Wizard Academy

Order of Service:

Perjury Complaint Final

Aggravated Perjury Complaint PR

Please contact us if you have any questions.

TEXAS NATIVE PLANTS!

WHOLESALE PRICES!!!

TO BENEFIT HaysCAN

Date: Saturday May 7^th 2011

Time: 9am • 3pm

Good morning again. I come before you today to present disturbing evidence that official agenda wording and information provided on the backup Reference Form for agenda item 16 is incomplete, irrelevant and fabricated I urge the court to deny Commissioner Barton’s . . . → Read More: Public Comment Hays County Commissioners’ Court]]> Public Comment
Hays County Commissioners’ Court
January 29, 2008
Charles O’Dell, Ph.D.
HaysCAN

Good morning again. I come before you today to present disturbing evidence that official agenda wording and information provided on the backup Reference Form for agenda item 16 is incomplete, irrelevant and fabricated I urge the court to deny Commissioner Barton’s request that this court consider granting a variance to Subdivision and Development Rules Section 3.11.  Further, I request that you fully address the evidence presented here today in open court because of the serious nature of public officials deliberately attempting to mislead this court into taking an action that would harm the public health, safety and welfare.

As to possible motivation for presenting false and misleading information to the court,  I believe it is to cover up past malfeasance by Hays County Environmental Health Department personnel, and to create a precedence of this court approving a variance that will give plaintiff Nick Ramus support in his suit against Hays County.

Agenda Item 16 states:

Consider granting variance to Subdivision and Development Rules Section 3.11 to allow permitting of an On Site Sewage Facility and Development Permit to Florinda Martinez, 1.302 acres in the 2000 block of Goforth Road.

This wording is meant to mislead the reader.  The subject property is located precisely at 2001 Goforth Road just East of I35. (Exhibit A)   Why not specify the exact address unless you wanted to conceal the fact that there are three 2001 addresses on Goforth, all on the same 1.302 acres.  (Exhibit B Photos)

And why identify only “Ms” Florinda Martinez as the permit applicant when she is married and she and her husband Gerardo both live at 2001 Goforth Road?  (Exhibit C)  The obvious answer is to suggest a single mother and gain sympathy from other members of the court.

Note that the Hays County Appraisal District doesn’t have the site address of this 1.302 acres, just a P.O. Box in Kyle.  How do Environmental Health Department personnel know that the property is located “in the 2000 block of Goforth Road”?

Also note that Gerardo & Florinda Martinez purchased the subject property on 9/08/2000 and have been paying taxes on the property since then.  You will see the importance of this date below.

Section 3.11 of the Hays County Subdivision and Development Rules has no relevance to this matter, nor does any other section of our Subdivision Rules.  (Exhibit D)  Section 3.11 simply deals with subdivisions prior to 1984.  This is a red herring meant to mislead other court members and I’m confident that Commissioner Barton will explain to us at great length his theory for identifying that particular section as a basis for variance.

The Agenda Request Form Summary claims that “Ms. Martinez” bought the subject property from Mario Torres in 2005.  As shown in Exhibit C, Gerardo and Florinda Martinez together actually purchased the property in 2000, not in 2005 as claimed, and they have lived in their home on those 1.302 acres for the past eight years.

The Summary goes on to claim that Hays County Environmental Health Department denied Ms. Martinez “her development permits due to illegal subdivision developed by Mr. Torres”.  What “development permits” exactly did Environmental Health deny Ms. Martinez?  Can those official records be faxed immediately to this courthouse before anyone in Environmental Health has time to prepare records after the fact as has occurred in the past?

The Summary goes on to claim that “granting this variance will allow the Martinez family to occupy their property.”  Notice that Ms. (not Mrs.) Martinez now has a family who wants to occupy their property, not their home.  This is a cover for the three homes that Environmental Health personnel knew existed at 2001 Goforth Road but did nothing until Commissioner Barton wanted a variance to establish precedence.

Who lives in the house behind and to the West of the Martinez home?  And who lives in the mobile home behind and to the East of the Martinez home?  (See photos in Exhibit B)  All three residences are located on the 1.302 acres owned by Gerardo and Florinda Martinez and all three have 2001 Goforth addresses, with separate mail boxes.

And where are the septic systems for these three homes?   Are all three homes connected to the single Martinez septic system?  How could Environmental Health Department personnel not know the answers to these questions?  They denied Ms Martinez unspecified development permits in 2005, but three years later are requesting a variance.

