How else can a reasonable person describe it?

Consider the facts established in Eagle County District Court – specifically in Judge Moorhead’s Courtroom:  Defendant found guilty of drunk driving (0.189) and guilty of Vehicular Homicide in the killing of a young man – Lewis Cook III.  David Perzanowski hit and killed Mr. Cook with the car Perzanowski was driving while Perzanowski was legally drunk.  Perzanowski admitted to his crime.

Court records show, it was reported – that this was not David Perzanowski’s first legal offence involving Alcohol.  (2006 – Click Here)

In October, 2011 (Click Here) Perzanowski was sentenced by Judge Moorhead to 4 years in Prison, the minimum sentence for Vehicular Homicide under Colorado law.

As is every criminal defendant’s right – the defendant can file (they did) a motion within 120 days of sentencing, asking the Judge to reconsider his original sentence.

Per their filed motion, Judge Moorhead reconsidered his original ruling last week.

David Perzanowski, will now walk out of Eagle County Jail a free man on Wednesday, February 15th.  Perzanowski sentence reduced to 6 years supervised probation and alcohol treatment.

What is Judge Moorhead’s singular message to Mrs. Susan Cook – the mother of the Victim?

Answer:  Mrs. Cook your son’s life isn’t important.

What is Judge Moorhead’s message to our Community at large?

Answer:  It’s O.K. to have a second alcohol related offense, kill someone while driving drunk and then essentially “walk”.  Your sentence?  Not that much different from the typical sentence for a first time DUI.

District Court Judge Thomas Moorhead is a menace in our Community.

What can a reasonable person do about this?

1 – The family of the victim, Mr. Cook, should file a Grievance against Judge Moorhead immediately.  How is it possible for any Judge to violate mandatory Colorado sentencing guidelines (Click Here) when a defendant is found Guilty?  ECT suggests you call Colorado’s Commission on Judicial Discipline (303.866.6431) and visit their web site – http://www.ColoradoJudicialDiscipline.Com

2 – Judge’s have to be re-elected to retain their seat on the bench.  Save this ECT report and tell you friends it is absolutely essential to vote against Moorhead’s retention the first chance you get!

3 – All donations to any and all local Boards (i.e. non-profits) should stop immediately until Moorhead officially resigns from those Boards or until he is officially relieved of duty by those Boards.  Example:  Moorhead is still listed (online) as a Director for Menconi’s – Snowboard Outreach Society.  (Click Here)

4 – If you have a new civil case filed and got Moorhead as your Judge – drop your case and re-file elsewhere.

5 -  Stay (at all costs) out of Moorhead’s Courtroom.  If you get called for Jury duty in Moorhead’s court, do whatever is legally possible to make sure you don’t have to sit in the same room with this Judge for any reason at any time.

Fact is:   Judge Moorhead is no stranger to Drink Driving having rolled and wrecked a Town of Vail assigned Saab automobile.  On April 2nd 1994 the (then) Town Attorney for the Town of Vail (Tom Moorhead) was arrested and charged with Drunk Driving.  (Click Here)  Did this fact have anything to do with Moorhead changing his mind about his original sentence?  You decide.

The ECT extends our sincere condolences to the family and friends of the victim, Mr. Lewis Cook III.

In a sense District Court Judge Thomas Moorhead has made our entire Community a victim of his personal Miscarriage of Justice.

Your actions are a disgrace,  Thomas Moorhead.

Note:  Comments made to the ECT folks about Judge Moorhead – by both the District Attorney’s office and local Criminal Defense lawyers contributed heavily to this ECT report.

A company called Crown Castle is the largest provider of Cell Phone Towers in the U.S. currently.  (Click Here)  As of 31DEC2010 CC owned, leased or managed ~23,000 cell phone towers.

Crown Castle traditionally leases Antenna space on their towers to (AT&T, Sprint, T-Mobile and Verizon) collectively known as "their customers".  SmartPhone users (Droids, iPhone, Blackberries) are then the customers of the four mentioned Wireless cell phone companies.

