Wednesday, August 22, 2007

Potential or Pending Lawsuit Against EPURA?

Rumors are flying about a potential lawsuit against EPURA. The speculation is that citizens have been looking at the charter for EPURA and have significant questions about their financial dealings with the Town. It seems that EPURA, approved to assist businesses and business development after the Lawn Lake flood, have (as pointed out by the Estesparkian) spent money on non-business developments and on strictly improvements that the Town wished to make. They’ve used money to pay Town employee salaries and, rumor has it, for personal gain for some employees.

Remember, business development doesn’t include sidewalks, trails or money spent on the visitor center. In fact, that has now been conclusively shown to have been an illegal venture by the Town, and the Town and some individual trustees or former trustees may be facing penalties.

It appears that the Chamber victory against the Town has given confidence to the group of citizens that they may take a lawsuit forward.

As to the renewing of EPURA, it would be a sad day to renew the authority with the type of misuse that has occurred. Planning arm of the Town? No, and they never were chartered for that function. Giving more money to this Town government would be inconceivable.

Monday, August 13, 2007

Subliminal Stupidity Perhaps

This whole advertising/marketing/breaking the law for the community good drama, is an important issue and has our radar scanning beyond the documents that we keep receiving via email. Keep those cards and letters coming of course, but the ones we are getting primarily concern the town and the operation of the Chamber. Seems some town staff still have it in for Chambers in general, which we find intriguing in a small town kind of way. We are finding some of this stuff idiotic, like individuals were active Chamber members, gave away or took Chamber assets and then went to work for the town. The Town was a member of the Chamber - they were active members of committees and created utter chaos for the Chamber as committee members. We even received a letter from the mayor to the Chamber board demanding information about legal strategies as a Chamber member, stupid stuff.

The political implications are complex in a sophomoric kind of way.

Peaking our Estes Parkian curiosity is the over all dynamics of the community. How did this community get so squirrelly? Is it something in the air, endemic to town hall like Legionnaires disease on a cruse ship or is this a community wide phenomenon effecting both the width and depth of this valley? Subliminal stupidity perhaps?

Small town politics can be so blatantly corrupt that it is a euphemism for corruption in America . As in “small town politics - oh brother don’t you just hate it?” But this vale of shame over small town politics is somewhat deserved, we have all heard stories of small towns where mayors and town trustees’ kids get away with stuff because their dads were elected to office. Kind of a get out of a jail free card , or even better one can always arrange for your son to run the night shift at the water plant. I mean after all what are the perks for community service, right?

It’s the look the other way mentality that keeps the conveyor moving. I do believe that there is a naiveté factor involved, but there are those that purposely know better and are predators, wolves in sheep’s clothing. Those are the ones we intend to ferret out. Some one is making money during this chaos, someone always is. This is another consequence of small town living, it’s a fish bowl for everyone, even the wolves.

The Chamber has a big legal bill over this lawful/ unlawful war. Who has benefited someone benefited? Out of town accommodations businesses made money or saved money so why are they not contributing? Why are they hanging back like scared children? The first part of the law suit that was won by the Chamber was concerning an illegal 2% income tax on out of town businesses for access to potential customers. That amounts to a lot of money every year, 2% of gross. Subliminal stupidity perhaps?

Besides your town leaders propensity to ignore the Laws of the State of Colorado (the lack of indignation in the community is a mystery). The politics are equally as baffling.

Some political questions we should all ponder:

Why don’t the town’s people want to handle their own town government?
Are we all demented old retired people that don’t give a shit? The Town threw a 90th birthday party for the town and no one showed up.

Why are we the only town in the United States that doesn’t know the difference between what is a businesses function and governments function? Didn’t work for Russian, did it?

Where are the businesses leaders?

Who is making money, because someone is?
.
This whole Chamber of Commerce verses the Town issue; the town’s staff short comings, weirdness, inadequacies, the trustees’ dishonesty, are all established fact - ho hum, what’s new?

Where are the business leaders? Pull up any Chamber of Commerce web site of any community, large or small, rural or urban, resort or industrial, in the United States and you will find the business leaders running the Chamber of Commerce. Where are the Bank presidents here in Estes Park? First National Bank just received an award for record deposits in a town of this population level, some obscene amount like 80 million. When the Estes Parkian read this we were shocked! To quote Susan Doylan, 85% of the businesses in this community fail every five years a horrific statistic. The Chamber of Commerce is dead dog broke. Evidently the businesses do not make money, but First National Bank is? What is up with that?

