Eye On Englewood

Link: http://www.eyeonenglewood.com

During June 7,2010 City Council meeting, the Denver Christian School requested a business variance to open a second hand store on Broadway. The history underlying this request is that the latest version of the Englewood code prohibited various kinds of businesses, including thrift. But in this economy, beggars can't exactly be choosers.

Senior Planner, Langon, suggested changes in the code to enable the School to open their store front. The only question there is whether the code should lighten up across the board, or whether the school will receive preferential treatment.

The School also requested a change to the square footage. Again, Council debated the advantages against the disadvantages, and several district representatives admitted that they had no vision for what was to happen along South Broadway, and did not talk with the business owners, but only amongst themselves. Olsen stated she was concerned that there was no real downtown plan, and also concerned about allowing a subcategory for nonprofits. McCaslin recognizing the limits of government in a unprecedented moment, suggested that it was more appropriate to allow the businesses themselves to determine such things, and that it was better for Council to let out the rope.(See Council Bill 11, See Item 11.b.1 discussion.)

Mayor Woodward, however, suggested that Council purchase a new set of aerial photographs for $5,000, at "a real bargain" and that further he personally used the photos for code enforcement issues against business and residential properties comparing the last photographs were taken. (Item 11-a.1. Council Bill 13).

"With a $39,953 loss anticipated this year,and a 2.5 million dollar deficit in the City, I am very disturbed about our cavalier Council," reported Rick Gillit after the most recent financial presentation at Monday's City Council meeting.

The votes are down the line, six to one, six to one, six to one, but District 4 Representative, Rick Gillit is sticking to his Mantra: "Stop Approving New Spending."

Mayor Jim Woodward's response seemed insipidly lacking in perspective when he said, "Well you know, back in 2007, we were really concerned, but we had a super situation and we came out on top." In 2007, Englewood was still rechanneling sales taxes from Cherry Hills and Greenwood Village. Englewood can no longer do that, so it must either amend it's spending or enact a higher tax on the people in order to make ends meet.

"I am very disturbed at this ongoing trend. It terrifies me that this Council just doesn't care." Said Gillit. Thankfully, Commissioners on the Board of Adjustments and Appeals stood up and took notice themselves in this week's Board meeting directives to the Englewood City Attorney, Nancy Reid.

In the BOAA meeting, two private land owners approached the Board because the present Englewood Code was inappropriate for their properties. Research performed by Commissioner, Douglas Cohn,was presented, showed that,

1. Englewood had originally drafted its zoning codes after Denver's zoning codes in the 1903 (Mayor Jacob Jones, and afterwards, with Mayor Daniel Sutton). These codes established the typical lot sizes as 25 feet and 37.5 feet wide.

2. Mayor Woodward had changed the entire zoning code (E.M.C)in 2004 off of a generated template from the Municipal League of Cities. This code replaced the old lot measurements with a minimum of 40 feet wide.

a. the template was geared towards new emerging cities, not
existing, and did not apply to Englewood's historic issues.

b. the new Englewood Municipal Code did not grandfather the
residents' pre-existing properties or conforming uses.
Therefore, all lot sizes under 40 feet wide are automatically
non-conforming in use.

c. The enacting of the new Code in it's entirety rather than
in smaller topical sections that had time to be reviewed and
researched in detail, violated Constitutional restrictions for
enactments.

d. Owners and developers are encountering logistical conflicts
in these last few years, throwing the City into numerous
lawsuits due to lack of foresight.

e. Owners cannot sell existing residences as a "conforming use"
and are forced to sell them as "non-conforming" uses at a loss
of value because they are under 40 ft wide.

Chairman John Smith III,'s ire was raised, as a multiple property owner and landlord in Englewood. He spearheaded the ensuing discussion and both of the residents approaching the Board for variances this week obtained their objectives. Chairman Smith and the Board of Adjustments and Appeals instructed City Attorney Reid to direct Englewood Mayor Woodward to revisit and amend the zoning code accordingly. The code is the Mayor's own yard work.

Link: http://EnglewoodStory.com

An interesting fact about Englewood's definition of household is that in 2004, Mayor Bradshaw enacted it in violation of the City's official purpose to mirror it's household code with the average of surrounding cities, the size of Englewood.

Instead, Englewood's definition of household became the most narrow of all.

In 2004, the newest legal definition of "Englewood Household" was enacted against Planning and Zoning Commission's recommendation of having no less than 4 unrelated people, that being defensible by law. This number also mirrored the median of other similar communities. Finally, that number seemed forward thinking enough to include developers' aims to build larger homes.

