An Open Letter To Ken Amundson, Editor Loveland Reporter-Herald

February 16th, 2010

We received a number of email complaints at LovelandPolitics about your editorial yesterday entitled “Partisanship has no place in our local government.” I must confess, however, that I agreed with most of what you wrote. I also prefer the days when Loveland candidates ran on only Loveland issues and would applaud any effort to return to pools, parks and potholes as the issues being discussed.

The irony is the candidate you endorsed, Donna Rice, is the one who introduced partisan politics into the Ward 1 city council race and is accusing her opponent, John Case, of being some sort of Manchurian candidate supported by mysterious outside interests.

Rice is running a campaign using partisan associations to catapult herself into local office through irresponsible fear mongering about an outsider “green conspiracy” taking over Loveland.

As a lifelong Republican, I know from many friends who were contacted early by Rice that she introduced herself as THE Republican Party candidate for Ward 1. That being said, I am also aware of some local Democrats supporting John Case but unlike Rice he truly is a local guy who I have only heard talk about local issues. What I know is the Rice supporters favored a 1% regional sales tax (RTA), lodging tax and now want an internet sales tax for Loveland. They are not your father’s fiscal conservatives nor is Rice who defends the $113 million of public debt created, in-part, for McWhinney’s now foreclosed shopping center.

Of the two candidates, a majority of Rice’s campaign funds come from sources outside Loveland while Case has only 12.5% of contributions from outside the community. Rice has maintained a residence in Wyoming and walks too close to the ethics line (when implying her work experience is in Colorado when it was not.)

Rice is certainly throwing stones from a glass house as Case raised his family in Loveland where he has resided continuously for the past 18 years. Case’s only political activity I am aware of was in local races while Rice has a long history of activism in statewide political party organizations. Rice, a longtime proponent of gay marriage and abortion within the Republican Party, has been fighting against anyone dubbed a “conservative” from holding a leadership position. I don’t know what abortion or gay marriage has to do with pools, parks or potholes but you appear to find her credentials as a squishy Republican important to serving on city council.

Now Rice wants us terrible and “wacky” conservatives to vote for her simply because she is a Republican. She doesn’t favor issues important to Ward 1 voters like Mahaffey Park which she said should be postponed indefinitely. So the partisan appeal by a divisive partisan Republican insider seems to be the antithesis of what you said you want for Loveland politics in yesterday’s editorial.

Rice’s apparently false accusations about Case having ties to a particular environmental group go unaddressed by your paper which I find troubling. This leaves Loveland voters without the benefit of the unofficial fourth branch of government (an independent press) willing to objectively investigate and report facts regarding outrageous claims made by candidates during political campaigns.

The hypocrisy I find intolerable is when influential people in town who support Rice pretend to want a diverse field of qualified candidates. Then they go privately about the dirty business of intimidating, coercing and discrediting those same candidates in hopes that they will drop-out of the race. Where is your reporting on those despicable activities on behalf of Donna Rice?

I believe Loveland has three better choices for council in Ward 1 than in previous elections despite Rice’s introduction of partisan rancor.

The tireless efforts of some groups in town you favor to manipulate the voters’ choices were successful in the past thus leaving many seats uncontested by design. Council elections are nonpartisan and should be open to any qualified citizen who wants to test their views on local issues through the public process.

Unfortunately, your coverage appears to many as limited by the “who” you know approach thus denying fair coverage for people like Rob Molloy who has unparalleled qualifications to serve on city council given his impressive history as a planning commissioner and zoning board adjuster. Adam Koniecki, who has made an admirable effort at being elected in the last race, addressed more local issue in the last candidate forum than did Rice.

I just wish you would use your position as the Editor of Loveland’s daily newspaper to encourage the end you say you want most in your editorial.

If you really want vigorous debate on local issues and less partisanship in local raises than you have to show the courage of an independent local press. Report the backroom deals the Loveland Chamber of Commerce and McWhinney try to create to limit our choices in qualified candidates for city council. Don’t be afraid to endorse candidates from either party based on their stand on local issues they will be able to affect in office; pools, parks and potholes.

Sincerely

L. Weston

vNET Subsidy: Did City Lose $1 Million?

February 11th, 2010

In March of 2008 the Loveland City Council approved a cash subsidy for Bill Beierwaltes’ privately owned limited liability company (LLC) called vNET in Loveland.

