December 12, 2011

SandBox Comments: Stars and Stripes "Army honors WWII nurse for aiding U.S. troops during Battle of the Bulge"

Ms. Chiwy, thank you so much for your service.

A delightful story of extraordinary bravery and service.

Steven Beardsley:
"...Chiwy also once accompanied Prior to the front lines to retrieve wounded. According to King, when Prior remarked that Chiwy’s small size must be the reason she wasn’t wounded by oncoming fire, she replied, “ ‘Oh, so they’re not going to see a black face in white snow? They’re just bad shots.’ ”

King describes Chiwy as a wry wit with the “heart of an ox” in a 5-foot, 2-inch frame. Born in Africa of a Belgian father and Congolese mother, she was sent to Belgium in her youth for an education. She attended nursing school and was working near Brussels in 1944 when she made her way to Bastogne.
In the chaotic days that followed, Prior and Chiwy developed a close relationship, King said. The doctor brought Chiwy to work with him at the 101st headquarters in Heintz Barracks after the aid station’s destruction. When someone raised concerns over a black woman treating white soldiers, Prior fought for her, King said.

Chiwy hoped to continue with the division after it left Bastogne, but was told she wasn’t needed.

King said he needed four years to get Chiwy’s story from her and compare it to Prior’s diaries, along with official reports from the war. Also at Monday’s ceremony was a representative from Supreme Headquarters Allied Powers Europe, and retired Gen. David Petraeus, former 101st commander, wrote a letter for the ceremony, said Col. Greg Julian, public affairs officer for SHAPE. McGee later said that, even now, Chiwy looked like someone capable of braving the enemy.

“She still has that fire,” he said. “You can just tell.”

King, who sat next to Chiwy during the ceremony, said when they first walked into Monday’s event, she turned to him and said in French, “ ‘They took their bloody time, didn’t they?’....”

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SandBox Comments; KJCT News 8 "Lawsuit Claims Troopers Covered Up Crash"

Out of respect for Garfield County Sheriff, comment ability is disabled on this post.

"DENVER -- A Littleton family injured in a car crash involving the former Garfield County sheriff claims the officer got special treatment by the Colorado State Patrol.


The family has filed a lawsuit in federal court that says troopers never checked former sheriff Verne Soucie for impairment after the 2009 crash and didn't seek out witnesses...."
(KJCT News 8)

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Sand Box Comments: Glenwood Springs Post Independent "Senators should stay out of the fray over unitization"

Thank you, Rep. Scott for being the first and only one to step up and call a spade a spade.

The rules and processes technically do not allow Sen. Udall and Sen. Bennet to lodge the interference they have to date over the unitization requests.

"....Of course, all affected parties and stakeholders need to be active in future NEPA analysis, but we also need to abide by the rules and processes currently in place.

To that end, Sens. Udall and Bennet need to refrain from future attempts to insert themselves in this and any other unitization request through the BLM.

Finally, I support the stated intentions of the Thompson Divide Coalition and the Community for Thompson Divide to have input in the way these federal lands are managed.

I encourage both groups and all concerned citizens to familiarize themselves with the NEPA process and to stay engaged as the Lake Ridge unit moves forward. There will be many opportunities for public comment before any development occurs, and I wholeheartedly support members of the community making their voices heard.

Ray Scott of Grand Junction represents District 54 in the Colorado House of Representatives."
(Ray Scott)

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SandBox Comments: Durango Herald "Tipton reviews his first year in Congress"

Scott Tipton has done a terrific job.  The best personality fit for the job of any candidate that was in the race.

SandBox is glad to see him running again and supports his race.

With that said, we don't blame him if this next stint in office is his last one.  Anybody who would want to be a career politician in these times is an anomaly.

"WASHINGTON – For U.S. Rep. Scott Tipton, the last year in Congress – his first – has been nearly as frustrating from the inside as it has been to the broader public, whose opinion of the legislative body has dipped to record lows.

“People are genuinely concerned,” he said during a sit-down interview with The Durango Herald.

“There is no confidence because they’ve seen nothing, outside of what we’ve put forward that is sitting in the Senate, that moves to reduce the size of government...”
(ROCÍO GONZÁLEZ)

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SandBox Comments: Craig Daily Press "Candidate emerges: Brett Barkey announces bid to become next DA"

(See related story here)

"There will be a shakeup next year in the tri-county 14th Judicial District Attorney’s Office, encompassing Moffat, Routt and Grand counties.

District attorney Elizabeth Oldham said Saturday she wouldn’t seek re-election, a move she’s contemplated for some time now.

