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09

VOLUME THREE

01. 0 9 .14

I SSUE TWO

"Now is the winter of our discontent." Gloucester, Richard III, Wm Shakespeare

This man just made Carter's boy cry.


Page 10
Fire Octavio Garza | Octavio Garza Must Go | Time's Up for Octavio Garza

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Carters Boy Draws an Opponent


Barron Casteel will be surprised to learn that hes got a challenger for the job he considers his birthright, as local attorney Greg Gallagher has

1 WORD
ST
MIKE months, all four lanes of the would be open sometime REYNOLDS road in December (and then closed
Then, in a massive flip: 3) That all four lanes of the road would not be open after all. 4) That paving will commence in January. In the months prior to the presentation of the above contradictions, wed been told that our long, local nightmare would be over in April of last year. Then June. Then August. Then September. Then October. Then November. A few weeks back, City Hall announced a new completion date of sometime between March 20 and June 20. All of these commitments were made by one man Octavio Garza. Hes been in charge of the Walnut project since the beginning, and hes been stringing us along years by the time the road is finally open. Its time for him to go.
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WITH

2)

Because

there

wouldnt

be any work done for several

again in the spring for paving).

decided to throw down for the office of Mayor of New Braunfels. This creates a huge conflict of interest for me, as Gallagher is not only a close friend but also my lawyer, and I have a history of prefacing anything I say to Barrons mother, Carter Casteel, with #### you, Carter. Combine those fun facts with the stark reality that I was told, after the 2012 County election, that I need to Get right with Barron, and you can see, well, how this ones going to play out. Given my close relationship with this race, Ive turned over the task of covering it to our legal affairs reporter, Nick Rogers, with a promise to keep my unbelievably biased hands off of his work. Im not even going to read it before we print. Im counting on him not to get us sued for libel, mainly because I want my column to be the first one to invite those charges. Considering Casteels hatchet job on Jay Patrick when Patrick was running for City Council a few years back, we expect Carters little man to make this real personal, real quick. Its going to be a barnburner. Read Nick Rogers quote-fest with Gallagher on page 5. Read it and love it. As for other politicians looking to strong-arm us this time around, let me remind yall how this game works in the real world: Its your job to suck up to the media, not the other way around, despite the fact that New Braunfels news outlets have a history of strapping on the kneepads. Its a new era in Texas Most Corrupt City. Know your role.

with pale excuses for what will be over four

Garzas been drawing a paycheck at taxpayer expense while outright lying incompetence. We knew that the street could be paved in December, and published material that Garza said would be used on Walnut. You know, the stuff he said couldnt be applied until average temperatures reached our December 12 issue: 70 degrees. Heres the relevant excerpt from According to Octavio Garza, (the Citys Capital Programs Manager and point-man on the TxDOT specifications for the particular
Closing Date: 5.26.13 QC: sm

about the project and/or acting out of gross

Walnut), we have to wait until spring to get the street done because we need 70 degree weather in order to pave. We thought that sounded suspect because we know that our local street department doesnt shut down paving ops for three or four months every year, so we checked the science with TxDOT and came up with this: Continued on page 6. 3
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In the last several weeks, weve been told that: 1) Walnut Ave could not be paved during December, January, February, or March because the temperatures would be too low for the paving material, CRS-2P, to be applied. TXCITIZEN.COM

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TXCITIZEN.COM 5

Octavio Continued from page 3. The normal requirement is that the ambient

Garza,

the

citys

capital

They could take three months off of Walnut they were screwing up in other parts of the

programs manager, told council that cool and go catch up on the other low-bid jobs weather will keep the Walnut project which began in the fall of 2010 and was initially slated

temperature should be 50F and rising on a to be completed in April cannot realistically paving or patching project. Air temperature is a be completed until spring. (Emphasis ours) factor in cooling hot mix asphalt pavement, but

state, before those fines kicked in. The weather back them up on it, which he did. Garza then pitched that excuse to City

excuse was perfect, if they could get Garza to

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the base or ground temperature is more critical. The second step is base or ground temperature. Monitoring the base (ground or existing pavement) temperatures can be accomplished