The agreement Beierwaltes signed with the City of Loveland in exchange for the nearly $1 million of “business incentive” was to increase the number of employees working at his company in Loveland from 90 to 250 by December of 2012. The Loveland Reporter-Herald skewed then Councilman Gutierrez and Councilman Kent Solt in an editorial after the meeting in 2008 for questioning the agreement that was certain to bring jobs to Loveland.

Instead, the agreement serves as an example of why local city officials should not be trying to play venture capitalist with other people’s money. Within 8 months after receiving the subsidy, Beierwaltes laid-off about 1/3 of his 90 employees and eventually closed the business by September of 2009. Two months later he sold the business but has kept the Limited Liability Company actively registered with the Colorado Secretary of State. see story on LovlendPolitics

The problem is the city’s agreement is with the LLC Beierwaltes and his wife own that has no assets. Instead, the new company vNet Corp. is enjoying the benefits of the city paid improvements but has no legal obligation to pay any money to the city because it is a separate legal entity.

The good news is that Beiewaltes did provide a personal guarantee to the city at the insistence of those “anti-jobs” councilmen Gutierrez and Solt that the Reporter Herald vilified for trying to be responsible with taxpayer funds. Despite public statements to repay what he owes the city, Beierwaltes hasn’t returned even one thin dime. This by a man whose reported net worth is in order of magnitude greater than the paltry $500,000 the agreement requires he pay back if he couldn’t bring the 250 jobs to Loveland.

Perhaps vNet will be like the decision on the Mayor Pro Tem – on hold until the 9th councilor is elected. Donna Rice stated at the recent candidate forum that she wants to continue the city’s successful model of providing business incentives to bring jobs to this community.

Really?

Koniecki Offered Deal To Abandon Council Run

February 11th, 2010

Loveland City employee Tim Hedgespeth offered an endorsement by Donna Rice for her rival candidate for Loveland City Council should he step aside and run in 4 years when her term expires if elected.
Read the LovelandPolitics story and the emails

“Should you choose to withdraw and throw your support behind Donna, you could really display maturity, civic concern and wisdom. Not to mention the support of Rice backers in the future. She has already said she would back you in the next election if you would [not] run. I do not mean to offend you and I know your heart is in the right place…”

Hedgespeth is now the third Rice supporter who has approached a rival of Rice to encourage them to throw their support behind Rice and back-out of the race – appearing to speak for Rice. What makes this offer different, and possibly illegal, is that Hedgespeth is attempting to persuade the candidate to abandon his race in exchange for a reward in the future; Rice stepping down in 4 years and endorsing Koniecki.

Below is the Colorado State law that unambiguously prohibits inducements to candidates for public office to withdraw from a race in exchange for something of value.


1-45-115. Encouraging withdrawal from campaign prohibited.
No person shall offer or give any candidate or candidate committee any money or any other thing of value for the purpose of encouraging the withdrawal of the candidate’s candidacy, nor shall any candidate offer to withdraw a candidacy in return for money or any other thing of value.

Majority of Candidate’s Funds Coming From Outside Loveland

February 9th, 2010

Ward 1 candidate Donna Rice has repeatedly told voters along with LovelandPolitics and the Loveland Reporter-Herald that she was motivated to run for Loveland City Council after noticing some contributions from Ft. Collins Councilmembers during Loveland’s municipal election last November. see our story

It is odd than to see she is herself running some kind of city record after reporting today total contributions of $3,899 mostly from outside sources. Rice’s campaign reported raising $2,225 outside Loveland and only $1,624 from contributors inside Loveland. 24 contributions come from cities outside Loveland while only 21 come from sources inside Loveland. One contribution of $250 from a Windsor resident was reported as returned.

For the record, Loveland voters have a good selection of candidates for City Council this time in Ward 1. Donna Rice is articulate, seemingly sincere and certainly no hay seed like the other “old guard” candidates normally propped-up by McWhinney. The other candidates (Rob Molloy, John Case & Adam Koniecki) all have long histories in Loveland and don’t appear to be supported by any organized effort outside Loveland.

Rice also took money from former Ft. Collins Councilman and congressional candidate Diggs Brown. This would also appear contradictory since she has continuously denounced a member of Loveland’s council (not anyone running in this race) for taking a contribution from a member of the Ft. Collins City Council.

