Tags: charter
Jimany Christmas, Batman! It's the Joker Again!
December 11th, 2009Link: http://www.EyeOnEnglewood.com
As we move into the solar energy age,the City of Englewood is faced with many choices, some of which are being watched closely by the City of Lakewood. Unfortunately, the Englewood City Council has narrowed all this down to just one choice: Should they or shouldn't they accept an offer from a company named AMERESCO for a 25 year commitment to solar panels.
A company named AMERESCO has offered to do an energy audit of the municipal buildings if the City will commit to a 25 year contract for solar panels.
The City rents the main building known as 1000 Englewood Parkway. The Service Center is surrounded by tall trees that would require being chopped down in order to use the panels and the Recreation Center already has windows surrounding the South facing direction for optimum heat absorption between the prime sunshine hours between 10:00 a.m. and 2:00 pm, four hours per day.
How do the citizens of Englewood know that they will receive the latest, best equipment from AMERESCO? Is it last year's technology? Will it be outdated next year, and taxes be locked in to supporting the equipment for another 25 years?
I remember when health clubs would "hard sell" a 10 year membership to young men and women. Unsuspecting people rarely realized how their lives and movements would change, or how health technology and the companies would change or evaporate into thin air in a mere ten years. Then, think about solar and wind energy being on the move today!
The City is committed by Charter to offer competitive bidding. Belmar Green is a vested developer of green energy and Englewood would do well to pay attention to the choices they are making. One contractor, (anonymous) who often works with the City of Englewood is surprised to learn that there are no public offerings on the table so that he could make a bid himself on helping the City into the green age. An obvious competitor might be Namaste Solar.
Why not turn the tables and offer Englewood to AMERESCO or another company as a green study in exchange for free technology? Certainly, the early technology would warrant this kind of offer from a city the size of Englewood.
What will it cost Englewood in the end to repair the roof damage or to maintain the holes in the roof or to take down the obsolete equipment?
Solar energy is not simply used for heating and lighting, but in the case of Englewood, also for air conditioning.
Energy employees at the City of Denver were asked by a source named, "Mitch" how they keep the Capitol cool in the summer without air conditioning. They stated that ventilation is a key often overlooked by consumers. They also suggested the City buildings turn off the hot water during the summer months since bathing is not an issue in commercial buildings.
On the other side of the coin, how would solar panels impact the heating bills? AMERESCO proposes a 10,000 watt or 1% decrease in the monthly bills. This is nowhere near what wind energy could provide or geothermal energy.
Certainly, an updated generator grid would be an option for Englewood since it is the flow of the distributive power being generated that actually effects costs. Until the flow of energy is changed to disburse the energy from its source to its destination, it doesn't matter if every business in America has solar. It is the shortest route that brings the costs of energy down.
Concerned Citizens in Englewood (ECOG) assert that the City can save more money by changing the light bulbs in the building to energy efficient ones, and upgrading insulation or even triple paning the windows before trying out solar panels on a 25 year locked in commitment to AMERESCO.
Jimany Christmas, Batman! It's the Joker offering the Mayor a City deal of the century! Then again, its the Mayor who had his own home recently fitted with energy panels. And, after all, it's not his own money he's committing for 25 years.
Matt Crabtree? Mayor Jim Woodward?
October 25th, 2009Link: http://www.EyeOnEnglewood.com
A Halloween yard decoration witch crackles at my knees. “It only takes a few little beggars to spoil the stew!"… I am meeting up with Matt Crabtree on his early morning campaign rounds in Englewood.
“So Matt, with only seven percent of the vote in at Nancy Doty’s office, I thought I’d track you through the leaves and see what good you might offer for the people of Englewood.”
Matthew Crabtree’s open face begins to shine in the chilly open morning sun.
“I hope I can bring some.” He nods and smiles.
“What have people been saying to you on the campaign trail?”
