Eye On Englewood

Link: http://www.englewoodcitizen.com

Dave Hill represented at the City of Englewood, on Monday evening regarding the celebration of a waterfall of income. The city's special water district will now earn approximately $2,000,000 per year because it just won a longstanding legal battle with the City of Aurora for 590 acre feet of water rights per year. Now, Englewood can turn around and lease these water rights to the City of Centennial, which is desperately in need of water.

No one likes to talk about dry history when they are celebrating a big splash, but just briefly, allow me to pour one on: Back in the late eighties, the Cities of Thornton and Westminster wished to keep Stanley Lake full to service more of their water directly for their cities' use. Englewood made a deal with them to allow 590 acre feet of it pass through to Englewood.

Along came the City of Aurora, and paddled out a later deal with Thornton and Westminster for their own water, but they left Englewood out. Englewood did not like its senior water rights being diverted, and for many years has dammed up the City of Aurora in a legal battle to return what belongs to Englewood. The matter was settled this week.

What's the value to you, you ask? According to Robert Cassidy, Englewood Water Board Member, about five million dollars per year! This is a huge benefit to Englewood businesses and residents because it should lower the water bills significantly. It should also stop the rate increase that was scheduled to happen this year due to the E.P.A.'s requirement on Englewood's water board to install a U.V. disinfectant system.

The cost of this U.V. start up equals approximately one year's revenue to Englewood from the City of Centennial's purchase. Putting it simply, hope for your household budget floats on water rights. Good Work, Water Board!

On the other hand, the Mayor recognized that a line had been crossed in the City's policy on overspending, funds which are kept completely separate from the special district Water Board. Mayor stated that City Council is forced to dig into the long term asset reserves 9.2% percent at this time. To help offset this topsy-turvey raft that's about to drown the budget, the City declared a fiscal emergency, on September 7, 2010, Monday evening. See Ordinances, Resolutions item 11. to click on the link and listen for yourself.

However, the Englewood City Charter specifically prohibits this kind of fiscal emergency, in Article V, Ordinances, section 41. Section 41: Emergency ordinances even to catch a fleeting interest rate are not permitted.

Emergency ordinances necessary for the immediate preservation of public property, health, peace, or safety may be introduced, read and unanimously approved by a quorum present, at any meeting of the Council. The facts showing such urgency and need shall be specifically stated in the ordinance. No ordinance shall receive final passage on the same date it is introduced; however, emergency ordinances may receive final passage by Council on the following day. Emergency ordinances shall take effect immediately upon final passage and shall be published within seven days thereof. No ordinance making a grant of any special privilege, levying taxes, incurring indebtedness, authorizing borrowing money or fixing rates charged by any city owned utility shall ever be passed as an emergency measure unless the indebtedness, or the borrowing of money has received prior voter approval, or the indebtedness does not require voter approval under Article X, Section 20 (TABOR) of the State Constitution.
(Amended 11-2-1965; 11-6-2001)

But a 2 million dollar annual gain is apparently not sufficient for Water Board Director, Stu Fonda, who approached City Council to pass a hefty increase on non emergency utility fees for whenever water or electricity is shut off at your home after hours or on weekends. This is only typically shut off for construction, but occasionally, as Councilman Bob McCaslin pointed out, an escrow issue could occur on new home owners, as happened to himself, where his own water was shut off after hours. This would effect landlords and property owners whose tenants have failed to pay their bills as well. The person on call would have the personal authority to make a decision as to whether to charge a citizen or not.

Requests to turn off sprinkler systems, or at a plumber's request are passed along to the homeowner at an initial new fee of $150, and $75 per hour thereafter. Pay attention, folks, the City is passing along their own failure to stay within their own budget onto your shoulders. Since this is not a matter of public safety or necessity, and the funds go to the special district, City Council should have negated Mr. Fonda's greedy little water request.

It was slightly amusing that McCaslin, at large, admitted he called the police and the fire department before thinking to call the water utility, and that this was the event nine years ago that spurred him on to Council to make better policies. (Uh...now's the time to bob in that pond with your thinking cap on, Mr. McCaslin.)

Could Englewood's budget discrepancies be a problem of priorities? During study session on Monday evening, a sells job from PLACE Ventura, seeking to relocate to Flood Middle School, was presented for well on an hour, asking the City Council for a four million dollar line of credit backed by the City. This representative of PLACE dressed poorly to be asking a city for so much money. His suit was cheap, his collar was wrinkled and his tie was slung low. His cohort, who had flown out from the East Coast to provide architectural services, sat behind him in blue jeans. Nevertheless, Linda Olsen was visibly impressed, and Councilman McCaslin asked excited questions. PLACE admitted in the presentation that if PLACE Ventura defaulted on such a loan, after utilizing say $2,000,000 of it, that the City would be left holding the bag.

After enduring this sales pitch for an hour, it was time to review the City Budget Crises. Ah, too bad. Time ran out. You can hear the all of two minutes given to this encroachment onto City Council's time for yourself. Have a good swim.

Link: http://englewoodstory.com

We all know that fear can be a closed gate to government. Ignorance is a closed gate to government. And, in a busy society like Englewood, Colorado, busi-ness is a latch to pry open government.