Any thoughts to the candidates and their chances or winning?

Who will you be supporting?

McWhinney Tries To Wiggle Out Of Aspen Knolls Commitment

February 5th, 2010

Despite the high water tables, expansive soils, lack of local utilities and lack of surrounding transportation infrastructure, KB Homes tried to build a project in south Loveland named Aspen Knolls.

Loveland’s City Council even approved the use of eminent domain back in 2004 and forced nearby property owners to give-up land so those road improvements could be made to accommodate the development. The owners, facing eminent domain, instead agreed to terms with KB Homes in 2004.

In 2006, as KB Homes was defending a lawsuit in Loveland on another development and preparing to leave the state, McWhinney bought Aspen Knolls at a bargain $3 million — along with the commitments to improve the roads etc…

McWhinney tried to “down” zone the property and get the water shares that go with the property back from the city (they went into the city’s “water bank” when the development was approved) valued at $4 million. One nearby property owner, Hein Family Trust, tired of the broken promises over the road improvements and sued McWhinney to enforce thair agreement signed with KB Homes back in 2004. You will need to read the story here for all the details.

We apologize for the long story but please take the time to read it if you can. It is interesting that McWhinney was trying to strip the land of the water shares and leave it underdeveloped in south-west Loveland. Hardly the image they try to promote with their public relations.

Taking some 300 to 400 approved new units of housing in Loveland out of the local economy is hardly the action of a “pro-growth” bunch looking to improve the community through new projects.

Look carefully and you will see it is really just about the money. They look for the quickest way to profit and move-on. That isn’t always in the long-term interest of our community.

Rogue City Manager: Imposes Sanctions Against Loveland Family

February 1st, 2010

The Loveland Police Department is again without an indoor firing range because City Manager Don Williams is using city resources to settle a personal score. Angered by complaints and eventually a lawsuit against the city for unfair practices when dealing with developers – Williams is determined to financially ruin the complainers (the Klen family) and appears ready to use any city resource to do it.

Last summer Williams ordered the city police out of a private indoor shooting range (see story) they used for state mandated firearms training when he discovered the building owners, Steve and Ed Klen, were taking an active role in managing the range. Now the police must use an outdoor range in the county owned by the city that is plagued by controversy and problems not to mention weather.

The recent public access to the deposition of Williams in a lawsuit regarding another matter appears to confirm our suspicions that Williams is out of control. Williams admits he reversed a council decision to use the range because he wants to deny the owners any economic benefit which raises a legal question as to whether a city can legally impose economic sanctions against a family? Is it legal for a city to attempt to ruin a particular family financially in retaliation for complaints made about the city staff?

It also raises the question of where is the city council in all this and doesn’t such a broad city policy such as economic sanctions against a family require city council approval?

Below is an excerpt from the deposition of Loveland City Manager Don Williams;


4 Did you tell Mr. Cooper at some point that — and
5 I’ll quote what I understand to have been said — that you
6 would be damned if you’d allow your officers to train there
7 while the Klens were involved?

8 A, Words to that effect. I didn’t tell Mr. Cooper.
9 I told Chief Hecker. He may have told Mr. Cooper.
10 Q. And did you also say that there is no way I will
11 contribute to the Klen’s financial gain to mount a campaign
12 against me?
13 A. Yeah, I am not going to provide revenue to
14 somebody that’s using it to sue me, no.
15 Q. So you did say that?
16 A. Yeah. I don’t know any businessman that would*
17 Q. So you weren’t discussing the city, you were
18 discussing you?
19 A. No, I was discussing the city.
20 Q. But both times you referred to me?
21 A. I do that a lot.
22 Q. So at this point though the City of Loveland
23 isn’t permitted to enter into a contract with the Front
24 Range Gun Club?

Council Annual Retreat

January 20th, 2010

If you have any comments about the Loveland City Council’s annual retreat you can post them here.

The story is linked here for you to read.

Klassen’s 2010 Agenda – Muzzle Taxpayer’s & Raise Taxes

January 10th, 2010

Memory can fade at 75 years of age but we don’t believe Councilman Daryle Klassen’s recent assault on city taxpayers in contradiction to his campaign rhetoric was due to any memory loss.