“Well, it’s definitely been interesting,” he admits. “I put my contact number on my door hangers during the very first weekend, I got some hate calls where people would say to me, ‘I know you’re a right-wing conspiracy nut and I hope you lose!’ Then, they would hang up anonymously without even given me a chance to respond. That was unnerving.”
“Are you a right-wing… whatever nut?” I ask.
“No.” He says emphatically. “Actually, if you look at the political parties, I align with my opponent, Woodward, but political parties should not be the issue in a municipal election. Non-partisanship input should be heard on the issues.”
“Okay, let’s start with the only issue Englewood put on the ballot this election. Term issues. Isn’t City Council hoping for a third term? If you get in, wouldn’t that issue also work to your advantage?”
“I was sitting in the audience the night the City voted to add that to the ballot. I almost laughed when I saw the Council vote yes on it. Personally, I believe that adding another four years to their terms is just a third-world prank of dictators.”
“Wow. Third world? Why?”
“Well, it doesn’t help any political geography when there is no change over. Our country’s presidents don’t even get any more than two terms in office. It only reflects our Council’s small-minded attempt to maintain control. So no, even for my benefit. I just don’t believe a third term is a good idea.”
“You’ve done well for being the underdog, Matt. I certainly see a lot of your signs all over, Matt, and I saw your bio in the Englewood Citizen. It looked authentic and focused. Good for you. Anything you wish to add to that?”
“Well, I think all three of us, Rick Gillit, Doug Cohn, and myself are running on similar issues. And we need to get all three of us into Council to make the change over.
“Accessible government, will re-instill trust. A cut in budget spending in the right areas will bring about true value for taxes. I want to bring in more businesses to Englewood and work with people to achieve a better community.”
“Right now the Council has sat on their hands too long. They put requests from residents and businesses into a holding pattern.
“None of them have received any training from the City on the code, or how their roles interact with Colorado law. They have no idea how to research their own code or come up with creative and timely direction, so everyone suffers.
“It’s one thing not to require legal knowledge when you get elected. It’s just not acceptable to continue in that ignorance year after year. They have a job to do. It’s not just a social board. We can’t afford to have them remain ignorant year after year.”
“Hey, must be trick-or-treat in Englewood!” I laugh.
Matt clears his throat. “I’ve watched people actually cry in front of Council, begging for relief, and Council sits there enjoying the power they hold over them. That’s their response. The Mayor did not even know his own job description two months ago when a resident was asking for relief. The City Attorney had to cut into the Mayor’s response, and correct him… ouch!”
I agree. A Mayor should know his City code and his own job description. But, my feet are beginning to hurt and Matt still has ground to cover, so I ask, “Anything else?”
“Well, I think it’s backwards for Englewood to cut out the people’s parades, theater events, social items like fireworks, festivals and concerts as a means to cutting the budget.
“Those kinds of events create community. Great signage creates an interesting community. Community creates tax revenues. I want to be pro-active, not a small-minded micro-manager of someone else’s business.
I say, “Oh, did you hear that Mayor Woodward has some flyer out there telling people to call him before they vote for Matthew Crabtree?”
“Ha-ha, Yes I did. Someone I know in District One took him up on that offer, and called. ‘You know what Jim said?… He said the Appellate Court had overstepped its authority in Englewood and that is why Englewood lost the signage war on Broadway!”
“You gotta be kidding.”
“No. I’m not. City Council, in my way of thinking, should be servants of the law. Not the other way around. The present Council thinks they can do anything they want just because they are “Home Rule".
“I actually believe the Constitution is still alive, that Colorado statutes regulate Home Rule and that Englewood’s City Charter holds the limits for our code. If our codes come up against those laws, then they are wrong, and I hope to lighten up the load legally on our businesses and residents when I’m on council.
“Well, I hear you are making friends on the campaign trail. Keep going to those neighborhood parties and just enjoy the process buddy. I gotta go to work.”
