you think it will be good or bad: Change Has Come to America.

But in Midlothian, Texas, everything is the same.

Despite a recent USA TODAY investigation that showed the air around Midlothian’s schools is not healthy, and despite an investigation by the Dallas Morning News that the TCEQ protects polluting industries and not the public, and despite Midlothian dad Jeff Millet’s plea along with others to the MISD school board last night to err on the side of the safety of the school children of the MISD…

…everything is the same in Midlothian.

The MISD school board trustees mostly blew off concerns about the air quality surrounding Midlothian’s schools. There will be a sub-committee meeting to discuss whether the school board should discuss holding a meeting to discuss whether or not there is anything to discuss regarding the air children are breathing while attending school.

It all sounds very productive.

Duke Burge, who has long been the top dog at the MISD school board, evidently said at the meeting that in his nine years on the school board, TXI has never asked for anything. That’s because ten years ago, TXI asked MISD for a whole pile of tax money for 38 years, and MISD said yes. And in 2003, despite all that tax money, TXI still wasn’t happy and sued the MISD over property taxes. Remember that, Duke? Remember the conversations you had with my husband about TIRZ? Remember the questions you couldn't answer and have never answered regarding TIRZ?

In 2006, Burge was trampled in his attempt to replace State Rep. Jim Pitts. I am not a fan of Pitts, but Burge would not have been an improvement. Burge entered the race because, as he said, “We’ve been hammered on property taxes.”

That’s because, Duke, the MISD school board takes approximately $7,000,000 out of the General Fund each year to give back to the industries to spend. Regular people – like Jeff Millet – have to make up the difference. Because of TIRZ, it's the families in Midlothian who have to pay the industries' share for local government services. Because of TIRZ, the industries do not pay their fair share for local government services in the MISD, the City of Midlothian or Ellis County.

It is a fact.

Duke Burge owns DB Computer Solutions. He says on his website he got his start selling computers to local businesses.

If we can land an airplane on the Hudson River, why can’t we find school board trustees in Midlothian who are worthy of the trust placed in them?

A group of people in Ellis County enjoys mocking the concept that “It’s about the kids.”

But you know what?

Sometimes it IS about the kids.

Dr. Kennedy: CAN YOU HEAR ME NOW?

2009-01-18T23:32:00.008-07:00

MISD superintendent Dr. J.D. Kennedy’s recent statement on the MISD website saying the air in Midlothian is safe is based on his faith in the TCEQ. I’ve tried to tell him his faith is misplaced. The mission statement of the TCEQ is this:

"The Texas Commission on Environmental Quality strives to protect our state's human and natural resources consistent with sustainable economic development."

Economic development has the upper hand over the school children in Midlothian.

Dr. Kennedy has a responsibility to the MISD school children that goes beyond economic development. MISD School Board Trustees: Jay Roberts, Tom Moore, Duke Burge, Phil Seay, Jim Mentzel, Cindy Williams and Wayne Shuffield also have a responsibility to those kids. If Dr. Kennedy won’t do anything to protect them, then they as school board trustees must.

If Dr. Kennedy and the MISD school board won’t listen to what I have to say about the TCEQ, maybe they’ll at least read what The Dallas Morning News, one of the most conservative newspapers in the country, has to say about it. Today the DMN published a special three-part investigation entitled State of Neglect. Part 3 deals with the TCEQ.

I know there is a lot of material to wade through in today's DMN's articles, but the ASARCO article explains how TCEQ navigates polluting industries through the system and shows that the damage TCEQ creates in the process not only affects Midlothian, but the entire State of Texas. It is an important lead-in to the Midlothian article.

Midlothian resident Sal Mier is quoted in the Midlothian article. Along with his wife Grace, he is responsible for initiating the ATSDR investigation that came to the conclusion the air in Midlothian can not be declared safe.

To Dr. Kennedy and the MISD School Board: Sal and Grace Mier are residents of Midlothian. They are not only taxpayers in the MISD, but their children once attended school there, and they have grandchildren who attend school there now. Sal and Grace have also been big supporters of MISD school bonds. They believe in public education. They aren’t running for office, they aren’t asking for donations. They aren’t looking for glory. They have no motivation to be doing what they are doing other than the fact that they love their children and their grandchildren. They just want you to err on the side of the safety of the children in Midlothian.

Please err on the side of the safety of those children. To not do so is irresponsible.

It was a bad day for the TCEQ. The Austin Statesman also had a couple of unflattering articles published today regarding the agency whose job it is to protect the public from polluters.

Do Businesses Pay for Pollution?

Revolving door at Texas environmental agency?
Some worry that many top officials leave to go to work with companies they once regulated.

Oxy-gen-morons and Green Cement: The Sequel

2009-01-17T17:28:00.010-07:00

The Environmental Protection Agency finally plans to deal with the fact that mercury coming from cement kilns is a problem..

Mercury is highly toxic -- even in very small doses. One-seventieth of one teaspoon of mercury can contaminate a 20-acre lake and make the lake's fish unsafe to eat. It is a dangerous neurotoxin that interferes with the brain and nervous system and is especially harmful to children. Exposure to mercury can cause birth defects, loss of IQ, learning disabilities and developmental problems.

Many cement kilns across the country are considered "dry." So what does it matter if they're putting out mercury? According to Ken Chambers and Downwinders, they're green.

MISD School Board Meeting

2009-01-16T13:15:00.005-07:00

The MISD Website states that Discussion/Action item 6. C. 5 for the School Board Meeting on Monday, January 19 will be to discuss whether or not to hold a public forum on air quality in Midlothian.

Let's see...should they or shouldn't they?

Considering a news story on air quality may be coming out on Sunday, I suspect the the school board probably will approve this item on Monday.

Ken Chamber's website states the meeting starts at 7PM. Maybe it does. But the MISD website currently states the meeting starts at 6:30. Go to "Agenda and Minutes" and then click on the Notice for the January 19 meeting.

Public comments will be taken at the beginning of the school board meeting, after the prayer and pledge.

Oxy-gen-morons and Green Cement

2009-01-09T09:09:00.014-07:00

There has been a special investigation by Midlothian City Councilman Ken Chambers on air quality in Midlothian.

Not just any investigation. A SPECIAL investigation.

Welcome, Ken, to the fight on environmental issues in Midlothian. Now that you want to be involved, and it's a very admirable thing that you want to be involved, here are a few thoughts -- take them or leave them.

First of all, You can't bore people.

I'm not kidding. You'll start talking about the environment and you'll suddenly see people's eyes roll back in their heads. I've seen it happen. Know the studies. Know the stats. Know the issues. But then speak from what you yourself describe as your "personal convictions."

You might also want to correctly spell the names of people you quote, such in the 2nd paragraph of your special investigation. It's Jana Hathorne, not Jane, who is the PR Coordinator at MISD. Jana is actually a very nice person. It seems she doesn't want to believe there is a pollution problem in Midlothian, but she's a nice person. Maybe you could give her a call or go meet her and ask her why she said what she said about the air being safe in Midlothian and ask her if she would like to revise her statement now that you are conducting a SPECIAL INVESTIGATION. Get to know the people in Midlothian. Get to know and understand people like Jana. They're worth knowing.

You'll find that everyone involved in environmental issues regarding Midlothian do not always agree. Some take a regional approach and some take a ground zero approach. Some of us are right and some of us are more right. Take the current green cement initiative. Please. Have you ever heard of green dioxin? I haven't. And exactly how green and healthy are all those heavy metals?

Now, I'm from the South. And I believe in getting plenty of greens. But I called my mom and she said that's not what she had in mind.