12/10/13: We go to press with our Council. If Council had ultimately gone along 12/12 issue, which contains the actual specs. Texas Sterling off the hook for the fine after

with the scam, they would have had to let

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12/13/13: Garza to KGNB The all, Sterling cant be expected to control the with an infrared thermometer to assure the base weather right now is not conducive to paving. weather, right? Big, BIG props are in order for temperature is 50F and rising. We have some restrictions and specifications members of City Council for not letting them Then we thought ahead to the excuse on the temperature, specifically on the seal pull it off. Now its time for them to finish the temperature wont be as warm as the air, goes between the existing asphalt thats out and checked the scenario with a working TxDOT crew on Tuesday morning. The air temperature was 47 degrees at their job ground temperature at a balmy 59.7 degrees. And that was on a BRIDGE (Bridges are cooler than regular road surfaces). The crew plans on paving that bridge by the end of the week. there now and the final course of asphalt. know its firing time for Garza.

the City will make, which is that the ground coat. The seal coat is a layer of asphalt that job, and let City Manager Robert Camarino

PLUS THE BEST

Council then needs to instruct Camarino to

The restriction on that is 70 ground bring in somebody with the proper combination temperature at application time. Obviously its of integrity and competence to finish this job. To allow Garza to hold a position of trust on City the road. Garzas conduct and performance

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site, and their infrared thermometer read the not 70, and we cant apply that. Thats going WHAT? The ground was warmer than the air? is conducive for that type of operation. The

to move paving time out to when the weather Staff is asking for more Walnut fiascos down seal coat thats specified for our project is would not be tolerated in the private sector. It something called CRS-2P. Its a polymer-based must not be tolerated at City Hall. asphalt. There are others that are non-polymerAs for Texas Sterling, once this job consideration for any other work in the Citys limits, permanently. The Citys bidding Sometime after 12/13/13: City Hall CRS-2P. Garza busted. 1/7/14: Houston-owned Herald-Zeitung Garza said product specifications require that the seal coat be applied only when degrees or above and air temperatures are at least 50 degrees and rising. He said contractors, by following specifications, will be able to achieve the same quality of work during the winter as they would during the warmer spring. (Emphasis ours) What? The same quality? Give that man a gold medal for verbal gymnastics. The fact that we checked his work for him had to hurt once City Hall got hold of the article and saw the true specs for the paving materials. After Council understood that, they decided that Texas Sterling, the contractor on the job, was still going to have $1,600 a day that they were coming in behind schedule deducted from their final invoice. No excuses. \m/ Mike Reynolds Publisher/Editor-in-Chief practices should be overhauled, and the low the high ones. Maybe take the middle bid next time, and stop asking for trouble. And as for us, well, the way we see it, by taking 15 minutes to audit Garzas work reads the column with the actual specs for bids should be disregarded right along with

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It should be noted that while we get a few based, but those arent produced in the winter super-cold days once in a while, the average time. (Emphasis ours) daytime temperature in December is 63 degrees. In January its 61, and in February, 65. If at an air temperature of 47 degrees the road is 59.7, it seems we should be fine if the air starts out at over 60. Seriously. So yeah, that whole 70 degree thing must be a special rule just for us. Clearly, Garzas full of baloney. Chock full. Now we find out that were indeed going to pave, even though theres been no significant sunspot activity or other factor making January, February, or March any warmer than they usually are. In fact, were looking at a colder than usual winter way colder. Either the laws of the physical world changed (they havent), or the paving materials changed (they didnt), or Octavios mind changed (it did). Check out the chain of events below and enjoy watching his hand get forced. 12/10/13: Houston-owned Herald-

is complete, they should be taken out of

and subsequently alerting City Hall to Texas taxpayers of this City $1,600 per day for 90 Hall isnt going to have to write off to Sterling. As always, were happy to be of service.

surface or ground temperatures are 60 Sterlings long term goal, we just saved the

days, for a grand total of $144,000 that City

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Zeitung The council also learned that the long-delayed Walnut Avenue reconstruction project isnt expected to be finished until spring, when the weather will allow the necessary two-plus weeks of 70-plus degree