In the recent (wildly miss-leading story) printed in the Daily Fishwrap (Click Here) the ECT will point out the FACT that it isn’t the "job" of Crown Castle to put "4G" Wireless (per se) in Vail.  The 4 companies have to pay for their own 4G Antenna’s and 4G radio gear on those CC towers.

In the traditional model, CC provides space for new (as required 4G antenna’s) and Base Transceiver Stations (radios that operate those new 4G Antenna’s) – from those 4 wireless phone companies – on their existing (23,000+) Crown Castle cell phone towers.

While CC could (probably does) contract with a Fiber Optic provider – to run the glass needed to provide the dramatically more Bandwidth 4G wireless would require for 4G service from 4 different competing cell phone companies – the likely hood that all 4 have since signed and committed (in Vail by fall 2012?) to upgrade their Antenna’s/Radios to 4G service in Vail (while maintaining their companies backwards/existing compatibility 2G-3G cell service) is unlikely at best.

Some cell providers hopefully will upgrade in Vail – the ECT folks have been told to expect 4G Vail service from Verizon first, AT&T a likely second…will see if the ECT’s insiders/sources are correct on their prediction, soon enough.  When will all four companies have 4G Wireless Service in Vail is anyone’s guess right now.

If the Vail Town Council is smart – they’ll forget the Attorneys for now and hire a Consulting firm that specializes in negotiating leases with Crown Castle (from the landowners perspective that the cell tower resides on) and get the best deal possible.  Vertical Consultants is such a firm and Mayor Daly would be wise to talk to them first – before signing anything.  (Click Here) to find out why.

Let us all hope that Vail Councilmember Kerry Donovan is not in the room when these discussions take place – it’s abundantly clear from her (alleged) comments printed in the Daily Fishwrap – the woman has no idea – what she is talking about.

Kudus to the Eagle River Fire Protection District this week.

It’s clear that the ERFPD is in the very capable hands of it’s new Chief – Karl Bauer.

This passed week Karl’s team very capably responed to the “lack of fresh water” emergency declared in Red Cliff as well as a vehicle/passenger rescue some 300 feet down a steep slope near the old Gilman mine.

ECT is delighted to report that through excellent traing and the hard work of Karl’s team – situations could have been much worse if these folks weren’t on the job.

Thanks again, Karl and team for your dedication and hard/effective work.

PS – ECT readers interested in “listening in” on the ERFPD Radio voice traffic – you can CLICK ON the ECT’s Radio Scanner link (look for the picture of the scanner) down our right hand margin.  It’s available 7×24.  The ECT monitors all Police, Fire and Resuce as well as on mountain ski operations (in season) on Vail and Beaver Creek mountains.

Location:  Undisclosed – Seal Team 6 – Caribbean Training Ctr.

Mission:  Classified – involves highly technical Land and Sea maneuvers

Refreshments:  An obvious matter of – National Security

- the ECT will be back next week with another Edition of the ECT!

There are 2 Eagle County, Colorado Commissioner seats up for grabs in the November 2012 general election.

Open – District 1 – (outgoing/term limited) Peter Runyon

Open – District 2 – (incumbent must be re-elected to keep his seat)

Not up – District 3 – Sara Fisher retains her set for two more years

Attention Eagle County GOP Caucus Attendees – the Eagle County GOP Caucus is scheduled for Tuesday, February 7th 2012 – 7PM – Battle Mountain High School – in Edwards.  More info (Click Here)

It is an open meeting where Commissioner candidates will meet and speak – HOWEVER you must be a registered GOP voter to vote in the Caucus election.  The Caucus elections will determine the Eagle County GOP preference for the 2012 Presidential race.  Later, at the scheduled EC GOP Assembly (Saturday, March 24th – Eagle County Building) voting will take place to determine if a Republican (County Commissioner) Primary election will be held in August 2012.  Local GOP registered voters should register at the 7FEB Caucus to be eligible to have their vote count for County Commissioner at the GOP County Assembly .