I have said from day one of my involvement that people living in Midlothian have a dust problem. Cement kiln dust has been dumped and buried behind neighborhoods and schools for years. The process by which it is disposed of is not green. The current green cement initiative keeps the problem of the dust in Midlothian buried.

Downwinders' green cement lets Holcim and TXI off the hook fairly easy. But unless the problem of the dust is addressed and dealt with, it won't be good news for the families living near these plants. There also needs to be a moratorium on any further expansion of the cement plant production in Midlothian. That is not likely to happen -- especially if the plants are considered "green."

Downwinders has done a lot of good. But Downwinders' focus is the air quality of the DFW Region. The problems facing Midlothian's families are more complicated -- and Midlothian has the dust to prove it. Downwinders focuses on wet kilns. Nitrogen Oxides. CO2. All worthy fights. I know that Downwinders believes it is above reproach for the work it has done and the work it is doing. It is not. None of us is above reproach. And so I'm reproaching Downwinders' idea of green cement, and I guess, yours, if their idea is your idea of what you think is healthy and good for the families in Midlothian.

My problem is not with your special investigation. My problem is with greenwashing. And I won't say something is what I know it is not.

Once again, welcome to the fight. Be prepared to take some jabs. You probably feel like you just received one. But if you're worth your salt, you'll stay in the ring.

On another note, my younger son brought to my attention last night that Joe Barton and I agree on something. The planets must be aligned. Or maybe it's just that I think Utah should be the national football champs.

Mirror Mirror on the wall...who's the most dishonest newspaper of all?

2009-01-02T17:01:00.007-07:00

The Midlothian Mirror has reprinted the same story that was published in the Waxahachie Daily Light a week earlier -- with no updates about TXI's plans to renew its permit to burn hazardous waste. Newspapers worth their salt update stories as new facts come to light.

Not only that, but all of the comments after the article in Waxahachie Daily Light -- none of which were pro-toxic air -- did not transfer over to the Mirror. So to those reading the story in the Mirror, it appears there are no comments -- and certainly no negative ones -- regarding the story. Several people re-submitted their comments to the Mirror after the story, but Floyd Ingram has decided not to publish them. I can only guess he thinks his inaccurate story is worth publishing a second time, but not the unfavorable comments following it. Here is the comment I submitted that Floyd has not publish:

This story first came on in the Waxahachie Daily Light on December 17. Also on December 17, in the legal notices in The Dallas Morning News, TXI published a public notice to renew its hazardous waste burning permit and re-open its wet kilns. Dr. Kennedy has updated his statement on the MISD website to try to refute a negative story on WFAA that came out after the USA TODAY story came out, but he has refused to update his statement about TXI’s plans to once again burn hazardous waste. If he does not update his statement regarding TXI on the MISD website, he is intentionally misleading the public. And since this story came out in the Midlothian Mirror after it was known that TXI plans to burn hazardous waste in its wet kilns again, and the Mirror did not update its story, the Midlothian Mirror is also guilty of misleading the public. No big surprise, but Midlothian ’s only local newspaper should not call itself a newspaper. It should call itself what it is: the local industries’ mouthpiece.

I have it from a very reliable source that the local industries withdrew ads for a time from the Mirror several years ago after a story in the newspaper tried to address the pollution issue.

There appears to be no problem with ad revenue for the Mirror these days.

Pollution and the Midlothian ISD

2008-12-22T16:14:00.015-07:00

For the first time that I can remember, the Midlothian ISD has taken a stance on an environmental issue.

Dr. J.D. Kennedy responded to the recent USA TODAY study on toxic air and stated on the MISD website, which was updated on December 12 (in response to yet another story on WFAA about the problem) that the air in Midlothian is fine.

Dr. Kennedy said the same thing in a recent story in the Waxahachie Daily Light.

He says things are no longer a problem that he says never was a problem.

In 2005, where was he when local citizens waged a fight against TXI's efforts to remove its pollution controls?

In 2005, where was he when TXI increased its cement plant production?

In 2005, why didn't he do anything when public comments were made to the MISD school board -- and to him -- regarding the concern parents had about what was coming out of the smokestacks near schools and the cement kiln dust that was being dumped next to them?

In 2005, why didn't he get involved when Midlothian citizens petitioned the Agency for Toxic Substances and Disease Registry (ATSDR), asking them to look at possible community exposures to environmental contaminants from industrial emissions?

In 2006, why didn't he make a statement about TXI's tire-burning program when TCEQ held a local meeting in town for public comments?

In 2006, where was he when numerous parents and community members rallied together to fight the Ethanol Fuel Depot that Love's/Musket tried to bring into town? Even the mayor opposed that one.

But now, when a national story comes out that reflects negatively on the air quality in the community, Dr. Kennedy decides it's time to take a stance. And his stance is: Everything is fine. He even updated his statement when the negative WFAA story came out to once again insist things are fine -- don't pay any attention to what the media is saying.

Dr. Kennedy has a responsibility to update his statement on the MISD website AGAIN. He needs to correct the impression he left that the wet kilns are not a problem. He needs to update his statement to say that there is a problem because TXI plans to renew its hazardous waste burning permit.

He's updated his statement once already. He needs to do it again. And if he is not willing to update his statement to state that TXI is trying to do what he said TXI was not doing -- why won't he? If he doesn't update his statement to include TXI's plans to burn hazardous waste, then he is intentionally misleading the public.

My husband once said a school superintendent should be part Mary Poppins, and part Rambo. Dr. Kennedy has the Mary Poppins part down fine.

But right now, the school children of Midlothian need Rambo.

TXI plans to burn hazardous waste. Again.

2008-12-18T09:32:00.000-07:00

Yesterday, less than one week after the superintendent of Midlothian ISD posted a statement on the MISD website reassuring the community that the air near Midlothian's schools is fine, TXI published a permit renewal request in the Dallas Morning News to start burning hazardous waste in its wet kilns again.

I wonder what Dr. Kennedy will say about TXI's plans to further poison the children of the Midlothian.

There's a reason, Dr. Kennedy, why hazardous waste is defined as hazardous.

Citizens now have 30 days to comment. I am commenting now.

TXI, you stink.

A Midlothian dad writes Dr. Kennedy

2008-12-17T14:19:00.000-07:00

Jeff Millet, never one to sit on the sidelines when his family is involved, wrote a letter in response to Dr. Kennedy's statement regarding the USA TODAY study on toxic air near Midlothian's schools. With Jeff's permission -- which I appreciate -- here it is:

Dr. Kennedy,

With recognition for your experience and accomplishments as an educator and superintendant of our district, I respectfully submit that your denial of the seriousness of the air quality issues in Midlothian in your official statement on the school district web site is irresponsible and a dereliction of duty to our children and our community. The positions in that statement are biased, arguably unscientific and raise questions about the objectivity and accuracy of the information our children are taught in our schools regarding the environment they live in.

To cling to such antiquated bias while so much information to the contrary is so readily available, and while the rest of the scientific and academic community is “going green”, seems very out of touch with realities of the world today and the needs of our community. To act as “spin-doctor” for industries that have historically burdened our community with both air quality and image problems, is inappropriate and does nothing to serve the interests of the district or the taxpayer.

Your office has historically refuted environmental reports about our poor air quality from a number of credible sources even before TXI stopped using wet kilns. Now you use the cessation of wet kiln use as part of your argument that “all is OK”. Well it isn’t. Not then. And not now. And to deny it in the face of so much overwhelming evidence to the contrary, makes you and the district look either silly – or like you have some ulterior motive. Not saying you do – but one could say it does “appear” that way. Dallas, Ft. Worth. Arlington and many other cities in the nation passed “Green Cement” ordinances because there IS a problem. A $2 Million judgment was awarded because the IS a problem. USA Today reports indicate their IS a problem. TXI stopped using wet kilns because there IS a problem. There still IS a problem, just not as big. And you, me and everyone in our town would be better off if all of our leaders would finally acknowledge this fact.