Perhaps Mr. Pope can answer these and other questions that you should have for him.  I am certain that Commissioner Barton will attempt to obfuscate this matter at great length.

As for the claim that “Mr. Torres is taking steps to legitimize his development,” precisely what does that mean?  What illegitimate development is Environmental Health Department referencing, and what steps is Mr. Torres taking eight years later to make it legitimate and that Environmental Health personnel knew about in 2005 or earlier?  What enforcement proceedings are contemplated by Environmental Health?

How could this situation have existed for so long unless Environmental Health Department condoned it?  By their own admission, they knew about the “illegal subdivision developed by Mr. Torres,” perhaps before 2005 when “Ms” Martinez applied for development permits.

Again, what “development permits” did “Ms” Martinez apply for in 2005?  Why is there no backup material provided to the court by Commissioner Barton for such an important matter?

The final claim made in the Summary is that “Enforcement proceedings will be initiated against Mr. Torres if he fails to complete the County subdivision platting process.”  I’m confident that Commissioner Barton will explain the meaning of this while we listen carefully.

What staff member is recommending this variance, given the false and misleading information presented to the court and to the public by Commissioner Barton?

Finally, I note that Environmental Health Department employee, Sandy Irvin is listed on this agenda item with Commissioner Barton.  I urge Judge Sumter to ask Sandy to describe her role in this project, who she has spoken with about it and what, if anything she was asked to say and/or confirm if asked.  I have always found Sandy to be truthful and believe she deserves an opportunity to answer specific questions in open court about this smelly agenda item with her name on it.

Please join us Saturday, Oct. 27 at the outdoor Corral Theater in Wimberley for a fundraiser to benefit Hays Community Action . . . → Read More: Fundraiser]]> The Wimberley Valley Watershed Association is throwing a fundraiser for HaysCAN. Here’s the invitation they are sending out. Please pass the word along to all your friends. We hope to see you there.

Please join us Saturday, Oct. 27 at the outdoor Corral Theater in Wimberley for a fundraiser to benefit Hays Community Action Network (HaysCAN), the organization that has done so much to preserve the Hill Country way of life.

The centerpiece of the evening will be a showing of “The Unforeseen,” an award-winning film that’s being shown at film festivals around the world. It’s a stunning documentary about land development in and around Austin, about what can happen to the Hill Country and why towns like Wimberley, Kyle, Buda and Dripping Springs are prime targets.

Director Laura Dunn will be at the showing to answer questions about her film.

HaysCAN has been a major force in monitoring development in our area. Most recently, HaysCAN was instrumental in getting the facts out about the road bonds.

Mark your calendar for Saturday, Oct. 27.  Plan to support HaysCAN by attending this special event. Tickets are $20 at the door.  If you can’t attend, you can make a tax-deductible contribution to: HaysCAN, 14034 Robin’s Run, Austin, Texas 78737.

The Corral Theater…an important film…support for a great organization.

Sponsored by the Wimberley Valley Watershed Association.

Date:  Saturday, Oct. 27

Place: Wimberley’s Corral Theater, 100 Flite Acres, off RM 3237

Time: Benefit starts at 6:15, film starts at 7:15

Donation: $20 at the door

Bring a lawn chair and possibly a sweater. Bring your friends and neighbors.

names HaysCAN and its president, Charles O’Dell,

the 2007 recipient of its award for

Water Quality Protection Stewardship

This award recognizes the extensive work of HaysCAN in bringing open government to Hays county and the region so that community . . . → Read More: Award]]>

Barton Springs Edwards Aquifer Conservation District

names HaysCAN and its president, Charles O’Dell,

the 2007 recipient of its award for

Water Quality Protection Stewardship

This award recognizes the extensive work of HaysCAN in bringing open government to Hays county and the region so that community interests are protected.

In particular, the award cites HaysCAN and O’Dell’s work in monitoring Bear Creek and opposing Belterra’s direct discharge of effluent into the creek; on discovering, reporting and monitoring pollution of Dead Man’s Hole caused by athlete Lance Armstrong’s construction of a dam upstream; for working to stop the dense Heatherwood subdivision on East Gatlin Creek Road; for serving as a stakeholder in several environmental groups, including the Regional Water Quality Protection Plan, and for general oversight of county and city governmental bodies.