With City Attorney Brotzman's help, however, the definition of Household is being used to target people hosting exchange students, out of work sister-in-laws, x-spouses, or visiting friends in summer.

In one case, the City prosecuted a boarding house of artists in Englewood, knowing full well that it was a boarding house, but choosing to prosecute it for the definition of household anyway. The City's definition turned out to be too vague to use in the prosecution and it was dismissed secretly (against criminal rules of procedure) that dismissals must be procured only in Open court.

In another instance, an out-of-work family was forced to leave his Englewood sister's home or she would face prosecution for violating Englewood's definition of household.

In Englewood, there is no freedom to have an elder hostel or youth hostel for travelers.

But, Englewood doesn't come right out and actually define the terms of their narrow codes. They cannot do so legally, because of anti-discrimination laws.

Recently, when not-in-my-back-yard philosophers complained about 2 students living in a four bedroom home with the owners, the City reinvented the code for Englewood Boarding houses. Still, they did not define what Englewood's code meant by "related" or "unrelated". After eight months of debate and drafts, the new code was reenacted with the same mistake it had originally. It was too vague to prosecute.

Nevertheless, such residences, as of October 6, 2008, have been legislated by color of law out of all Englewood residential areas and into multi-family zones with apartment buildings or industrial areas.

Since Boarding houses are not permitted to exist in an apartment setting, the purpose of relegating them to the apartment zone is a little obvious. The message is: "Don't Want No New People... Go Away."

What is your personal definition of family? Has it ever changed with marriage, divorce or simply because of the situation someone you love finds themselves? Are you an inclusive person, or do you believe "every man is an island" and should traverse every phase of life without aid of any kind?

Are you one to practice entertainment or hospitality? Many cultures value hospitality above all. One of the most valuable times in my life came when I spent a year abroad, living with a family. In Englewood, by Englewood Municipal Code, this arrangement of hosting a student is illegal and criminal if you also happen to have a stepmother, sister in law or uncle in the home.

Is a Realtor's liability compromised if she sells an Englewood bungalow to an unmarried couple with children?

Perhaps you own a three-bedroom rental in Englewood with more than two unrelated people living in it?

No wonder Englewood's Flood Middle School closed in 2006. A City's duty is to be creative in attracting families, and one of those ways is to be hospitable to nannys, cooks, gardeners and... grandmas. Englewood is too closed minded to appeal to the upper class.

Mother-in-law cottages in Englewood neighborhoods used to be popular and useful. Now, they are illegal. The code works to isolate people rather than promote neighborliness.

Why doesn't the City encourage housing for students attending schools nearby? Instead, it prosecutes any more than two renters per home, regardless of the size of the house.

Students are on the cusp of finding a mate and settling down. It's likely they will stay were they have found friends rather than enemies.

Some people believe that the public officials are all that needs changing, and that the selective prosecutions of such laws will solve themselves.

But, If the law is unjust, is it unqualified to be law? Especially since variances cannot be approved for specified Uses according to zoning rules and the Appeals Committee.

If the neighbors are concerned with loud noises, with weeds, with neighborhood values, or with traffic, why not fight those battles with specific codes addressing those issues rather than by this government defining your family?

In 2004, when the definition of household had it's public hearing, one man testified about weed violations, and another about a neighborhood business with too many trucks.

A third testimony was that code enforcement and the police who were on the same block, turned a blind eye continuously. Employing the definition of household to these issues made no sense.

Does a renter, necessarily just because he is a renter, fail to plant flowers or a garden or mow the lawn? We all know of home owners who allow their properties to fail. The issue isn't really one of relationships at all.

And, since when was it government's business to determine relationships within a home?

If the City wishes to legislate morality, then they should, but don't throw the baby out with the bath water. Hospitality is a cornerstone of our society. Never more than this time, in global bank foreclosures, housing crises, and business crises, will your family's generosity be remembered, honored.

Except... Not in my backyard.

Link: 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!”

Link: http://www.EyeOnEnglewood.com

If Steve Schalk and Jon Cook have their differences, these developers agree on one thing. With the present economy, and business lagging on Broadway, Englewood’s signs, banners and mural codes need an overhaul. Mr. Schalk (pronounced shock) is the owner of the Gothic Theater and also Moe’s Barbecue and Bowling Alley near Dartmouth. Cook's newly developed business at Yale and Broadway hosts Colore! Italian cuisine.