I am personally a big supporter of the school district and its plans to grow and strengthen our schools. I think it is critical to our growth and health as a community – not to mention our property values. I hope to do all I can to help raise both awareness and resources to help get the next school bond issue passed. My vision is to target newer residents, who tend to be more objective about both our need for stronger air quality measures and more new schools – especially ones built a good distance from the big polluters. Biased statements on important issues like these will NOT help us in our appeal to those newer citizens nor do they help position our district in a good light, or you as the impartial leaders we need you to be.

I submit that we would all be better served for you and the schools to adopt a more balanced approach on this issue – one that does not ignore the facts or appear to push the cement/steel industry agenda, but instead does what is BEST for OUR community. We need administrators, principals, and teachers who will face the problems of our community with courage, do their part to help deal with them and teach our children to do the same. Not publicly deny that they exist.

Thank you.

Respectfully,
Jeff Millet

A few of us have also been having fun on the comments section after the news story on WFAA. Anyone who knows me knows I go by cementplants8midlothian. My proudest moment came when my kids all gave me high fives after a responder called me a fear-mongering environmental wacko warlord. My kids were so impressed.

MISD's Smokescreen: "A shocking story of child neglect"

2008-12-10T08:54:00.000-07:00

The chairman of the Senate Environment and Public Works Committee pledged Tuesday to "do what I have to do" to ensure that the government monitors the air for toxic chemicals outside schools across the nation.

Senator Barbara Boxer, after reading the USA TODAY study on toxic air near schools said this:

"Your story is a shocking story of child neglect, and I plan to ensure that this monitoring takes place and that our children are protected," Boxer said. "If legislation is needed, I'm going to do it immediately. If it can be done with current authority, then it's going to happen.

"I'll do what I have to do," she said, "but either way, it's going to be done."

Boxer said she intends to "focus on this whole question of children and toxics" during confirmation hearings for whomever President-elect Barack Obama nominates to run the EPA.

"What's really disturbing is, if USA TODAY can do this, certainly the EPA can do this," she said of the newspaper's efforts to identify schools in toxic hot spots.

In response to USA TODAY's analysis, the EPA released a statement this week saying "the agency appreciates the attention to air pollution and children's health, and parents are right to be concerned.

And what of Midlothian's school superintendent, Dr. J.D. Kennedy? Despite Mountain Peak Elementary and Vitovsky receiving the designation as having the worst toxic air in the country, he posted a response on MISD's website saying "I am confident that our students are breathing air that is safe."

Huh?

Let the politicians be political. Let Midlothian's industrial leaders try to bamboozle the community into a false sense of security. But Midlothian's school superintendent should be about the kids. He should be demanding answers. He should be asking the tough questions. He should CARE. Instead, Dr. Kennedy falls in line with the company line: Everything is fine. There's nothing to worry about.

Shame on you, Dr. Kennedy.

Dr. Kennedy, in his statement, complains that the USA Today article used EPA data from 2005. He says that since that time, TXI has closed its wet processing cement kiln. He says other pollution controls have been added to the cement plants throughout the Midlothian area. In 2005, my husband and I spoke to Dr. Kennedy and the school board about our concerns regarding air pollution near the schools in MISD. Dr. Kennedy and the others blew us off. He and the rest of the school board treated as if we were nuts. We asked for help in trying to get TXI to keep its pollution controls on. Dr. Kennedy refused to get involved. Yet NOW, Dr. Kennedy indicates that YES, there was a problem in 2005, only now it's all better.

Baloney.

TXI has not kept its end of the bargin regarding the pollution controls. TXI is also currently trying to renew its permit to burn hazardous waste. It's those "closed" wet kilns that burn the hazardous waste.

More pollution.

Since 2005, TXI has INCREASED its cement production.

More pollution.

Since 2005, TXI has begun burning tires.

More pollution.

Things are not fine, Dr. Kennedy. Things are not better, Dr. Kennedy.

This isn't the first time Dr. J.D. Kennedy has tried to "spin" an issue.

And, how, exactly, is TCEQ's "monitoring" supposed to reassure people? Dr. Kennedy, have you ever been to a TCEQ hearing? Have you ever gone to the TCEQ and asked the TCEQ to protect the children of Midlothian? No.

FYI, Dr. Kennedy: The TCEQ is nothing more than an official arm of Midlothian's polluting industries. The TCEQ, Dr. Kennedy, is corrupt.

But then, so is Midlothian.

Dr. Kennedy isn't going to do anything to protect the school kids of Midlothian.

The TCEQ has proven it will not do anything to protect the children in Midlothian.

So it's up to the apathetic, oblivious, unconcerned parents of Midlothian to get off their butts, get their heads out of the cement dust, and demand answers and do something to protect their kids.

I don't hold out much hope for that happening.

Attending school in Midlothian is hazardous to your child's health

2008-12-09T09:47:00.000-07:00

According to a special eight month study published by USA Today entitled "The Smokestack Effect: Toxic Air and America's Schools," MISD's Vitovsky and Mountain Peak Elementary are ranked in the 1 percentile for the worst toxic air in the nation.

Sometimes being number one isn't such a good thing.

Vitovsky and Mountain Peak are two of the most dangerous schools in the nation to have your children attend.

Mountain Peak Elementary

All Schools in Midlothian

The Fort Worth Star Telegram briefly mentioned the problem with Midlothian's schools on Monday.

The Frontburner Blog at D Magazine also mentioned the study. Not surprising. It was D Magazine that went out on a limb back in 2005 and published a story about Midlothian's pollution when no one else would.

The Midlothian Mirror, as usual, will most likely ignore the study, and instead next week will probably publish "happy news" praising the local industries. Likewise, The Ellis County Observer, which is blind, deaf and dumb -- mostly dumb -- when it comes to Midlothian's polluting industries -- also won't mention the USA Today study implicating the toxic air surrounding Midlothian's schools.

And the parents in Midlothian will continue to foolishly believe it's just steam coming from the smokestacks, believing that if there were really a danger, someone from the state or federal government would surely step in and protect their children from harm.

And the kids in Midlothian will keep getting sick.

A solution for the Midlothian lay-offs at TXI

2008-08-20T16:07:00.000-06:00

There was another DMN article out yesterday regarding TXI temporarily shutting down its wet kilns. 90 employees will lose their jobs.

Midlothian (not MIDLOTHIAN, as in the city of, but Midlothian, the comment-maker on the DMN) -- made a brilliant suggestion regarding TXI laying off 90 employees. She said TXI should lay off a few of its attorneys instead.

In all the comments ever made in the history of comment-making about TXI, that is the best comment ever made.

I have a nomination for the first attorney TXI should fire. His name is Al Axe. Give Al Axe the axe and keep some of those other employees.

Transfer some of the others to New Braunfels. TXI is doing a huge $350 million expansion of its cement plant near New Braunfels. Although there is a struggling housing market, TXI relies more on commercial -- and especially public -- projects. There's still plenty of tax dollars being spent on public infrastructure projects. My favorite comment from the article: "“These guys can’t keep up with the demand."

TXI is doing just fine. Something else is at play with these wet kilns being temporarily shut down. And it's not "green" cement.

Someone still needs to ask TXI and the Midlothian Development Authority (MDA) about how the TIRZ was supposed to bring thousands of high-paying clean industry jobs to Midlothian.

TXI needs to come clean in more ways than one.

Whack-A-Mole

2008-08-18T17:23:00.000-06:00

To Reader08: It's often not a good idea to play someone at their own game.

And yes, I know you'll read this because you won't be able to help yourself.

