The Kyle Report

The Kyle Report

Saturday, November 28, 2020

Thunderpalooza, Kyle Klips, plus other sordid tales from Kyle’s not-too-distant past and how it all relates to the upcoming runoff election

 The musical The Music Man by Meredith Wilson tells the story of a con man by the name of Harold Hill who travels from town to town in the American Midwest of the early 1900s promising to form boys’ marching bands in each burg and then skipping town after collecting cash for band instruments and uniforms from the naïve townsfolk. 

A little less than a century after Harold Hill conned local townsfolk, Kyle was visited by its own Henry Hill. This time the person used the name Rocky DeMarco, and instead of promising to sell band uniforms and instruments, DeMarco came to town on Sept. 5, 2006, and said he represented a non-profit foundation called Human Spirit and that foundation wanted to stage a concert at the old Central Texas Speedway in Kyle to benefit under privileged children and the Breast Cancer Association. The event was going to be called Thunderpalooza (because the race track was also known as Thunderhill Raceway), it was to be held Nov. 4 of that year and it would star no less than the Beach Boys. This DeMarco fellow came before the Kyle City Council on that September evening and said all he needed to make this a reality was $40,000 from the city’s Hotel Occupancy Tax Fund. The money was not for him, he said, but it was needed to secure the Beach Boys.

At least two council members smelled a rat. One of those two, Todd Webster, would later go on to become mayor of Kyle. According to the minutes for that meeting, “Council Member Webster expressed concern that we have known about this for the last five meetings and have not had people ask us for money before now.” The other council member who questioned the deal was Linda Tenorio, who is currently seeking the job of mayor and will face incumbent Travis Mitchell in a runoff election Dec. 8. Those same minutes state “Council Member Tenorio stated she does not want to fund this request “ and “does not feel we have enough businesses in Kyle that Kyle would see a great benefit.” The minutes also suggest then City Manager Tom Mattis (who, in fact, was Kyle’s very first city manager), also expressed some concern and, according to the minutes, recommended the council should only agree to fork over the money after the concert took place.

DeMarco, however, told the council advertisements for the concert were already appearing and, according to the minutes, “feels it (Thunderpalooza) will be a great social economic impact to the community.” The minutes also suggest then council member David Salazar was Thunderpalooza’s biggest booster on the council. “Council Member Salazar stated they are expecting 20,000 visitors to this area which will be very good for businesses in our area,” according to the minutes and “Council Member Salazar moved to support the event in the amount of $40,000.00.” The motion was seconded by council member Dan Ekakiadis and approved 4-3 with council member Mike Moore joining Webster and Tenorio in opposition.

“A majority of the council just got really excited about being backstage with the Beach Boys and people like that,” one former city official told me. “And that Hotel Tax money was so restricted you almost had to try to find ways to spend it, so that was part of it.”

Whether this was actually a con job is open to question. Another former city official I talked to in researching this story told me he still has a framed ticket from Thunderpalooza and even today the Beach Boys’ tour schedule for 2006 does, in fact, show a scheduled concert at the Thunderhill Raceway in Kyle for Nov. 4, the day after they performed at Riverwind Casino in Norman, Okla.

However, another person I talked to for this story called Thunderpalooza “a total con job” and yet another said the city learned much later DeMarco and the Beach Boys “never had any connection whatsoever.” Another called it “a boondoggle mess.”

Needless to say, the concert never happened. That Beach Boys tour schedule referenced earlier says “Sorry, there are no songs in this setlist” for that concert, although the show in Oklahoma the night before indicates the band performed a 34-song set that kicked off with “Do It Again,” ended with “Surfin’ U.S.A.,” and included not only all the recognized Beach Boys hits, but covers of songs made famous by other artists such as “Duke of Earl,” “Come Go With Me,” “Why Do Fools Fall in Love” and “Do You Wanna Dance.”

