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From YouTube: City Council Study Session 05 Nov 2018
Description
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/57270?handle=5C9E506245404B178C1A75A1D64C2A5C
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/57269?handle=9295E9B33BE546A8AC1A4A845E1DC446
1 0:19 - Englewood Environmental Foundation, Inc. (EEF) Discussion
a) 0:28 - Public Works Director Maria D'ndrea and staff will be present to give an overview of the Englewood Environmental Foundation, Inc (EEF) and discuss two recommendations for future Council action: A proc...
Agenda HTML: https://englewoodgov.civicweb.net/filepro/documents/57270?handle=5C9E506245404B178C1A75A1D64C2A5C
Agenda PDF: https://englewoodgov.civicweb.net/filepro/documents/57269?handle=9295E9B33BE546A8AC1A4A845E1DC446
A
Everyone
could
take
their
seats.
Counsel
is
about
ready
to
begin
for
the
study
session
I'd
like
to
welcome
everyone
tonight
and
call
this
study
session
to
order
this
November
fifth
Monday
night
2018
member
cuesta
will
be
late
this
evening,
hopefully
arriving
from
a
flight
she's,
just
gotten
off
of
and
will
be
here
for
the
regular
meeting.
A
B
City
Council,
we
don't
have
the
PowerPoint
up
tonight,
but
I'll
walk
through
that.
Briefly
with
you,
you
do
have
that
as
an
attachment
to
your
agenda
and
it
was
posted
as
well
on
the
city's
website,
primarily
we're
here
to
talk
about
two
issues
today.
Excuse
me,
let
me
introduce
first,
we
have
with
us
to
answer
questions.
If
needed,
we
have
Steve
Rickles
with
the
firm
Spencer
Fane
LLP
they're,
the
attorneys
for
the
for
the
efj
foundation,
and
then
we
also
have
Tom
Pelt's
with
Khoo
Teck
Rock.
B
I'll
refer
to
them,
if
need
be,
I've
done
a
lot
of
research
myself
reading
through
a
lot
of
documents
to
familiarize
myself
with
eath
and
tonight
we're
we're
coming
to
you
to
talk
about
two
subjects
in
particular:
two
recommendations
from
staff
that
we've
made,
and
basically
that
is
to
talk
about
the
process
for
having
the
City
Council,
actually
become
the
board
members
for
eath
and
then,
secondly,
to
determine
if
we
should
proceed
with
a
forensic
audit
of
all
the
e
finances
and
whether
or
not
we
should
conduct
that.
So
those
are
our
two
topics
tonight.
B
I'll
give
just
a
brief
overview,
then
we'll
leave
time
for
questions
and
discussion.
So
f
was
originally
established
back
in
August
of
1997
and
really
was
set
up
as
a
nonprofit
organization
for
the
purpose
of
overseeing
the
redevelopment
of
the
Cinderella
City
site.
So
the
previous
mall
that
was
located
here,
of
course,
was
then
ultimately
demolished
and
redeveloped,
and
the
underlying
property
was
then
managed
with
the
least
two
Miller
Weingarten,
who
was
a
local
developer
and
basically
through
that
process.
If
the
land
was
originally
dedicated
to
most
of
it
was
dedicated
to
the
city.
B
In
the
city
in
turn,
then
turned
that
over
transferred
that
ownership
over
to
Eve
to
manage
that.
So
really
that's
been
the
primary
purpose
since
then
they
oversaw
the
cleanup.
There
was
a
some
environmental
remediation
that
had
to
take
place
both
some
underground
stuff,
as
well
as
the
asbestos
within
the
existing
buildings
and
then,
secondly,
to
then
go
into
the
future.
Some
certificates
of
participation
were
issued
in
order
to
redevelop
not
only
parts
of
the
site,
but
then
also
to
redevelop
this
building
into
its
current
use.
B
So
with
that
Articles
of
Incorporation
work
completed
back
in
1997
at
that
date
as
well
as
bylaws,
and
those
bylaws
were
really
what
lays
out
how
each
should
be
organized
and
formed,
and
originally
those
original
documents
were
set
up,
that
it
would
be
three
individuals
from
staff
who
were
actually
the
efj
board
members.
At
that
time
it
was
designated
as
the
finance
director,
the
engineering
manager
and
the
director
of
neighborhood
and
business
development.
B
So
over
time,
positions
have
changed,
and
so,
for
example,
even
though
the
specified
the
engineering
manager,
the
director
of
Public
Works,
always
retained
a
position
on
Eve
and
never
the
bylaws
were
never
changed.
Similarly,
are
we
now
have
a
Director
of
Community
Development,
as
opposed
to
a
director
of
neighborhood
and
business
development,
the
really
those
three
duties,
the
three
primary
duties
of
the
Eve
board-
include
managing
the
certificates
of
participation
which
are
due
or
set
to
be
come
up
on
June,
1st
2023.
Is
that
final
payment?
B
So
we
have
about
four
more
years,
then
we
also
have
a
sublease
within
the
valleys
or
24-hour
Fitness
building.
We
rent
that
that
sub
leaves
that
was
set
up
very
in
the
very
beginning.
We've
had
a
couple
of
different
tenants
in
there,
but
really
what
the
idea
was
to
activate
the
space
more
and
to
have
that
lease
where
the
city
could
participate
in
trying
to
find
some
different
companies
that
could
fill
that
space
most
recently.
That
company
is
the
guild
which
offers
alternate
workspace
for
individuals
and
then
finally,
the
common
area
maintenance.