“When I finally came to the decision that I wasn’t going to run again, I started searching for someone I thought would be good to transition into that role,” Oldham said. “I wouldn’t say bringing Brett (Barkey) in was a calculated move, but he is someone I think would bring a lot of experience to the office.”

Barkey, 50, a Hayden resident and the 14th’s assistant district attorney, announced Saturday he’s seeking the district attorney’s position in the November 2012 election...."
(Joe Moylan)

When will the folks 'buy the pitch'?

When is it appropriate for an elected by the public District Attorney to engage in legalese manipulation through creative interpretations (or) anything aimed at political gain?

Only during campaign season for the latter.  Never for the former.

Brett Barkey is in the running for the 14th. Will he have a competitor and turn it into a race?  If not, then that's OK because Barkey is a conservative running as a Republican.

The folks are probably thinking District Attorney Oldham has made a good choice.

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"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

SandBox Comments: Pueblo Chieftain "No-staff crossing planned in Texas "

"BIG BEND NATIONAL PARK, Texas — The bloody drug war in Mexico shows no sign of relenting. Neither do calls for tighter border security amid rising fears of spillover violence.

This hardly seems a time the U.S. would be willing to allow people to cross the border legally from Mexico without a customs officer in sight. But in this rugged, remote West Texas terrain where wading across the shallow Rio Grande undetected is all too easy, federal authorities are touting a proposal to open an unmanned port of entry as a security upgrade.

By spring, kiosks could open up in Big Bend National Park allowing people from the tiny Mexican town of Boquillas del Carmen to scan their identity documents and talk to a customs officer in another location, at least 100 miles away...."
(via Pueblo Chieftain)

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SandBox Comments: Grand Junction Daily Sentinel "Crimes-against-kids cases a major concern in budget negotiations"

"Hilkey is asking to restore some of the investigation abilities lost in 2010 budget cutting.

The investigations of crimes against children have suffered significantly, the Sheriff’s Department said in budget documents. With the loss of an investigator’s position, the caseload per investigator has almost doubled, from 9.9 to 18.5 cases per complex-crimes unit investigator, delaying responses to those cases.

“In 2010 we responded in days” to such reports, the sheriff’s budget request says. “In 2011 we are responding in weeks....”
(Gary Harmon)

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SandBox Comments: Eagle County Times "Alpine Bank – Backs Off in ongoing Cordillera Litigation"

Good morning, dear readers.  This morning, 'SandBox Nanny' is bringing back out of archives one of your fav commentary pieces.

"Exactly, how do the acts of 'unjust enrichment' and 'tortious interference'  really play out in the real world of the common construction industry worker?"

Let us begin:

Let's pick any one of the hot-beds of fodder for our topic.  Like say, any private golf course development in the area.  All the same.  Or, if you prefer to use a gated community, that's fine. All the same.

For simplicity's sake, we'll use 'Generic Golf Course Development (GGCD)' in order to not send certain closet readers of SandBox into the throes of panic that the cops and judicial task forces are going to finally come rolling down the driveway at any moment now with those oh, so embarrassing lights flashing.

Here's the crux of the problem:

Let's hypothetically say that the plans, scope and construction budget for one house in the development is $1.1 million.  The course developer sold some lots to a builder. The builder then sold this lot to a local couple.  That local couple, unknown to anyone except Golf Course Developer, is also an overall investor in the entire development.  And that local couple has a few skeltons in their closet that have been brewing and simmering to come out for a long, long time.  As it turns out, so does the builder and the Golf Course Developer.

The owner/developer has been around a long time, prominent in the community, attends all the social and politically correct functions and organization memberships.  Names are splashed all over the media and are common household topics of conversation for many.

They find a builder that is well-known but nevertheless in need of some work and sort-of has a reputation for being an easy push-over.  And since it's such a small world, they bought the lot from him!  And they share the same bookkeeper! (wink, wink)

The talk gets talked.  Now, the important thing to remember here is intent and it is way, way back at this moment of agreement that all things future are going to to stem from.   One hears 'we'll save money at every point we can and give you a great build'. Another hears 'the budget is for the plans and scope at this moment.  That changes, then money changes.'  Another in this trio of soon-to-be miscreants hears 'it's her dream house, we'll give her anything she wants'.

Remember now, Golf Course Developer Guy is nowhere in the conversation because the builder is the seller of the lot.

In our hypothetical scenario with the 'GGCD' project, it would turn out later down the road that the husband and wife team were worlds apart on thinking of 'how' their dream home was going to be built.  All the builder and every industry related trades and professionals coming in behind him know is that the rule of law is the plans, the budget, the choices made by the owner/developer and the quality at the end.