Announced GOP Candidates as of (30JAN2012) – Alphabetical order

Competing for District 1 GOP nomination – Jeff Layman and John Rosenfeld

Competing for District 2 GOP nomination – Mike Beltracchi and Shayne Mitchell

The ECT contacted these candidates and asked them a few “Pre-Caucus” questions – for ECT readers to review.  ECT also asked these Candidates to include their contact info so interested parties can ask other questions and get some answers before Caucus Day, Tuesday, February 7th.  [Click On] their digital photo’s to enlarge them.

In Alphabetical order – first up District 1 – Candidate Jeff Layman’s answers.

Bio – Originally from Wichita, Kansas, Jeff Layman moved to Vail in 1980 to begin a public safety career spanning 30 years with the Vail and Avon Police Departments and the Eagle County Sheriff’s Office.  He served in many capacities with increasing supervisory, managerial and leadership responsibility, including seven years as Police Chief and five as Undersheriff.  Since January 2011, Jeff has served EagleVail as Community Manager.

Jeff met and married Barb in 1983.  Barb and Jeff have two children, Nicole, 24 and Zac, 21.  They have lived in EagleVail for more than 25 years.

Over the years, Jeff has been active in his church, Mt. of the Holy Cross Lutheran, and his community through the Eagle River Youth Coalition, Vail Valley Cares, Eagle County Public Safety Council, Snow Safety Rangers, the Buddy Mentors, Colorado West Mental Health Local Advisory Committee, Battle Mountain High School Advisory/Accountability Committee, Boy Scouts, Youth Sports and the EagleVail Property Owner’s Association.

Jeff has a Bachelor of Science degree in Administration of Justice from Wichita State University and a Master’s in Public Administration from CU’s Graduate School of Public Affairs.  He is also a graduate of the FBI National Academy

1 – Why are you running for Eagle County Commissioner?

It’s been reported that more than 5,000 jobs have been lost in Eagle County.  The Eagle County website currently lists more than 400 properties in which the foreclosure process has begun.  Many of our friends, family members and neighbors are unemployed and underemployed.

I share the experience of many Eagle County folks in knowing how it feels for the boss to come in and say “your job is being eliminated.”  I have incredible empathy for those in similar situations and will use this foundation to start my decision-making process in every circumstance.

My experience working with all kinds of people and all kinds of organizations makes me uniquely qualified to be an effective proponent for the citizens and taxpayers of Eagle County.  My reputation is one of someone who can effectively cooperate and collaborate with others to make decisions and improve the lives of those we serve.

I have relevant experience with preparing, administering and reducing budgets.  I have directed spending cuts and increased efficiency in four public agencies during lean times.

I have served the public in Eagle County since 1980.  I have a history of community involvement as a volunteer, non-profit board member and public servant.  My life is all about public service.

I have great passion for Eagle County, its people, its visitors and the diverse lifestyle that it supports.  I am a husband and father.  I care about our people.  Working to help families and to protect the most vulnerable among us from abuse, neglect and exploitation is what I have been doing my entire working life.  As an Eagle County Commissioner, I intend to continue to do so.

I am well prepared for the opportunity to serve in this capacity.  I can positively contribute to ALL Eagle County citizens.

2 – The County’s Home Foreclosure rate is now into the thousands (since Commissioner Stavney took office 3 years ago) because families are losing their Jobs, then their homes to Foreclosure.  When elected would you continue Stavney’s policy of ignoring our local economy in favor of spending millions more on so called “Open Space”?

We need to focus on doing what we can to stimulate employment.  I will look for the chance to encourage job growth each time I am asked to weigh in on an issue.  I will actively look for opportunities to work closely with towns to increase the number of available jobs.

I respect and encourage local control and the right of municipal self determination.  I don’t feel it necessary for the county to compete with the municipalities on any level.

3 – What “direction” would you like to see the Board of County Commissioners move our local economy in order to improve shrinking property values in Eagle County?

We all understand that our local economy has historically been over-weighted in recreation, real estate and construction.  That fact has served our needs and our lifestyles very well.  We also know that, for our future, developing economic diversity is critical.