Matt shakes my hand firmly. “Me too.” And shouts at my back, “Have a happy Halloween, Bill!”
Judicial McFoolery
September 4th, 2009Link: http://www.EnglewoodStory.com
With sentencing still scheduled for October 9, 2009, for City Councilman McCaslin to have circulated the petition for Judge Atencio's inclusion on the November ballot to the Bartnick's neighbors on Pearl, who were witnesses in the case, seems like a clumsy attempt for payback, and perhaps unethical. If the Englewood judge is elected again, his salary is set over $121,000.00 annually.
On Thursday, August 13, 2009, witnesses for Englewood prosecution foiled the City’s plan to validate the prosecution of boarding house owners. Tricia Langon, Senior Planner, testified that the boarding house amendment “was not returned to Planning and Zoning Commission for their approval, because only major modifications or amendments to the code are returned to the Commission for review.”
Langon also testified that despite the Council’s October 6, 2008 enactment of Ordinance 55, (Boarding Houses) such residences are not businesses, but regular residences. They are not home occupations, and they do not require a license.
The jury was then released early, with the judge and prosecution both recommending the legs of the boarding house ordinance be dismissed in favor of the Bartnicks, and remanded to City Council for review.
Defense immediately went to the throat of the validity of the Ordinance because the Englewood City Charter, Section 58, declares that ALL modifications or amendments to ordinances must revert to Planning and Zoning for study and recommendation, even if the City Council chooses to disregard the recommendation. This is to prevent hasty enactments which often fail the test of justice.
The role of the volunteer citizens’ Planning and Zoning Commission to obtain legal council on proposed zoning codes as to fair housing, equal access and other zoning issues, while civil engineering counsel can ascertain measurable densities and standards. Hasty decisions also circumvent justice simply because they feel like a hard pressure sales job. Only time can allow that kind of intimidation to subside in favor of common sense.
The City circumvented its own Charter many times in the making of new Boarding House provisions, but this was the instance for Defense Council’s request for a directed verdict Thursday afternoon.
Judge Atencio taken aback, hemmed and hawed, and then declined his power and duty to declare summary judgment finding accurately that “what Defense is asking cuts to the heart of the ordinance”. Judge then determined “to allow the jury to decide the facts.”
The electric moment of truth was over. What was left of the material facts is unclear, as Tricia Langon had also admitted to the Bartnicks having pulled proper permits for zoning, but that under the new ordinance, parking areas require paint striping. Striping is an interesting dilemma if, unlike the Bartnicks whose back parking area is paved, the homeowner’s parking is unpaved. Keeping paint on dirt parking might prove to be an expensive year around feat for Englewood residences.
August 14, 2009, the jury, unaware of the previous days’ electricity, was sent to deliberate. They found the Bartnicks guilty of a shell of an Ordinance.
The implications of the Englewood verdict relate not only to setting City precedence for ungrandfathering pre-existing properties into newer codes, but also as to human rights and property ownership, the right to freely associate in the privacy of your own home with whomever you wish. If a neighbor accuses you of being unrelated, so be it.
What City Councilman, Bob McCaslin, was unable to accomplish for his friends, Ron and Robin Noffsinger, through Council legislation,
he turned up in the middle of Pearl Street to celebrate Saturday morning after the verdict was won through judicial McFoolery.
McCaslin's zeal short-sighted his actions linking the Englewood City Council to the very neighbors who had listed their names as witnesses against the so-called business. These neighbors each signed the good-old boy petition for re-election of small town political Judge. This is the same Judge who had refused to recuse himself earlier in the case.
Matthew Crabtree, challenger for the At-Large Council position, stumbled upon the judge's petitions for re-election, thus the confirmation of the City Councilman's conspiracy with the neighbors and the judge, when the clerk gave them to him on September 2, 2009.
The Judge is running unopposed this November. McCaslin is not up for re-election until next year.Englewood's Hidden Financial Gates
March 29th, 2009Link: 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.
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