On Monday evening, Council was treated to an entourage of complaints from unreasonable sign codes to moms, dads and little kids about dogs rushing them and jumping them in parks. Apparently, the city has decided not to intervene in the parks between unleashed dogs and children by putting up fences. They cited expenses for this consensus. But, a father, also appearing as a professional educator, addressed the liabilities the City would incur if even one child was bitten, and they had not chosen to protect humanity above the beasts.

One mother reprimanded Councilwoman Wilson for physically turning her back while an honor student presented a video on unleashed dogs at last Council’s meeting. Wilson apologized and said she was only searching for something in her purse.

Between these complaints, was an attorney representing the medical marijuana industry warning them about their vote on a moratorium and offering his legal aid free of charge to develop appropriate ordinances.

Laurette Barrantine addressed council on their ethical abuse of Citizen seats on boards and commissions stating the conflict is not just one of finance, but of power and the appearances of undue influence. She tried to clear her own name as the Council had previously claimed she had held a seat on Code Enforcement herself during her term on Council. She stated that yes, at first, this was the case, until she recognized there were ethical issues, and resigned from the board. She challenged both the Mayor and also Jill Wilson to take the high road and accused them of defaulting to what City Attorney Brotzman informed them they could get away with.

Another interesting spokesperson was Laura Bartnick representing her household as a Small Group Home, and requesting the Mayor use his trump card to set the City’s reputation aright or else send her an official letter to specify as to what “full compliance” with the City's remaining two regulations would look like. Her boarding house won two and lost two which didn't get dismissed yet the implications of it are still unclear. Her comments included that the City has not been forthcoming with codes or communications over the two years she has been seeking their help. She related to me that the City’s intention has never been to grandfather in their home, and it has been an unending expensive game of chess or cat and mouse.

There is an old adage, “Just when I found the answers, they changed all the rules.”

During Mayor’s choice at the conclusion of a long evening, he responded that it was unfortunate, but because the City was a Manager Council run government form, that his hands were tied as to the municipal court findings, and he could not see how he could help the Bartnick household.

Attorney Brotzman leaned over and whispered loud enough for the audience to hear, “Yes, yes you can.” (Listen to Mayor at bottom of the page).

A spectator commented, “Does anyone know who the Mayor is here? Because it doesn’t seem like he knows who he is or what power he has.”

If Mayor Woodward gets re-elected this year, he will have served more than two terms on council and by the time he is finished he will have tucked 10 years under his belt.

Well, it was almost midnight and Cinderella and I were both about to turn into pumpkins, so I hit the road.

Link: http://coloradocommunitynewspapers.com/articles/2009/07/27/englewood_herald/news/24_tm_cncl_candidates_en.txt

During a study of medical marijuana venders last Monday evening's City Council, information that four existing city approved storefronts on Broadway surfaced. Other proposed venders slated for Englewood storefronts became the hot topic, enough to get a consensus action to establish an Emergency Moratorium.

Douglas Cohn's comment last year to Council regarding real emergencies and false emergencies has come full circle. He spoke during the false emergency moratorium on boarding houses and said, "When I first learned of a City emergency ordinance, I thought that perhaps you were taking notice of the foreclosure crises or that you had found a new way to handle drug houses in Englewood. That wasn't the case, and I have an issue with you folks abusing the City's definition of Emergency and Emergency Ordinances."

Personally? Four alternative drug venders on Broadway certainly seems suspicious, while only a short while ago, other herbal dispensaries were hard fought to win the privilege to exist in the competitive established models of medical fields in Englewood.

I spoke with one man outside of a clinic known as Patients Choice of Colorado. "Mike" was injured riding rodeo. He said the only thing holding his back together is the nuts and bolts. He said he was "dead" in his bed when he revived and that he has seizures from his brain being ripped from his right eye backwards.

Mike said he can tell when people are faking the need for marijuana, and that they could ruin it for all others who use it instead of heavier pills otherwise prescribed. So, Mike is a proponent of City licensure by application.

He believes that an application should sort out whether a dispensary is qualified to prescribe because they would know the answers to certain questions of which strains of the drug help which ailments, and what the various side effects are.

He pulled out his State license to use the drug for medicinal purposes and pointed out that high schoolers and other pleasure seekers could not lawfully obtain marijuana without the license. With a license, all is well. Without the license is quite another story.