2013

See, the real story here is that Texas temperatures to properly install the final layers Sterling was using the temperature scam as a of road surface. pretext to get out of paying that delay fine. 6 AD SALES 830.358.2493

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RES PVBLICA
Local attorney Greg Gallagher has decided to New Braunfels is at a crossroads and

WITH NICK ROGERS


dont make sense. I dont believe the City Council has a pro-small-business attitude. They should have a laissez-faire attitude. Its arbitrary to decide who can succeed and who cant. My attitude is, if I am sitting on Council,

Est. 1986

throw his hat into the ring and run for mayor of has been for a while. We can still keep our New Braunfels in the May 10 general election. small-town values, but balance those with His opponent will be Baron Casteel, who started his campaign several months back. We sat down with Gallagher to discuss his reasons for running, his qualifications for the post 21st century ideas.

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One thing I dont like is the Councils attitude

and Comal River Toobs wanted access to the

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to prohibit them from river access. What could other businesses, rather than take a restrictive,

we do to help business owner, residents and

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negative-business attitude? The truth is they Im tired of backroom deals and insider politics. toward small businesses. As an attorney here dont want more tubes going down the rivers. Im tired of the fact that a small group of longtime in town, I have given legal advice to many State laws are not enforced equally, small businesses, and I find that some of the residents can run everything for everybody. either. The States Fuzzy Animal Act, which I would answer to all my constituents, ordinances passed by the City seem to be bans 8-liners, is an example. Some run them not just a small group of elite homeowners passing an ordinance for the sake of passing blatantly while others get shut down. When who are retired and have nothing better to an ordinance. Theyre not written well, which one such business owner got shut down, I told do than push through their own agenda that costs years of litigation at taxpayers expense. him that he either ticked off the wrong people If youre going to write laws, you should only benefits their personal property, to the or didnt pay off the right people. He felt like it know laws. I would be the only lawyer on the detriment of others. was retaliatory, that he was targeted. He still When you serve, youre a keeper of the City Council. I know how to write laws and doesnt know why. public trust, not there to play cronyism. You know their consequences. You cant pass an Another business example was the cant do things just for yourself and your friends. ordinance without explaining why. downtown food court. Council shut that project A good example of the benefit of (a If you get competent and honest leadership at down because they were protecting some lawyer being on Council) is Citys proposal City Hall, everything else falls into place. favored restaurateurs. The City said it will not You cant say that Baron Casteel is to charge admission to Prince Solms Park and allow food trucks downtown due to public running for the benefit of the city. Im not in this Hinman Island. Once you charge admission, safety, but theres one in front of the courthouse. for money. If I were, I would join their side. I the City steps out of the role for providing public could have come into town and said, Im your parks and steps into the role of maintaining a boy and, yeah, Ill play ball, but I was raised water park. When that happens, the City has different. I took an oath as an attorney to call to be held to the same standards as a water out corruption when I see it. I want to be a voice, not just go along with the crowd. I want to be independent and try to bring transparency to the Council. They say theyre transparent, even won an award for it, but theyre not. Right now, there are certain people on the City Council who are what the Texas Legislature calls furniture. These people wait and see how as Sandy Nolte and Bryan Miranda. I just dont understand why you have seven elected officials on Council, and a highly paid city manager and city attorney, yet when something controversial comes up that needs resolution, like the Christ in Christmas park, such as safety standards. This means you are now in the role of a private enterprise and you waive immunity. If someone gets hurt, for example, or drowns, the City becomes liable. Once the City charges admission, it becomes liable. The City Council has a gung-ho attitude. They seem to say, lets try it and see what happens. They dont think ahead and dont

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represented on Council. I want to be the City runs through town every year and City Hall Councilman who owners of small businesses banner, they appoint a select committee of says it cant come through. The City Council and big businesses, such as the Schlitterbahn, citizens to make a decision. Who are these should be somewhere small businesses can go can call 24-7 and know that I am available to citizens? Why were they chosen? The Council to for support, not have their doors closed. help them. I am the real pro-business candidate. members were elected to make hard decisions.