I support adopting a long term, strategic plan to develop new options for economic diversity.  Growing our health, wellness and fitness business has been identified as the most viable opportunity at this time.  But it may not be only option.  We should learn from the past and not put “all of our eggs in one basket”.  County government, to the extent possible, should encourage continued long range planning for economic development and should actively support the initiatives of other entities, be they towns, special districts or non-profits.

While critical, the long term is not the “only thing”.  We must view each and every action the county takes RIGHT NOW with an eye on its effect on job creation or loss.  I will emphasize job preservation, creation and stimulation in every single decision, every single discussion and every single collaboration in which I am involved.

Contact Jeff Layman at C 970-376-7004.

GOP Candidate – John Rosenfeld – District 1

Bio - John Rosenfeld is owner of Johnie’s Garden, Inc. in Minturn, a full service landscape contracting company.  John started the business in 1991.

John is currently serving on the Minturn Town Council, since being appointed to the post in 2010.  John also serves as First Vice-Chair of the Eagle County Republican Party, treasurer of Congressional District 2 and was Secretary of House District 56 until the recent redistricting.

John graduated Cum Laude from Colorado State University with a degree in Landscape Horticulture. He worked his way through college by serving as Resident Assistant.  John realized his passion for plants while working at the Mason City Country Club golf course during the summer.

John has always enjoyed playing sports, and served as captain of his High school football and hockey teams.  He enjoys, hiking, and gardening, and is active in his community, volunteering for several activities. John enjoys playing Santa at Christmas time. He is a licensed NRA firearms instructor.

John and his wife Cherish live in Minturn. They have two dogs and 8 nieces and nephews.

1 – Why are you running for Eagle County Commissioner?

I am running for County Commissioner to bring a business oriented approach to the decision making at the County. I have a unique combination of business and political experience that will help improve the job market in the County. We need to remove cumbersome regulations from businesses so they can create jobs in Eagle County.

2 – The County’s Home Foreclosure rate is now into the thousands (since Commissioner Stavney took office 3 years ago) because families are losing their Jobs, then their homes to Foreclosure. When elected would you continue Stavney’s policy of ignoring our local economy in favor of spending millions more on so called “Open Space”?

Our local economy must be the number one priority of the Eagle County Commissioners.  Joblessness in the County is the reason so many families are struggling in these difficult times. I believe there are steps that the County can take to get government out of the way so businesses can create jobs here in Eagle County.

Open space is an important asset in our County. I believe open space must be incorporated into developers plans to provide communities with parks and recreation within developments. Developers should dedicate a portion of their proposed developments to open space. If private landowners desire to protect their land by placing their land into conservation easements, they should be encouraged to do so. I believe these two options are a good utilization of open space. The voters of Eagle County narrowly approved an open space tax for preservation of land to be used for recreation and community parks. I do not believe that the voters approved the use of general fund money to be used to purchase open space lands, especially in this economy.

There have been several polls showing a desire to place the Open Space Tax back on the ballot. If the voters desire this question on the ballot, then it should go on the ballot. And if the voters decide that the original intent of the Open Space Tax has been abused and vote to repeal the tax, I will not use fancy gimmicks to do it anyway. The Board of County Commissioners must be accountable to the voters. I will work hard to gather input from the citizens of Eagle County to determine what they feel is in the best interest of the taxpayer with regard to Open Space Funds.

3 – What “direction” would you like to see the Board of County Commissioners move our local economy in order to improve shrinking property values in Eagle County?

Decisions and policies that enhance the business environment in the County should be the priority of the Board of County Commissioners.  Decisions made by elected representatives must be made free of emotion. Policies must be adapted that use proven principles to achieve results. The number one result we need in Eagle County is job creation. Removing the government regulation will help clear the inventory of homes on the market and in foreclosure, creating a quicker recovery in the housing sector. Creating opportunity in the Real Estate market will put realtors, contractors, tradesmen and many others back to work.  This needs to be our focus.