Doctors could lose their license, their living, their home and wind up in federal prison, because it is the federal law that takes over when a violation occurs. Buyers would experience the same repercussions. However, Mike's concern is for the building owners who leased their premises to the errant tenants. In that case, the entire building would be caught up and confiscated by the FBI or FTB.

Matthew Crabtree, candidate for Council, and owner of the grassroots website for accessible government, ECOG, also voiced his concern to a group of concerned citizens when he said he had known someone who was a landlord where the tenants were manufacturing fake money out of the garage and paying rent with it. Not only did the landlord lose his rent, but also his rental property was confiscated.

Reality speaks. Either licensed marijuana dispensaries should own their own storefronts should they overstep their licensed privileges, or the City should draft a law to pre-empt the feds confiscation of the storefront belonging to an innocent party.

My hope, because this issue has already been approved by the State of Colorado, is that Council holds a hearing on the merits of the real Emergency as well as the City's own censurer process and what exactly they hope to protect.

Protecting business economy, private property and City taxes are all well within the reach of city government. Perhaps the new contenders for Council in November 2009 elections, will add protections to property within the boundaries of Englewood's Home Rule so that the wrong person doesn't lose his shirt, or his shop, to the feds.

Link: http://www.EyeOnEnglewood.com

John Moore, District 2 Council Representative in Englewood, cut off Candidate, Rick Gillit's presentation this past Monday during his presentation to City Council regarding John Moore’s flip-flop routine on a variety of subjects. John stated that Mr. Gillit’s 5 minutes were up, and that he would respond later in the evening to Mr. Gillit’s “campaign tactics”.

Mr. Gillit complied immediately, though his humiliation was felt by the tense audience. Mr. Gillit did however rebut the glib insinuation that his interest in civil ethics was merely a campaign gimmick. After all, Rick Gillit has been representing the people of Englewood and their concerns with this Council’s unethical practices in budget, code irregularities, open meetings issues and real estate grandfather problems for well over a year.

Suddenly, since he has declared himself as a District 4 Candidate for Change, Mr. Gillit is being shut down or threatened by the City bouncer. A police officer standing by is ready to physically remove any resident who does not finish his or her presentation in the time allotted, and ousted from the Council Room and charged with “Disrupting a Lawful Assembly.”

When Rick Gillit was asked how he felt about John Moore's political strong arming, he responded, "John Moore accused me of using Campaign Tactics. Too funny. I have been presenting for two years and been a candidate for over a year but now he accuses me of using campaign tactics".

The problem with threats and rancor from Council is that no-where does the City Charter or City Ordinances mandate that a citizen who appears to present an issue must be limited to 5 or even 10 minutes. These times are arbitrary and are utilized by Council to Intimidate and Abuse (in the criminal sense) those who express disapproval.

Colorado Revised Statute 18-9-108 defines “Disrupting a Lawful Assembly” this way. “A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.”

In other words, intent to prevent or disrupt a lawful meeting is a required element of the offense. Even if Mr. Gillit had engaged in some kind of campaign tactic, this is not a lawful reason for Mr. Moore to shut him off and close down his presentation so rudely.

In other situations, this same Council has permitted a group of presenters who were unsure of what to say to stand up and give their allotted time over to one teacher, Pearl Street resident Gregg Alan-Pickett, who was used to giving professional presentations. Council allowed Mr. Pickett to present slander against law abiding residents of different color, race and religion, why? (May 5, 2008 minutes) Because he was serving the Council’s particular end to outlaw “Poets’ Rest” a private residence for students in Englewood.

When it came time for rebuttal, however, Mayor Woodward chose to utilize undue influence and interrupt and shut down a foreign student's presentation who resided in the home and stood for Poets’ Rest, why? (September 2, 2008 minutes) Because he was opposed to Council’s intent to remove the residence.

Process is important when reviewing the facts, and hearing out the full concern of a resident is the only fair thing to do. Will the November 2009 Elections in the City of Englewood may be able to unseat the rancor of power that has existed of late?

A candidate who has exercised his own private investigations into facts of the issues might prove to be a dependable alternative to the status quo. Elect Rick Gillit. Electric Gillit!

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

la,lah...Always turns out this way....

While listening to the minutes on the http://www.englewoodcitizens.org/ site, the McCaslin charade about championing the new cat leash law for resident's wayward domestics had me in a fit of tears. Bob's Comments How can the man take himself seriously? Is McCaslin going to run on this Cats-On-Leashes platform?

Then came the discussion on picking up strays and neutering or spading them and letting them go back to their neighborhoods after. "Because of course, they have their purposes catching rodents"... Was that Wayne Oakley?