HaysCAN co-founder Charles O’Dell worked with Sam Braswell, a land-owner whose livestock drink from Garlic Creek, to publicize the problems of development on Garlic Creek in 2004. Now it is likely pollution is killing his livestock. The Austin Business Journal investigated and published this story on Sept. . . . → Read More: Garlic Creek]]> Problems at Garlic Creek…as everyone predicted

HaysCAN co-founder Charles O’Dell worked with Sam Braswell, a land-owner whose livestock drink from Garlic Creek, to publicize the problems of development on Garlic Creek in 2004. Now it is likely pollution is killing his livestock. The Austin Business Journal investigated and published this story on Sept. 21, 2007.

but PEC4U says forums won’t invite real input

The Pedernales Electric Coop, in response to a significant member outcry at this year’s annual membership meeting in June, has scheduled nine “membership forums.” At these forums, according to PEC’s website, “representatives . . . → Read More: PEC Meetings]]> Expected to be a “dog and pony” show
PEC to host regional “Membership Forums,”

but PEC4U says forums won’t invite real input

The Pedernales Electric Coop, in response to a significant member outcry at this year’s annual membership meeting in June, has scheduled nine “membership forums.” At these forums, according to PEC’s website, “representatives will be on hand to answer any questions you have and receive member comments.”

PEC4U ORG. a loose-knit group of PEC member-owners, says the PEC has not taken steps to adequately inform the public of these meetings. Hillary Hart voiced the group’s disappointment. “I am disturbed that PEC has waited 90 days to schedule these asked-for meetings and then given us only 11 days notice,” she said.

Several members of PEC4U submitted suggested changes to the by-laws six months ago. The suggested by-laws revisions would allow ordinary members to have the chance to run for open board positions through a democratic petition process. “Is that too much to ask?” said PEC4U steering committee member John Watson. “Other electric co-ops do that. What part of ‘democratic’ does the PEC board not understand?”

Now, Watson said he has learned that the “forums” are actually to be what he characterizes as “dog and pony shows.” Watson said Carol Moore, a manager at PEC, told him that the format is “open house.” She said that, as far as she knows, there will be no formal presentation by PEC nor any opportunity for a member to address an assembled crowd. There will, she said, be forms for folks to fill out with “comments.”

Ric Sternberg, a member of the PEC4U steering committee, said the PEC board of directors is extremely resistant to member input and real change. “Here’s more evidence of that,” he said. “They are deeply entrenched and self-perpetuating. There are no term limits. The seven voting members have served for an average of more than 22 years each, and they are not likely, under the present system, to nominate anyone but themselves. Their idea of ‘membership forums’ is not even a joke. It’s an insult.”

PEC4U is encouraging other concerned members to attend meetings in
their areas. All the meetings are from 3-7 p.m. Here are the dates and locations:

Tuesday, September 25

Austin, Wildflower Center

Johnson City, PEC Headquarters Auditorium

Junction, Coke Stevenson Memorial Building

Lampassas, Holiday Inn Express Hotel

Wednesday, September 26

Georgetown, LaQuinta Inn

Kyle, Hays CISD Performing Arts Center

Marble Falls, Best Western Marble Falls Inn

Thursday, September 27

Cedar Park, Holiday Inn Express Hotel and Suites

Spring Branch, Gathering Place
Addresses and directions to the sites are available at: www.pec4u.org.

Let your Randalls grocery shopping benefit you and HaysCAN.

– You benefit from lower Remarkable-designated grocery prices.

– Randalls makes a quarterly contribution to HaysCAN based on your purchases.

It’s as easy as 1,2,3. Here’s all you do:

1. Apply for a Randalls Remarkable Card at . . . → Read More: Randall’s Remarkable Card]]> Do you shop for groceries at Randalls?

Let your Randalls grocery shopping benefit you and HaysCAN.

– You benefit from lower Remarkable-designated grocery prices.

– Randalls makes a quarterly contribution to HaysCAN based on your purchases.

It’s as easy as 1,2,3. Here’s all you do:

1. Apply for a Randalls Remarkable Card at your local Randalls grocery store.

2. Designate non-profit #11445 (HaysCAN) to receive credit for your purchases.

3. Have your Remarkable Card scanned each time you check out. *

You pay lower prices.

Randalls contributes to HaysCAN for your patronage.

Thanks for your support…and be sure to tell your friends and neighbors about this great program to benefit HaysCAN.

* You must have your Remarkable Card scanned at checkout, and your Remarkable Card must have non-profit #11445 designated for HaysCAN to receive quarterly contributions from Randalls.