Four of the five agenda items he submitted for the city council’s annual retreat (scheduled for Jan. 15 & 16) involve either raising taxes on Loveland residents or muzzling their voices. Read the story

His first goal for 2010, taxing internet purchases on residents in Loveland also received support from newly elected Councilman Hugh McKean at first who has already earned the reputation of appearing to enjoy the sound of his own voice. Unable to make a coherent statement either for or against the proposal but unwilling to be silent, McKean announced he was in favor but also half against the internet sales tax idea during a December council meeting.

Only Councilman Kent Solt stated he was not in favor of the new tax proposal during the meeting.

Klassen’s agenda items eerily reflects the McWhinneycrat agenda for a stripmall developing retailer driven Loveland government and mimick the anti-resident rhetoric emanating from Loveland’s coin operated Chamber of Commerce. This is the same Chamber of Commerce that claims to be privately funded while operating out of a building erected from taxpayer subsidies and whose manicured lawns are maintained by Loveland taxpayers under the farce the chamber grounds are a “public park.”

Here are four of Klassen’s five contributions for Loveland in 2010;

1. Create a sales tax on internet purchases by any resident of Loveland
2. Restrict public comments at study sessions while allowing only special interests to speak
3. Shift property tax burdens from commercial to residential property owners
4. Direct staff to ignore “complainers” when they feel the issue was already decided (does that need council direction?)

Klassen, a self-described “conservative Republican,” has not proposed any budget cuts, tax cuts for residents, relaxing any regulation on business or greater access or transparency for citizens to the governmental process. In a nutshell, Klassen’s retreat agenda is the antithesis of everything he campaigned on and demonstrates a genuine mistrust not for government but instead his constituents.

Klassen’s December 12, 2009 email to his colleagues is the “let them eat cake” revelation of just how out of touch some local Republicans can become after being elected.

We believe the current McWhinneycrat candidate for Ward 1, Donna Rice (aka Donna McCrea), represents the same dishonest bait and switch back room political tactics of riding on a Republican label while only representing a narrow special interest. These insincere candidates terribly degrade the public’s trust in their elected officials and contribute to the apathy that allows them to get away with such brazen acts of voter betrayal.

What is your opinion?

Four Enter Race For Ward 1

December 21st, 2009

Loveland special election begins in earnest today as four candidates have returned their petitions and been certified by the city clerk to be placed on the special mail-in ballot.

Read the in-depth LovelandPolitics story on the candidates (Donna Rice, Rob Molloy, Adam Koniecki and John Case) by clicking here.

We strongly disagree with former councilman and failed mayoral candidate David Clark’s tactic of trying to pressure people out of the race to artificially limit the number of choices Loveland voters will have in the election. These tactics need to be denounced in Loveland and candidates who endorse them called out into the open.

All four of the candidates appear qualified and interested in the seat. Please take a minute to read the story and post your comments here.

Thanks

Johnson’s Morning After Email – Klen vs. City of Loveland

December 20th, 2009

Loveland’s city hall was buzzing last week in reaction to an email sent out by Councilwoman Johnson that appears to be;

1. A violation of Colorado’s open meetings law
2. An unauthorized disclosure of a closed session meeting discussion
3. A waiver of the city’s right to Tuesday’s privileged attorney-client communication thus opening the door for the plaintiffs to review any tape recording of the meeting

Johnson, an attorney by training, is trying to lawyer the city’s defense in Klen vs. the City of Loveland by herself and all while frustrating the efforts of the outside counsel, John Duval (City Attorney) and Don Williams. We do agree, however, with Johnson’s conclusions.

The city should settle the case now to cut their losses and REMOVE staff responsible for any illegal conduct that may have occurred resulting in the costly litigation.

City Manager Don Williams has been promoting a tactic of running the plaintiffs out of money by filing lots of summary motions while also allegedly blacklisting the developers from doing any business in Loveland even on property they already own.

Unfortunately, the high cost of William’s strategy means now over $200,000 has been spent by Loveland tax payers on this case that hasn’t even gone to trial yet. So we agree with Johnson’s conclusions to settle the case but certainly not her blunders in trying to find support from her colleagues to do it over a public email system.

As a Loveland taxpayer, you are paying for William’s expensive defense team strategy but will also pay any damages if the city goes to trial. What are your thoughts?