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One problem is that permits are granted Having been an investment advisor and How is that democratic? I want to show the based upon favoritism. One example would be now a lawyer, I know the risks businesses have courage and integrity to make hard decisions. Comal River Toobs at the 444. The City denied and I am a compassionate ear to business The citizen committees are leading the city by them the right to launch tubes into the river. because I know what theyre going through. surrogate and thats not democracy. Someone needs to be accountable. The permits are granted arbitrarily and not justly applied to all businesses. They just Election Day is allegedly May 10. AD SALES 830.358.2493

UNCLE ESEL
Uncle Esel, Enjoyed your list of top stories but it seems like you left off the biggie about Scooter Store. What happened to that story? Scotty
Dear Scotty, I had several people remind me of this. Seems like old Esel had so many stories like the City finally strong arming NB Aero and eliminating their only competition at the airport and the near end-around by the old City Manager and Guadalupe County Commissioners that almost got us our very own gas production facility next to a brand new school, that while whittling the list down, the story that dominated the year inadvertently got left off. What should have been in the top two was the demise of the Scooter Store after years of defrauding the government and allegations of strong arming and hoodwinking doctors to get just about anyone who asked for it, a massively overpriced battery cart. Of course there were lawsuits by employees left high and dry while founding family Harrison continued to live high and mighty off the big cash-out they took before the Feds could sweep in and bring about the demise of what Chamber of Commerce Czar Michael Meek kept publicly hoping was just a bad dream that we could wake up from and all would be hunky-dory. Nope, those poor employees ended up losing it all and were told too bad while just recently, Doug Harrison who made millions from the hard work of those employees asked the court to allow insurance money and not his own millions of dollars to be used to defend him against continuing criminal investigations. Uncle Esel wonders why Dougie doesnt hit up former senator Bob Krueger who received millions to lobby for Scooter Store over several years. Love, K As is typical, a lot of people joined the bandwagon and manufacturers came out with money-making options for these vapers as they call themselves. Some users though have actually increased the use of the vape compared to the tobacco they were previously smoking, and some models actually can deliver significantly more nicotine than a normal cigarette. In addition, agencies are just now starting to call for further investigation to determine if in fact there may be detrimental affects by any other chemicals in the vaping process. Several municipalities have started to put restrictions and even bans on vaping (New York City, of course) and several businesses have also banned the practice. The FDA, under pressure from medical groups, has banned the importation of vaping products and many believe they may move to ban the sale until manufacturers can scientifically satisfy them that there is no danger in the e-cigs. Canada has already taken this step. For the most part, it does not appear that many local establishments have banned vaping. Love, K

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Dear Esel, Another truck hit the Landa Street underpass again. Why doesnt the city fix this? Thanks, Vince

Dear Vince, Its been brought up a few times and each time the same group of people start arguing the usual. Its historic, or its going to destroy our downtown and a whole stream of other nonsense. They organize email campaigns and show up in droves at some City workshop. Then someone like Council Member Digges tells a story of some long dead relative who Dear Uncle Esel, I get a little tired of going to delivered the rebar used in the ugly concrete restaurants and having someone puffing bridge and paralysis sets in with the majority and puffing on those e-cigarettes. I mean of Council and nothing happens. Im glad that its not burning tobacco but Frankly, if anyone walks down and looks now Ive also heard that there might be at the concrete utility structure and declares that dangers with the e-cigarettes also. Cant its historic and needs to be preserved, then they these people just get through a dinner are truly idiots. By that measure, we should still without puffing on something? be driving across the Faust Street bridge and Thank You, IH35 should never have been built. Louise Love, K Dear Louise, On the surface, I have to agree that the E-cig, as some call them, are not burning tobacco with all the tar and carcinogens that come from the smoke. Many people who have not been able to wean themselves from tobacco have turned to the e-cigs to get their fix of the habit forming nicotine that they crave. TXCITIZEN.COM

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one. Ive been in this country illegally Im guessing that Starkie modernized t for 16 years, y ya chole no? For sixteen the Spanish in addition to translating

years I lived my life like anyone it. Have you read Don Quixote in thea else: going to school and working. original Spanish, by chance? If so,G