And four days after the “Thunderpalooza-that-never-was,” the council met again and after coming out of an executive session, in the words of the minutes of that meeting, reconvened “to direct the city attorney and/or city manager as appropriate in the city council's discretion regarding litigation or other action against Human Spirit, Inc. to recover hotel/motel tax funds.” The council then voted 6-1 to try to get that $40,000 back. Funny thing about that vote, however. The one person who voted against trying to recover those funds was Tenorio.

“That’s simply another example of how she had such a negative view on things,” a former city official said. “Yes, she was against supporting an event like that but in the end she also didn’t want the city to recover the money just so she could say ‘See, I told you so.’ She would rather be out the money so she could forever point to everybody else. If we had gotten the money back, then it might have had a positive ending to the story. That was just indicative of how petty and negative she could be.”

I embarked on this research because I think the public knows from the record of the last three years — for better and for worse —  what kind of mayor Travis Mitchell would continue to be. Tenorio, however, is not currently on the public stage. So, I reasoned, the only way we might learn about what kind of mayor she might be would be to examine her record when she was on the council between 2004 and 2007. So I plowed through the minutes of all the meetings during her tenure on the council. But those minutes only detail the “who,” “what” and “when,” not the “how” or the “why.” To learn the answers to those questions I spoke with close to a dozen former city officials, both elected and staff members, who agreed to talk with me about Tenorio on the condition of anonymity.

None of them were complimentary.

“She never read an agenda the entire time she was on the city council,” a former colleague said. “She never once came prepared to discuss an item. Literally, just zero. No preparation, no effort at all.”

“Without any explanation or comment, would vote against every item on the agenda,” another one told me. “That’s what she did while I was there. She voted against Seton, she voted against H-E-B, she voted against 1626, she voted against all the things that happened during that time.”

The record doesn’t specifically support this particular argument. In the overwhelming majority of council votes recorded during those three years, the minutes state “All vote aye, motion passes.” The minutes also indicate H-E-B, or the “Marketplace Project,” as it was called, was already underway by the time Tenorio joined the council and, periodically, City Manager Mattis would update the council on its progress. And the first time the minutes reflect the possibility of Seton coming to Kyle was when Mattis briefed council on the subject during Tenorio’s final council meeting in 2007 at a time when she was a lame duck.

However, news about Seton Hospital’s plan to locate a facility in Kyle had received wide publicity before that.

“She did oppose the Seton-Hays deal we put together,” one source said. “After we gave Seton a big incentive deal I remember a story in the (Austin American) Statesman that said developers could recover $20 million in the deal with Kyle, which was true, but the only way they could gain that $20 million was if the school and the city made $200 million off the deal. So, sure, we made that kind of deal back then. We made a similar deal with RSI, which was the first big employer/manufacturer to come to town.”

“In my opinion, I think it was a case of weird petty jealousy based on if she wasn’t getting a deal like that  no one else should,” one former official told me. “She was against every economic development deal we tried to make simply because of the financial incentives. On one occasion, I told her ‘You build a 200-bed hospital here and we’ll give you the same deal, too.’ She just didn’t have the mentality to grasp those kinds of things.”

“She thought every thing the city staff told her was a lie,” said another. 

Yet another predicted her election would have a devastating effect on the city’s staff. “Half of them would probably leave immediately and then she would then get rid of the other half,” she said.

Kyle Klips apparently was a vehicle designed to get rid of some city officials, both staff and elected, although there is nothing to indicate Tenorio had anything directly to do with the publication. Her connection was somewhat tangential, but there all the same.