Jefferson demurred that he was "only concerned about the humane effects of the traps." Jefferson's comments.

Cats are like people in that they cannot reproduce to catch rodents if you sterilize them all...crazy little fact of nature. Is Englewood on a hidden mission to eliminate cats? The nature of cats and dogs are different, is that too obvious to mention?

But, it could be a value for dollar to take your cat's collar off and let the city sterilize it for you. Or, perhaps you are a concerned citizen who believes this secret sterilization is a bizarre budgetary line item in the City's policy expenditures.

After this, Matt Crabtree addressed Council with concerns about the enormity of funds given to Community Development.

Mayor Woodward replied (during Mayor's choice at the end of the meeting) that he is offended that he has to explain himself, and is getting impatient with his feet being held to the fire. I found his comments a little catty. Perhaps he hadn't realized that by this time, Council had switched subjects.

It occurred to me how much better Englewood City Council is for weekend entertainment than any other vice out there. Well, maybe you'd best get a few beers before you sit down.

Because then came District 4's candidate for change, Rick Gillet's, articulate complaint regarding Council Woman Jill Wilson's double duty as a member of the Code Enforcement Advisory Committee as an ethical conflict
1) for taking a seat that a citizen might better serve on,
2) for using undue influence and her power as a City Council woman with inside information flowing both directions,
3) for the public perception of undue influence.

Responding to Mr. Gillet, Mayor Woodward and Councilman Oakley, each stated that yes, they could see how there might possibly be a conflict, but he and Oakley were hesitant to deprive Councilwoman Wilson from her seat as she is their friend and associate and they believe the best of her. Oakley specifically stated that he believed undue influence was not the same thing as abuse of power. After all, Wilson only gets the same singular vote as the next volunteer board member.

What they failed to address was the fact that Council's interests in reporting on citizens for code enforcement (I)nformation or action by way of (S)ervice has trebled in 2008 compared to the 2007 record of Council Requests, and it has doubled in 2009.

The facts show that Wilson's influence has indeed grown in both directions, not only her opinions to the Code Enforcement Advisory Committee, but also directed from the militant power of Counsel against specific addresses and named residents.

When she asked City Attorney, Dan Brotzman, whether she could ethically vote for herself, he advised her that she could do so as long as she didn't believe she would be gaining anything economically from her vote for herself.

Thankfully, Rick Gillet is a candidate for District 4, up for election this November, because he has the courage to go to bat for a more accessible government in Englewood and are up for November Election. When it came down to a vote of the present City Council, Jill was still sitting on both Council and Code Enforcement. Council discussion and vote.

When I reviewed the 16 pages of Council's Requested Actions from 2007 onward, I realized that this Council has not been interested in drug abuse in the City, home foreclosures, increasing services or benefits to the public, or working on creative avenues to fill the storefronts.

Page after page is filled with hundreds of line items of Council members reporting on Citizens for Code Enforcement issues and requesting legal or police action. Perhaps your address is on this list?

As to finances, there is no special line item budget investigation requested, nor is there a request for background on any special funding or increase in staff salaries.

No-one on City Council asked for legal or civil investigation on the boarding house issue they enacted the new statute and ungrandfathered the current law abiding residents according to whim in 2008, nor did they investigate ways to resurrect the Englewood Parade.

Council did succeed in making residents so angry that on 2/11/08, Council requested information about how to provide security for their own council meetings.

On 3/24/08 McCaslin proposed a (S)ervice to "fine citizens without Court appearances," deeming them "Code Violators" without being given a chance to plead and defend themselves, to have a trier of facts in a fair trial. Bob, it is called the right to face your accusers. It is called "due process."

On 04/07/08 Wilson requests (S)ervice on EEF/EMRF Ordinances.

Recently Council members even requested and voted into approval a designated Code Enforcement person to attend to all of their personal complaints, including evenings and weekends.

On Monday evening, Council brought forward their "bucket" for holding new names on their power trip lists. They voted to extend their term limits from two years to three. Now, in November elections, Citizens get to vote on 12 full years of this Council's personal vendettas against them. By that time, they will hold a very full bucket indeed.

Council Member Bob McCaslin provided a motion for Council Bill No. 30, a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next regularly scheduled municipal election a proposed amendment to Article III, Section 22, “Terms,” of the Englewood Home Rule Charter.

Council Bill no. 30 is a measure to extend the term limits of each council member from 2 terms to 3 terms. This measure was brought forward originally during a Study Session by Bob McCaslin on January 26th.