B
So
that
area
is
all
the
areas
within
RTD
within
kind
of
the
amphitheater
space,
as
well
as
some
of
the
streets
and
sidewalks
and
all
the
again
common
areas
within
the
existing
55
acre
parcel.
So
we
oversee
things
like
the
irrigation,
the
fountain
maintenance
site
security
as
well
as
snow
plowing.
That
sort
of
thing.
B
We
also
do
some
a
little
bit
of
work
in-house,
so
we
manage
those
different
various
contracts
and
do
that
maintenance
through
a
staff
person,
a
half-time
that
is
charged
back
to
Eve
0.45
of
one
of
our
engineering
technicians
and
then
a
small
portion
point
zero.
Five
of
our
Finance
Manager
is
also
charged
back
to
Eve
and
that
recoups
around
forty
five
thousand
dollars
per
year.
We
also
charged
them
for
some
storage
down
at
the
service
center
and
different
items
like
that.
B
B
With
the
changeover,
we
have
had
some
changeover
and
staff
and
with
the
current
plans
for
redevelopment
potential
of
the
site,
we
are
also
recommending
that
they
current,
if
board
members,
which
consists
of
myself
the
Community
Development
Director
and
the
interim
finance
director
that
we
actually
get
have
more
of
a
hands-off
approach
and
that
instead,
the
City
Council
become
those
members.
So
as
we
redevelop
the
site.
B
Obviously
we
want
city
council
to
be
very
involved
in
that
process
to
have
a
lot
of
say
and
voice,
and
so
we
think
this
is
really
the
right
time
to
come
together
and
make
that
change.
This
allows
staff
to
truly
be
staff,
make
recommendations
on
behalf
of
the
city,
both
all
really
all
three
of
those
positions
will
be
heavily
involved
in
any
redevelopment
of
the
site,
and
so
I
think
this
is
opportune
time
to
make
that
switch.
C
Usually,
my
voice
will
carry
enough
I
apologize
for
that.
The
attorneys
have
been
involved
for
a
long
time
and
as
this
meeting
on
June
25th
of
2018
to
the
eve
meeting,
Inglewood
environmental
foundation
and
in
several
places
here,
somebody
was
nice
enough
to
write
it
type
it
all
out
for
me,
so
that
I
had
a
transcript
of
it
and
I.
C
Had
you
make
it
very
clear
several
times
that
it's
very
important,
there's
a
separation
between
the
city
and
this
Eve
Eve
is
a
separate
organization
and
the
reason
it's
supposed
to
be
a
separate
organization
is
that's
the
only
way
that
it
could
go
ahead
and
protect
the
city
from
the
potential
liability
at
the
time.
That
apparently,
was
somewhat
bypassed
and
doesn't
exist
anymore
and
I.
C
If
we
go
ahead
and
put
this
City
Council
as
the
board
aren't
we
violating
Tabor,
then
I
mean
the
issuance
of
those
certificates
of
participation.
Then
I
mean
we
already
have
a
situation
where
we
really
don't
even
really
have
a
separate
entity.
To
begin
with,
we
could
argue
that,
but
if
we
argue
that
we
did
have
the
intention
of
a
separate
entity
to
go
ahead
and
protect
the
liability
and
to
issue
those
certificates
of
participation,
are
we
going
to
be
in
trouble,
then
under
Tabor,
for
violating
the
law.
B
Well,
let
the
attorneys
answer
that,
but
my
understanding
is
no
because
that
has
already
been
issued.
So
now
we
have
confirmed
with
the
attorneys
that
it's
okay
at
this
point
to
make
those
the
members
it
was
always
originally
set
up
in
the
bylaws
that
anyone
could
the
City
Council
at
its
discretion
could
appoint
people
to
become
the
e4.
They
just
happen
to
be
those
three
members
of
staff,
so
it's
well
within
the
City
Council's
right
to
set
up
those
positions
at
any
time
with
the
membership
that
they
choose.
Then.
C
I'll
wait
for
the
attorney
to
answer
the
question
whether
we
go
ahead
and
you
can't
issue
a
debt
bypass,
Tabor
bypass,
the
citizens
and
the
voters
and
then
later
on,
go
well
since
we
already
did
it
now,
we're
going
to
become
the
entity.
I
think
that's
of
some
concern,
but
maybe
they
can
address
that,
because
I
do
realize
that
we
had
the
power
to
go
ahead.
An
appoint
dr.
A
D
I
won't
pretend
to
be
knowledgeable
about
Tabor,
I
guess.
The
only
thing
I
would
say
is
that
we're
the
proposal
as
I
understand
it
is
that
the
members
of
the
City
Council
become
the
board
of
directors
of
efj,
so
f
would
still
continue
to
exist
as
a
separate
legal
entity.
It
wouldn't
it
would
become
part
of
the
city.
It's
just
that
the
City
Council
members
would
become
the
board
in
lieu
of
the
staff
members
well.
C
I
think
it's
arguable
right
now
that
it
already
is
part
of
the
data.
Doherty
is
part
of
the
city,
but
Tabor
was
passed
in
the
mid
90s.
This
was
created
in
97
and
I
believe
99
respectively,
and
then
is
when
the
other
IRS
letter
came
in.
So
Tabor
would
have
had
to
have
been
a
consideration
at
the
time
and
I
believe
that's
why
the
certificates
of
participation
were
done
in
the
first
place
in
order
to
bypass
Tabor.
So
if
we
become
the
board,
then
aren't
we
violating
that
law?