In construction, your talent, skill and output are your own but they are based solely on executing what you're told to do.  Smart industry members keep detailed records of what they're told to do.  That way, when the usual time in most builds when an owner or trade or vendor takes things south and attempts to flip the blame of their actions over on to you; there is a record of what really happened.

Let's pick up the pace here and get away from this boring part of our commentary:

"...So, the talk is talked.  Builder starts up on a loose contract and handshake.  (After all, 'Suzy socialite' is in the news every day, how can these people possibly go south?)

Trades and everyone else piles on with the builder footing the bill. 

The owner/wife there daily and slipping in change after change to the scope. Builder's starting to toss and turn at night, but, the first few checks from the husband who's really not on the same page to start with roll in and are on time.  And you do have that tiny little clause in your loose handshake from one of those stellar pillars of the community who did say they wanted your best and were willing to pay for it.  "It's her dream", after all.

Time marches on as always in the world of men, machines, dirt, framing and wiring.

"Oh!!!  My dream!! My vision!! And just look, honey!!  I found all of our plumbing fixtures and lighting at 'Milly's Repo Mall' and 'Overstock Extravaganza'!!!!  For a fraction of what the plumber and electrician want to charge!!!!  See what a good manager I am?  Just look!"

"Oh, Mr. Plumber Man!  See what I bought?  These are just perfect, aren't they?  But wait, I'm still not sure if I want to add that 10th bathroom and dog wash.  But I will let you know soon just as soon as we get back from the interior designer I hired 3 months ago and have drawing up all new plans!"

"Huh?"  says, Mr. Plumber Man.  "Lady, I'm at the rough in stage.  We can't add another bathroom.  Who's the designer?  This is her idea?"

"Oh, no!!!  It's my idea, it's my dream!!!  She keeps saying absolutely not, but frankly she can be a real force to be reckoned with and I'm not sure if even I can get her away from her firm stance.  But I'm the best, don't you know!!!  By hook or crook, that's my motto!!"

"Yea.  If it's her she's not going to back down or cave to you so we're safe and you're dreaming.  If you want to make changes, you need to get with Builder Man and stop the project until you're sure.  What is this stuff you bought?  Lady, 'Milly's Repo Mall' is the worst.  You just bought a 3/4" fitting for a 1/2" outlet.  And there's no thing-a-ma-jig that's the most important part of the whole thing.  This stuff is worthless.  Huh....WTH??!!!....what're you doin?"

"HOW DARE YOU!!  I am the owner and I sign your checks.  I'm getting my husband.  These are the faucets I want.  It's my dream!!!  What are you doing?"

"Packing up, Lady.  Have Builder Man give me a call when you all get it worked out."

The next day when the trades arrive on site, Builder Man says:  "Go on home, everybody".  Golf Course Owner Family hasn't paid the payments on the land I sold to 'Queen of Mean and hubby aka the old Suzy socialite and quiet, mild-mannered husband' to build this thing on.  Didn't pay the utility PUD fees for the development, spent the money on the latest lawn mowers for the golf course.  And there's some kind of flap about investors with money from God only knows where that the Golf Course Owner Family trusted in the beginning.  Surprise, surprise that the quiet hubby on this job is one of those investors.  But we've got a tiny little clause in my loose handshake on this and it'll be alright because we've got 'Designer Force Lady who the old Suzy Socialite talked into racking up a mongo A/R bill' running interference for us. And I can always repo the dirt it sits on."

Trudging off to their trucks and units, all the trades are heard muttering under their breath that 'this thing is going to Antartica it's that far south'.

Builder Man starts to drive off down the road and Golf Course Owner Family blocks the road.  "WTH?? Where are you going??  The owner of that one holds all the cards on the money I need to stay out of class-action!!  Tick him off and I'm doomed!!!"

"What do you mean you're doomed?  As of this moment you're without the dirt the thing sits on because he's holding payment back on everything until his wife is happy.  I'm slamming the lid until you're all worked out AND have that dame under some kind of control.  She's driving us nuts!"

Three years later, the house has been forced built at the cost of hundreds of thousands of dollars in loss to everyone working on it.  But the Queen of Mean aka Suzy socialite is thrilled because she did get her 'Milly's Repo Mall' specials after all and with what they didn't pay everyone, the house appraised at nearly $2 million but was built for half of that!!  What a gal, what savings!

The amenities of the development aren't up to par or even fully running. 

Class action lawsuit by enraged homeowners that can't golf are whipped into a fake frenzy by the 'Queen of Mean aka Suzy socialite' in order to hide her being the force that spun it all into chaos and her husband having some minor concerns about how some of their wealth accumulated over the years.  Dinero he used to be an original investor in the whole mess. 