Are you on City Council's list? Did you get a surprise visit from a Police Officer on or about the 4th of July to warn you not to set off fireworks in the City this year simply because you were on their list from last year? Dum, da da dummmm.

Link: http://englewoodcitizens.org/

Nuisance, (through Fr. noisance, nuisance, from Lat. nocere, to hurt) is a common law tort. It means that which causes offense, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance is defined by Englewood Municipal Code.

15-1-1:E.M.C. Applicability and Definitions.
A. The abatement of nuisances in the City of Englewood is hereby declared to be of local concern. It is the duty of all responsible parties including persons, property owners, firms, corporations, occupants, lessees, or any agents or representatives of the record owner or owners, to maintain property within the boundaries of the City of Englewood so as not to cause or maintain an act or condition which endangers the public health, safety or welfare or results in annoyance or discomfort to the public or damage to any property or injury to any person.

Wikipedia says, "Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the 'right of quiet enjoyment' is being disrupted to such a degree that a tort is being committed."

When neighbors squabble over nothing, depleting another's right to quiet enjoyment of their land, they risk being taken to civil court for the tort of nuisance. Who wants to be labeled that for the rest of their life? Maybe the devils in Tazmania, but not in Englewood.

15-2-1:E.M.C. Nuisance Prohibited.
A. It shall be unlawful for any person to commit or do any act constituting a nuisance.
B. It shall be unlawful for any person to create, continue or suffer the existence of any nuisance on any property under his control.

Although the City Manager maintains the duty and power to abate a nuisance, someone else's nuisance is not really his first priority. He sits above a private neighbor's hell, untouchable.

15-3-1:E.M.C. The City Manager's Power to Abate a Nuisance in Case of an Emergency.
The City Manager is hereby authorized to immediately abate or enjoin any nuisance existing in the City without following the procedures of this Chapter in the case of an emergency, whether or not such nuisance is specifically recognized by this Title.

There is also a City procedure form abating non-emergency nuisances.

15-3-2:E.M.C. Administrative Abatement Procedure in Non-Emergency Situations.
If, after inspecting the property on which a nuisance is reported, the enforcement personnel who are charged or designated by the City Manager with investigating nuisances declare the existence of a nuisance, the following procedures shall be followed.
A. Photographs and/or videotapes and written reports and findings shall be generated.
B. The responsible party or parties shall be determined.
C. The Code Enforcement Officer(s) shall have the discretion to informally abate the nuisance by speaking with the responsible party. In the event that the informal proceedings fail to abate the nuisance within the seven (7) days or three (3) days in the case of graffiti the Code Enforcement Officer may, at his/her discretion, issue a summons and complaint to the responsible party or shall issue a notice pursuant to E.M.C. 15-3-2(D).
D. If the nuisance has not been abated by the informal process or a summons and complaint has not been issued at the conclusion of the seven (7) days or three (3) days in the case of graffiti set forth in E.M.C. 15-3-2(C), a written notice in essentially the form set forth in E.M.C. 15-3-3 of this Chapter shall be served upon the responsible party by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, responsible party shown by the records contained in the County Clerk and Recorder's Office or in the County Tax Assessor's Office, or by mailing a copy of the written notice to such responsible party at such place or address by United States mail, certified return receipt. If service of such written notice is unable to be perfected by any methods described above, the enforcement personnel shall cause a copy of the notice to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, or by publishing on the City's official website, or by posting the notice on the property.
E. The notice shall state clearly and concisely the findings of the enforcement personnel with respect to the existence of the nuisance, and the section of the City ordinance(s) that have been violated.
F. The notice shall also state that unless the responsible party shall cause the abatement of the nuisance pursuant to the notice and this Code, the City may abate the nuisance at the expense of the responsible party or may issue a criminal summons and complaint or both.

Finally, there is the option of municipal court. But a Citizen cannot avail themselves of a Citizen's complaint in Englewood's Municipal Court. Head Judge Attencio has specifically and arduously declined to hear a common citizen or to intervene in a neighborhood nuisance complaint.