That's
what
I'm
trying
to.
E
Sure
I
can
I
can
respond
to
that
one.
My
name
is
time.
Pellets,
I'm,
a
partner
at
the
firm
of
key
tech,
rock
and
I've,
been
a
public
finance
lawyer
since
1984,
and
so
Tabor
was
approved
in
1992.
I
did
precede
the
issuance
of
the
certificates
just
to
sort
of
clarify
things.
The
city's
only
obligation
in
this
vini
ancing,
which
has
been
refunded
a
couple
of
times
to
save
to
save
money.
E
Most
recently,
the
current
certificates
are
out
at
a
two
point,
one
two
percent,
but
the
city's
only
obligation
is
a
lease
that
lease
is
subject
to
annual
appropriation
and
that's
what
avoids
an
election.
Pursuant
to
the
provisions
of
Tabor
this,
the
City
Council
makes
a
determination
on
the
manual
basis
when
you're
going
through
your
budgetary
process
as
to
whether
or
not
you
want
to
renew
the
lease
and
if
the
lease
isn't
renewed.
E
There's
a
mortgage
on
this
facility
that
can
be
acted
upon
and
that's
the
ultimate
security
and
'if
was
initially
formed
for
some
dual
purposes,
part
of
which
was
environmental
activities
that
were
undertaken.
The
other
part
of
it
was
for
purposes
of
the
financing,
because
the
structure
at
the
time
that
was
preferred
by
the
the
market,
if
you
will,
the
additional
certificates
were
insured
by
a
bond
insurer,
was
that
there
be
a
mortgage
on
the
facility
and
in
order
to
have
a
mortgage
in
the
facility,
the
city
cannot
mortgage
its
assets.
E
That
would
be
deemed
to
be
a
debt
under
the
Constitution,
even
preceding
taper.
So
for
purposes
of
doing
the
financing
facilitating
the
financing.
It
is
an
obligation
of
'if
each
participated
out
the
lease
payments,
the
annual
lease
payments
that
the
city
makes,
and
it's
it's
it's
quite
common
under
Tabor
to
structure
financings
in
this
way,
and
virtually
most
municipalities
who
have
undertaken
these
types
of
financing,
as
council
was
saying
in
the
event
that
the
the
makeup
of
Aoife
were
to
be
transferred
to
others
to
council.
That
obligation
is
currently
outstanding.
E
In
my
opinion,
it
would
have
no,
if
done
a
legal
obligation
relating
to
the
certificates.
The
council
still
acts
pursuant
to
that
lease
and
makes
an
annual
determination
as
to
whether
not
it
wants
to
make
lease
payments
until
2023,
which
is
the
June
of
2023,
is
the
final
payment.
That's
due
on
those
outstanding.
These
payments.
C
Stay
there
I
have
another
question
if
you
could
at
some
point
address
why
several
times
in
this
meeting
you're
insistent
that
there
be
an
arm's
length
between
the
city
and
Eve
in
order
to
go
ahead
and
have
any
of
those
protections
from
either
the
liability
or
the
ability
to
do
certificates
of
participation.
Because
I
really
haven't
gotten
an
answer.
Yet,
but
I'll
go
ahead
and
let
other
councilmembers
I'll.
C
C
B
C
D
Cinderella
city
was
full
of
asbestos.
The
remediation
process
was
a
major
major
undertaking
and
the
concern
was
that
if
the
city
acquired
the
property
and
did
this
that
the
city
might
incur
environmental
liability
as
a
result
of
that,
so
so
the
property
never
never
wound
up
being
developed
by
the
city.
Instead,
we
created
the
separate
entity
for
that
purpose.
I
think
I,
don't
know
that
the
certificates
of
participation
were
even
on
the
radar
at.
D
C
Maybe
maybe
I
it'll
be
clearer
if
I
go,
this
is
I,
understand,
I,
believe
it
was
you
saying
the
critical
thing
was
to
create
enough
separation
between
the
city
and
the
redevelopment
to
insulate
the
city
from
the
environmental
liabilities,
and
you
go
on
that.
It's
in
several
other
places
on
how
important
it
was
in
order
to
have
that
separation
that
protection
and
the
ability
to
go
ahead
and
do
certificates
of
participation
without
a
vote
of
the
people.
C
C
F
Issue
is
a
legal,
real
property
issue
and,
as
mr.
pelts
explained,
the
way
the
TIF
Achatz
a
purchase
are
structured.
This
efj
owns
the
property
city
leases
the
property.
The
city
pays
a
rent
payment
which
services
the
certificates
of
purchase.
The
city
gets
the
revenue
to
make
that
rent
payment
from
the
various
revenue
streams
coming
off
of
this
project,
primarily
the
sales
tax
coming
down
at
Walmart
and
the
other
revenues
coming
off
of
this
project
from
a
real
property
point
of
view.
F
If
you
were
to
collapse
'if-
and
there
was
a
merger
between
efj
and
the
city
of
title,
we're
now
talking
a
real
estate
issue
of
title,
then
the
lease
would
be
extinguished
and
it
would
collapse
the
co
P
and
would
give
the
holders
of
the
bonds
the
right
to
act
on
the
mortgage.
That's
a
totally
separate
issue.
The
other
issue
was
at
the
time
in
the
1990s.
F
When
the
development
was
taking
place,
it
was
important
to
create
a
separate
entity
to
insulate
the
city
from
potential
liability
of
the
environmental
of
the
old
environment.