Designer Force Lady and a couple others in the Builder Man's world still struggling to get paid and clear.  The 555th district DA trying to be involved but caved to the powers that be and keeps sitting back waiting for more to shake out of the branches of the tree so he can maybe fill in all his holes.

Now, dear readers.  Who is the culprit that is the tort interference and unjust enrichment in our hypothetical scenario?

The Golf Course Owner Family, the quiet, mild-mannered hubby with his group of investors and all cronies in-between.

Who are the victims?  Not the ones in the middle like Builder Man.  He came out pretty flat.  The victims are everyone from there on down the food chain."

But, hey Dave!

Slippery but nice and slick move to get some payments caught up at that alleged crony of everyone Alpine Bank!

And the beat goes on...

(Read the article from those top-notch investigative reporters  Della Street and Paul Drake?  Click title)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

SandBox Comments: Aspen Times "Recession snuffs Aspen Skiing Co.'s need for foreign workers"

(See related op-ed piece from Johnny Boyd here)

It's embarrassing. Laughed at in private and a true joke.  Who would you trust to have your back in a fight for life or death? A self-proclaimed elite pillar of society in Glenwood Springs, Carbondale or Aspen?  NO WAY!  Would be a totally worthless proposition.

Spend enough time interviewing the common folks up and down the valley and that is what they're going to end up telling you.

What a wagon load of manure this article is, Mr. Condon.

The Skico has the heat of the changes NLRB forced them to make through the portions of Lee Mulcahy's lawsuit that he did win.

The Skico has unrelenting bad PR, respected opinion columnists and avatars all over the region keeping up the chatter over their alleged illegal immigration practices including under investigation abuses of J1 Visas and H2B Visas.  Give Sen. Mark Udall (D-Colorado) a call and find out where all that is at, won't you?  Thanks.

Reality, is that the Skico has never pushed for locals to work for them.  Never.  They pull in the much cheaper foreign workers long in advance of hiring time and leave no room for local workers.  They make money off all that housing they own and fairly worthless benefits they use to entice those workers.  If not revenue then in all kinds of tax and asset breaks.

These aren't wild conspiracy theories, Mr. Condon.  They're facts based on decades of locals 'living with the Aspen Ski Corp'.

They can't blame anything on the 'Great Recession', 'George Bush', 'Lee Mulcahy', 'bitching locals' or that Ullr probably isn't coming around much this year.

Paula and Jim Crown and the Skico have only themselves to blame for all their problems, including flat sales a couple years in a row. 

What a wagon load of manure this article is.

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SandBox Comments: Aspen Daily News/Johnny Boyd "Reject the slums of Aspen"

(See related story here)

Opinion columnists and commentators keep pounding away on the same points because those points need to be changed.

Silence is simply not an option.

Are we successful?  Are all the anonymous (yes, even if you slap your name and photo up you're still 'anonymous' in the world of the internet..how do we really know that's you 'just sayin'?  What a ridiculous debate to even waste time on when the content being spoken is what has legitimacy.  If we wanted to be recognized for ourselves instead of what we bring to the table, we'd be a politician now, wouldn't we?) voices out here really getting their point across?

You betcha.

Another welcome back this morning goes out to the Boyd.  Up on the Aspen Daily News.

Bravo!!  Very well done.

Johnny Boyd.  In a tribute to Paula and James Crown and their companion in philosophy Warren Klug:

"...If ACRA’s lobbying efforts prove fruitful, the businesses of Aspen would have an unlimited supply of labor that is stripped of all rights granted to American citizens. With no avenue to speak out or air grievances, these “workers in limbo” would be a boon to all employers looking to save a buck. A more cynical policy probably can’t be imagined, though that isn’t a challenge.

During most of the last decade the SkiCo imported its labor from abroad. Its ability to secure visas from the federal government was key in making sure that wages for every business in the valley are kept low in spite of the skyrocketing cost of living. If you can’t move the mountain to the cheap labor, move the cheap labor to the mountain. As the largest employer in the valley, the SkiCo sets the bar for all employers, and especially for ACRA.

The SkiCo ignored the outcry of last year to pay a living wage and the controversy went away. That’s how it usually works in America. Almost every issue is a passing fad. It’s one of the hazards of living in a shallow sound-bite society. SkiCo has no motivation to pay its employees enough to lift them above the poverty line because the pressure is off.

It is this disdain for the American worker that is causing certain segments of society to take to the streets in protest. The avarice of large employers has finally been linked to the economic depression of American workers. The workers are angry and rejecting the circumstances that leave fully employed laborers forced to live in slums because of the greed of employers. The protesters have become liquid for the winter, but this is no passing fad. I fear there will be blood...."

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"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."