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Tuesday, November 10, 2009

Showdown at the Nutty Brown Café


"County Commissioner Karen Ford was elected to represent the interests of her constituency.
Does attempting to shut down, cite or impede a legally-compliant event putting $18,000 in the hands of a "Dripping Springs resident in need" accomplish that?"
–– Mike Farr, Gen. Partner, Nutty Brown Café

Send your comments and news tips to online.editor@valleyspringcomm.net or click on the "comments" button at the bottom of the story


Update, Wednesday Nov. 11 -- Just got a call from Commissioner Ford. She said "every problem in the world is about (mis)communication . . . He (Farr) has been led to believe that I'm out to get him and I'm not." It appears there have been several miscues in this dust up – probably the biggest over whether Ford actually contacted Sheriff Tommy Ratliff and demanded enforcement action against Nutty Brown for a mass gathering permit violation.

Ford says she made no such demand: "(County special counsel) Mark Kennedy called me and said we had citizens bring up some potential violations of mass gatherings at Nutty Brown Café. (Someone anonymously sent it to him and we know who it is). I asked what does it look like and how do we look at it even if we wanted to do anything about it . . . we should let Mike know and give him an opportunity to comply. I did call Tommy about it and asked if the sheriff could enforce it and how they would go about doing that. But never did I tell him I wanted him to do anything. We were just exploring what that mass gathering violation would mean. I called Tommy back (after talking to Mike Farr) and asked, did anything I say lead you to believe I wanted to shut down Nutty Brown Cafe and he said absolutely not."

Ford says Nutty Brown has been legally compliant going back at least three years when she and two sheriff's office representatives checked the outdoor concert noise levels and found them to be within the legal limit. "I came away from that meeting feeling that Mike was fully compliant and actually exceeding compliance in some issues." What does Ford tell neighbors who complain (constantly) about the loud noise? "There is nothing we can do. They are compliant within the current laws and end of story as far as what the county can do."

Ford says she wants to bury the hatchet with Farr. "Mike Farr is a generous member of our community . . . I reached out to him with an e-mail today . . . the truth is I do not have a vendetta against him and I am not working with disgruntled neighbors."

Editor's Note: We spoke with Mike Farr today about his open letter, below, wherein he raises some high decibel charges against Pct. 4 County Commissioner Karen Ford. Mr. Farr is general partner of the popular restaurant and outdoor entertainment venue Nutty Brown Café on Hwy 290, east of Dripping Springs. He was pretty animated in insisting that he stands by what he says and will not back down to political harassment. We've sent an e-mail to Commissioner Ford for a response. There's a long back story to this little flareup that could probably use some clear & open airing. We hope to report on it in upcoming posts.

Nutty Brown Café & Amphitheatre

November 7,2009


Last night, on November 6, 2009 Nutty Brown Café & Amphitheatre and Randy Rogers Band combined efforts to host the "My Breath of Life Benefit" for Amberlyn Fett. Amberlyn Fett is a young lady from Dripping Springs who has suffered from the physical, emotional and financial effects of Cystic Fibrosis her entire 20 years of life. I have known Amberlyn and her mom (Deb) for quite some time. Amberlyn has always been a big fan of Randy Rogers Band and back in August, I introduced the two backstage at Nutty Brown. They hit it off immediately and soon Randy Rogers was asking me what we could do to help Amberlyn and her family with their ever increasing medical bills.

From there our benefit was born. Just a few weeks before we were to
have our benefit, a match was found from an organ donor and Amberlyn finally received a new pair of lungs. Amberlyn is presently recovering in a hospital in San Antonio. Our prayers and thoughts are with her.

I am writing to let everyone in Hays County know that the benefit we had for Amberlyn Fett was
a huge success with just under $18,000 raised for Amberlyn. I also want to let as many Hays County residents as possible know that this success was in spite of County Commissioner Karen Ford's inquiries with local officials about having Nutty Brown cited and/or possibly having the benefit shut-down for lack of a Mass Gathering Permit.

Mass Gathering Permits are
typically required for any type of promoted event held outside the jurisdiction of a municipality where 2,500 people or more are expected to attend. The problem with Ms. Ford's desire to see me fined, jailed and/or the benefit shut-down was Nutty Brown didn't need a "Mass Gathering Permit" as we are in the Austin Extra-Territorial Jurisdiction and our benefit was a fully legal and fully compliant event. When I first heard of Ms. Ford's interest in having me jailed, fined and/or the benefit shut-down I honestly couldn't believe it. Is it possible that a County Commissioner would place her own ego and her own misguided political will over the health and welfare of a young lady lying in a hospital bed in San Antonio recovering from a lung transplant she has literally waited her entire life for? How could that be.