Cinderella
City,
that's
a
totally
separate
issue
from
the
real
property
issue
that
was
and
I
believe.
That's
what
is
referenced
in
the
transcript
that
you're
reading
from
at
that
time.
It
was
important
to
keep
if
separate,
and
that
was
one
of
the
reasons
why
we
had.
F
If
there's,
there's
no
alter-ego
here,
the
city
actually
appropriated
separate
money
for
efj
and
transferred
money
to
efj
as
a
separate
entity
if
operated
as
a
separate
entity,
we're
now
fast-forwarding
almost
20
years.
The
protection
from
liability
for
environmental,
quite
frankly,
probably
will
be
lost
when
we
change
the
board
and
the
council.
F
If
you're
talking
about
liability
for
environmental,
it's
quite
possible
that
the
city
will
take
on
the
liability.
Environmental.
The
point
is:
is
that
it's
now
20
years
there
was
a
clean
up
through
the
state
which
has
been
completed.
We
do
not
perceive
that
there
is
any
further
environmental
issue
here,
but
that's
a
subject
for
the
for
the
council.
F
Our
charge
was
the
council
was
concerned
about
eath
is
a
separate
entity
and
having
separate
board
members,
and
so
we
have
proposed
to
you
a
scenario
whereby
we
can
preserve
the
CEO
piece
by
preserving
the
legal
entity
called
Eve,
but
allow
the
council
people
to
be
the
board
members.
So
that
it
will,
in
the
council's
point
of
view,
will
be
an
arm
of
the
council
and
will
not
operate
separately,
which
has
been
what
we
understood
was
the
issue.
Hopefully
that
clarifies
thank.
G
F
C
C
Why
shouldn't
this
counsel
then
be
just
as
concerned
I
mean
they
just
upped
their
personal
liability
for
those
board
members
quite
a
bit.
This
council
isn't
got
that
kind
of
personal
protection,
so
I'm
concerned
that
if
they
don't
want
that
liability,
that's
been
created
by
this
entity
not
really
being
separate
and
there's
the
concerns
there.
Why
shouldn't
this
council
be
concerned
about
taking
that
on
as
well?
I
suggest.
F
That
you
ask
the
three:
what
their
concern
was?
I,
don't
believe
it
was
the
legal
liability
from
environmental
I
believe
it
was
the
concern
that
the
council
had
issues
with
the
way
the
board
was
operating.
Yes
and
they
didn't
want
to
be
under
the
gun
to
the
board
of
the
council
and
therefore
they
wanted
to
withdraw.
If
the
council
is
operating,
then
you
don't
have
the
same
issue.
Do
you
well.
C
I
would
just
know:
I
disagree
if
you're
asking
me
absolutely,
we
have
we
hit,
we
have
the
same
issue.
I
think.
What
is
the
issue?
I,
don't
understand
the
concern
of
how
the
how
the
board
was
operating.
One
is
that
it
was
not
a
separate
entity
arm's
length
enough
a
way
to
even
ever
protect
the
city
from
liability,
and
my
question
was
never
that
we
would
have
still
the
certificates
of
participation
or
that
we
would
have
titled
to
the
to
the
land.
C
F
C
Stop
and
as
I've
read
through
the
documents
we've
given
them,
the
city
gave
them
the
property
and
then
gave
them
the
money,
and
then
they
issued
the
certificates
of
participation
and
I
might
understand.
Certificates
of
participation
a
little
bit
more
than
you
might
be.
Giving
me
credit
for,
but
'if
issued
those
certificates
of
participation
and
by
doing
that
and
being
the
holder
of
the
asset
bypass,
the
voters
from
going
ahead
and
taking
that
debt
on.
That's
just
the
reality
of
the
way
that
that
worked.
C
As
you
advised
the
board,
the
the
council,
your
eath
board
is
that
there
have
been
questions
about
the
way
that
that's
been
run,
their
RFPs,
their
lack
of
going
out
for
bed,
their
lack
of
having
contracts,
they're,
consistent
refusal
to
answer
any
open
records,
requests,
record
requests
and
from
the
Stapleton
case,
back
in
the
late
90s.
It
was
obvious
that
this
was
a
body
politic
and
they
were
subject
to
that
kind
of
transparency
and
scrutiny,
and
it
was
hardly
an
arm's
length
when
we've
got
employees
sitting
as
board
members,
as
you
advised
them.
C
I
believe
that
you
say
the
risk
that
you
run
is
that
you
destroy
the
separate
corporate
attributes
of
efj
and
the
city
takes
on
liability.
It
never
had
before.
So
that's
a
choice,
a
political
choice,
so
I
do
agree.
That's
something
that
we
have
to
consider,
but
I
can
tell
you
from
a
legal
point
of
view.
That's
a
very
hazardous
approach,
but
I
say
I
can't
solve
that
problem.
For
you,
that's
a
political
issue,
so
I
do
agree
with
you
that
your
concern
is
to
go
ahead
and
protect
the
efj
board.
C
But
not
this
council
and
I'm
concerned
about
the
kind
of
liability
and
personal
liability
that
we
may
be
taking
on
to
do
this
and
that's
the
questions
that
I
had
I'm
trying
to
go
off
of
the
information
that
you
gave
to
that
board.
So
I
know
where
your
loyalty
lies
and
who
you're
trying
to
protect,
but
that
doesn't
fit
with
what
we're
doing
here.