Eventually I became a teacher for the would you say that the Renaissance- era Spanish is as difficult for Spanisho public schools. It is too long to explain how I did speakers as Shakespeare is for English all this. I knew it would come to an speakers? Also, is Cervantes required end at some pointas the gringos say, reading for Mexican high school kids the shit would hit the fan eventually. as Shakespeare is for kids in the U.S.? (I Well, it has, and now I am a nanny to imagine it is for kids in Spain.) my best friends kid. We were talking one day and decided that if anything were to happen, if I was arrested or in
Dear Gabacha: Cervantes in the original

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The names listed have been released in accordance with the Texas Public Information Act Code 552.001 st.seq.annotated Public Record and Information disclosure statues.This is a true and accurate account as of Monday, January 6, 2013 at 9:15 am and may not be current by the time it is read. Do not try to apprehend anyone. For anonymous tips and rewards, please contact Crime Stoppers at: 24-Hour Phone number 830.620.3400; Mon-Fri 8am to 5pm 830.620.3411. These are listings of criminal warrants with the Sheriffs Office and are not indicative of guilt or innocence. Officers are to verify the status of each warrant prior to making an arrest. Any person is innocent of wrongdoing unless proven guilty in a court of law.

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never done anything wrong. I was Starkies translation is fine, but ms mejor is brought here when I was 14 years old, Edith Grossmans version. And, finalmente, so I had no choice. The only wrong Don Quixote is not required reading for Mexi Ive done is run across with the rest prepa kids,but Condorito sure is. of mi gente; the only difference is that I didnt know why I had to do it. Dear Mexican: I get that gabachos

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ASK A MEXICAN!
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! Hot in the Kitchen with Sherri Gallagher


Traditionally, French onion soup is made with red wine as a base. However, I have taken

With our winter weather finally upon us, it is time for something to warm the body & soul, and

even sooth the common cold. What better than hot soup made with a hearty beer? How can you

go wrong? Well, heres my fusion of a few things Irish and a few things French.

this French recipe to the next level and substituted the wine for a dark Irish stout, which produces

a rich and warming soup that will ward off any chill. In fact, through much of the 20th Century,

Guinness was thought to have medicinal properties, and in 1929, their first campaign slogan was,

Guinness is Good for You. and later, Guinness Gives You Strength. Once you have French

onion soup made with beer instead of wine, you will never have it any other way! Its that good!

Guinness French Onion Soup


cup butter cubed 4 lbs sweet onions, thinly sliced Salt & pepper to taste 4 cloves garlic, minced 2 bay leaves 1 tbls dried thyme 1 tbls Worcestershire sauce 4 cups beef broth 1 can Guinness Draught beer Circular slices of French bread Small block of Irish White Cheddar Cheese French cooking works in stages in order to maximize flavors and develop certain textures. Step 1: Add butter, onions, salt and pepper to a soup pot, cover with lid, and simmer over Step 2: When onions are soft and translucent, remove lid, add garlic, and caramelize the

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onions. Allow the natural moisture from the onions to evaporate. As this natural water evaporates,

steam is formed and escapes. This process brings out the sugars for the caramelization process. Step 3: When the onions are soft and golden brown, add bay leaves, thyme, Worcestershire, Step 4: When ready to serve, ladle soup into oven-heat resistant bowl, top with French

Continue cooking over medium heat, uncovered, for about 25 minutes.

beef broth, and beer. Simmer for about 45 minutes. The flavors will marry and the soup will thicken.

bread disk and generous amounts of shredded Irish white cheddar cheese. Place soup bowl in

oven and broil, allowing cheese to melt and even drip over the side of the bowl. Be careful when Until next time, Eat, Drink & Be Sherri!

removing the hot soup bowl so as to not burn yourself. Allow to cool slightly, serve, and enjoy!