Another gripe I have with corporate bloggers is this. These corporations have money, power, and all the resources available to them that they could possibly need. So I often find myself wondering -- is this the best you guys can do?

I long ago came to the conclusion that Midlothian produces certain kinds of people. There are those who create the problem, those who ignore the problem, those who try, however ineffectively, to do something about the problem -- and then you have those who are the mercenaries.

I have the least amount of patience for the mercenaries.

close2home

2008-08-16T17:48:00.000-06:00

The Dallas Morning News editorial published on Thursday continues to receive comments.

My main gripe with corporate bloggers is that they don't blog after 5PM or on weekends. And they also have no guts. And in this case, it's so obvious who one of them is. I repeat: NO GUTS.

My main gripe with bloggers like "Brown Bess" is that they are annoyingly shrill. BB deserves what she gets from the pro-industry folks. Heck, I'm more or less on her side, and she makes me feel like picking on her too.

Enter the blogger known as close2home.

FINALLY.

Close2home, I may not be much, but if anyone tries to take a potshot at you, I got your back.

Game On.

2008-08-14T09:16:00.000-06:00

Be sure to read the comments after today's DMN editorial.

And about the "Game On" thing. Anyone with a pre-teen daughter knows the High School Musical 3 movie preview has been playing constantly on the Disney Channel lately. I have that song from the preview stuck in my head. We have it recorded and have watched it dozens of times, in slow motion, and frame by frame. Not because of my daughter, but because of my younger son. He was taught by the talented Larry Doran and Leah Hodge in the MISD Band Program, and was cast to play the tenor drummer in that scene. You can see him ever so briefly. So yes, HSM 3 is the inspiration for the title of this post. Just wanted to give credit to the source.

Speaking of giving credit, it was Jim Frisinger and Tim O'Leary, former Dallas Morning News editorial writers who several years ago inspired me to get involved in what I could see was happening in Midlothian. Jim Frisinger said this:

"The fight for clean air is never over. And the enemies of clean air are still willing to fight at every turn. You have been warned."
DMN Blog, February 23, 2004, Posted by James Frisinger at 05:58 PM

TXI idles kilns and lays off employees

2008-08-11T15:46:00.000-06:00

In the comments section following the Waxahachie Daily Light article that reported on TXI's plans to temporarily shutdown its four wet kilns, someone by the username of "justreb" wrote this:

justreb wrote on Aug 11, 2008 5:42 AM:

" I could really care less about how the story is told or when permits are to be renewed. I cant help but think about the economic impact for the families affected by this decision. Yes they will still have insurance but that wont help much if they lose their homes or cant feed their families and two months is not nearly enough notice for these people. In stead of worrying about TXI, lets try thinking about the families whom, for the most part, reside right here in Ellis County. "

I submitted a comment in response to justreb, but the Waxahachie Daily Light declined to post it. Here it is:

I agree with justreb about the unemployment issue. Someone should ask TXI what happened to all those thousands and thousands of jobs the TXI TIRZ (Tax Increment Reinvestment Zone) was supposed to bring to Midlothian and all the millions upon millions -- actually, from what I've read, BILLIONS of dollars in economic benefit the TIRZ was promised to bring to the community and the families who live in Midlothian. It was because of those promises from TXI to the City of Midlothian ten years ago this month that the city, county, and especially MISD agreed to funnel millions of dollars in tax dollars to the Midlothian Development Authority (MDA_ for thirty years. If TXI lays one single employee off, the MDA board members -- and especially TXI -- have some serious explaining to do about why MDA and the TXI TIRZ exist.

In today's news, there is also an article about how many U.S. Corporations avoid paying federal income taxes. No corporations are named. Until now.

TXI.

The article ends with this quote:
"It's time for the big corporations to pay their fair share."

What is TXI up to?

2008-08-11T11:37:00.000-06:00

TXI has announced plans to temporarily turn off its four wet kilns.

It's good news for air quality in the DFW Region. TXI's four wet kilns burn hazardous waste and tires.

But I have to wonder what's going on under the surface. This decision raises more questions than it answers.

If this decision was "pondered" for some time, why did TXI do a test burn of a chemical solution recently in one of its wet kilns?

And why did TXI spend millions of dollars recently to use tires for fuel in its wet kilns?

Also, TXI's TIRZ (Tax Increment Reinvestment Zone)records show TXI has long-standing plans to expand its cement plant again in the next few years with help coming from public tax money from the Midlothian Development Authority. MDA is funded mostly by tax money coming from the Midlothian Independent School District.

Weirdest of all is a statement by Maurice Osborn, manager of corporate communications and government affairs at TXI, and mayor at the time the TXI TIRZ was approved ten years ago this month. According to Osborn: "shutting down TXI’s wet-process kilns that used hazardous waste and tires as fuel will also make all TXI cement environmentally-friendly."

Environmentally-friendly? For years, TXI and Osborn have mocked the concern citizens have had over its hazardous waste burning. TXI has repeatedly said our concerns were unfounded. But now Osborn freely admits the wet kilns are not environmentally-friendly.

“There is a lot of interest in the area and in our industry in ‘green’ cement production standards,” said Osborn. “Our kiln No. 5 dry-process meets the ‘green’ standards that many cities, who buy concrete from us, have adopted.”

Sure sounds like a possible promotion for another dry kiln in Midlothian. The key word being used by TXI is temporary. TXI has made it clear the wet kilns are not gone for good. Is this temporary shutdown going to be used to push through another dry kiln, increasing TXI's overall cement production capacity, only to turn the wet kilns back on at some future date after a new kiln is approved?

I know the environmentalists are all into the concept of "green cement." But before TXI and the other cement plants can be considered "environmentally-friendly" to the people living near the plants, the problem of cement kiln dust (CKD), which has been dumped near Midlothian's neighborhoods and schools for years, needs to be addressed.

California authorities are currently addressing the problem of cement kiln dust coming from TXI's Riverside plant. The California Attorney General recently sued TXI.

Whatever TXI is up to, one thing is for sure. The other shoe has yet to drop.

propaganda machines

2008-06-09T13:24:00.000-06:00

I've followed the Ken Chambers/Boyce Whatley drama a little. There was a story in the Dallas Morning News about it on Saturday.

I don't know Ken Chambers. But anyone who takes the time and makes the effort to butt heads with officials in Midlothian deserves some admiration.

The thing is, the problems Chambers is concerned about are just a scratch in the iceberg. It's interesting that Boyce Whatley refers to him as a "propaganda machine" who is dispersing misinformation. Mayor Whatley once said the same thing about me.

Why is the mayor so afraid of people who disagree with him? I was simply a housewife with an opinion -- not exactly a propaganda machine. And it continues to be my opinion that Boyce Whatley and his handlers are the ones who are the masters of propagarnda and misinformation in Midlothian.

Afterall, this is the town of:
"It's just steam coming out of those smokestacks."
In addition to all the toxic waste spewing from the stacks and that which is dumped in the ground.

"The local industries pay taxes."
And then they get rebated right back to the industries to spend on whatever they want -- like the trees in front of Railport and the shortline railroad that transports hazardous waste through town or the natural gas that fires the power plant and TXI's newest cement kiln.

"The industries shouldn't have to pay school taxes because they don't have children."
I wonder if Mayor Whatley remembers that email exchange. I do.

"TIRZ is a good thing."
It's wonderful for the industries. It's lousy for everyone else.

I found an updated map of where the new TIRZ boundaries are recently. It now appears to include Mid-Way Regional Airport.

A TIRZ can't exceed 15% of the total property value of a town. Is it any wonder there are a bajillion subdivisions that have been approved as well as a need to annex property -- some of which is interestingly right next to TXI's quarries?