To that end, I reached out to Ms. Ford via telephone last night to have her confirm or deny her interest in seeing our legally-compliant benefit impeded or shut-down. After leaving Ms. Ford a message, she called me back an hour or so later and I asked her point-blank if she had spoken to any local or state officials about having Nutty Brown cited and/or the benefit we had scheduled shut-down over "Mass Gathering Permit" issues. She quickly assured me she had not spoken to any officials about this matter save for County Attorney Mark Kennedy. I then asked her if one of her subordinates or perhaps the County Attorney had inquired on her behalf in this matter. Again she immediately assured me none had done so.

This conversation went
on for a bit as I attempted to rephrase the question a few times to possibly eliminate some of the wiggle-room I felt Ms. Ford was clinging to in order to avoid acknowledging her role in seeing myself and the benefit punished and/or halted. Gradually, I shared with her more and more of the sources from which I was informed of her efforts ... each time inviting her to tell me the truth about her role. Each time she denied having personally spoken to anyone at anytime about this matter.

Finally, with all the wiggle-room gone in the face of the mounting list of credible witnesses I had
spoken with Ms. Ford "remembered" that she had, in fact, spoken to officials (including the Hays County Sheriff's Office) about the benefit concert we were hosting and whether or not we could be cited and/or shut-down for violating the "Mass Gathering Permit" requirements. I am not making this up ... she suddenly "remembered."

At 7 minutes and 7 seconds into a phone
call discussing one single topic ... 7 minutes and 7 seconds of repeated denials that any inquiry/attempts had been made by her ... 7 minutes and 7 seconds OF REPEATED LIES she conveniently "remembered."

When I pointed out that she had lied to me for the past 7 minutes and 7 seconds about trying to
impede or shut-down a charity event benefiting a Dripping Springs resident afflicted with Cystic Fibrosis, Ms. Ford refused to acknowledge lying. She said she had only failed to "remember" her actions even though they had happened THAT DAY and even though it was the singular topic of the first 7 minutes and 7 seconds of our conversation. I told her that she had lied to me ... period.

I told her that I knew she had lied and that she knew she had lied and that the
classic politician's claim of not "remembering" was an unacceptable response to the matter. After a few more repeated denials of lying to me I offered to drop the whole thing on the spot if she would just acknowledge that she had lied about her role. I offered to keep this whole affair to myself and never mention it again if she would just do the right thing and admit she had lied to me ... I told her I didn't even need an apology for the lie ... just an admission that she had lied. Again, she refused to do so.

I told Ms. Ford I would make it a point to tell anyone and everyone
I knew about her attempts to impede a benefit concert for a local resident and the lies she told in the cover-up those efforts. Ms. Ford warned me "to not go down that road with her." Again, I am quoting, she said "YOU DO NOT WANT TO GO DOWN THAT ROAD WITH ME, MIKE FARR." Alas, the bullying had begun.

In many ways she is right. It is probably not the smartest thing to "go down that road with her"
right now in the face of the recent protest filed against the renewal of Nutty Brown's permit to sell alcohol. Though I am completely confident we will prevail in that matter, the last thing I need right now is the County Commissioner looking to settle political scores against me and/or my business. Particularly a County Commissioner clearly comfortable abusing her power and operating in a world of lies, intimidation, deceit and poor memory function. But I simply can not remain silent on this matter. I refuse to be bullied by County Commissioner Ford regardless of my present situation. So I am writing this letter to anyone and everyone that cares to hear about this grievous example of an elected official attempting to run roughshod over their constituents.

County Commissioner Karen Ford was elected to represent the interests of her constituency.
Does attempting to shut down, cite or impede a legally-compliant event putting $18,000 in the hands of a "Dripping Springs resident in need" accomplish that? Does repeatedly lying to one of her constituents serve that purpose? Does threatening and bullying a constituent represent the high standard of her elected office?

I am hopeful the electorate of Hays County will answer these questions next fall.


Mike Farr

General Partner

Nutty Brown Enterprises, LP
12225
Highway 290 West Austin, Texas 78737

17 comments:

Kathi Thomas said...

