Cronyism for Planning & Zoning, Denial of Citizen Rights and a Hurried Push to Bring Austin to Bastrop
On the Consent Agenda for the Special Called City Council Meeting of March 4, 2025, there were several items that should have been considered as individual items. Consent agendas are passed without discussion or public input. There was even a Consent Agenda Item that contained a Public Hearing. This is suspect in that the Consent Agenda normally does not allow for discussion. In addition, there were seven (7) Public Hearings scheduled here that had far reaching effects on the City’s Land Development Codes. While I support positive development for our City, I prefer such decisions by our elected representatives to be beneficial to our citizens while encouraging positive development. A hurried process to alert, inform and allow our citizens time to evaluate seems contrary to public service.
Items placed on this Consent Agenda included:
- 3C – The first reading of an Ordinance (basically a municipality’s law)
- 3E – The expenditure of $150K of public funds
- 3G – The first reading of an Ordinance with a PUBLIC HEARING. It should be noted that this item was moved for individual consideration, but no PUBLIC HEARING was provided.
- 3H – Confirmation of an appointment of Jimmy Crouch to the P&Z Commission
I had comments to make for Item 3H and submitted a Request to Speak before the Council started. Section 4.8 of the “Rules of Procedure for the City Council and Boards & Commissions of the City of Bastrop, Texas” states …..”a citizen may request that any item be removed from the consent agenda and considered separately”. The presiding officer, John Kirkland, did not ask if those in attendance wanted an item removed and although I asked for the item to be removed from the consent agenda TWICE, such was not acted upon. The presiding officer violated Section 3.13 of the City Charter by blatantly ignoring the published Rules of Procedures. Does this make the vote taken for this Consent agenda invalid?
In not allowing the opportunity for a public discussion, has John Kirkland, in a questionable capacity:
- Continued a private vendetta
- Adopted Cronyism as an accepted procedure
- Denied Citizen Rights
- Indicated that he makes up his own rules
Removal Ignored
Statement by Lyle Nelson upon request to remove an item from the “Consent Agenda” at the March 4 City Council meeting. Items can be removed as stated in the City’s own Rules of Procedure. John Kirkland, Mayor Pro-Tem, ignored the request and moved forward with the Consent Agenda.
As part of the Open Government process, I feel it is imperative that the public be informed and this Council be reminded of certain facts.
The appointee being considered tonight for confirmation in June of 2022 admitted to violating the City of Bastrop Ethics Policy Section 1.15.009(d) when he represented others before a City Department.
In June of 2023, while on City Council, he voted, along with Mr. Kirkland and Mr. Plunkett, to remove two citizens from the Planning and Zoning Commission because they may have had divergent views. Then in September of 2023, this tentative appointee, again with Mr. Kirkland and Mr. Plunkett, voted to deny the appointment of a qualified citizen to the Planning and Zoning Commission.
Now the same Councilmembers who joined with Mr. Crouch to remove or restrict Bastrop citizens from the P&Z, are considering him for this important Commission. There can be some argument that this meets the definition of cronyism. I would ask for caution moving forward and save such an appointment for an actual elected Mayor or perhaps a recusal on this matter by Mr. Kirkland and Mr. Plunkett.
Comments to Planning & Zoning Commission
Comments of former Mayor Lyle Nelson to the Planning & Zoning Commission on February 17, 2025.
Mr. Chairman and Commissioners, thank you for your volunteerism and work. And thanks to the public for your interest.
My comments are not on the technical points of the City’s Land Development Codes but on the process of amending and adopting various requirements. I am for positive development but more importantly, I am pro Bastrop and its citizens.
As you are aware, it is imperative that we, as a community, optimize the opportunities to engage, inform and educate those who are impacted by our collective decisions.
When the current Land Development Codes were adopted in 2019, a portion of the authorizing resolution was that development be “conducted in a fiscally sustainable and environmentally responsible manner that honors the City’s rich heritage and unique ecological makeup.” It was designed to ensure clarity and consistency so as to mitigate any detrimental impact on our citizens. It was also intended to be a living document that should be reviewed and modified on a routine basis due to changing dynamics and citizen input. From April of 2019 through September of 2019, a period of six (6) months, there were at least, six (6) opportunities for citizen review and input, specifically to address possible amendments. This number does not include the many regularly scheduled Council and P&Z meetings.
Now, some six (6) years later, notices go out with alerts such as “WHETHER YOU MAY LOSE YOUR RIGHT TO CONTINUE USING YOUR PROPERTY FOR ITS CURRENT USE’ AND PROTECTING BASTROP”! These alerts state that it is in response to concerns from citizens. When and in what form were these concerns expressed. How many citizens expressed concerns and to whom? How many developers expressed concerns and to whom? These alerts inform our citizens that there will be only four (4) opportunities in a matter of Twenty-three (23) days to be informed, educated and provide input in a public setting. That seems such a limited amount of time for a regular citizen to digest and comment on the changes and their impact. This is especially concerning with a municipal election looming and the Legislature in session.
Again, I am not here to address the technical aspects but, as a citizen, I am concerned with the urgency being suggested for the residents of Bastrop to absorb such a vast amount of information and react with their concerns. Thank you.
Shocking Revelations
An Open Records Request revealed documents previously held outside the public eye proving that there were no financial improprieties at Visit Bastrop. And, City Manager Sylvia Carrillo knew it!
On Monday, January 29, 2024 prior to the first Ethics Commission hearing, Bastrop City Manager Sylvia Carrillo admitted in writing that it was “hard to show if anything is “wrong” when the existing policies allow it”. This was in reference to the allegations of financial wrong-doing at Visit Bastrop from 2020-2023.
In December 2023, investigating attorney Sarah Glaser issued a report that stated “The Mayor denied any knowledge of misuse of public funds and my investigation to date uncovered no evidence otherwise.”
John Kirkland repeated those false financial wrong-doing allegations in his January 18, 2024 ethics complaint and April 2024 recall petition even though he had to have known at the time that they were false.
In John Kirkland’s ethics complaint against Mayor Nelson, he stated under oath “a minimum of 51 occurrences of discussions regarding spending for meals, travel, and entertainment, some of which are already proven to be an improper use of public funds“. (emphasis added) I always claimed that wasn’t true. And, now, these previously not-publicly-available documents prove that wasn’t true and they knew it.
Former Visit Bastrop board chair, Kerry Fossler, recused herself from a May 16, 2024 vote that had to do with Visit Bastrop business while she was chair. Council member Kevin Plunkett served as board vice-chair in 2020 and 2021, two years that were included in the investigations. As a board member during those years, Plunkett should have recused himself from any votes regarding this issue, but he didn’t.
Ask yourself:
Why Kirkland so desperately wanted Mayor Nelson gone that he was willing to see more than $137,000 in taxpayers funds used for that purpose;
Why Plunkett didn’t recuse himself from votes where he had a direct, or at least perceived, conflict of interest;
Why the Kirkland-led Council majority refused to investigate the financial concerns laid out by Councilwoman Cheryl Lee in a 42 page report;
Why a re-write of the City of Bastrop development code is being rushed for adoption.