The letter below was sent to our CCHOA president 12/04/03, about 7 weeks ago. There has been no reply to date.

Why is Jim O'Reilly profiting off his position?

Is he not aware of our governing documents prohibiting this?

Why won't he answer my questions below?

NOTE: Since this letter was sent, O'Reilly kept a crowd of neighbors from speaking their minds at the HEB/Stratus meeting at Kiker.

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12/04/03
To: jim.oreilly@attglobal.net. info@circlecranch.com
Mr. James O'Reilly (CCHOA President),

The December newsletter states that you disclosed the land/money transaction with Stratus. I asked the info center for documentation of that disclosure, promised in the newsletter, and was told there is NONE for me or other members to look over.

I asked for full discloser from you and the other two board members almost a year ago, and all our CC board refused to give it. I'm sending this email directly to you, to get answers. I'm posting this letter, and any reply you send back, on the circlec.CC website.

The timing, and the fact that you personally benefited from this transaction, gives many residents concern. Our BOD are not to financially benefit from their positions.

1. How much did you pay for the acre of land on Mopac?
2. When did you purchase it, and from who?
3. How much did Stratus pay you for this land in October 2003?
4. Will you provide the members with all documentation to support your answers?

Some neighbors are suggesting that this transaction could be a payoff to help Stratus ''shepherd'' the proposed oversized HEB on track 103. The proposed 93,000 sq ft HEB at Escarpment & Slaughter would be one of the largest grocery stores in South Austin. The main concern is that this MegaGrocery Store is at the ''front Door'' of Circle C. In comparison, The Brodie Lane HEB is 76,000 sq ft. The additional 3,000 planned homes to be built south of Circle C, will use the Escarpment extension that you personally fought for, and the additional 2,700 homes to be built right here in Circle C, and this Mega Grocery store, paints a future traffic nightmare for the residents of our neighborhood.

I hope you will take a moment to answer the four questions above, for myself and all concerned residents of Circle C.

I also expect that you and Steve Bartlett, will do the ethical thing, and recuse yourselves in any Stratus/HEB negotiations on CCHOA's behalf. This first commercial development is important for Circle C's future. It needs to be right. Please consider stepping down from your position, so a resident with NO conflict of interests can take your place.

CCHOA member,
Paid in Full,

Sal Costello
10300 Dalea Vista Ct

CCHOA president without ethics

Is this the article you are talking about?

(this from the circlecranch.com):

''Q: I received a notification that Jim O?’Reilly purchased an acre of commercial land from Stratus. Is this correct?

A: Jim O?’Reilly did not purchase nor was given any land from Stratus. In 1989-1990, Jim was asked to serve on a Municipal Utility Board for Circle C MUD # 2, along with approximately 15 other people. This was an area in Circle C that had no residents, and all directors were deeded lots in these areas to fulfill the state requirements for MUD directors. The MUDs were dissolved in December 1998, and Stratus received its settlement agreement and zoning at the end of 2002. Stratus has worked with all fifteen of the MUD lot owners on a transfer of the lots that are in Stratus areas back to them. Jim?’s lot was transacted back to Stratus in October, and he disclosed the transaction according to the Disclosure of Interest policy of the CCHOA Board.''

Mike

Mike,

Yes that is the article. Note that it says ''he disclosed the transaction''. I asked tMike,

Yes. That is the article. Note that it says ''he disclosed the transaction''. I asked the info center for the discloser. There is none available.

Note they say ''transfer''. But if this was transferred with no cost, O'Reilly could have easily answered my questions, within seconds.

But, there are no replies from Mr. O'Reilly. Steve Bartlett also gave his company a 10 year lease of our CCHOA property for less than what it costs us in taxes and utilities.

Our governing documents say board members are not to profit off their positions. Period.

The Board is made up of 3 people, but only 2 are our neighbors. The 2 want to keep control of 3,000 homes. They don't want an open HOA. They tell you that they want you on a committee, but after you burn up months of time and effort, they nix anything that would jeopardize their control.

We need the ''Code of Ethics''. We need 9 board members.he info center for the discloser. There is none available.

Note they say ''transfer''. But if this was transfered with no cost, O'Reilly could have easily answered my questions, within seconds.

But, there are no replies from Mr. O'Reilly. Steve Bartlett also gave his company a 10 year lease of our CCHOA property for less than what it costs us in taxes and utilities.

Our governing documents say board members are not to profit off their positions. Period.

Bartlett does not live here. Why would Bartlett want to continue to be a board member after 16 YEARS, if he is not getting something for his time.

The Board is maed up of 3 people, but only 2 are our neighbors. The 2 want to keep control of 3,000 homes. They don't want an open HOA. They tell you that they want you on a committee, but after you burn up months of time and effort, they nix anything that would jeperdize thier control.

We need a ''Code of Ethics''. We need 9 board members. We need these ego tripping neighbors out of the HOA.