Knowing Commissioner Ford as I do, I can't imagine this conversation having quite the tone that Mike describes. The "don't go down that road" comment, which he takes to be a threat from her, sounds more like her telling him not to threaten her, because she doesn't bow to threats. Lord knows she's had plenty of them- from threats when they were appointing the new sheriff & the new judge, to the development regs and on and on. Commissioner Ford doesn't threaten, nor does she bow to threats.
I am hopeful this can be resolved. Mike has been a valued member of our community, and has done a lot of good for our community, something I overheard Karen pointing out to someone who was complaining to her about the noise levels at NBC.
However, if someone asked about a possible law violation, it would be negligent for a member of the court not to ask questions about it, but that certainly doesn't mean that she wants to "shut him down"- quite the opposite, in fact.
I've not agreed with all her decisions, but Karen has been open and honest about everything about which I've asked her. We've agreed to disagree on some issues, and on some I've seen her point and changed my mind. I can't say that I've brought her around to my point of view on anything, but, honestly, she is much better informed than me on all that I've asked about.:)
In short, I hate to see something that I think is an honest misunderstanding blown into a mountain of accusations, which does no one any good.
I will admit that Karen is a good friend of mine. We campaigned together in 2006, and you learn a lot about someone when you're on the campaign trail with them. She is a neighbor as well, and has been a good one. She didn't get into politics for power, but, rather because of the shoddy way that the folks on Nutty Brown Road were treated by the then Commissioner's Court when they widened Nutty Brown Road. She didn't think that was the way that citizens should be treated, and she has worked hard to be open to everyone.
There are those who will try to take something like this and blow it up to momentous proportions, but we need to remember what it was like under the previous commissioner (and judge, for that matter) and think, do we really want to return to "developers rule" in Pct. 4? I much prefer someone who is sensitive to the folks who live here now, rather than someone who kowtows to big developers.
I know Mike's main beef is that she didn't come right out and admit that she'd asked the sheriff's office a question about the ordinance, but it could be that the way he was phrasing it was that he was saying that he knew she wanted to shut him down, which is not correct. If he was upset already, and asking he question in such a way that it "said" one thing to Karen, while he "heard" something else, then she could very well have said "no" to him, until he asked point blank if she talked to someone. (I don't know about y'all, but I do so many things, if someone asks me an oblique question, I very likely have no clue about what they're talking- I need a very specific question in most instances so that I can figure out what I was doing when.)I don't know, and have been out of town so haven't gotten to have a good conversation with Karen yet, so I've not heard all of her "side" yet.
The point is, we're all adults, this needs to be resolved.

Anonymous said...

First off, we in Hays County still are under "developer's rule".

Second, I have seen first hand where Karen Ford does NOT and will NOT stand up for what is right for fear of reprisal from wealthy and powerful special interests.

I previously voted for Ms. Ford and while she may or may not be better than her predecessor, I will NOT vote for her again.

This writing by Mike, the owner of the Nutty Brown Cafe, obviously is angry and filled with emotion. However, there is no reason for Ms. Ford to "dance around" his question.

Regardless, we residents need to take a good long look at what Ms. Ford has accomplished FOR US RESIDENTS and recognize that it hasn't been very much.

I plan to vote for her opposition.

Anonymous said...

Please clarify - Does Commissioner Ford know who filed the complaint or does the RoundUp?

RoundUp Editor said...

In the update, Commissioner Ford points to an "anonymous" complaint that was apparently called in to Mark Kennedy, county special counsel. That call is probably what got this whole brouhaha started. Ford says they know who the anonymous caller was, but she did not volunteer a name.

Farr says off duty sheriff's deputies who were providing security for the benefit concert informed him it was common knowledge at the sheriff's office that Ford was out to shut down the concert. Not true, says Ford.

Who to believe?

We asked Farr if he has a favorite in the Pct. 4 commissioner's race. He said no, but thinks Republican Ray Whisenant is a good man. We are told Farr is a "Kucinich Democrat." That means very liberal. He appears to be proud of the label. He told the RoundUp he was a Democrat when it wasn't cool, in the shadow of 9/11 and during the Bush-Cheney years.

So, we can speculate that someone is trying to start a fight between the two, to the detriment of both. Theoretically, the winners would be Whisenant and Nutty Brown's neighbors who are constantly whining about the noise – something to rally over. Some of those neighbors are now circulating a petition to oppose NB's alcohol license renewal.

One of our questions is: Why would sheriff's deputies push the Ford rumor if it wasn't true?

Anonymous said...

Thank you for the clarification, RoundUp. It seems to me that the off-duty deputies acted very inappropriately. I doubt they have contact with Ms. Ford often and I really doubt they have ever heard anything negative about NBC from Ford's own mouth. I could easily see a situation where the deputies may make some comment about the neighbors that have issues with NBC and how Ms. Ford lives close to there, etc. Just because the Commissioner is neighbors with people who don't like NBC does not mean that she is out to get Mike Farr.

I agree with Ford that this is likely a HUGE misunderstanding. Unfortunately issues like this arise often in the public service arena and I'm sure Mr. Whisenant is enjoying every minute of this.

Anonymous said...

Come on people! It is business as usual a county Comm. got caught trying to do something that they had no business doing and now they are trying to cut their losses. If this had been Conley and his group the outrage would be pouring in. Kick-em all out!