Kyle Klips was purportedly presented as a precursor to The Kyle Report, a publication focusing exclusively on city government. Unlike The Kyle Report, however, Kyle Klips existed both on-line and as a printed publication. The first two editions of Kyle Klips appeared, according to a judgment rendered by the Texas Ethics Commission (TEC), “on or before April 25, 2006.” In all, six editions of Kyle Klips were published, the last one being an undated edition that came out only a month after those first two. I have found it impossible to find a copy of Kyle Klips. I doubt if anyone saved a hard copy of it and the publication’s on-line domain address, “www.kylenewsletteroftruth.com, no longer exists. The contents of the publication, however, left no doubt the publication had a particular agenda. According to the TEC, the very first edition contained an article that said “Vote NO! for a 5 council member vote to fire/hire the City Manager” and “These are just some examples of how the City Manager, Mayor and City Council are failing to do the job they were elected to do. It is clearly time for all of us to take an [sic] part in letting these officials know that they must clean house now!” The second edition said “It is incomprehensible that the elected officials are so insensitive to the problems of the citizens. This problem is in District 6, Todd Webster’s district” and later “Vote NO, in the upcoming referendum on the City Charter Amendment! Vote NO FOR CHANGING THE CITY CHARTER TO REQUIRE 5 VOTES BY THE CITY COUNCIL TO HIRE OR FIRE THE CITY MANAGER.”

According to the minutes of  the May 2, 2006, Kyle City Council meeting, then Mayor Miguel Gonzalez opened the citizens comments period by saying “It appears we have a secretive group in Kyle that is using deceitful propaganda to promote their own agenda, they are hiding behind anonymous fliers to divide the community and if this group was really interested in helping the citizens of Kyle, they would step out of hiding and work with Council. Mayor Gonzalez stated as a Council we work together to promote policies to help our citizens stating I strive to get input from community, all our meetings are in the open, all our agendas are posted and if an issue is brought forward, it is pretty simple, we talk about it and we vote. Therefore I encourage this secretive group, if they really want to work for the city, they need to step forward and talk to council stating we can't allow a small group to tear the city apart. Council Member Ekakiadis stated he agreed with the Mayor 100% stating I can't believe someone would bring up something like that and be like a cockroach and hide in the dark stating I don't know if it is legal or illegal. Council is trying to work together and this doesn't help our city. Mayor Gonzalez opened citizen comment period at 7:07 pm and called for comments from any citizen. Lila Knight stated she was very glad to hear the mayor as well as other council members address this problem. Ms. Knight stated it was disturbing that citizens find trash on their doorsteps when it's the city's job to collect trash encouraging council to study our own ethics ordinance regarding this matter. Ms. Knight applauded council member Webster for all his has done in his position … she was proud that he was her council member thanking him for all his done.”

At its next meeting, on May 16, the council decided to act. It passed a resolution “Authorizing and directing the city attorney to investigate Kyle Klips and its associated website to determine if it violates election law, to investigate any other apparent violations of law coming to his attention during such investigation, and to determine the parties responsible for any such violations; to report his findings to the city council, to report violations; if any, to appropriate enforcement authorities.” Tenorio voted against this resolution.

Two months later, City Attorney Sheila Limon informed the council, according to the minutes of the July 18 meeting, that a Sgt. Luria of the Kyle Police Department had four suspects that were believed to be behind the publication, printing and distribution of Kyle Klips and “On June 19, Sgt. Luria called Sherry Anderson, Maxine Weatherford, Nolan Ward, and the Patlyek's of Cando Designs to request interviews, and all four stated that they had retained lawyers and that Luria would have to speak to the lawyers. No further action has been taken.” Anderson was Tenorio’s appointment to Kyle’s Ethics Commission.

At the council’s next meeting, on Aug. 1, Mayor Gonzalez recommended Anderson be removed from the Ethics Commission and the council voted 6-1 to do just that. Tenorio cast the one dissenting vote. The minutes from that meeting say “Council Member Tenorio stated she does not agree that there is a valid reason for the removal of Ms. Anderson stating she does not get paid, is voluntary and the city has a hard time finding people that are willing to serve in different committees, and do not do background checks on persons appointed to any committee therefore council members can not know of any wrong doing of the person they appoint.” During a public hearing conducted on the mayor’s recommendation, according to the minutes, Knight vehemently disagreed with Tenorio and supported the removal, adding “the council member (Tenorio) who appointed her should be held liable for the appointee's actions.” Knight has since completed a 180-degree pivot and is currently one of Tenorio’s staunchest supporters.