GOP Candidate – Mike Beltracchi – District 2

BIO – Mike Beltracchi has been in the leisure ski travel business for the past 25 years years.  He moved to Edwards in 1993 and started Go West Tours which he owned until 2000 when the company was sold and subsequently acquired by ski.com where he currently works in group sales.  He has run over 1000 group trips to most of the major ski resorts in the western US and Canada, during which time he has had a lot of experience in solving problems, some seen and many unforeseen.  He is also involved in creating digital marketing, video and social media for several local businesses.

As a long time supporter of education, Mike currently works with the Literacy Project teaching English as a Second Language at the Avon Library and is a tutor at Berry Creek Middle School.  He is also a student of languages and is currently studying Spanish at Colorado Mountain College where he has studied Italian and French in the past.  He was on the board at Meet The Wilderness and initiated the successful merger with SOS.  Growing up in the Boston area, he has been a life long hockey fan and has coached in line hockey.  Mike is a graduate of the University of Virginia with a degree in marketing.

Mike’s Contact Info:

970.688.4988 (O)

PO Box 2225

Edwards, CO 81632

1 – Why are you running for Eagle County Commissioner?

Eagle County Commissioners have the responsibility to serve all people in the county, not just limited special interest groups. Seventeen percent (over $4 million annual) of the county’s budget is being spent on Open Space, when at the same time there have been major cut backs in budgets for essential government services such as roads and bridges as well as public safety. It is time to put the Open Space tax on the ballot for citizens in Eagle County to decide if they want this tax to continue until 2025, generating another $50+ million to be spent on Open Space in a County where 83% of the land is already public, or whether this tax should go away and we look at other alternatives for the funds that will benefit the whole county if we are willing to keep taxing ourselves $4 million per year.

2 – The County’s Home Foreclosure rate is now into the thousands (since Commissioner Stavney took office 3 years ago) because families are losing their Jobs, then their homes to Foreclosure. When elected would you continue Stavney’s policy of ignoring our local economy in favor of spending millions more on so called “Open Space”?

In 2002, spending $4 – $6 million per year for Open Space passed by 51 votes out of 11,265 total votes. Times change. Budgets change. Fast forward 10 years later and the Eagle County School District is faced with substantial budget cuts, forcing them to consider reducing everything from salaries and bus service to make ends meet. Faced with a similar situation in your own home with limited funds, would you fix your car or buy the empty lot next door? I have read that the state of Colorado is not mandated to provide transportation for kids to school. If that’s the case, why don’t we repeal the Open Space tax and subsequently put another question on the ballot to use a portion of these funds to provide transportation to school kids? Thousands served with public funds instead of just a select few.

3 – What “direction” would you like to see the Board of County Commissioners move our local economy in order to improve shrinking property values in Eagle County?

Tourism is one of the biggest industries in the County and it’s the third largest in the state. There’s probably only 2 degrees of separation from everyone in the County and Tourism. We need to look at ways that we can attract more visitors to the valley in all four seasons, be it through an international arrivals facility at the Eagle County Airport or making it easier for more tourist businesses and events to start up that would also increase demand.

To keep moving forward, change is necessary and sometimes the changes need to be bigger rather than smaller. Our County is not broke. It just needs to reallocate its priorities of where to use surplus funds that are being generated by a tax that has served a very narrow group of people in the County. The time is now for change.

GOP Candidate – Shayne Mitchell – District 2

Shayne Mitchell

Committee to Elect Shayne Mitchell

PO Box 530 Wolcott, Colorado 81655

Cell 970.376.7269 E-mail snippssteam@aim.com

Website under construction will be available by 3FEB2012 ShayneMitchell.com

New e-mail will be Shayne@ShayneMitchell.com

BIO - I am a Western Colorado native and my family has been in Western Colorado for 130 years. I have been a busy owner and job creator for the past 16 years. I have been conducting business in Eagle County for the past 8 Years.

1 – Why are you running for Eagle County Commissioner?  I want to put my experience and fiscal common sense to work for the people of Eagle County.  The people of Eagle County need a Board Of County Commissioners with an open door policy.  The current BoCC does not listen the people of Eagle County and is oblivious to the current state of the economy.  I will bring an open door policy to the Commission and listen to what the residents of Eagle County want and need.