People go to work five out of the seven days of the week, and then with their limited time after work and on weekend, they prepare family meals, and set a bit of personal time apart for sports, activities, concerts, paying bills, mowing the lawn and cleaning.

People tend to entrust politics to the “politicians”.

May 4, 2009, The City's old spending habits were approved by an outside auditor who hammed it up with the City Manager, and then the spending for 2009 was processed unanimously by all seven council persons, without discussion.

The following 2009 spending is itemized:
*a nine year old truck is to be replaced.
*a 60% increase on everyone's sewer fees was approved.
*a 2009 shell of an ambulance is purchased for $135,313, which still needs to be outfitted inside.
*a tilling tractor with the deluxe package including a GPS system and leather seats is to be purchased for $95,598.19
*November Candidate, Rick Gillit, asked Council to give an official report of the $20,000 they just spent at League of Cities, but Council ran out of time for Joe Jefferson's report.
*$20,000 for a community garden was expended.
*and, during study session, a grant of $5,000 was approved for Waste Management Company recycling, costing the City only $4,500 out of the original $9,500 price to recycle. For what? Isn't this the same service the Shriners offer for free?

Candidate for council, Rick Gillit noticed, "Not one council member posed the question whether the truck could be fixed rather than replaced or whether it could last another year or two?"

He said no-one asked, "What would a 30% sewer fee hike accomplish rather than a 60% hike?" or "What would a shell of an old ambulance cost to be refurbished?" or "Why does the City's tilling tractor require a GPS and deluxe package?"

It sure brings up the obvious: Did Council discuss these issues elsewhere besides the public meeting? If they did, they have violated the Open Meetings Rules and Sunshine Act.

Another observer noticed that not one Council member asked, "Why spend $20,000 on a community garden when the City is having to cut back expenses by 15%? And, no-one asked, "Did we really need to spend all those hundreds of thousands of dollars litigating against our own people last year?"

Understanding the laws which govern a home rule city is as easy as reading the manual: The Charter is the City's Constitution. But after the year 2000, Englewood’s manual gained three inches of ordinances known as the Englewood Municipal Code, (E.M.C.). Thick with cross references, notations to history and previous laws, full of things from the criminal code, pensions, building codes, the court, and zoning issues.

I agree, it is a bit cumbersome.

But, what this old ticker finds inexcusable, is the unwillingness to research a topic when asked. Why aren't rules of fixed measurement and law applied to the interests of justice? Are budgets really just a matter of the whims of those in power?

Is it really okay to charge 60% more for water and sewer services during an 8% unemployment crises, just to spend it elsewhere on new Tonka Trucks?

The air of secrecy surrounding Englewood City Hall has been breached by a Citizen's group intent to record and make public City meetings. For months now Englewood Citizens for Open Government (www.englewoodcitizens.org)has published City Council meetings and study sessions, and just this week,they published a the fact that Englewood's Financial and Administrative Services Director Frank Gryglewicz, Accounting Manager Steve Dazzio and Timothy P. Mayberry, CPA, from Johnson, Holscher & Company, P. C. discussed the Comprehensive Annual Financial Report in private and concluded that Englewood passed the(CAFR)grade.

Secrecy is a fine gate to help government achieve its aim by locking out controversy. Secrecy fleshes out efficiency and may save someone a bit of embarrassment. But, is secrecy the right tool? A pen's cap can be used to pick your ear, but it may have other unwanted effects. What does the tool of secrecy compromise?

It forces a potentially good form of government underground. It makes the good guys wear porcupine quills when they find themselves above ground because they know what things are hiding below.

Efficiency is the sweetheart of secrecy. Efficiency can evade a just investigation of the facts and laws, making a clean sweep of everything but the outcome.

When an authority figure doesn't admit that he struggles with an issue or needs more time before he casts his vote on it, he never has to research it and then he can rely on his associate's opinion. It is much more efficient that way. Right or wrong, something gets done.

City Council looks ominous sitting high above the audience that addresses it. Like judges they sit, as if they are privy to the issues at hand and at law. But are they?

Perhaps they are only privy to the information City Attorneys secretly feed them. But if the City attorneys, the City manager has it all wrapped up, and the one power withheld from Council is to "interfere" with Staff, according to the Charter, Part 1, ARTICLE III, section 32, then why does Englewood need a City Council?

Maybe they are so concerned with appearing "on the same page" that they become only puppets and "yes men" to the City Manager. Certainly, if they cannot open a public court record and take a look; certainly if they cannot drive by an Englewood site to investigate an issue for themselves; certainly if they cannot respond to a Citizen's question or look up their rules for themselves, their counsel will leave something to be desired.

Most assuredly, if they are not allowed to ascertain budget reports or ask questions of the head of the building department, and absolutely, if they have some friends from high school bending their ears for loyalty, their input is less than objective or meant "for the dignity of the whole."

Shouldn’t residents take a second look?

Please excuse my waffling. I’ll get right to the point. November elections are upcoming.

Link: http://www.englewoodcitizens.org/index.php

Bill Offrights

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