Eye On Englewood

Link: http://www.englewoodcitizens.org

Amendment 61 would place severe restriction on governmental agencies borrowing money and would basically eliminate the ability to purchase large items through a lease-purchase agreement. It would encourage business owners to do Colorado business, and government agents to keep Colorado trust, do their duty, and very little else.

TABOR placed severe restrictions on governments to engage in any contract for goods that causes future governors to be yolked to the debt. But in Englewood, governors have disregarded TABOR, and I'm sure like other municipalities, are finding ways to bundle services with goods, or simply failing to notify the people of the right to vote on important contracts. You can read City Council's contract this Summer with the reprehensible BP (gulf oil spill company)also known as Ameresco for the Solar goods, maintenance, and higher energy costs for Englewood over the next 20 years.

Violations for ignoring the law have been shrugged off. So what? Judges tend to say. If a home rule entity wishes to indenture future generations, who are we to interfere?

So, frustrations of those denied recourse in the courts and being depleted of resources by trusted servants have now won the right to petition you because they had legs enough to walk and presence enough collect the signatures, which is a feat in itself, to put ballot 61 into play.

Where is the teeth to Proposition 61? It requires the same kind of oversight accountability for governors that is required of CEOs and CFOs. It requires that tax rates raised for the specific item say, the production of government services or buildings or roads, must then be reduced after the projects are paid for. Presently, the system is that once the funds are raised, the expiration date of the tax is simply ignored, and Coloradoans keep paying, but the money gets filtered off to new projects.

61 tells government that people do not want to be sold "a temporary war time tax" yet be forced to pay into it indefinitely. This proposition requires a "truth and lending" element to the practice of raising taxes by requiring that the tax ceases when the museum or transportation system is built.

If governors have a pet project, they can no longer fund it under the table, but must deliberate it thoroughly and present it for a vote through a blue book type disclosure of all the angles.

Another thing this idea does is stop allowing Englewood to say it is raising bonds necessary for schools buildings while depleting the school fund for filtering money to private developments of say,...um... let me think... oh,... City Center...yes, case in point. Now, I loathe City Center's empty storefronts, but I loathe empty-eyed kids more.

Knowing how to budget your own money is a trick, but at least the spending stops with one household. Compare that to the State of Colorado which now owes 17 billion in debt it didn't ask you for permission to obtain. And for what, you ask? Have your parks,roadways, business district or utilities improved? Colorado is presently doing business like a banker or entrepreneur, taking much needed commerce and control out of the private sector.

Amendment 61 changes the present terms of State funding to public universities which have been secretly filtered to certain universities without voter approval. No longer will the State of Colorado be the lender for select home buyers, businesses, ranchers and farmers. And, the biggest impact will be on the all powerful water districts which continue to "improve" without voter approval under the table, and then ask for higher fees.

Amendment 61 is a six pack of muscle back to the people. Vote Yes.

Link: http://englewoodcitizens.org/

On Monday June 21,2010, the Englewood city council voted to purchase electricity from Ameresco, an energy audit company. The company would install solar panels and would own them, and the city would buy the electricity. But the contract terms show the City has also purchased the solar equipment from Ameresco. The term of the contract is 20 years with a 10 year option. The price is a little higher than current Xcel prices. The anticipated cost to the city the first year is $39,000. There is a 2% increase built in each year for the 20 years for a total cost projected $1,051,000. The City bidded a contract with Ameresco for the energy audit only, not for the services and product which came out of the audit.

Concerned citizens, moved by Mr. Douglas Cohn, have requested the District Attorney's office look into two apparent violations of law, and one ethical violation of attorney/client representation that occurred when the City of Englewood signed the contract with Ameresco.

1. In the Englewood City Charter, chapter 113, there is a requirement that all contracts over $25,000 must have at least 3 bids. There was only one.