C
B
I
think
the
concern
that
staff
had
at
the
time
was,
for
instance,
myself,
I
have
a
professional
engineer
license
so
I'm
a
PE
licensed
in
Minnesota
and
Colorado,
and
so
my
concern
was
when
I'm
serving
not
in
a
capacity
at
staff,
but
in
this
sort
of
quasi
role
as
an
Eve
board.
Member
do
I
have
any
liability,
so
that
was
the
where
that
stemmed
from
not
that
I'm.
B
B
A
Question
would
be,
and
other
council
members
chiming
who
you
don't
have
to
just
ask
questions.
You
can
actually
make
some
comments
and
get
some
clarification
if
you're
correct
to
figure
out
whether
you're
correct
in
understanding
this
as
well.
So
if
we
were
to
take
this
on
as
a
council
I
wanted
to
ask
those
of
you
that
have
been
involved
with
these
entities
before,
have
you
seen
a
council
do
this
before?
F
Were
presented
with
the
question
of
if
the
existing
board
members
want
to
remove
themselves,
what
are
the
options
and
our
first
response
was.
It
would
be
a
problem
if
'if
itself
were
dissolved
and
that's
the
title
problem
that
was
a
COP
problem,
so
assuming
efj
must
continue
as
an
entity.
If
the
current
board
members
wanted
to
withdraw,
then
our
suggestion
was,
you
will
need
new
board.
Members
question
was:
who
will
be
the
board
members
and
to
us
it
was
irrelevant
who
the
new
board
members
would
be.
F
They
could
be
the
council
people
or,
as
you
suggested,
they
could
be
three
or
four
or
five
or
seven
non
council
people
that's
up
to
the
council,
we're
not
suggesting
that
it
has
to
be
the
council
people.
Our
problem
is,
is
that
the
council
has
at
a
laser
focus
on
Ethan
its
activities,
so
the
question
is:
who
will
be
willing
to
serve
in
that
capacity
with
the
council
as
concerned
as
it
is,
and
with
this
being
a
lightning
rod?
F
So
the
suggestion
was
well
the
way
to
eliminate
any
of
that
problem
is
let
the
council
people
be
the
board
members,
but
that's
certainly
not
a
legal
requirement,
and
that
certainly
was
not
a
requirement
or
something
that
we
were
pushing
one
way
or
the
other.
It
was
not
the
legal
advice
that
we
were
providing.
It
has
to
be
the
council,
so
I
just
wanted
to
clarify
that.
Thank.
A
You
so
we
have
two
issues
that
you
all
explained,
one
being
the
legal
real
property
issue
and
whether
or
not
we
continued
the
entity
which
needs
to
be
in
place
legally
in
order
to
manage
this,
this
whole
complex
that
has
to
stay
right
or
replate
pay
it
off,
which
is
another
option
somebody
growing
in
the
lottery.
The
second
one
is,
is
the
issue
of
the
environmental
liability,
and
has
anyone
ever
done
anything
to
actually
bring
charges
against
that
in
any
way?
At
this
point,.
B
A
I
I
A
B
J
Okay,
so
it's
listed
within
the
the
right
up,
at
least
one
of
the
funds
or
where
it's
on
a
high
level
or
just
provide
that
type
of
information,
or
at
least
at
a
kill.
Then.
My
second
question
in
terms
of
the
policies
and
procedures
are
the
current
directors,
following
at
least
the
procurement
process,
or
at
least
a
bit
process
for
if
at
this
moment,
we.
B
B
H
D
C
C
I
mean
I
kind
of
thought
that
maybe
this
explained
it
if
they've
never
had
contracts
through
the
period
of
time
through
this
two
decades
practically,
then
that
would
be
understandable
that
I
never
received
them
when
I
requested
them.
But
if
you
have
some
contracts,
I
have
on
several
occasions
ask
for
them
so
that
we
could
kind
of
get
a
matching
of
how
we're
doing
the
budget,
because
we
have
the
budget
side
from
Englewood
and
then
apparently,
this
supposed
separate
organization
for
efj
and
so
I
asked
for
contracts
and
they
didn't
get
any.
B
C
B
I
believe
that
was
the
attorneys
from
Spencer
fain.
Is
that
what
they
were
saying
is
so
we
were
trying
to
ascertain
what
level
of
contracts
do
we
have
with
various
firms,
and
they
that
was
their
response
is
that
they
haven't
really
gotten
involved
in
the
past
in
reviewing
contracts
that
sort
of
thing.
So
in
our
as
we've
been
going
through
documents,
we
have
found
several,
for
example,
one
with
twin
city
security,
who
provides
security
on
the
site.
C
Mean
there's
I
mean
I,
think
that
it's
understandable
that
there's
been
a
lot
of
concern
raised
on
how
this
has
happened
over
the
last
20
years
and
I.
I
myself
to
speak
to
what
councilmember
Martinez
brought
up
would
never
feel
comfortable
sitting
on
the
board.
This
council
sitting
on
that
board
until
the
forensic
audit
is
done
from
the
inception
of
this
organization,
so
that
we
understand
what
we're
dealing
with
and
until
we
do
that,
I
don't
think
we
can
really
move
forward.
C
Comments
like
that
are
kind
of
rifle
in
that
meeting
and
I
would
really
advise
the
rest
of
council
to
listen
to
that
meeting,
put
a
lot
of
scrutiny
into
the
situation
they're
getting
into
and
what
the
employees
are
trying
to
get
out
of.
It's
not
necessarily
the
focus
on
this
board,
but
what's
happened
so
if
you
have
any
of
the
contracts,
I
would
appreciate
getting
them,
but
I'm
sure
you
were
all
concerned
about
those
kind
of
things
going
on
Thanks.