Right in DS said...

You guys are pathetic. You ASSUME way to much. Why don't you ask Ray whether or not he is "enjoying every minute of this"? Presumption and innuendo is the name of the game with this b.s. blog.

I agree with Kathy T. that this is most likely a big misunderstanding. But to assume that someone is setting this up to cause a rift between Karen and Mike to somehow benefit Ray is b.s.

The "anonymous" individual is most likely none other than another Nutty Brown neighborhood gadfly and notorious troublemaker - Charles O'Dell. This has his fingerprints all over it. He disapproves of Commissioner Ford due to her lack of taking his side on his fruitcake campaigns, and I am sure he is rallying against Mike, all the while being hopeful to be able to blame it on Ray. On all three counts, O'Dell in his warped mind wins. (Since innuendo and presumption are the trademarks of this blog, I figured, what the hell I would just make some of my own.)

Anonymous said...

This whole incident is ridiculous and almost laughable. The "he said, she said" is political bickering and posturing.

The bottom-line regarding Comm. Karen Ford is to view what she has done that is positive for the community she serves.

As one of the Anonymous comments already mentioned, we would be hard-pressed to point out anything positive Comm. Ford has done since she was voted in.

She is not a fiscal conservative, she dances around topics with her responses and she does not verbalize any stand that may come back to hurt her from powerful wealthy resources even if it is in the best interests of the community.

My family and I also will vote for Comm. Ford's opposition in the next election.

Anonymous said...

I did not mean to imply that Mr. Whisenant had anything to do with this debacle. I was just trying to point out that this is how politics works (everywhere). Ms. Ford is a tough candidate and I imagine she would love watching this play out if the shoe was on the other foot. This incident will likely be a footnote to a contentious 2010 campaign when it's all said and done with.

Again, no disrespect to Mr. Whisenant. Public service is a brutal game and I often wonder why anyone would want to run for office.

Anonymous said...

Are you kidding? If it'd been Conley most everybody would have thought, no big deal. Conley, Barton and Rose are the biggest liars on the block with their public line and back stage special interest development agendas. Don't ever recall reading a press release from any one of these yahoos on their latest special municipal utility district legislation or county development or road bond scheme. You? If you did a Liar Meter test on the three stooges, they'd be off the charts, Ingalsbe is close behind, Ford about a "3" and the judge somewhere slightly lower. Part of the fun in all this is figuring out who is lying about what next.

Freddy said...

Long live the Nutty Brown Cafe! I love that place. Great food, great entertainment, great people and great times. Hold your ground, Mike Farr. Your establishment has made my life, and others, a whole lot richer.

Anonymous said...

Wow! How much County information does Does Ms. Ford share with Kathi Thomas? Maybe she is a little more open with information with her?

Anonymous said...

Conley and Barton's comments would never be welcome on this blog. Nor Rose here of late. So where would you like to read their personal press releases? Barton has his family's paper, Conley most likely uses the San Marcos Mercury, and Rose uses the American Statesman and the real paper in this part of the County, the News Dispatch.

Anonymous said...

Conley and Barton are businessman who use politics towards their own end.

That's fine. That's what America has become in the political arena.

However, none of our local leaders are worth much in working in the best interests of the community at large.

Money rules and that's just the nature of the political beast.

Personally, that would be okay with me if only they would also do some good things for the community.
Usually, that's just not the case.

Anonymous said...

This really is a totally stupid incidence complicated by poor communication between Mike and Karen and further amplified by placing the issue before the public.

Anonymous said...

Frankly, I have lost a ton of respect for Mr. Farr due to this supposed dust up. Trying to bring a politician down over something this minor is cheesy to say the least. So many democrats in Central Texas are beginning to realize their weak predicament of not having viable candidates for the State and Country offices. That coupled with the lack of support in the national arena have caused the Dems to begin to panic. I think this is an example.

Anonymous said...

I think what we are all forgetting here, is that the event Karen Ford and others in the community were trying to shut down, was to benefit a young girl's organ transplant and to help her family with medical bills. This is pretty cut and dry for me. Nutty Brown goes out of their way, consistantly to help families and organizations in our community. This is an issue of Karen Ford and those trying to shut down NBC not fully understanding the huge positive impact this establishment has had on EVERYONE! Whether it's providing jobs for your children, or donating to their soccer teams, Mike Farr cares about the people in this community and does all he can to contribute in every way possible. Karen Ford has made it quite clear where her loyalty lies, and it is not with those in need. I will be voting for the opposition, and I hope you all take a minute to think about how many times you have seen Nutty Brown Sponsored events in your neighborhoods.