County Commissioner Stavney’s – Battle with Amnesia

by – remember, we forget very little

Just last week incumbent County Commissioner candidate Jon Stavney (D) publically let our Community know – he seems to be losing his battle against Amnesia.  (Click Here)

In Jon’s latest “please re-elected me info-mercial” column in the Daily Fishwrap – Jon went on to discuss the “size and role of government” from his vantage point of Eagle County Commissioner.

Let’s Begin with one of Jon’s first comments:

ECT Comment:  Reagan’s correct, Jon is wrong.  Our U.S. Constitution defines the role and powers of the Federal Government, those not specifically granted to the Federal Government are delegated to the States.  Regulating Interstate Commerce, setting standards (like railroad steel gauge for tracks between states) are reasonable things the Feds do that benefit us all.  The wrong part?  See Below

Secondly, and the point of Jon’s Amnesia:

ECT Comment:  Remember Eagle County’s Stratton Flats $5.6 Million dollar Taxpayer debacle, Jon?  Money the Eagle County taxpayer will NEVER see again.  Fact is our County Commissioners had/have ZERO Statutory nor Fiduciary responsibility to invest Millions of Taxpayer money on so called “Affordable Housing”.  Gee…this fact Jon, somehow Stratton Flats was not mentioned in your column…  To your credit, Jon, the Eagle County owned, formerly dilapidated (due to County neglect) Federal Section 8 Low Income Housing (Riverview Apartments – Rte 6 Eagle Vail) – where YOU DO HAVE Statutory and Fiduciary responsibility to maintain that County owned Property – finally it did get the much needed,  remodel after thirty years.

Further it was the voice of the ECT (never in the Daily Fishwrap) that pointed this fact out and continued to hammer our Board of County Commissioners on this Housing issue – till it was fixed.  Credit to Commissioner Jon for having done what was legally required during his watch.  And yes Jon, the ECT will recognize Alex Potente’s effort on Riverview as well.  No problem with Amnesia here at the ECT.

ECT Comment:  Wrong Jon.  The number one Job of any Government is Public Safety.  As it relates to Public Safety, the County acted appropriately and responsibly (as is Governments obligation) to protect Public Safety (in this case) to the County’s public water supply in the Eagle River.  ECT expects nothing more and nothing less.

ECT Comment:  Jon this is misleading at a minimum and simply not the full truth.  Correct – the Stratton Flats $5.6 Million debacle was “non-mandatory” however MAINTAING Eagle County owned Federal Section 8 Low income Housing (Riverview Apartments) IS MANDATORY under Federal HUD regulations.  How is it Jon, that Eagle County had MILLIONS to waste on Stratton Flats, yet no money to repair and maintain Riverview Apartments?  Shame on the BoCC, Jon!  “Cost the County nothing?”  HUH?  Then how did the County pay local Riverview remodel contactor R.A. Nelson?  Credit it seems to the BoCC (with Alex Potente’s help) for increasing our Federal Government deficit!

ECT Comment:  “What we know” Jon is that the Board of County Commissioners (illegally) side-stepped TABOR and funded the recently remodeled Eagle County “Justice Center” and County Jail with ~$24 Million with so called “Certificates of Participation”.  This illegal technique was used by our BoCC to force County taxpayers to take on the additional long term debt, where a taxpayer funded BOND would normally be used.  That Bond debt Jon, as you are well aware would have required a ‘vote of the people’ per TABOR.  Fact is Jon, we Taxpayers didn’t get the Vote – we just got handed the $24Million in long term debt.  The legal requirement of TABOR, Jon, is to give the Taxpayer the VOTE to determine if the majority of Taxpayers wish to take on millions in long term debt, Jon.  We both know, Jon, that the Eagle County (voter survey) that was quietly taken (paid for by the private sector, Jon) showed no majority taxpayer support for a new Bond issue for a new Jail and Courthouse.  That’s why those survey results, Jon, never saw the ‘light of day’ publically.  Conclusion: Our BoCC did an illegal (per TABOR) “end around” the Eagle County Taxpayer.

The ECT could go on and on Jon…we look forward to your next “info-merical” in the Daily Fishwrap!

PS – Jon, you almost got President Reagan’s direct quote correct – here for your information and others is President Reagan’s actual AUDIO quote – just click on the play button below.  We do our homework here at the ECT.

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2 responses

  1. Under BOCC ‘Leadership Policies’ at Eagle County-

    1.1.2 Display Courage. The Board will display courage and is committed to the following:

    e. Willing to ask if programs or ideas are necessary and fiscally defensible.

