Eye On Englewood

Link: http://www.EyeOnEnglewood.com

On February 22, 1010, Dianna Wray Tomasso was asked to speak during the City Council Study Session. Tomasso is a gifted, educated woman who provided her resume to the City of Englewood as her "two cents" in obtaining a National Historic Designation for Englewood's Broadway Post Office. Hear her presentation on ECOG website.

You don't have to listen very long to realize the Mayor and Tomasso had privately shared a letter from the Post Office and discussed the price the Post Office had suggested to pursue a place on the National Register of Historic Places. Deeming it to be substantially unfounded, Tomasso was asked to present her own bid for the project, which she did on February 22.

Whose property is the post office? Does it belong to the City of Englewood, the State of Colorado or to the Private Postal Service? It seems it is the duty of the owner to decide whether they wish for their property to obtain a place on the registry because although there are grants to be had, there are also extremely costly limitations and restrictions to building renovations that the owner may not wish to be subjected to.

It could be a wrestling match. The fact that the Mayor and Tomasso have included Representative Dianna Degette into the mix, suspiciously sets the post office up for a unfair fight by weighing in the interests of the entire State of Colorado to take away its own choice.

In any government building undertaking, a bidding process must be undertaken. Englewood skipped this bidding process entirely. It has it's own historic register of places on which the Skerrit House is listed, and another home at 2734 S. Acoma in Englewood. Neither of these homes cost $5,000 to simply apply for and obtain a historic status. But, a few years ago, Councilman Ray Tomasso disbanded the historical society in Englewood.

Another question one might have is why this $5,000 in payment was granted to Dianna Wray Tomasso in a private study session on February 22, 2010? Aren't policies and unbudgeted changes to the City's finances supposed to be published for a public hearing or sent to the vote of the people? Nevertheless, when Councilman Rick Gillit, confronted the rest of council with what they were about to vote on, City Manager, Gary Sear stated that he had the authority to do it on his own and the fact that he was allowing Council in on the action was simply a courtesy.

Apparently Council did not understand Sear's slight of them and his own undertaking of full power. They all voted affirmatively, minus Gillit's vote.

After all, Tomasso's offer was only available for the evening. The woman had to know immediately or would refuse to weigh in with all her experience and price tag to boot.

Once, again, City Council voted to spend the taxpayers' money without letting them know anything about the issue or the change in budget policy, once again ignoring the Colorado open meetings laws, obviating the bid policy and succumbing once again to Gary Sear's personal power mongering. After all, it was only a matter of $2500, or was it $2800, or Hmmmm. Maybe the City will be stuck with the full $5000 pay check to Tomasso if it fails to raise half from private investors. It's really not Council's money that Council is disseminating any way. It's yours.

Then, City Attorney, Nancy Reid, asked the City to consider another change in its policies. Apparently, the Board of Appeals has been having a difficult time with absenteeism, which prevents a quorum, and short a quorum in light of a hearing, means the parties must wait for at least another couple of months to be heard. The absenteeism of the board members is causing some grumbling amongst residents and developers trying to work in Englewood.

So, Ms. Reid requested that the problem be solved by allowing a faithful alternate board member to step in and fill the quorum space required. After all, he or she has not had a difficult time showing up for every meeting, but not being allowed to vote.

The request, being reasonable, was voted on and passed. Once again, I ask you, is a City policy change of any kind to be presented privately to Englewood Council and voted on in a study session where most residents are not permitted to speak?

Take Note. Voting records and official actions are mounting up.

The only way to change the status quo is to vote differently with better educated persons in the next election, but having just passed one in November, you must wait for a long long time, and who knows what other policies will be enacted behind your backs?

Link: http://www.EyeOnEnglewood.com

The latest buzz is that America's insecticides are killing valuable sources of pollinators for most of the foods that are harvested. Wasps, characterized as omnivores because they eat tomato cut worms and other garden parasites, are sometimes hard to defend to hysterical children and allergic people. But wasps are like bees and only attack humans in self defense. This explains, however, why they love summer barbecues as well as the company we invite. Wasps can be annoying. But what about bumble bees, and other small bees, like honey bees?

Doug Cohn initiated a "bee friendly city" policy at the February City Council meeting in Englewood, which was well received. His suggestion is to have a list of people who choose to allow wild flowers throughout all the growing seasons to appear in their yards. Especially in back yards. This would mean a change to some of Englewood's codes. It would also mean a change to many people's perspective of beauty and bees.

Theoretically, the people on these bee registries would not be cited by code enforcement for growing certain weeds in their yards. Wild flowers include: dandelions, milk weed, asters, goldenrod, sunflowers, thistles, clover as well as the more popular Russian Sage, Butterfly Bush and Linden Tree.