That all said, just knowing there's another person trying to fight against Midlothian's Good Ole Boy network -- a network that always seems to lead right back to the local smokestacks -- makes my day.

Go, Ken.

He'll always be Smokey Joe to me

2008-06-04T13:11:00.000-06:00

Last Saturday, there was a story in the Dallas Morning News, the newspaper that once had the guts to call Congressman Smokey Joe Barton Smokey Joe.

That was a long time ago.

Last Saturday's article states that Joe Barton remains a steadfast skeptic on climate change.

And I continue to be a steadfast skeptic on Joe Barton's mental capabilities. He's been sniffing toxic fumes for far too long.

Midlothian, we have a problem

2007-12-10T18:52:00.000-07:00

Update: There was an additional Star-Telegram news story published 12/12/07.

The long-awaited government study on Midlothian's dirty air, which is the subject of news stories Monday and Tuesday in the Dallas Morning News and the Star-Telegram, has arrived. The report was supposed to help residents know whether the air in Midlothian is okay or not okay. The conclusion is:

They don't know.

The report says things may be okay, but the report also says that there are some pretty strong indications that things are not okay, but they didn't come out and say things are not okay, because conveniently for these agencies, there are huge, enormous, shameful, gapping gaps in the information these agencies have, and they have no intention of filling in those gaps, because then they would have to say things are not okay.

In other words, if a child gets sick in Midlothian and environmental and health agencies choose not to collect information on the sick children in Midlothian, the child didn't get sick.

So here's the best way to know what's going on in Midlothian. Look around. Trust what you see. If you think that there are just too many people that you know of who are sick or who have cancer, trust that.

Something is wrong in Midlothian. I know it, the industries in Midlothian know it, the mayor of Midlothian knows it, and the government agencies involved in this report know it.

They know.

And to all my good friends I left behind in Midlothian:
No one is going to come to your rescue. No one. Not the government agencies created to protect you, not the news reporters, not the elected leaders, not even stupid, opportunist Erin Brockovich. Not anyone.

If you live in Midlothian and you are reading this, consider yourself one of the lucky ones who is paying attention -- and do your best to GET OUT.

I wrote something a few years ago on my old website about how I felt living in Midlothian. Unfortunately, sadly, nothing has changed. I know it makes certain people very happy that I've left Midlothian. But many good people I care about are still living there and in Ellis County. Some of them, and their families, aren't doing so well.

This, then, is for them.

A person's a person no matter how small

In the Dr. Seuss book Horton Hears a Who, the Whos live in the town of Whoville on a speck of dust. Until the citizens can make themselves heard, they are in danger of being dumped into a toxic stew.

I am a Who. Only I don't live on a speck of dust. The families of Midlothian, "The Cement Captial of Texas" live in a city of dust.

And we are already in the toxic stew.

Our neighbors are three large cement plants, including Fortune 500 Texas Industries (TXI), Ash Grove and foreign-owned conglomerate Holcim. Together, the industries in my small community produce breathtaking amounts of toxic emissions to rival any region in the country.

The cement industry is booming. Profits are up. Families, especially children, seem to be paying the price. Study after study shows that pollution-linked health problems can include asthma, respiratory illnesses, cancer, neurological disorders, chromosomal abnormalities, birth defects, heart attacks and premature death.

Time and time again, those whose job it has been to protect the health and well-being of Midlothian's families have looked the other way as decisions have been made, hearings have been denied, permits have been issued and promises have been broken.

The families of Midlothian have been as invisible, inaudible and inconsequential as a speck of dust in the wind.

Why are we of such little consequence? Why are we worth less?

Midlothian is defined by its industries and pollution. But to those of us who reside here, we, too, have an investment worthy of consideration. This is where our children go to school. This is where we have Easter egg hunts and Christmas parades and soccer tournaments and percussion concerts and church youth activities and Eagle Scout Courts of Honor and baseball games and scarecrow festivals and pep rallies and Ag projects and dance recitals and spelling bees.

This is our home.

This is also where our children are being exposed to health risks no child should have to be exposed to. They didn't agree to take on those risks. Our local industries, regulators and lawmakers did that for them.

The families of Midlothian have had more than our fair share of pollution dumped over our heads and buried in our soil over the years.

We need protection from what we already have to deal with. And we can not afford more.

In Horton Hears A Who, the Whos on the speck of dust -- desperate to be saved -- cry out repeatedly to anyone who will listen:

"WE ARE HERE! WE ARE HERE! WE ARE HERE! WE ARE HERE!"

It takes a concerned and loyal elephant to find a way to protect them.

As environmental laws are rewritten, regulations are violated and medical research is ignored in the name of profit and economic development, what real hope do we in our tiny town of dust have of being protected?

Horton the kind-hearted elephant heard the Whos and they were saved. But pachyderms with the courage and will to protect the weak and small, it seems, are rare.

"I know there's a person down there. And what's more,
Quite likely there's two. Even three. Even four.
Quite likely a family for all that we know!
A family with children just starting to grow.
So, please," Horton said, "as a favor to me,
Try not to disturb them, Just please let them be."

--Horton the elephant in Horton Hears a Who

If anyone is listening...

We are here.

They are there. And I'm not going to forget that.

News Flash: THE TCEQ IS CORRUPT

2007-12-03T00:12:00.000-07:00

The Dallas Morning News published an editorial yesterday stating that the "Commission on Environmental Quality has morphed into the Commission for Protecting Business Interests."

The DMN goes on to say that

"If the TCEQ is committed to protecting business interests, perhaps that should be its new directive. Then state leaders could create an agency that actually focuses on environmental quality."

Good points. But they're the same good points I, and others, made several years ago.

Where's the Dallas Morning News been on this issue the past few years?

Maybe if the newspapers had been on top of what's been happening, maybe the TCEQ would not have felt so free to be so corrupt.

In all the years and all the meetings and all the hearings I attended while living in Midlothian that involved the TCEQ, I never once saw local environmental reporters there. But industry leaders? They were there in droves.

So now the DMN is shocked, SHOCKED, that no one at the state level is protecting human health, and, in fact, is aiding industries to pollute at will.

Welcome to my world.

The Texas Commission on Environmental Quality is aligned with industries

2007-11-26T09:51:00.000-07:00

In addition to the Fort Worth Star Telegram article yesterday regarding the study in Midlothian, the Dallas Morning News published an article on Saturday that says the polluting industries in Texas and the state agency that exists to protect the health of people in Texas are on the same page, in cahoots, aligned, working together.

Whatever.

Here's the theme of the article:

"Some of Texas' biggest industries have an important ally in trying to keep the Environmental Protection Agency from ordering nationwide smog cuts:
the state's top clean-air officials!!!"

For fun, I added the exclamation points. And this isn't exactly news.

My Heroes: Go Sal & Grace!

2007-11-25T08:53:00.000-07:00

I've said it before: Midlothian residents Sal and Grace Mier are a class act.

I can't say the same thing about the state and federal officials involved in putting together this soon-to-be-released report reported on in the Star-Telegram today:
http://www.star-telegram.com/news/story/322962.html

And I can't say the same thing about the Star-Telegram and the Dallas Morning News. Why those local major newspapers -- and their so-called environmental reporters -- haven't jumped all over what's happening and launched their own investigations regarding the actual health problems in Ellis County is a disgrace, but not surprising.

The Houston Chronicle did just that in 2005 when it exposed the pollution and health problems in that region:
http://www.chron.com/content/chronicle/special/04/toxic/index.html

A newspaper's job is to tell the truth and raise hell -- but just not when it comes to Midlothian, because Texas needs cement and steel and a place to dispose hazardous waste and so it's better to sacrifice one tiny town and the residents who live there rather than have the decency to warn them about the place they call home.