Is the president of First National Bank sharing his magical businesses acumen with the rest of the community in the form of leadership, guidance, sponsorships, Naa, No, Nyet.

Which bank in Estes Park has taken a businesses leadership roll? Who amongst those MBAs help the businesses that drop their money in their coffers? Answer…not one. In this day and age of electronic banking why would a businesses in Estes Park use a local bank that does not support the local businesses?

Is the First National Bank’s secret, you guessed it, town hall deposits. That’s why Randy R. is on the Board of Directors…get it? Does the School district bank there? Does the YMCA bank there? Does the Rotary Club bank there? Does Quota Club bank there? I know a lot of trustees get mortgages there.

Political solution #1: do not bank in Estes Park until those limp wrested backboneless bankers come out of the closet and support the local businesses in a political roll.

What do the Bankers do to help expand the economy here in Estes Park?

Now for the other major political black hole in Estes Park.

The Down Town Business District

Who owns all those buildings (actually we know, do you)? How do they stand on this whole issue? The people that own the buildings in the downtown businesses district, what do they do to support all their tenants? What are the visions of those owners for the future of the businesses community? What do they do to bring customers to the tenants of their buildings?

Rent is due twelve months a year where are the year around customers? There is inadequate parking in the down town businesses district - what are the building owners doing to improve that inadequacy for their tenants? Nothing, Nada, Nyet.

What are the property owners doing to create events, activities, interest, buzz, to bring people to Estes Park businesses? Nothing, but they do cash the rent checks; they do expect the property tax % payment and then go off to winter in Tucson.

We have a list of property owners in the downtown businesses district and we have scanned the list of boards, trustees, commissions and the like and you people are not on any of them, why?

The people that built the Mall of America do not leave it up to the tenants to attract people to the mall; neither do they leave it up to a town staff.
You are business people; build a ski area, ice rinks, something, anything.

Why would anyone rent square footage in downtown Estes Park to run a business? The locals will not support you and town hall will make absolutely miserable to just get by. Town Hall keeps raising utility rates, taxes, fines and fees - to the point being ridicules

We at the Estes Parkian suport this political campaign:

Do not start a business here, do not rent retail space here, you will fail.

Do not bank here our banks suck.

Do not advertise your business locally - it is a total waste of your money.

Do not give to any non profit, because you will be a non profit business.

The joke going around town that the only way to make a million dollars in Estes Park is to come to Estes Park with three million - is not funny.

Revealing your weasels, rats and carpet baggers - now that’s funny!


Monday, August 06, 2007

STEWARDS



As we digest the documents that have poured into the Estes Parkian the question of why a small statutory governing body so eagerly ran headlong into an obvious brick wall is unavoidable.

Are the trustees doing what’s best for this community?

The broad stroke of responsibilities and essential services of a town government would dictate a conservative management and balance of priorities. What is the mandate of this community government and within that mandate what activities and services are considered top priority, then second tier, third tier, and so on? Health, safety, creation of community law and the enforcement of those laws, common good kinds of services, and the services citizens cannot provide for themselves.

How did visitor services become the Holy Grail for town hall?

Why Town Hall would be apparently throwing the political baby out with the bath water is a mystery about which we can only speculate. Is their national one of a kind town advertising department experiment worth shooting themselves in the foot for? Evidently so because they loaded the gun themselves and are taking very careful aim at their own big toe. Greg White is leading cheers and giving them legal advice “aim real good at that toe nail and squeeze that trigger boys and girls, this will not hurt one bit I promise, I looked into it.

Are the trustees doing what’s best for this community?

Are we getting the best legal advice this community can afford? What an attorney does is sell you their time and advice. For the uninitiated; attorneys are rated by their own peers for the quality of the advice they render. Greg White is a BV rated attorney. This will not be Greg’s first visit to the Supreme Court of Colorado.

