You Don't Have to Go Home (But You Can't Stay Here)

Boulder City Manager Jane Brautigam has proposed a new rule closing all city parks and open space properties between 11 p.m. and 5 a.m. It wouldn't apply to pedestrians or cyclists passing through without stopping, but any hint of delay would open the lollygaggers to citation.

Communications Manager Patrick von Keyserling says this rule is not a response to the Occupy protesters, but rather is meant to protect their safety and health (a rather Orwellian description).

It is also meant to address illegal nighttime activity in dimly lit, sparsely populated areas. It's easier to stop all parks and open space usage at night than to just enforce existing laws.

However, my biggest issue with the proposal isn't its questionable justification. It's the legitimacy of the process being followed.


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Caution -- Slow Bikes

City staff has proposed several changes to transportation code, some of which affect how crosswalks are regulated. The changes were presented to council on Nov. 15 and the first reading was approved, which means that the changes will be discussed in more detail this Tuesday.

If the changes are approved as presented, drivers will have to stop at a crosswalk if another driver has already stopped to let a pedestrian cross. This is common sense and brings the city's regulations into line with state law.

The changes affecting pedestrians and cyclists are more impactful.

Pedestrians using a crosswalk with an alert system, like the flashing yellow lights found around town, are only allowed to do so after the lights have been activated. Some pedestrians avoid triggering the flashing lights if there is plenty of time to cross and they don't want to inconvenience drivers.

However, I believe this is a reasonable requirement. Making the use of the lights more consistent will help with drivers' expectations. And if there is an accident in which the pedestrian didn't activate the signal, it will help assign responsibility.

The remaining crosswalk changes restrict the speed of bikes in crosswalks.


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The case of the missing education funding

My ballot was sitting on my desk, only one blank remaining. I was confused.

Colorado Proposition 103 is supposed to restore cut state education funding by increasing our taxes for the next five years. But I distinctly remember that we passed a constitutional amendment about ten years ago that promised to increase school funding every year.

Either the Legislature has been violating the state constitution by cutting education spending, or someone isn't being quite honest (or possibly both).

Amendment 23 passed with 52.7 percent of the vote in 2000. It promised, among other things, to "(increase) per pupil funding for public schools and total state funding for special purpose education programs by at least the rate of inflation plus one percentage point for the next ten years and by at least the rate of inflation thereafter." And yet, for the past couple of years, education funding has been on the chopping block along with everything else.

I sympathize with the Legislature. Theirs is an impossible task. They are being micromanaged by us citizens with many conflicting goals.


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Boulder Election 2011

Given recent local election coverage, you'd think the only things we're voting on were municipalization and corporate rights. However, Boulder has no fewer than eight ballot issues this year.

Issue 2A allows the city to sell $49,000,000 in bonds for critical infrastructure needs, including maintaining streets, bridges, buildings, and recreation facilities; upgrading software, the main library, and police and fire equipment; and improving transportation connections and streetscapes. It's hard to argue with those priorities. The bonds will be paid back using existing revenue streams. Plus, the work will generate local jobs, helping the local economy.

Issue 2B allows the city to extend and increase the utility occupation tax levied on Xcel's customers to further investigate the feasibility of a municipal power utility. Question 2C authorizes the city council to create a power utility, if it proves it can do so in a cost-effective manner, with rates and reliability comparable to Xcel's and a plan for more renewable energy.

David Miller, in his guest commentary a week ago, rightly pointed out that there are many unanswered questions related to this proposal. We don't know how much it will cost, nor how much additional renewable energy will be feasible. However, we can't know these answers without approving both measures. So, the real question is whether we want to know, or whether we will continue to trust Xcel to work in Boulder's best interest.


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Patent Reform is Bust for Brainy Boulderites

Last year Boulder was judged the brainiest city by Portfolio.com, but lumped in with 20th place Denver in Forbes' list of innovative cities.

Now we're seventh on the Insomnia Log Patent Friendly Cities list. Boulder area residents were issued 834 patents per 100,000 residents from 2006 through 2010, and only six other metro regions did better.

President Obama just signed a patent reform law, the first major overhaul of our patent system in 60 years, and there was hardly a peep from local inventors.

The most debated part of the new law converts the U.S. from a first-to-invent to a first-to-file system. Previously, you could get a patent if you could prove that you invented something first, even if someone else beat you to the Patent and Trademark Office. No more.

Supporters, including many of the biggest technology companies, say this will simplify things, eliminating contests over who actually owns an invention. A class of procedures is eliminated from the PTO. This should reduce legal costs, and help reduce the multi-year backlog of patent applications.