Infrastructure in Midlothian

2007-11-18T20:37:00.000-07:00

The Rural Citizens Against Annexation have failed in their efforts to have the City of Midlothian provide infrastructure to them as part of the city's plans to forcibly annex them.

This annexation will increase the population of Midlothian by 10%. Why did the city want to annex this land so badly? Some of the land backs up to TXI. Trees are dying. Some ponds appear polluted. The local turtles don't look so good. Is it the tax revenue the city wants? Sure. But here's a thought. According to Chapter 311 of the Texas Tax Code, a tax increment reinvestment zone (TIRZ), may not exceed 15% of all taxable property in a city.

Maybe Midlothian's TIRZ has exceeded, or is getting close to exceeding, 15% of the taxable property in the city.

Just a thought.

The outcome of the two-year arbitration fight hinged on the meaning of "infrastructure." Infrastructure is an interesting word in Midlothian. Especially when it comes to the publicy-financed infrastructure in Midlothian's TIRZ.

In the case against the RCAA, Midlothian took the position that a city does not need to extend or improve infrastructure that it does not normally pay for.

See, the city of Midlothian only normally pays for infrastructure that helps the local industries, especially TXI and RailPort. Citizens -- well, they're pretty much on their own.

The City of Midlothian claimed it did not want to provide infrastructure "as if the city stands in the shoes of a developer." According to the city's brief posted on the RCAA website, "Whenever the city undertakes such projects, it acts not like a developer, but as a political subdivision engaging in essentially governmental functions."

The dictionary defines infrastructure as "the basic facilities, services, and installations needed for the functioning of a community or society."

The City of Midlothian evidently defines infrastructure as, among other things, $6,000,000 worth of gas capacity for RailPort. Giving gas to the industries in RailPort: an essentially governmental function.

The RCAA should have asked for GAS!

You want to know about the other kinds of unique "infrastructure" Midlothian is paying for? Attend a Midlothian Development Authority (MDA)Meeting. Take a video camera.

They're paying for more than fire hydrants, that's for sure.

The Republican Liberty Caucus

2007-11-16T15:41:00.001-07:00

I never said the RLC was to blame for everything in Midlothian. I do, however, think it's mighty strange that with all the RLC/anti-tax folks in the area, none of them have ever been the slightest bit interested in doing anything about the biggest tax scam in the county -- TIRZ.

And what about Waxhachie's 6 million dollar tax abatement that recently was given to Coal City Cob, a hazardous waste and chemical transporting industry? Why weren't the RLC/anti-tax people all over that one? According to them, all school bonds are bad bad bad, but the rampant corporate welfare in Ellis County never gets a fight. It doesn't pass the smell test. And with all the polluting industries in Ellis County, that's saying something.

By the way, who finances the RLC? Any local corporations?

And yes, I'm a little crazy, anyone who went through what my family went through in Midlothian would be, but at least we had the good sense to get the heck out of that nutty place.

And another thing, Joey --

You never read the May, 2005 D Magazine article until today? That’s odd. You mentioned in this email you sent me below back in May of 2005 — when the magazine article came out — that my husband and I were to be praised for what we were doing and I should let you know if we ever needed any help.

So, um, Yeah. As far as that help thing…

Be consistent.

“Joey Dauben” Add to Address Book Add Mobile Alert
To: cementplants8midlothian@yahoo.com
CC: joeydauben@hotmail.com
Subject: Media’s haze of silence
Date: Mon, 30 May 2005 08:08:19 +0000
I’m missing out on a ton of stuff since being “sued out” of The EllisCountyPress, but nevertheless, I just wanted to praise what you (Tom & JulieBoyle) two are doing.
TXI does a good job bribing the local papers in town, too. Nice little“Today has a Hearing problem” rant — I totally agree.
We will not see eye-to-eye on every single local-state-national issue,butyou’ve got every ounce of support from my personal political views onthiswar against Midlothian cement (and the corporate socalists who keepdefending them).
It’s about time the bullhorn of these irate citizens against theircorporation government and corporations gets noticed.
Let me know if you ever need my help. I post Midlothian-related news onmyblogs (I’m starting to suspect Tom as “whosjoeydauben,” but that couldjustbe my conspiracy-laden mind), and I still do freelance stuff for theECPunder the byline of STAFF REPORT.
By the way, not sure if you guys got the issue, or read the story, butI dida pretty good expose (not to toot my own horn, but hey, I’m good) onTXI’sproperty tax payments:
http://www.elliscountypress.com/archive%202004/042904.htm
PS: Tom Boyle vs. Barton in the ‘06 Republican primary — icing on thePRcake
Blog 1: http://www.xanga.com/joey75154Blog 2: http://www.xanga.com/joeydauben
AIM: joey75154Yahoo: joeydauben8
Home: 972-617-9537Cell: 469-231-3694

******

And then there was also this email I received around that same time:
To: cementplants8midlothian@yahoo.comSubject: D Magazine piece
From: agriffin@thetowntalk.com
Add to Address Book Add Mobile Alert
Date: Mon, 25 Apr 2005 09:58:01 -0500
Hello.
I just read your piece in D Magazine this morning (it was linked to a blog run by my friend, a young writer from Ovilla named Joey Dauben — www.xanga.com/joeydauben) and I was saddened to see that TXI and Big Industry is still causing problems in the Midlothian area. For a year (1998-99) I lived in Waxahachie and worked as a reporter for the Waxahachie Daily Light. I did several stories on TXI and RailPort. When they had ribbon cuttings and such I always got a sense they were a bit leery when it came to answering questions. In fact at one event, I remember it being rather awkward. And when it came to getting Joe Barton on the phone, well, forget it. Martin Frost was far more accomodating. I don’t understand why Barton is so popular in Ellis County. I understand why you’d want to stay in Ellis County. It’s one of my favorite places. I’d love to return some day. I still write the occasional letter to the editor to the Ellis County Press — my favorite paper in the county.
Anyway, I enjoyed your information-heavy website. I care about Ellis County and environmental issues. Stay on this important issue.
Cordially,Andrew GriffinThe Town Talk1201 Third St.Alexandria, LA 71306(318) 487-6390http://www.thetowntalk.com/
By Julie Boyle on Nov 16, 2007

I'M MAD AS HECK AND I'M NOT GONNA TAKE IT ANYMORE

2007-11-05T20:03:00.000-07:00

MISD BOND FAQ FACT CHECK:

Here's the thing. I believe in public education. I believe in better paid school teachers and school buildings and Ag facilities and art rooms and band halls and soccer fields and yes, even football stadiums.

I believe in school bonds.

But J.D. Kennedy and the school board trustees at MISD are trying to pull one over on the public by a Q&A from MISD's website, and if they think I am going to let it go by without a response just because I'm not living in Midlothian any longer, they are mistaken.

From MISD's website relating to the November Bond:

Q - I know that the large corporations in Midlothian (TXI, Holcim, Ashgrove, and Chaparral Steel, etc.) receive hefty school tax exemptions. How much do they pay for school taxes as compared to me, as a homeowner? I think it is only fair that all properties in Midlothian are taxed equally and share the burden equally.

A - Tax rates for businesses are the same as for other property owners - except that businesses do not get homestead exemption. It is simply not true that large corporations get hefty school tax exemptions in the Midlothian ISD. Like any other property owner, businesses will be assessed property taxes for the 2007-08 school year of $1.04 for every $100 of taxable value for Maintenance and Operations, and $0.3275 per $100 of taxable value for the Interest and Sinking fund (debt service).
In addition to the state homestead exemption of $15,000, MISD is the only school district in Ellis County that provides an additional 10% local exemption of homestead value.