15-4-1: E.M.C. Judicial Abatement of Nuisances.
A. In addition to all other remedies provided by law, including those specified and set forth in E.M.C. 1-4-1, the Englewood Municipal Court may, upon a finding that a nuisance exists, issue an order enjoining the nuisance, authorizing its repair, restraint, removal, termination or abatement.
B. A responsible party found by the court to have caused a nuisance or allowed the nuisance to be caused or to be continued shall be liable for all costs incurred by the City to abate said nuisance. Such costs may be collected by the City pursuant to Municipal Court order, in a civil action or assessed as a lien against any property on which the abatement was performed as specified in E.M.C. 15-3-7.
C. Prima Facia Evidence. The issuance of three (3) or more notices of violation of this Title shall be prima facie evidence that the responsible party deliberately and wilfully violated this Title and may be punished within the discretion of the court as provided in E.M.C. 1-4-1. This remedy shall be cumulative with all other remedies.

What option does a resident being harassed by nuisential neighbors have? There is the option of a "No Trespass" sign, and the possibility of criminal prosecution for trespass.

7-6F-2:E.M.C. Trespass.
A. It shall be unlawful for any person to enter or remain upon the lands or property of another knowing that the consent to enter or remain is absent, denied or withdrawn by the owner or the person having lawful possession thereof, or any agent of such owner or possessor; provided, that this Section shall not apply to any reasonable entry seeking information or emergency shelter.
B. It shall be unlawful for any person to enter or remain upon the lands, property or vehicle parking areas owned, operated or controlled by any other person, business or merchant when the activity thereat is closed, not operating, nor serving the public and consent to enter or remain upon such lands, property or vehicle parking areas has been denied or withdrawn by a person having authority to do so.
C. Notice posted in the window of the businesses', merchant's or person's building or otherwise upon the property is prima facie evidence that consent to enter or remain is absent and has been denied or withdrawn.

Though in Englewood, getting the judge to hear your complaint is another matter. It seems the government of Englewood plays sport, and quite enjoys the obvious outcome of every offensive move. They can accurately calculate the odds. They will always win.

Link: http://www.englewoodstory.com

Last year, in the commemorative week for the Constitution, while City Council was at table to vote on a highly unusual Bill 38, Series 2008, the new Englewood boarding house ordinance, Mayor Woodward spoke up.

“Mayor Woodward said I find it ironic that the second item says 'whereas it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve and defend the Constitution against all encroachment' -- and it goes on. With what has been going on over the past few months, it just kind of hit home.” [He does not specify how it hits home in this case]

He, living as a man without his children, does expound in the September 15th minutes on page 14.

“I certainly believe that R-1 Districts are single-family residential districts. That’s what they were intended to be, that’s what they were prior to the UDC, that’s what they typically are…they are for families…. I tend to believe that… again, as I stated, boarding or rooming houses in future R-1 zone districts are not appropriate.”

Apparently, Mayor relies on an interpretation that single family districts should include him without encroaching onto the Constitution, but they should not include others without children, living in another big 4-bedroom home. Perhaps he believes homes are for appearances, but not for living in.

His definition of “family” fails to include himself. It is all very confusing, as is his understanding of constitutional rights.

Previously another Mayor, Olga Wolosyn, commented during the same commemorative process that the Constitution was “an elegant document.” Both comments give pause for reflection. Mayor Wolosyn’s because she was a known patron of the arts in Englewood, and to her the Constitution was a stylistic commemorative art piece.

Mayor Woodward’s thought processes gave him pause before he did a bad deed. The act that Council was about to undertake seemed wrong to Woodward, as it did to Council Member Oakley.

Thus, Constitutional nods appeared to cause Council to repent of their sins, go back to the drawing board, and correct the errors apparent. Woodward and Oakley presumed it permitted the boarders in the targeted boarding house a safe keeping from eviction.

Woodward admitted, “In this particular case, I do believe that there should be a grandfathering of this particular [unrelated family] that we know of.”

Untold to the Mayor, a new plan had already been drawn up by Council Member Joe Jefferson, the budding attorney in the group. In a calculated slight of hand attributable to the “tyranny of the urgent,” it was proposed the same evening; like a wolf in sheep’s clothing.

This proposal afforded a new grandfather condition for the targeted boarding house owners so that they could have an exception to the new boarding house rule if they could prove to the City Manager that they had obtained a final inspection on their home.

To the average citizen, the condition appeared reasonable, and a certain group of concerned citizens celebrated over beers that night.

Only the City itself and the boarding house owners were privy to the truth: In January, 2008, eight months earlier, the City had flat refused to act on their duty to provide a final inspection to the homeowners.

Though pleaded with, in person and by correspondence, the City Manager and a quorum of Council members had already conspired to interfere with fiscal relationships between homeowner and bank; homeowner and sub-contractor’s wages due.