Many small inventors are not so thrilled. They fear big companies with teams of lawyers will file applications faster, and earn patents even when they weren't the first to come up with an idea.


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Correction: In this essay, I said that, "Under the new law the PTO gets to keep all of its fees, rather than having them siphoned into the general fund." In fact, that provision was deleted during congressional negotiations.

Patent Friendly Cities

These are the top 20 metropolitan areas in the US, based on the number of patents granted to residents per capita. This is based on the first named inventor on patents granted by the US Patent and Trademark Office from 2006 through 2010.

Rank	City/Region	Patents/100,000
1	San Jose-Sunnyvale-Santa Clara, CA	2,202
2	Corvallis, OR	1,586
3	Burlington-South Burlington, VT	992
4	Rochester, MN	962
5	Boise City-Nampa, ID	906
6	Bremerton-Silverdale, WA	841
7	Boulder, CO	834
8	Santa Cruz-Watsonville, CA	758
9	Austin-Round Rock-San Marcos, TX	597
10	Ann Arbor, MI	591
11	Fort Collins-Loveland, CO	591
12	San Francisco-Oakland-Fremont, CA	564
13	Rochester, NY	496
14	Poughkeepsie-Newburgh-Middletown, NY	463
15	Ithaca, NY	458
16	Seattle-Tacoma-Bellevue, WA	427
17	Raleigh-Cary, NC	423
18	Trenton-Ewing, NJ	423
19	Durham-Chapel Hill, NC	390
20	Boston-Cambridge-Quincy, MA-NH	374

Take our Time with Energy Decision

Two weeks ago I wrote about Xcel's proposal to provide Boulder with lots of wind energy. I said that Xcel would be able to count that wind energy towards its legislated mandate to provide 30 percent of its Colorado electricity as renewable or recycled energy.

I received a couple of emails from folks who told me I was wrong. Xcel would sell the renewable energy credits associated with the new wind energy to Boulder, and Boulder would get the RECs.

However, the Colorado statute that mandates utilities to provide a minimum percentage via renewable and recycled energy doesn't mention RECs. It just says that the utility has to generate or cause to be generated the energy.

The Public Utility Commission rules that implemented that law say that a utility will use RECs to meet the mandate, but they don`t seem to say that RECs are the only way to meet the mandate.

Confused? According to Xcel, the interpretation of this requirement doesn't matter. They say that they`ve already gotten enough renewable energy lined up to meet the mandate without Boulder, and to meet it early. Whether or not they are allowed to count the Boulder wind toward the 30 percent, they are not planning on doing so.

They don't need us.


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Zero net carbons

Xcel Energy has finally outlined a proposal to City Council for a new franchise agreement that looks like it meets the goals for Boulder's energy future. I'm not convinced.

It's actually quite slick, a virtual game of three-card Monte. Who uses the renewable energy? Who pays for it? Who gets credit for it?

Xcel already provides renewable energy. They have to by law. Under their Boulder proposal, they won't have to provide a single kilowatt-hour more. Xcel claims that this wind power generation capacity will be built specifically for Boulder, but that is disingenuous. It will still count against Xcel's statewide renewable energy mandate.

They think they've found a mark for their con game. Boulder citizens want more renewable energy, and Xcel management is betting we'll willingly spend more to get it. They've also used the classic con strategy of telling us the deal is off the table if we don`t agree by November.

With Xcel's offer we'd be getting the same renewable energy that Xcel already has to generate, but we'll be on the hook to pay for it while everyone else in Colorado will get a price break.


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Does Why Matter?

A pair of recent local convictions brought up the issue of how laws against bias-motivated crime relate to free speech protections.

Joseph Coy was convicted of both second-degree assault and bias-motivated crime for his racially motivated attack on Nigerian CU student Oluyibi Ogundipe. Zachery Harris was convicted of bias-motivated harassment for using racial slurs against Ogundipe and his Saudi friend, Ahmad Abdulkareem.

The First Amendment was designed to protect expression that may not be popular, even expression that makes people angry. Yet, even the Supreme Court has ruled that it has limits. Some speech may be regulated within the confines of free speech.

Coy won the lottery with his two-for-the-price-of-one crime. Clearly, there was evidence to convict him of the assault. Was the bias-motivation a separate crime, worth doubling his punishment?


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The opening of open space

After the recent election, Boulder County officials immediately approved new open space purchases using revenue from the Issue 1B tax increase.