B
Just
is
just
to
say,
I
think
again:
it's
you
know,
I
think,
just
being
relatively
new
to
this
I
bring.
No,
you
know
decision
one
way
or
the
other.
My
recommendation
looking
at
it
from
the
outside
coming
in
is
to
try
to
again
ascertain
where
we
are,
what
we
should
be
doing
and
again,
our
intent
is
to
go
out
whether
staff
continues
to
serve
on
the
board
or
counsel
that
we
would
go
out
for
new
contracts
for
all
of
this,
because
we
have
found
some
some
gaps.
B
A
Sure
appreciate
the
work
that
you've
done
in
this
and
bringing
it
back.
We
certainly
knew
for
quite
a
while
that
we
were
going
to
speak
about
this
tonight
so
that
new
documents
have
emerged
that
someone
typed
up
recently,
it's
a
little
surprising
to
me
that
we
all
don't
have
them.
So
we
could
look
at
them
to
see
what
the
context
of
the
conversation
was.
I
appreciate.
A
All
the
things
you've
been
giving
us
context
on
here,
because
context
is
everything
on
this
one
I
believe
there
are
so
many
allegations
that
have
been
brought
by
just
a
real
handful
of
people
over
and
over
and
over
again
in
your
time
with
this,
those
are
the
three
of
you
that
have
been
serving
as
the
attorneys
for
Eve.
Do
you
have
any
perspective
on
that
and
what
you
think
has
been
going
on
I
we
we
talked
as
a
council.
You
may
have
known
this
a
while
back
to
do
a
performance
audit.
A
It
wasn't
completely
this
council
I,
don't
believe
that
voted
against
doing
that.
I
think
that
would
have
been
the
wisest
thing
we
could
have
done
at
that
point
to
get
a
better
idea
of
how
this
could
could
be
better
facilitated,
lead,
and
but
we
didn't
go
down
that
road,
so
now
we're
back
to
square
one
with
with
nothing
having
been
done
for
six
months.
What's
your
perspective,
having
heard
this
over
time,
prensa
Kotik
I
mean
I
know
you
probably
can't
give
legal
advice
at
this
point.
I'm
happen.
F
My
own
thought
was
I,
frankly
consulted
with
one
of
the
other
municipalities
as
to
what
they
do
in
a
situation
like
this,
and
in
particular,
Denver
and,
as
you
know,
Denver
has
a
full-time.
Auditor
I
spoke
to
the
retired
Auditor.
He
said.
How
would
you
approach
the
situation
like
this
and
explained
that
there
were
questions
being
raised
etc,
and
he
said
well,
what
you
really
need
is
a
performance
audit
and
he
said
in
a
performance
audit.
You
will
find
what
our
best
practices
are
they
being
followed.
If
not,
what
are
the
recommendations?
F
How
can
you
tighten
up
the
ship?
What
is
missing,
what
documentation
is
missing?
Is
it
being
properly
stored?
Are
the
procedures,
correct
and
I
could
go
on
with
a
litany,
and
that
was
the
genesis
of
the
suggestion
that
a
performance
ought
to
be
done.
A
forensic
audit
is
a
totally
different.
Animal
forensic
audit
is
exactly
what
the
name
implies.
If
there
was
a
litigation
pending,
there
was
a
criminal
proceeding
pending.
You
would
hire
a
forensic
auditor
to
go
through
and
testify
at
one
of
those
proceedings
in
a
totally
different
context.
F
It
would
not
give
you
anything
about
the
procedures,
the
practices,
how
the
entity
had
been
operating,
what
best
practices
are
and
in
I
don't
want
to
misquote
him,
but
as
I
recall,
this
is
from
memory.
Please
take
it
for
that.
He
said
in
his
career.
He
does
not
recall
having
engaged
a
forensic
audit,
but
he
has
done
a
number
of
performance
honors
and
usually
by
an
outside
firm,
not
by
his
own
office.
I,
do
want
to
clarify
one
thing,
because
I
don't
want
the
record
to
be
misconstrued.
F
I
also,
remember
a
barren
time
when
you
were
reading
those
minutes.
I
believe
that
there
is
a
misconception.
What
was
being
asked
at
that
time
was:
does
counsel
outside
counsel
for
efj
review
contracts,
that
Eve
prepares
or
are
those
done
internally
and
when
they
said
there
we
have
no
contracts.
I
was
the
one
responding
to
that
and
I
said
we
do
not
get
involved
in
reviewing
those
contracts.
We've
never
been
asked
to
review
a
contract.
Indeed,
there
were
contracts
and
I.
F
Every
participant
has
a
right
to
require
an
audit
for
the
prior
year,
because
they're
being
charged
their
percentage
RTD
indeed
came
in
and
asked
for
an
audit
and
they
did
an
audit,
and
at
that
time
all
the
contracts
were
delivered.
Rtd
were
reviewed
by
them.
The
end
of
the
audit
was
that
they
agreed
with
the
number,
and
there
was
no
adjustment,
so
I
know
there
were
contracts.
I
did
not
see
them,
they
didn't
come
through
my
hands.
F
The
agreement
with
RTD
was
originally
an
inter
governmental
agency
agreement
between
the
city
and
RTD,
and
that
was
then
assigned
to
eath
to
manage
that
contract.