113. Competitive bidding.

Before the purchasing officer makes any purchase of supplies, materials or equipment, in excess of $25,000 or as prescribed by ordinance, he shall give ample opportunity for sealed competitive bidding, with such general exceptions as the Council may prescribe by ordinance. Council shall not exempt any individual contract, purchase or sale from the requirement of competitive bidding. No officer, appointee or employee of the City shall be financially interested, directly or indirectly, in the sale of any land, materials, supplies, or services to the City, except in case of purchases submitted to competitive bidding or not exceeding an aggregate of $100.00 in any one year. The lowest and best bid shall be accepted or all bids will be rejected. If the lowest bid is not accepted as being the best, such rejection must be approved by Council. Provisions in this Section shall not apply to professional or technical services, or services of regulated public utilities. All invitations to bid shall require bidders to meet the requirements of State Statutes regarding preference of State products.(Amended 3-24-1981; 11-3-1987; 11-6-2001)

Englewood has not "deBruced" this element.

2. In Colorado's TABOR (tax payers bill of rights), a requirement that all multi-year contracts must be completely funded by the signers at the time of the contract, or one year contracts with extensions can be signed is mandatory. Elected bodies must not sign long term contracts which bind future members of that body.

In this case, the city chose the one-year option with extensions. However, the deception is built in: The contract lists a hefty penalty for withdrawal or cancellation at any time within 20 years. The penalty at the end of the first year is $1,051,000; the second year is 19/20% of that number; etc. These terms do not sound like a one year contract.

The ethical problem comes about because of secrecy. The addenda labeled D1,D2,D3,D4 details the termination costs. But there was considerable difficulty in obtaining these exhibits attached to the Ameresco contract. The notes were not included in the version of the contract the City posted on its web site. They were not included with the library's copy of the upcoming agenda proposals or contents of the meeting. And, there was no hearing. Someone had to search Englewood's website for them under "confidential".

This seems not only to be a clear violation of TABOR, and the City Charter, but also a clear violation of an Attorney/client's right to full disclosure and publication process prior to the Englewood City Council's vote.

When the non-disclosure of these pertinent documents was brought to City Attorney Daniel Brotzman's attention, his only response was, "Opps! Someone went wild with the confidential stamp!"

Sometimes, Cities are immune from liability when a mistake happens. In this case, however, because the vote was rushed and was taken without the constitutional requirement for multiple bids and the City's right to full disclosure, the full weight of the malfeasance lays on City Attorney Brotzman's shoulders. His duty was to defend the City, not play dirty.

Mr. Cohn was incensed by yet another secretive vote that depletes his own wallet. Because this is a type of robbery, Cohn filed a police report with the Englewood police department on July 23, 2010. A copy of the police report was included on "council newsletter 7-29-10", which is a private informational letter that is not made public in the library packets to concerned citizens. City Council stated in Study Session that the matter would not be discussed. The next step was to contact the District Attorney's office when the Englewood Police failed to act.

Charges against Brotzman's license may include extortion since he, as a paid employee, negotiated Ameresco's deal with the City by offering a deal to the people without disclosing the twenty year costs and penalties.

"Opps!" is right. "Someone went overboard with the confidential stamp."

Link: http://www.eyeonenglewood.com

It takes green to make green. That is the theme of the latest Englewood's heated discussion and vote; Five to two, in favor of a flimsy lie. District 4 Gillit and District 1, Jefferson opposed. Englewood, however, was rushed. Englewood citizens are now indebted to pay Ameresco, a green solar company, for the next 20 years on a lease of solar equipment and a $1.00 purchase at the end of it (outdated and worthless by that time).

Does Englewood get the benefit of the energy credits from Xcel? No. Ameresco as the provider and installer does.

It was "sold" to the City by the promise of 1.3 million in qualified Energy Performance Bonds (QECB-) from the Government Energy Office (GEO) to benefit the City's lease-purchase through savings of $400,000 over the life of the term. Ameresco provides their own annual measurements and verifications of energy savings. Sound anything like BP's arrangement with Halliburton and the U.S. Government to audit themselves?

Local chemist, Robert Cassidy believes so. He suggested, "Put a meter on the inverter. Numbers do not lie. No Ameresco measurement work is required for the sale of the equipment."

The deal is that Ameresco owns the panels until they are completely depreciated, but have been paid for many times over by the "lease" of them through Englewood taxpayers. Ameresco is only responsible for the panels by warranty, not for the bridge device. The average life of the bridge device is five to ten years, but Englewood will purchase that part in the deal, and can simply reinvest in a new one when it begins to fail.

Ameresco designs, builds, operates, maintains the system and will sell the output to the City of Englewood under the Power Purchase Agreement (PPA).