This year's vote was a squeaker -- the measure passed by 0.86 percent. The county clearly learned something from last year's embarrassing loss, but can obviously no longer count on overwhelming support for program expansions.

Most recent opposition to open space expansion cited higher taxes and the large amount of open space already protected.

But some of the loudest opposition came from the program's biggest fans.

Some withheld support because there are too many bikes on open space trails, others because there is not enough bike access, too many dogs, not enough dog access, too many people and too many trails, or too much open space that is not open to the public.


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How Did I Do? Election 2010

Are people reading my recommendations more this year? Are they starting to take me more seriously? Are people actually starting to read the issues and think about their implications before voting?

I'm not sure what happened this year, but the election results were much closer to my recommendations than they have been in past years. Probably just luck.

I called for a protest to vote "No" on all statewide ballot issues. In fact, almost all were soundly defeated. The only one that passed was a measure referred by the legislature to allow them to temporarily move the state capital in a state of emergency. Definitely not a big deal.

And voters approved every single county, city, and school district issue, including five tax increases. The only issue in the batch that I had recommended against, the Boulder Valley School District tax increase was certainly for a good cause. My concerns had to do with accountability, and hopefully BVSD will prove responsible with this new chunk of cash.

And maybe my winning streak will continue into future years.

Summary of 2010 Boulder and Colorado Ballot Issues

Here are my analyses and recommendations for each issue on this year's ballot from the City of Boulder, Boulder County, and the State of Colorado. You may not agree with any particular recommendation, but you can easily see how I came to my recommendation and come to your own decison based on all of the facts. My biggest goal is to ensure that fewer people vote on issues based on either just the ads or just reading the issue title on the ballot.

Remember, when in doubt, vote no! Here's the list. The most important issues are bold. Click on any specific issue to see my full analysis.

Colorado Measures

Vote	Issue
NO	Amendment P Regulation of Games of Chance
NO	Amendment Q Temporary Location for the State Seat of Government
NO	Amendment R Exempt Possessory Interests in Real Property
NO	Amendment 60 Property Taxes
NO	Amendment 61 Limits on State and Local Government Borrowing
NO	Amendment 62 Application of the Term Person
NO	Amendment 63 Health Care Choice
NO	Proposition 101 Income, Vehicle, and Telecommunication Taxes and Fees
NO	Proposition 102 Criteria for Release to Pretrial Services Programs

Boulder County Measures

Vote	Issue
YES	Issue 1A Human Services Safety Net Mill Levy Increase
YES	Issue 1B Countywide Open Space Sales and Use Tax Increase and Bond Authorization

City of Boulder Measures

Vote	Issue
YES	Issue 2A Public Accomodations Tax
YES	Issue 2B Five Year Utility Occupation Tax to Replace Lost Franchise Fee Revenue
YES	Question 2C Height Limit

Boulder Valley School District Measures

Vote	Issue
NO	Issue 3A Property Tax Increase

How High in Boulder?

When I first saw Boulder Ballot Question 2C, I thought it was arrogant. I assumed builders were asking to be able to build up to the maximum height, and then add on extra for their solar panels. Why couldn't they just plan for the solar panels in their overall plans and build a bit shorter to allow for them?

But my assumptions were wrong. Question 2C is about the ability to add solar panels on top of existing buildings, buildings which were built before the concept of solar gardens was conceived.

Solar gardens, recently approved in Colorado, are a new way to provide solar energy to the masses. Build larger arrays, large enough for several families, on larger rooftops and other locations. Then, the people who couldn't use solar energy otherwise can take advantage of its benefits. People like renters, or people with shady lots.

Boulder Question 2C is a simple proposal and makes sense. Vote yes.

Local Taxing Issues

For those of us living in Boulder, five of six local ballot issues this year include tax increases. Given the current financial conditions, we need to look closely at the short-term and long-term benefits of each before casting our ballots.

County Issue 1A's property tax increase was drafted in response to a confluence of three factors. State legislation required the county to spend down its human services rainy day fund; state funding for human services needs has been cut significantly; and, due to the recession, the rainy day has arrived.

Not only is it wise and humane to help people in our community who are feeling the worst pain of the economic downturn, the county is also required to do so by state law. This measure is responsibly crafted: It has a five year sunset, makes good use of public/private partnerships, and directs the commissioners to reduce the new tax as state funding is restored and conditions improve.

County Issue 1B is a new 0.15 percent sales and use tax for open space acquisition. Most people are not fans of higher sales tax, but most in the county like our open space.