So
I
believe
that
it
went
partially
through
the
City
Attorney's
Office
at
that
time,
who
was
involved
with
the
RTD
request
for
an
audit,
but
again
I'm,
not
positive
of
that,
because
I
was
not
involved
in
the
audit,
but
I
I
was
aware
that
the
audit
took
place
and
I
did
correspond
with
RTD
with
regard
to
their
request
for
an
order.
So
I
just
want
to
clarify
it.
F
G
Mr.
Miller
I
just
have
a
question:
is
you,
as
outside
counsel
and
and
the
other
outside
counsels?
Would
you
protect
if
board
members
from
issues
that
are
going
on
either
previous
board
members
or
current
board
members?
Is
that
your
responsibility,
or
if
there
was
problems,
would
they
have
to
go
to
outside
counsel
our.
F
A
G
Right,
thank
you,
I
appreciate
that
and
then,
with
all
due
respect
to
the
mayor.
This
is
the
second
time
that
this
has
happened,
that
I
know
of
that
certain
council
members
are
being
chastised,
because
we
have
extra
information
that
the
rest
of
you
supposedly
don't
have.
When
we
go
to
research
things
you
have
just
as
much
time
as
councilmember,
Barrentine
and
I
do
that
was
on
the
web.
You
could
have
gone
to
listen
to
it.
You
could
have
developed
things.
G
Why
is
it
to
council
members
responsibility
to
make
sure
that
the
rest
of
the
council
has
the
homework
and
information
that
they
need
and
I
am
very
concerned
about
this
flippant
attitude
that
this
council
should
go
ahead
and
take
over
to
protect,
listen,
I'm
concerned
about
the
city?
Employees
also
I,
want
them
protected
I
want
them
doing
the
right
thing.
I
want
policies
set
aside,
so
we
can
do
the
right
thing,
but
to
put
ourselves
in
a
position
that
we
are
not
protected.
A
C
Sent
out
to
you
it's
available
to
you
on
the
web,
councilmember,
Russell
and
I
did
a
lot
of
work
in
November
of
2015
to
make
sure
that
this
board,
the
Inglewood
environmental
foundation
at
least
made
its
meetings
open
and
started.
Putting
the
information
on
the
website
so
that
it
is
available
to
everybody.
And
you
were
at
those
meetings
and
you
were
aware
of
it
and
they
are
overbearing.
C
A
C
Would
probably
be
helpful,
you
seem
to
be
a
little
confused
at
why
the
efj
board
is
coming
under
some
scrutiny,
and
so
I
just
want
to
go
ahead
and
clear
that
up
for
you
really
quick
and
I
ran
on
this
in
2015
in
November
of
2015
immediately
after
I
was
elected,
I
asked
for
that
board
to
stop
refusing
open
records,
requests
and
start
being
transparent.
I
asked
for
the
financials
the
next
day
the
city
manager,
Eric
Keck,
who
had
only
been
here
a
year
and
then
soon
to
be
assistant,
city
manager,
Murphy,
Robinson.
C
The
next
day
came
to
councilmember,
Russell
and
I
and
said
I
have
turned
their
books
over
to
the
District
Attorney's
Office
I
said
why
he
said
four
things
and
that's
what
I'd
want
and
the
friends
are
got
it
for
sure.
I
wouldn't
do
my
books.
This
way
there
are
companies
being
entities
being
paid
that
are
being
overpaid.
There
are
entities
that
are
being
paid
that
are
double
paid.
There
are
entities
that
are
being
paid
that
no
longer
exist.
I
took
him
at
his
word.
He
turned
it
over
the
district
attorney's
office.
C
C
But
I
will
not
take
on
the
responsibility
for
what
has
happened
with
Eve
and
the
mismanagement
and
the
skirting
around
Tabor
and
the
skirting
around
the
stack,
the
the
voters
to
go
ahead
and
clear
anybody
I
think
we
need
to
go
ahead
and
get
this
information
done
and
bring
it
forward.
That's
why
this
informations
come
forward.
I
just
got
done
with
the
recall.
I
survived
that
recall,
I've
gone
out
and
talked
to
my
constituents.
C
They
don't
want
to
feel
that
anything
is
being
hidden
from
them
not
from
last
week,
not
from
last
year
and
not
from
a
decade
ago.
So
that's
why
I
believe
it
would
be
in
everybody's
best
interest
for
us
to
go
ahead.
Have
a
forensic
audit
get
these
questions
answered
and
go
ahead
and
move
forward
in
either
hold
it
accountable
change
it
do
what
we
can
with
the
information,
but
we're
not
in
a
position
where
we
can
do
that
right
now,.
B
A
B
Absolutely
so
our
next
steps,
if
there
was
interest
in
bringing
this
back,
we
would
bring
a
there
is
a
draft
resolution
included
in
the
council
packet,
where
we
come
back,
probably
at
a
meeting
in
December
for
the
council
to
take
formal
action
on
making
the
City
Council
beiief
board.
So
that
would
be
probably
at
that
December
17th
meeting
and
then
I
think
the
direction
for
the
forensic
gothic
would
simply
be
at
that
same
meeting,
but
a
separate
action
just
a
motion
to
move
forward
and
then
we
would
get
actual
proposals
for
that.
B
A
That
thank
you.
I
would
like
to
ask
our
city
attorney
a
question
if
she's
able
to
respond
and
I'm
not
sure
member
Sierra,
if
you
received
the
the
legal
document
that
councilmember
Barrentine
is
talking
about
and
councillor
Mayor
Pro
Tem
Russell
were
involved
with
in
you
receive
that
document.
So
you
have
it
okay,
City
Attorney!