Call it what you will, it sure seems like this is the kind of shady deal, green or no green, that TABOR intended to protect the citizens from under Colorado Constitution, Art 10, section 20(4)(b).

On Monday night, June 21, 2010, Mayor Woodward, broke form outside his normal glibness, and became stealthily defensive when he claimed that nobody in Englewood cares enough about the budget to show up when there is the annual budget hearing. He then chastises the the individual who brought her concerns to council and calls her ignorant or an outright liar, twice. She is so offended she leaves the Council Chambers. Gee Whiz, Mayor Woodward! No wonder people don't care to express an opinion. District Representative Gillit said as much.

In the audience, a member of the Concerned Citizens group retorted, "You should publish it in the Englewood Citizen so that every household would automatically know about it and not have to pay for a notice."

Concerning the Breckenridge vacation that City Council is going on, City Attorney Brotzman bragged that he was going early to play golf. This was the first anyone had heard that several staff members were also asked and trips underwritten to attend the League of Cities vacation, not within the City's 2010 budget.

With the City Attorney being treated like the City's playboy, no wonder he missed reading the City Charter regarding the green expenditures and multi-year lease.

Link: http://www.EyeOnEnglewood.com

As we move into the solar energy age,the City of Englewood is faced with many choices, some of which are being watched closely by the City of Lakewood. Unfortunately, the Englewood City Council has narrowed all this down to just one choice: Should they or shouldn't they accept an offer from a company named AMERESCO for a 25 year commitment to solar panels.

A company named AMERESCO has offered to do an energy audit of the municipal buildings if the City will commit to a 25 year contract for solar panels.

The City rents the main building known as 1000 Englewood Parkway. The Service Center is surrounded by tall trees that would require being chopped down in order to use the panels and the Recreation Center already has windows surrounding the South facing direction for optimum heat absorption between the prime sunshine hours between 10:00 a.m. and 2:00 pm, four hours per day.

How do the citizens of Englewood know that they will receive the latest, best equipment from AMERESCO? Is it last year's technology? Will it be outdated next year, and taxes be locked in to supporting the equipment for another 25 years?

I remember when health clubs would "hard sell" a 10 year membership to young men and women. Unsuspecting people rarely realized how their lives and movements would change, or how health technology and the companies would change or evaporate into thin air in a mere ten years. Then, think about solar and wind energy being on the move today!

The City is committed by Charter to offer competitive bidding. Belmar Green is a vested developer of green energy and Englewood would do well to pay attention to the choices they are making. One contractor, (anonymous) who often works with the City of Englewood is surprised to learn that there are no public offerings on the table so that he could make a bid himself on helping the City into the green age. An obvious competitor might be Namaste Solar.

Why not turn the tables and offer Englewood to AMERESCO or another company as a green study in exchange for free technology? Certainly, the early technology would warrant this kind of offer from a city the size of Englewood.

What will it cost Englewood in the end to repair the roof damage or to maintain the holes in the roof or to take down the obsolete equipment?

Solar energy is not simply used for heating and lighting, but in the case of Englewood, also for air conditioning.

Energy employees at the City of Denver were asked by a source named, "Mitch" how they keep the Capitol cool in the summer without air conditioning. They stated that ventilation is a key often overlooked by consumers. They also suggested the City buildings turn off the hot water during the summer months since bathing is not an issue in commercial buildings.

On the other side of the coin, how would solar panels impact the heating bills? AMERESCO proposes a 10,000 watt or 1% decrease in the monthly bills. This is nowhere near what wind energy could provide or geothermal energy.

Certainly, an updated generator grid would be an option for Englewood since it is the flow of the distributive power being generated that actually effects costs. Until the flow of energy is changed to disburse the energy from its source to its destination, it doesn't matter if every business in America has solar. It is the shortest route that brings the costs of energy down.

Concerned Citizens in Englewood (ECOG) assert that the City can save more money by changing the light bulbs in the building to energy efficient ones, and upgrading insulation or even triple paning the windows before trying out solar panels on a 25 year locked in commitment to AMERESCO.

Jimany Christmas, Batman! It's the Joker offering the Mayor a City deal of the century! Then again, its the Mayor who had his own home recently fitted with energy panels. And, after all, it's not his own money he's committing for 25 years.