The MISD website response is correct that tax rates for businesses, including the ones mentioned, are the same as for other property owners. I have never said that large corporations in Midlothian get hefty school tax exemptions. That's not what's happening. TXI, Chaparral Steel and others pay their taxes to MISD just like everyone else. But then MISD wires their tax money to the Midlothian Development Corporation, which, under the direction of TXI, spends the majority of the money on projects that benefit TXI/Railport.

TXI and the other corporations don't get an exemption. They basically get a rebate. It would be like a regular citizen paying their tax money to MISD, then MISD turning around and returning that money to the citizen so they can build a swimming pool.

If certain special corporate citizens are allowed to spend their tax money on themselves, then who pays their share of tax money to the school kids in Midlothian?

The question is not whether certain corporations are being taxed by MISD, but whether MISD gets to use certain corporations' tax money.

TXI and others are not paying their fair share to the MISD general fund. It is a fact, and J.D. Kennedy and the MISD school board members know it.

Next time anyone sees J.D. Kennedy or any member of the school board, ask how much of TXI's tax money actually stays in the MISD/public education coffers. Ask for the percentage of how much corporate tax money in MISD goes to the general fund, and how much is wired out of it.

ASK.

Ask how much public tax money MISD has wired to the Midlothian Development Authority over the past few years. Ask if public tax money, intended for public education, was instead used to buy millions of dollars of natural gas to fire TXI's newest kiln. Ask if public tax money, intended for public education, was instead used to finance the creation of Texas Central Business Lines, the shortline railroad that now hauls and off-loads hazardous materials in Midlothian near neighborhoods and public schools.

Tax exemptions? No. Tax diversion back to the corporations? You bet.

And if J.D. Kennedy and the entire MISD school board want to take me on about the issue of MISD school tax money and the corporations in Midlothian...

BRING IT ON.

The Good Guys and the Bad Guys

2007-09-19T06:49:00.000-06:00

You have your good guys and you have your bad guys.

The mayor of Midlothian thinks Texas Central Business Lines, MidTex International and Musket are the bad guys. He thinks what they are doing to hurt Midlothian is bad. The pollution they create is bad. The danger and harm they bring to the community is bad.

TXI, Holcim, Ash Grove and Chaparral Steel are doing things to hurt Midlothian. The pollution they create is bad. The danger and harm they bring to the community is bad. *

So why isn't the mayor willing to do anything to try and protect citizens from those industries? Why are TXI, Holcim, Ash Grove and Chaparral Steel the good guys?

Harm is harm. Danger is danger. Pollution is pollution. Bad is bad. Look it up.

In Midlothian, you have your bad guys...

...and then you have your dumb guys.

*I 'm sorry it hurts Stuart's feelings that people think his company hurts people. It hurts me that his company hurts people too.

Chemical spills can kill you. Chemical spills can kill your children. DOESN'T ANYBODY IN MIDLOTHIAN OR WAXAHACHIE CARE?

2007-09-13T19:50:00.000-06:00

Midlothian has at least one business, Texas Central Business Lines, that transports and off-loads hazardous materials.

And now Waxhachie has just approved a 6 million dollar tax abatement to help bring Coal City Cob, a hazardous waste and chemical transporting industry, to town. Coal City Cob has a base operation in Houston:

http://bulktransporter.com/mag/transportation_new_coal_city/index.html

"Although Houston first attracted [Coal City Cob] as a hazardous waste market, the area's opportunity for chemical loads was an added bonus."

Chemical loads: AN ADDED BONUS!!! Waxahachie must be so proud to have landed this family-owned business.

The proposed site for the future chemical spills -- I mean, for the hazardous waste and chemical carrier -- is going to be along 35 E, just north of 287 near the Union Pacific Railroad.

http://www.mapquest.com/maps/map.adp?formtype=address&addtohistory=&address=4300%20N%20Interstate%20Highway%2035%20E&city=Waxahachie&state=TX&zipcode=75165%2d6617&country=US&geodiff=1

Location, location, location. This will make it very convenient to off-load hazardous materials on to 18 wheelers, and have them zip up 35 E or get on the 287 Bypass and zip on over to TXI to provide hazardous waste for fuel for TXI or zip on up Midlothian Parkway to Holcim. I have emails suggesting that back in August of 2005, Holcim was making plans to add liquid hazardous waste to its fuel stream, with even a storage tank being discussed.

How many people drive on 35 E or the 287 Bypass? How many people drive on Midlothian Parkway? How many school buses use these roads? Next time an 18 wheeler is in the lane next to you, be sure not to speed past that possible hazardous waste/chemical carrier on wheels, because, as we know, the most pressing problem in Midlothian is whether or not there are ticket quotas.

And if anyone out there cares about the very real dangers that threaten you and your family related to chemical spills in the area, there are things that can be done. Don't assume someone else will deal with the problem. If you're reading this, it's up to you. Check out this link:

http://www.chemicalspill.org/Right-To-Know/epcra.html

"The Emergency Planning and Community Right-To-Know Act, called EPCRA,...was passed in 1986 by the United States Congress after a chemical disaster in Bhopal, India, causing widespread death and illness, raised concerns about a lack of planning and preparation for a similar accident in America. EPCRA is designed to inform communities about chemicals and chemical hazards present and transported in the community, involve the community in developing emergency planning and response, in helping identify facilities that might be subject to the law, and assuring implementation of the EPCRA law."

Move to Midlothian! They have chemical spills!

2007-09-07T12:48:00.000-06:00

....And Waxahachie is making a deal so the folks there can have chemical spills too!

Evidently, a new industry is coming to Waxahachie -- with 6 million dollars worth of tax abatements, of course. According to the Waxahachie Daily Light, the facility will be operated by Coal City Cob Company. I looked up the Coal City Cob Company. Its website states it is "a family owned business providing liquid bulk transportation to the Chemical and Hazardous Waste industry."

http://www.coalcitycob.com/index.htm

The citizens of Waxahachie must be so very proud.

From the Waxahachie Daily Light:

http://thedailylight.com/articles/2007/09/05/dailylight/news/09-05-city.txt

Mayor Pro-Tem Ron Wilkinson requested the company further be required to maintain operations as outlined under its special use permit. “I understand that Midlothian had a problem with a similar facility where a chemical spill occurred and were told they had no jurisdiction since it involved interstate commerce,” Wilkinson said. “I pray that we won’t have a similar incident here....”

Ron Wilkinson prays he won't have a similiar incident like what happened in Midlothian, but he's going to use millions of dollars in tax abatements to entice a hazardous waste transporting business to come to town anyway.

What is wrong with you people in Ellis County?

Repeat after me:
Hazardous-Waste-Transporting-Business.

I believe in prayer, but I also believe there are consequences when you make stupid decisions.

As far as the chemical spill in Midlothian -- who knew about it, and was the public told?

I've been working on the Railroad...

2007-09-04T09:28:00.000-06:00

...in trying to understand it, that is. Others have been busily working on rail operations in Midlothian for a number of years now.

Tommy McIntosh is the contact person at Texas Central Business Lines. How he became involved with the mess in Midlothian is fairly clear:

Ellis Country Rural Rail Transportion District RailPort Marketing and Conference Center

Minutes of October 10, 2000, Special Workshop Meeting

Agenda Item #1

President Hightower introduced Tommy McIntosh, who presented his resume and discussed his background experience. A discussion of the scope of the work of a rail consultant was discussed. Mr. McIntosh stated he charged a rate of $60.00 per hour, plus nominal expenses and that he would work with Numa Bulot, whose rate is $50.00 per hour, plus expenses.