    ==============================================================
    COUNTY GOVERNMENT IN COLORADO

    Commissioners are the main policy-making body in the county. They are also
    responsible for the county’s administrative and budgetary functions.

    Counties are responsible for law enforcement, which includes supporting the
    court system and the district attorney function as well as providing jail facilities
    through the sheriff. Counties are responsible for providing the state’s social
    services, including administering and carrying out virtually all programs overseen by the Colorado Department of Human Services. Counties may provide health services, although their ability to do so depends on resources available. Counties are responsible for road and bridge construction, maintenance and repair. Finally, they control land use in the unincorporated areas.

    CONDEMNATION (EMINENT DOMAIN)
    The BOCC has a number of specific, statutorily granted condemnation powers, including:
     Construction and maintenance of roads and bridges. C.R.S. §43-2-112;
     Establishment of park and recreational facilities but not paid for by lottery
    monies received from the conservation trust fund. C.R.S. §29-7-104;
     Relocation of cemeteries. C.R.S. §25-1-659;
     Drainage structures. C.R.S. §30-11-107(1)(w);
     Sewer and water systems. C.R.S. §30-20-402;
     Establishment of airports. C.R.S. §41-4-104;
     Public improvements by district. C.R.S. §30-20-512(1)(i); and
     Land, buildings or both in order to provide for county court facilities, jails or
    other related judicial or jail facilities. C.R.S. §30-11-104.

    Debt For Construction/Maintenance
    The board may levy and apportion taxes or incur debt for construction or repair
    of public buildings, roads and bridges when authorized by electoral vote. C.R.S.
    §30-11-107(1)(d).

    HOUSING AUTHORITIES
    The BOCC may contract with any governmental subdivision of the state for
    planning, financing, construction, maintenance and operation of a multijurisdictional housing authority. The authority’s boundary may be less than the entire county. The authority can participate in ongoing programs and purchase assistance. Financing options include a sales and use tax of up to 1 percent, a property tax of up to five mills, or on certain conditions an impact fee of up to $2 per square foot. C.R.S. §29-1-204.5

    Local Improvement Districts (LIDs)
    By its own action or upon petition, the BOCC may form districts for the purpose
    of creating or funding the below-listed improvements. The BOCC may assess
    the cost of such improvements to the properties benefited (those within the
    district) in accordance with the benefit to each, in whole or in part.
    Improvements permitted are:
     Street construction, grading, paving;
     Curbs and gutters;
     Street lights;
     Drainage facilities;
    Sidewalks adjacent to streets;
    Energy efficiency and renewable energy production projects for residential
    and commercial use; and/or
     Service improvements such as cable, gas, electricity and other utility
    services.

    “1041 Powers”
    In 1974, the legislature passed HB 74-1041, granting county government the
    authority to affect issues outside the normal scope of local land use authority.

    Local governments also may designate certain activities of state interest in order to realize increased regulatory authority over: water and sewage treatment systems, airports, solid and hazardous wastes disposal sites, mass transit systems, highways, and public utility facilities. Upon designation, the board may establish rules and regulations related to development in these areas, provided that those rules and regulations meet certain statutory minimum criteria. C.R.S. §24-65.1-101, et seq.

    The BOCC has regulatory/licensing authority in the following areas:

    Medical Marijuana C.R.S. §12-43.3-106 and 301 et seq.

    Lease-Purchase Authority
    The board is authorized to enter into lease-purchase agreements to provide
    financing for a courthouse, jail or other county building and equipment used, or
    to be used, for governmental purposes. The agreement may include an option
    to purchase, transfer or acquire title to such property, but may not exceed 30
    years. C.R.S. §30-11-104.1 and 104.2.

    http://www.ccionline.org/repository/Documents/Commissioner%20Handbook/Snapshot%202011.pdf
    ——————————————————–
    As for the Federal Governments Role- it is as follows:

    Article I, Section 8 of our Constitution, which says, in part: ‘The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States…To borrow Money on the credit of the United States…To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes…To coin money…To establish Post Offices and post Roads…To raise and support Armies.’

    The framers granted Congress taxing and spending powers for a few other activities, but nowhere in the Constitution do we find authority for up to three quarters of what Congress taxes and spends for today. There is no constitutional authorization for farm subsidies, bank bailouts, or food stamps—

    READ MORE
    http://www.hillsdale.edu/hctools/ImprimisTool/archives/2000_08_Imprimis.pdf

    In other words, from the Constitution on a US Government site:
    The primary purpose of federal government was to:

    1. Defend the shores
    2. Establish a system of currency
    3. Deliver the mail
    4. Protect individual rights

    http://www.archives.gov/exhibits/charters/declaration_transcript.html

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