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The Brighter Side

Nine years have passed since the 9/11 terrorist attacks. I remember that day as clearly as yesterday, as I'm sure many of you do.

There was the phone call telling me to turn on the television, and then the disbelief, the shock, the grief as I watched buildings with thousands of people inside crumble and collapse to the ground.

What I and millions of other people wanted was information. But there were few sources, and nothing could be done by those of us on the sidelines.

Out of respect I hesitate to compare the Fourmile fire to the 9/11 attacks. But there are some parallels.

Communication technology, both successful and failed, was a significant part of the 9/11 story. We'll never forget the final phone calls from the hijack and tower victims, the loss of the network broadcast towers when the North Tower collapsed, or the overloading of the cell networks.

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Boulder Pools Go to the Dogs

When I went for my swim workout this morning, Scott Carpenter Pool was closed for the season. Although still the middle of August, the pool is only open to dogs.

I love dogs as much as anybody, but closing the only 50-meter pool in town to humans after just an 11-week season in an athlete-friendly city like Boulder is a slap in the face to swimmers. With the coincident annual maintenance shutdown at North Boulder Recreation Center and scheduled closures for at least one private pool, swimmers` options are severely limited.

I headed to Spruce Pool for my workout. There were 6-8 swimmers in each Boulder Aquatic Masters lane, and two in each lap lane. Jane Scott, BAM head coach, told me BAM has negotiated additional lanes from the city for this practice time for safety reasons, as the pool was over capacity.

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Gut Check

It's not easy being logical in forming opinions. We humans are wired to make decisions with our guts, and to manufacture a rational world around those decisions.

We are easily manipulated. A news story with lots of blood convinces us that a minor issue is the problem of the day. For example, the Camera front page has a story about an accident at a flashing crosswalk, and suddenly flashing crosswalks are death traps. We conveniently ignore the fact that most traffic accidents do not happen at these crosswalks.

Then you throw in peer manipulation. One person says that pedestrians don't look before crossing the street. Pretty soon it is common knowledge that pedestrians in Boulder have a death wish and always walk out directly in front of cars without even a glance, an opinion that, if examined logically, couldn't possibly be true.

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Gunning for Guns

The University of Colorado Regents are trying to preserve their right to ban guns on campus. They say they decide who gets to do what on university property.

Meanwhile, gun rights activists are telling us that guns are necessary on campus (and elsewhere) because you never know when a random killer is going to attack. Someone with a concealed gun can take out that killer and prevent mass casualties.

By my calculation fewer than two lives per year would have been saved in this country since 1966, even if every university shooter had been killed by a legitimate gun owner at the first shot.

School shootings have gone up in the past decade, but still, fewer than five lives would have been saved per year in that period.

Clearly, more than five additional deaths would occur each year with the presence of legal guns due to gun accidents, escalation of arguments, stolen weapons, and other types of mortality.

And yet, the U.S. Constitution, as recently confirmed by the Supreme Court, guarantees the right of the people of this country to have weapons and to carry them.

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Arizona, Take Off Your Rainbow Shades

A month ago, Arizona passed a law requiring all police officers in that state to determine the immigration status of anyone they came into contact with if they had "reasonable suspicion" that their presence in the U.S. was not legitimate.

Of course, we liberals and civil liberty huggers were up in arms. That law was clearly a violation of the Fourth Amendment protection against unreasonable searches, an obvious attempt to add security at the expense of the constitution and our personal freedoms.

I'm not talking about the personal freedoms of illegal immigrants. I'm not even talking about legal immigrants, who are already required by law to carry their papers at all times (as the law's proponents are so quick to remind us). I'm referring to the personal freedoms of legal citizens.

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Cycing Q&A

May is National Bike Month. Colorado bike month is June, so we can celebrate twice as long.

This time of year, when more Boulderites are out cycling, is always a time of conflict and uncertainty, and non-cyclists often have similar questions.

Why do you dress funny?

Every piece of a cyclist's outfit serves a purpose -- comfort, visibility, safety, convenience, mechanical efficiency.

Our cleated shoes aren't made for walking; they transfer every bit of power to the bike. High-tech fabrics allow for less sweaty multi-hour athletic sessions. Padded shorts keep our privates comfortable on that little seat. Colorful jerseys may represent our club or team, or our favorite professional cycling team. Rear pockets are out of the way and stuffed with snacks and other cargo. We can easily take off arm or leg warmers and stow them there, too.

Remember -- your favorite pro in any other sport probably wears an equally silly outfit.

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