Two years later, in May 2008, the TEC concluded its investigation of Kyle Klips by determining it had violated Texas elections laws. It held only one person responsible, however, fining Maxine Weatherford $100. In its ruling, the TEC said “All of the volumes of Kyle Klips appeared in the form of a pamphlet, circular, flier, or similar form of written communication or appeared on an Internet website. The first two volumes contained express advocacy that opposed a measure in the election. All of the volumes contained express advocacy that either opposed a candidate in an election, supported that candidate’s opponent, or both. Thus, each volume was required to include a political advertising disclosure statement. None of the volumes contained a political advertising disclosure statement until May 8, 2006, or later. The disclosure statement that eventually appeared on the website stated that it was political advertising by ‘Willard Todd.’ The evidence shows that ‘Willard Todd’ bore no responsibility for the political advertising and that the respondent (Weatherford) was solely responsible for the volumes and paid all the costs associated with them.”

Is that true? Did Weatherford act alone in this venture? Many of those I spoke to had their doubts. “I didn’t think Linda Tenorio was directly involved in Kyle Klips,” one told me, “because it would have taken someone smarter than her to have written that document.” Another said she was positive more than one person was involved and recalled  “A few of those ladies were really obsessed with the city manager at the time for some reason.” A third bluntly told me “Sherry had a job with the state in those days. Maxine was fully retired and the consensus was Sherry was really the main one behind it, and really was the one that wrote it, but, in the end, Maxine took the hit so Sherry wouldn’t lose her job.” Another former staff official said they would often receive e-mails from Anderson and then the exact same wording from those e-mails would appear in Kyle Klips.

“The thing with Linda,” another said, “is that she didn’t have any meaningful input into anything. She was suspicious of everything, against everything, suspicious of the staff, thought we would blatantly lie about everything. But she wasn’t a person who brought new proposals or new ideas or alternative ideas to the table. She was just against everything you said.”

A former fellow council member said “she had no allegiances on the council. She literally couldn’t work with anybody.”

The minutes reveal Tenorio was the only member of the council to vote against RSI relocating to Kyle, which she did on three different occasions. She also was the only person to vote against the reconstruction of Kohlers Crossing to a four-lane roadway, which she did on three different occasions; the only person to vote against the creation of a committee to examine the feasibility of a nature trail along Plum Creek; was one of only two persons in April 2006 to oppose a $3,057 annual pay raise for police officers; and was the only vote in September 2006 against a proposed budget that would lower the property tax rate after specifically stating, according to the council’s minutes, that the tax rate should not be lowered, that, instead, it should remain the same. It was at the same Sept. 5, 2006, meeting that the council voted against Tenorio who had sued the city for $40,000 but now said she was willing to accept a payment of $9,788.55. The council said in unison it was not willing to pay her anything. 

“It’s been a while since I saw her,” another person I spoke to said, “but Linda’s such a bad person to her core. It’s just shocking to me that she could possibly draw that many votes for mayor. It’s parallel to the national scene where so many persons are concerned about sending a message they’re willing to vote for anybody.”

Another person, who left Kyle and the state more than a dozen years ago, said “It would be one thing for her to be the mayor of a town of one to two thousand people. But to be the face of a town the size of Kyle, whatever its population is now, you’d think you’d want a real leader and she’s definitely not that. People can change, I guess, but I have been in contact with old friends in Kyle and they seem to be just as shocked as I am.”

And this from someone else who worked with her back then: “When you think of being mayor, you want someone with a bigger, broader vision than their own personal agendas. She wouldn’t be the person I would think of for that role.”


1 comment:

  1. Kyl;e Klips is on the wayback machine.

    https://web.archive.org/web/20060519191021/http://kylenewsletteroftruth.com/Volume1.htm

    https://web.archive.org/web/20060519191042/http://kylenewsletteroftruth.com/Volume2.htm

    https://web.archive.org/web/20060519191057/http://kylenewsletteroftruth.com/Volume3.htm

    https://web.archive.org/web/20060519190916/http://kylenewsletteroftruth.com/Council.htm

    https://web.archive.org/web/20060519190949/http://kylenewsletteroftruth.com/History.htm

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