The rest is a tangled web involving the Ellis County Rural Rail Transportation District (ECRRTD), Texas Industries (TXI) , Burlington Northern Santa Fe (BNSF), Union Pacific (UP), MidTexas International, and, of course, the Midlothian Development Authority (MDA). MDA, an official arm of the City of Midlothian, was created by the City of Midlothian in 1998 and is funded by local tax money. MDA, in turn, has funded ECRRTD because ECRRTD was created "to construct and operate a rail line" to serve MDA's needs.

Several years ago, Texas Central Business Lines used eminent domain and tried to build a rail switching yard in Midlothian. A private company can not use eminent domain. ECRRTD, however, is a local government entity that had the authority to use eminent domain. Texas Central Business Lines is not the central player trying to build and operate shortline railroads and rail switching yards in Midlothian.

Ellis Country Rural Rail Transportation District
Minutes of April 5, 2001 Regular Meeting -- Page 2 of 3

Agenda # 7.
Review, discuss and consider Rail Services Agreement with Midlothian Development Authority (action as necessary).

Dan McAuliffe provided an update to the Board that Tom Pollan is awaiting an answer from David Miller regarding the ulitmate question: "Who is going to own the rail?" After discussion, no action was necessary.

Agenda #8.
Review, discuss and consider Memorandum of Understanding with Burlington Northern and Santa Fee Railway Company, Union Pacific Railroad Company, Ellis County Rural Rail Transportation District and Midlothian Development Authority (action as necessary).

Dan McAuliffe presented to the Board that a response is still due by the end of the week, hopefully, from BNSF. After discussion, no action was necessary.

Agenda #9.
Review, discuss and consider approval of the reimbursement to MDA of refunded earnest money and interest earned (action as necessary).

Dan McAuliffe presented. This pertains to the contract that we had with Eagle Ford Land Partners for the respective rail yard that was going to be out west of RailPort. That property was in contract. Rail District put up $5,000 earnest money and it went to the title company where it has earned interest. When the contract was terminated the $5,000.00, plus interest, was returned to the Rail District. The cleanest way to handle is to write a check back to MDA for the $5,000.00 plus interest.

Dan McAuliffe was a VP for TXI. He was also the Construction/Project Manager for MDA and TIRZ as well as the consultant for ECRRTD. With both MDA and ECRRTD, Dan ran the show.
On December 17, 2001, Dan McAuliffe sent this Memorandum to Randy Jones and Maurice Osborne, both of TXI.

TO: Randy Jones
Maurice Osborne

FROM: Daniel J. McAuliffe
TXI Operations, L.P.
Acting in its capacity as Construction Manager for
Midlothian Development Authority

DATE: December 12, 2001
RE: Tax Increment Reinvestment Zone Two ("TIRZ")
Rail Operating Agreement

I wanted to inform each of you of the status of the Rail Operating Agreement between Union Pacific Railroad ("UP"), Burlington Northern/Santa Fe Railroad ("BNSF"), Ellis County Rural Rail Transportation District ("Rail District") and Midlothian Development Authority ("MDA").

After 3 years of planning and negotiations, the parties have reached a formal operating agreement that will create benefits for all, but most importantly, it will provide competitive rail rates for the area shippers. A great deal of cooperation and compromise was provided by each party and all should be commended for their willingness to deliver the desired results for the community.
The following is a brief summary of the terms of the final agreement:

FINAL OPERATING AGREEMENT

The agreement eliminates the need to construct a "cross-country" rail line from RailPort to the UP line (+/-5.5 miles), as orginally planned and reduces the cost of the overall project by more than 35%.

HAULAGE PHASE
Beginning immediately, BNSF will (a) haul UP cars to and from Ft. Worth to RailPort, and (b) switch all UP cars into and out of the various shippers. Both of these services will be provided to UP at an agreed upon price/car.

This operating format will continue until such a time as MDA and Rail District decide to construct a second phase of the rail yard located inside of RailPort.

TRACKAGE PHASE
Once Phase 2 rail yard has been constructed, BNSF will (a) grant trackage rights to UP from Alvarado to RailPort Station, enabling UP to move its cars directly to and from Ft. Worth and RailPort rail yard on the BNSF track, and (b) switch all UP cars into and out of the various shippers. Both of these services will be provided to UP at an agreed upon price/car.

Also, as part of the agreement, in exchange for MDA's construction of a rail yard inside RailPort, BNSF agrees that it will conduct its operations on or near Ward Spur in a manner that minimizes blockage of Ward Road.

THE RAIL INFRASTRUCTURE
The Phase 1 rail improvements to be constructed by MDA will consist of +5 miles of perimeter rail line and +/-3 miles of rail yard. The contract for this construction was awarded this week. The construction contract (+/- $7,250,000) was approximately 25% less than originally estimated by the engineers. The project should be completed in the Fall of 2002.

At the time rail traffic justifies additional storage capacity, the MDA will construct the Phase 2 rail yard -- an additional 2 miles of rail storage track. Currently, there is no definitive time frame for the Phase 2 construction.

At full build-out, the rail yard will have the capacity to accommodate in excess of 400 rail cars.

MDA/RAIL DISTRICT
Due to the change in the scope of the rail project (build-out vs. haulage/trackage), the MDA will construct the rail facilities and engage the Rail District to manage the day to day operations.

TCB began rail operations in 2001.

Dan McAuliffe, in his memo to Randy Jones and Maurice Osborne, said that "all should be commended for their willingness to deliver the desired results for the community."

If the citizens of Midlothian are being put at risk because of rail operations associated in any way with Texas Central Business Lines, the mayor, MDA, ECRRTD, BNSF, UP, MidTexas International and TXI need to get together and do something about it. And if they don't, and heaven forbid there ever is a disaster in Midlothian as a result of the operations associated with Texas Central Business Lines, all those responsible should be held accountable for delivering the "desired results for the community."

When the City of Midlothian created the TIRZ, a monster was created.

It's another day: Railroaded in Midlothian

2007-08-31T15:12:00.000-06:00

After seeing a WFAA report online last week regarding how Texas Central Business Lines (aka TCBL or TCB) would not comment about its off-loading diesel in Midlothian without the knowledge of local citizens, and the potential dangers involved, I sent the reporter this email:

Chris,

I saw your report online today regarding Texas Central Business Lines. You said in your report that TCBL would not comment.

I assume Tommy McIntosh, the contact person for TCBL, is the one you tried to talk to. If you do find a way to speak with Mr. McIntosh, please ask him why he introduced himself to the board members of the Ellis County Rural Rail Transportation District at an ECRRTD meeting on October 5, 2000, and why at an ECRRTD Special Workshop Meeting on October 10, 2000, he presented his resume and salary to the board.

The Ellis County Rural Rail Transportation District is a local governmental agency. Its purpose was to construct and operate a railroad line that would connect TXI's RailPort to both BNSF and UP. It has been publicly financed by the Midlothian Development Authority (MDA). MDA is another publicly financed local governmental agency, created by the City of Midlothian after a petition by TXI in 1998. MDA has contracts with both TXI and BNSF.

TXI also apparently transferred two trains to TCBL in 2001.

If the citizens of Midlothian are at risk because of the operations of TCBL, you might ask what the City of Midlothian, the MDA and the ECRRTD have to do with it.

Julie Boyle

I never heard back from the reporter, but if TCB is off-loading diesel without the knowledge of local citizens, what else might TCB be hauling into town? Midlothian burns all sorts of toxic hazardous waste. Someone is bringing it in. Meanwhile, the federal lawsuit TCB has against the City of Midlothian is about to heat up. I hope for the sake of my friends in Midlothian, that things don't get too...explosive. And to the folks who know all about Texas Central Business Lines and how it came to be -- you're not alone in your knowledge.

See my MidlothianFamilyNetwork.org website post from April 1, 2006 for more clues about the origins of Texas Central Business Lines.