The Catch 22, under the guise of Constitutional goodness and fairness, was that the City, having breached its duty to homeowner’s holding permits (contracts), now made the homeowners liable for the City’s breech in court.

Clever bunch, that.

Homeowners were thereby defrauded of their property rights…elegantly.

My question is: the authors of the Constitution, were they political idealists or did they actually compose a document to compel safety and freedom from tyranny?

When I consider the carnage in those forefathers’ existence, those who had lost fathers, brothers, sisters and mothers to political wars in the name of Catholicism, who had escaped raids, wars, beheadings, survived starvation, endured separation from loved ones, embarked on meager little ships as human cargo from Europe to American soil, then having a third of their survivors perish during their first Winter—all this, for what?

They traded all to ensure the dearest possession of freedom of expression, freedom of religion, and the opportunity to own and work their own land free of tyranny. They went so far as to provide it for even their enemies. Justice for all.

There is a famous story about a woman asking Benjamin Franklin what kind of government the authors of the Constitution had give the people. Benjamin Franklin replied, “A republic, ma’am, if you can keep it.”

Are these the words of an idealist or a pragmatist?

Are the words of the Constitution something to be exploited by Englewood’s government during Constitution Week by people who have no concept of the weight of the words on their shoulders?

Sometimes people get elected because they are crowd pleasers. They seem harmless until they are given responsibility, because they have not yet learned vested wisdom.

The molestation of the highest law of the land is not the defacing of a figurehead, but the degradation of everything our forefathers sacrificed for.

Link: http://englewoodstory.com

Perhaps Englewood, Colorado needs a Bill of Rights. There is nothing in the Englewood Charter or the City Ordinances or even the Municipal Court powers to protect the people. It is all wrapped up that the Executive branch, (Staff) the Legislative branch (Council) and the Judiciary (Court) protect the temporary powers, rather than the real residents and long term homeowners.

In a response from Carol Chamber's office of the Arapahoe County District Attorney determined that the word "may" found in the rules for how Englewood must operate determines the infinite leeway the City enjoys. It may, or it may not: completely within its discretion.

Everything in the City ordinances protects actions or omissions the City takes by the word, "may".

When it comes to ethical conflicts or the rights of the residents that employ this staff, the Charter and Code have determined that the residents have little to no opportunity to redress grievances, certainly no absolute right.

This issue can become a dramatic breech of trust between the City and a developer early on in the relationship between the parties given the following scenario.

Permit fees in the City are as arbitrary as they are indecent when a regular citizen who is in the dark as to contractor procedures applies for a permit or license with the City.

A Schedule of Fees associated with building permits in Englewood exists. However, Englewood records show it charged three times as much, a total of $2,990, ignoring the fee schedule which dictates a maximum of $999.00 for this structure's remodel fees.

The Building Department's reasoning? The structure's forecast appraisal totaled over $500,000 upon completion.

The project's owner complains, though, that they had already purchased the existing structure for $200.00 and only the appraised difference between the existing structure and the proposed structure should have been considered. It's a question of exact measurements, and the ability of the head clerk to add and subtract.

The city should have subtracted the present value of the home being incorporated into the final value.

Isn't this kind of public dealing called fraud? Getting something for nothing. Maybe it is only bad faith and unfair dealing.

In any case, there is no return of permit fees available in Englewood. Especially to those who actually rely on the law to defend themselves and make a scene. Especially then.

Some cities have incorporated a Developer's Bill of Rights. This idea protects developers as to vested interests in properties they have spent significant sums of time and money over.

But, what protects the actual constituency of Englewood voters? What holds the feet of their electorate representatives on Council to the fire?

A Bill of Rights would certainly do the trick. America's forefathers thought so, when they incorporated the Bill of Rights to the Constitution, and even the pilgrims to incorporating the state of Colorado believed the same so as to develop another famous Bill of Rights specific to Colorado. But, the Home Rule City of Englewood has kept all the power to themselves. And, yet, isn't this is the legal definition of "arbitrary power"?

Arbitrary power is the kind of political power that is based on whims of those temporarily in charge, apart from measurable, objective limitations of law, and the absolute right of redress.

In the 2009 November elections, the people of Englewood will be presented with an opportunity to even the weights of power on the scales of justice. They will be presented with an opportunity to enact a Bill of Rights and their own form of personal homeowner immunity for groundless or malicious acts of the City of Englewood against them.

It will paint a significant stroke to a beautiful sunrise in Englewood's currently repressed horizon.