Sherri
Sherri Gallagher is a New Braunfels personal chef who grew up in Baton Rouge, Louisiana, where she began cooking at the age of 8. Her culinary virtuosity can be experienced at the Regal Ravioli food truck in Austin, (regalraviloi.com), and at various catering functions and local home dinner & cocktail parties. She can be contacted at eatdrinkandbesherri@gmail.com.
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Ice, Ice, Baby
and I sit shivering as I write this. Usually I have to wait for February to complain about global warming, but the weather and the news have afforded me an opportunity, so this is the week. and as real science it can only be disproven hypothesis is somehow flawed. Instead of this kind of thinking, what we The polar vortex is descending from the arctic, by by what? Facts? Evidence? Wait a warming was a bunch of hokum? Im beginning to believe that these global second here. What would prove that global see is the very opposite. Those presenting global warming do it as though it were a theory and not a hypothesis. Evidence found warming theorists arent doing any real from experimentation is used to tweak the formal idea without ever questioning the

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Aside from the possibility of shattering science at all. coldest temperature records across the hypotheses that tell us more about how things work. Since any old fool can look at evidence

The basic idea behind science is to develop underlying set of assumptions. Each new experiment is assumed to have further proven global warming. Even a lack of warming is

country, news of the Akademik Shokalskiy has me once again questioning the premises of global warming. The Akademik Shokalskiy is the Russian ship that became trapped in the ice of the Antarctic on Christmas Eve.

MONDAYS TUESDAY

and develop a hypothesis to explain it, it is not enough to prove that the global warming necessary to use experimentation to weed out useful ideas from those that are not. These hypothesis has some serious flaws to it. This is why ships full of scientists get caught in unexpected ice. No evidence is sufficient to dissuade them of their belief. The truth of the matter is that I am reasonably

WEDNESDAY

The climate scientists aboard thereby gave experiments are actual designed (or should climate deniers and English teachers the best of possible Christmas presents: an icily clear example of irony. Ive taught English before, and there is little more difficult that trying to explain to situational irony to a room full of vacuouseyed teenagers. Ive learned from experience that youd better come with examples, lots be) to disprove the hypothesis in question. So, when a warming trend appears in

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the data over the 10,000 years or so, the sure that the world has been warming for first thing to do is question the data. At the roughly the last 10,000 years. Unfortunately, moment, what I see tells me that there is there has been so much bad science done warming, but I need to have some certainty with regard to global warming that we really about that. What other things might cause this same data? Just how accurate are these should start all the way at the beginning. First, show that there is warming. Then, show that warming is man-made. Then develop models to

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of them, and good ones too. What could be measurements? None of this is designed to

better than this? A group of climate scientists be argumentative; its a matter of trying to suggest future climate. Finally, move on. If you travel to Antarctica in order to collect global warming data, including data on the paucity of sea ice. Unfortunately, they become disprove the hypothesis: the temperature is are a scientist studying climate, please avoid warming over the last 10,000 years. Now, Ive heard a lot about global activism; it speaks against your impartiality. In fairness, I should make clear that

trapped in the very ice they expected not warming over the last 20 years, but I never much of what I describe above is how the to be there, and it requires several rescue seem to see experiments designed to disprove media presents and interprets scientific attempts and who knows how much fossil this warming. I have seen any number of experiments. That does not give a free pass fuel to save them from a frigid death on our warming planet. Delicious. I should point out that I understand that studies designed to explain twists of data that to good scientists studying climate, though. dont fit the warming trend, but I dont think I have seen any that go out of their way to show When the media or colleagues distort the true state of understanding in a field, it is the responsibility of the rest of those working in the field to set the record straight and chastise their colleagues. It may seem unfair, but the current state of things is damaging sciences reputation as a whole.

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this in no way disproves global warming. I that warming is not happening at all. am also well aware that even the most frigid What I would like to see is a clear-cut of winter weather doesnt disprove global experiment that is based on disproving this warming. (I do sometimes wonder why warming trend. The experiment should be summer heat waves do, though.) The study of designed like this. Since I hypothesize that global warming, or what is now called climate there has been a warming trend over the last change because the whole warming thing 10,000 years, I will do X because if the results seems to have stopped, is about real science, TXCITIZEN.COM are anything other than Y, I know that my

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