Supreme Court case number 96SA0413
White, Gregory Alan

Attorney Discipline- Failing to Take Steps to Protect Clients Following Order of Administrative Suspension- Public Censure - 1998

The Supreme Court accepted a conditional admission in this lawer discipline case, and publicly censured the respondent and ordered him to comply with certain special conditions. The respondent was administratively suspended from the practice of law in 1996 due to his failure to comply with mandatory continuing legal education requirements. See C.R.C.P. 260.6(10). The respondent admitted that during the period of his administrative suspension, he neglected legal matters by failing to withdraw or to obtain substitute counsel for his clients, or even telling them he had been suspended, in violation of Colo. RCP 1.3 (neglecting a legal matter).


Pondering over Greg Whites resume one would have to ask:

Are the trustees doing what’s best for this community?

When the mayoral appointed CVB board asked Greg White if assessing a 2% fees on out of town motels based on gross sales was legal’ Greg White assured the community he has studied the issues and it was legal.

He was wrong!

When the town trustees received an opinion from George Cerrone Jr.(advisor to the Estes Park Chamber of Commerce) a professor of governmental law at the prestigious University of Denver law school. That funding marketing was a violation of Colorado Law. Greg White assured the entire community that he had looked into it and it was legal, the town trustees commenced to fund the CVB, and proceeded to evict the Chamber of Commerce. Hired staff and funded a new Visitors Center.

He was wrong!

Are the trustees doing what’s best for this community?

Now Greg White has advised the trustees to pay him more money on a fool’s errant at the Supreme Court.

It is easy to predict him to be wrong again.

What next?

Town Hall will be investigated by the district court to the depth of their illegal activities, allowing the courts to move on to the main event which is to determine if your trustees created policy administratively verses legislatively. Sounds boring but when you are in charge of the community chest as stewards you had better know the difference. Your mayor your trustees your town administrator and most importantly your town attorney seem to skip over those important details.


Credibility is everything to a town board, the community’s future and health. When was the last time this community government asked for something through your vote and it was granted (exception; the recall of a trustee).

Leadership seems to be on vacation in Estes Park.

MAYOR doc.


This posting is a copy of a public document sent to us as an attachment, when we posted it doesn’t come out as the original document we received – technical stuff.
The document we received has the official Town of Estes Park letterhead.

Memo

To: Board of Trustees
From: Mayor Baudek
Subject: Chamber Resort Association Negotiations/Relationships
Date: May 12, 2003

Before we take any actions regarding negotiations with the Chamber Resort Association, I ask that we all consider the implications of any actions that we take upon the board, the Chamber Resort Association and the community as a whole. I believe that this issue may well become a watershed issue for the town.

One basic and critical question that we must answer is, do we want to run the Chamber Resort Association here in Estes Park? Do we want to operate and pay for the services that they presently provide and possible additional future functions that the town or community might want us to provide in our new role, and I might add additional role as “The Chamber.”

I believe that t is in our best interest as well as that of the entire community to work with the Chamber to reach an agreement on the telephone contract that we have been negotiating with the Chamber and do not attempt to take over their function, responsibilities and operations.

Too many in our community already have a feeling that the town controls too much of the chamber. I do believe that this perception is accurate, however as the saying goes perception is the truth. These actions would only reinforce these believes.

It is almost certain that if we implement the recommendations or should I say the demands that we have given the Chamber which goes well beyond the simple telephone contract that if they accepted them the Chamber would very shortly cease to function as members would drop out of a “town controlled chamber.”

If the town does in fact take over the chamber do you see the board finding additional funds to operate the chamber? What present programs would you see these funds coming from? If the present volunteers (ambassadors) decide that they will not give their services to the town are we then going to hire employees to operate the center?

I can tell you that staff is very concerned as they then have the day to day responsibility of insuring that the chamber functions as it should. I think that there are better ways of keeping our relationship positive while insuring the we receive services for monies that we contract for with the chamber.

We are not in a crisis. The Chamber is perfoffiling (spelling incorrect) their function as contracted with the town and will continue to do so until a new contract is resolved. We still have time before the June 4th Town Board Work session. Let’s use this time to consider the implications of what we want to do or not do as it relates to the Chamber. Whatever we collectively deside, as I stated before, may well have long term implications for the Town of Estes Park. Let collectively look at what strategies’ we want to use and discuss them at the meeting.

JB/rv