2 – The County’s Home Foreclosure rate is now into the thousands (since Commissioner Stavney took office 3 years ago) because families are losing their Jobs, then their homes to Foreclosure.  When elected would you continue Stavney’s policy of ignoring our local economy in favor of spending millions more on so called “Open Space”?  When elected I will definitely move the county in a new direction.  We must put a stop the the current land grab agenda.  This includes not only “Open Space” but also the purchase of real estate with no definitive purpose.  Anyone living in Eagle County is only minutes away from public lands and open space. As your District 2 Commissioner, not only will I re-focus the county’s priorities, but I will work to undo as much of the damage as possible.

3 – What “direction” would you like to see the Board of County Commissioners move our local economy in order to improve shrinking property values in Eagle County?  The frivolous waste of revenue must be stopped.  The commissioners should be focusing their budget and attention on developing industry and commerce. This is how revenue is created and mortgages are paid.  We need to get Eagle County back to work. People are losing their homes everyday. I don’t believe these people who have been hit the hardest are going to find comfort in “Open Space”.  If we are going to get the economy rolling again and protect our already shrinking property values, we must create jobs.

Some ECT folks attended a recent meeting of one of Eagle County’s newest 501(c)3 non-profits – www.efec.org. (Photo - Tessa Kirchner & Charles Overy)

The good news is they help raise private sector donations for the exclusive purpose of giving the tax deductible money they raise to Eagle County’s Public School system.  The ECT counted 16 folks at the Avon library meeting – 14 women (mostly moms) and 2 men.  No one from Eagle County’s growing/vibrant Hispanic community was there.

The ECT is happy to support EFEC in their private sector (donating) effort.  The group admitted to having raised somewhere around $10K since the groups inception.

At the meeting the term that was used repeatedly was “directed giving” – where by the principals at EFEC “earmark” the donated monies (read: eventually hand over to the School District) for specific items (possibly including teacher bonus/salaries?) for specific schools.  The details of their “directed giving” are still being worked out.  Concerns were raised about the Eagle County’s affluent east end being able to (out-donate?) the west end of Eagle County – then where/how to best spend those donations….

Admittedly, this is a tricky distribution task – even if your name is Robin Hood.

There is however a (dark-side?) to this group – that they are quite open about.

These folks, like other supporters of last November’s failed (3B) ballot issue – deeply desire to increase the permanent property tax lien – that exists today upon your Eagle County property.  That permanent tax lien against your property is reported each year on your Eagle County Property Tax bill as item “RE50J School District, 015-” Mill Levy (2012) set at 21.601 – an increase over the 2011 level – even though ballot issue (3B) failed!

Legally, this non-profit (EFEC) money can’t be used to influence voters – but these (very nice ladies/moms) most certainly can (and will the ECT was told) set up other legal groups (PAC’s?) for the exclusive purpose of permanently raising your property taxes.

“Eternal Vigilance” it seems to the ECT is the price of maintaining a reasonable level of property taxation.

For those wealthy (1 Percenters – the current Speech-Giver-In-Chief) keeps talking about – that are interested in donating some money to EFEC – can contact them at www.EFEC.org.

The ECT recommends you start out with a reasonable level of donation – and let’s see how this new group works with the School Board  – for improving our Public School system.

-CM

Consider – When President Ronald Regan (R) inherited the American Economy (1981) from Jimmy Carter (D) – it was a mess.  Inflation through the roof, interest rates over 20%, rampant Unemployment and an Energy Crisis to boot.

Ronald Reagan (known for his Conservative Policies) started to run for re-election three and a half years into his first term.  Reagan’s record on his handling of the American economy at the time propelled his re-election bid to a LANDSLIDE victory for his second term.  Ronald Reagan carried 49 of the 50 U.S. States in that 1984 Presidential election (Click Here)

Now consider the economic record of our current Uber-Liberal President…

Based on his performance do you really believe this incumbent President deserves your vote in his re-election bid?