In
your
perspective,
can
you
remind
us
why
we
why
forensic
audit
was
not
something
that
you
are
particularly
thinking
would
be
helpful
at
this
point.
K
K
They
don't
know
what
you're
talking
about
so
they're
trying
to
move
forward
with
doing
their
job,
which
is
at
this
point
because
of
where
the
city
is
at
it's
it's
different
from
where
it
might
have
been
five
or
ten
years
ago
because
of
this
redevelopment,
so
their
roles
are
changing
and
they're,
trying
to
figure
out
how
to
move
forward
as
employees
and
the
goal
of
the
performance
audit
was
to
educate
the
current
brand
new
employees
about
past
practices.
What
was
good,
what
was
bad,
how
it
needed
to
be
handled
to
going
forward?
K
A
forensic
audit
is
going
back
and
reviewing
the
existing
audits,
I,
don't
think,
there's
any
question
that
audits
have
been
done
annually
on
Eve
as
at
the
same
time,
that
audits
have
been
done
for
the
rest
of
the
city
and
the
same
firms.
Do
those
audits
so
going
back
in
reviewing
to
make
sure
that
audits
were
done
correctly
at
a
cost?
K
The
costs
that
have
been
stated
have
started
at
fifty
thousand
dollars
seem
like
a
lot
of
money
to
just
do
a
recheck
of
what's
gone
on
in
the
past,
but
I
I
really
would
like,
as
a
new
employee,
to
know,
what's
gone
on
and
what
would
be
better
practices
moving
forward.
So
that's
why
I
was
more
supportive
of
a
performance
audit
than
a
forensic
audit
again.
These
are
these
are
policy
choices.
K
There
are
also
some
questions
about
making
sure
that
you
maintain
your
IRS
status.
I
was
talking
to
mr.
Rickles
about
who
might
be
able
to
step
in
and
service
the
board
so
that
the
current
employees
would
be
able
to
step
back
and
do
their
jobs
as
employees,
and
he
was
reminding
me
that,
in
order
to
maintain
our
arrest
status,
that
would
have
to
be
someone
currently
associated
with
the
city,
so
it
could
be
the
City
Council.
K
It
might
be
other
staff
members,
but
as
he
was
describing
the
IRS
status,
you
wouldn't
go
outside
the
city
for
that.
So
it's
it's!
A
lot
a
lot
of,
what's
discussed
by
counsel,
is
what
happened
in
the
past
I.
Think.
What's
your?
If
board,
your
current
eve
board
is
concerned
about
is
how
to
move
forward
in
the
next
four
years
as
your
as
you
have
to
maintain
efj,
because
you
can't
pay
it
off
that
you're
also
going
into
this
brand-new
state
of
redevelopment.
K
A
K
Was
no
judge's
ruling,
it
was
a.
It
was
a
district
attorney,
sorry
Vesta
Gator
and
he
was
a
new
investigator
to
the
office
and
he
put
things
into
a
form
which
I
think
made
it
really
difficult
to
tell
what
he
was
trying
to
say,
but
his
final
finding
was.
There
was
not
enough
evidence
to
support
an
investigation
of
the
question.
Thank.
A
A
C
Clarification
with
the
city
attorney,
you
were
present
at
the
meeting
on
June
25th
for
Eve,
and
you
have
been
advising
Eve
and
that
kind
of
gives
me
some
concern
about
a
little
bit
of
conflict
of
interest
because
you're
doing
both
Eve
and
this
board
and
I
think
that
this
council
might
want
to
consider
having
another
attorney.
A
separate
attorney
come
in
and
advise
us
on
what
our
options
are
and
what
our
potential
viability
and
situation
with
this
as
I
would
I
disagree
respectfully
with
the
City
Attorney's
assessment
of
the
district
attorneys
report.
C
He
made
it
very.
The
investigators
made
it
very
clear
that
the
statute
of
limitations
had
run
out
because
the
city
knew
it
was
going
on,
knew
these
issues
were
going
on
and
had
taken
it
to
previous
councils
and
that
the
people
who
were
suspect
of
mismanagement
were
backed
up
by
the
then
by
the
councils
at
that
time.
So
I
think
this
is
a
lot
more
serious
than
you
guys
are
giving
it
credence
for,
and
you
need
to
give
this
a
little
bit
more
thought
before
we
go
ahead
and
move
on
I.
C
C
C
The
ownerships
of
the
different
entities
that
have
gotten
millions
of
dollars
are
under
question
and
I
think
that
those
issues
really
need
to
be
cleared
up.
A
performance
audit
was
discounted
at
the
time
because
it
would
not
have
satisfied
the
concerns
that
have
come
forward
for
how
this
has
been
mismanaged.
Sorry,.
A
G
Actually,
I
just
have
four
quick
questions
that
I
would
like
to
address
the
next
study
session.
What
properties
did
the
city
transfer
to
'if
on
efz
inception?
How
many
properties
have
been
sold
since
then?
What
is
still
currently
owned
by
Eve
and
what
addresses
are
releasing
as
Eve
to
other
individuals.
A
Thank
you,
then,
sir.
Those
are
great
questions
and
let
me
ask
counsel,
if
you
think
of
any
other
questions
you
would
want
for
the
next
time.
We
come
back
to
this.
Please
forward
this
on
to
director
Deandra.
Thank
you.
This
will
close
our
study
session
for
now,
we'll
take
like
a
five-minute
recess
and
then
come
back
and
begin
the
regular
regular
meeting.