I wonder what a dandelion garden would look like? Thankfully, all flowering vegetables and flowering fruits also help bees to survive. Because Englewood is an older city, one may readily see apple, apricot, peach, plum, and cherry trees, and raspberry bushes. Because of Englewood's weather, watermelon, tomatoes, cantaloupe and gourds also grow well.

Some people resist the whole idea. They would like to include certain flowers but nix the dandelions for instance. But Paul Hendricks, a bee keeper lobbyist, who lives in Englewood has experienced the extinction of most of his hives. He warns that bees need to eat throughout the growing season, so keeping the flowers and weeds that bloom in a domino effect are important throughout the growing season.

In the winter of 2006 the honey bee population began to die out. Since then, as much as 70% of some bee populations have died as a result of Colony Collapse Disorder (CCD). But try to imagine life without fruit, vegetables and even grains. Bees are required to pollinate these kinds of food.

When asked, Doug Cohn stated that he believes turning Englewood into a Bee Friendly City encourages the green agenda by eliminating many people's use of poisons over every inch of their property. These poisons are killing bees that are badly needed to pollinate many foods. The poisons also seep into the drinking water.

City Council encouraged Doug Cohn to present his ideas to Keep Englewood Beautiful in order to investigate and implement a working program.

It may be pleasant to have blocks of manicured lawns, but interspersing gardens and keeping brights spots in the yards means healthy pollination for foods for everyone. Roof top gardens are an important feature in many countries. Colorful roof top gardens would do more for green initiatives and the health of those maintaining them, than the expensive experimental solar panels on the City buildings' roof tops.

Link: http://www.EyeOnEnglewood.com

“Open, Open, Open!” is the public meetings law mantra in the State of Colorado. Ruling City Council activities throughout Colorado is Robert’s Rules of Order together with Colorado Open Meetings law, Open Records law and Sunshine laws. These insure the spirit of transparency and accountability of elected officials to their constituency.

On January 11, 2010, the public was initially denied access to this Study Session in which the public was about to be interviewed by City Council for Boards and Commission seats. Both Jill Wilson and Bob McCaslin attempted to keep a member of the public, Matthew Crabtree, out of the room despite the meeting being published to start at 6:15pm and already called to order and announced as a public meeting. This was in direct violation of the Colorado Open Meetings Procedures and Laws. When finally allowed to enter many of the council members were already discussing policy decisions. This audio can be found here.

On February 8, 2010, Mayor Jim Woodward takes responsibility specifically for what happened at the meeting in regards to Matt Crabtree, stating that the meeting was posted to start at 6:15, and stating that he had made announcements before the meeting started, although the public was entitled to be aware of that. This audio can be found at ECOG. at the Communications /Citizen Engagement audio, at recording point 2870.

In 1990, the City of Englewood adopted Resolution 48, Series 1990, which is a public policy of decorum at City Council meetings. It states that executive sessions may only be called by the Mayor upon the majority vote of Council. Council has regularly ignored its own procedures by holding secret meetings without them being called and voted upon prior to being held.

Executive sessions regarding real estate for public property has occasionally been cited for Englewood executive sessions, but there is no city right to hold an executive session for secrecy when the taking of private property for private use is the issue being discussed.

It seems the City of Englewood continues to be suspect as to its stated intent to be open and transparent. Attorney Brotzman stated that social engagements prevent all public meetings from being recorded, published and reported. He gave the National League of Cities field trip sponsored by taxpayers every year as an example of the difficulty in cross-over meetings. Englewood pays over $20,000.00 to belong to the NLC, and in addition, spends another $20,000.00 to send council members and select staff to the conference in Washington D.C. Several other issues of perception and transparency are also discussed in the above selected audio from February 8, 2010, which is published on the Englewoodcitizens.org website.

One of these issues is the City's latency with Comcast Channel 8. Comcast pays the City of Englewood a franchise fee for every household link, yet the City continues to say that publication of televised agendas or meetings are too expensive to air. Rick Gillit requested that City Manager Sears provide an actual cost scenario to back up Staff's reticence to air the meetings. The City's newest Water Plant Sewage video monitor cost $41,000. state-of-the-art, but LeAnne Hoffine's general assessment of costs for airing the meetings even on the City's own website was "$50,000 at the low end."

Newly elected City Councilmember, Rick Gillit, was personally skewered and quizzed for a half hour regarding his personal website EnglewoodCitizen.com as to personal transparency. Councilmember McCaslin specifically tendered his shirt sleeve because he was hurt that Gillit had not been transparent with him about personal matters. Gillit aptly responded that his personal life was not an issue of transparency. Nor, is McCaslin’s interpretation of transparency between councilmembers the issue at law. It is the accessibility of the public to the City’s business that is at stake. Englewood Mayor, Woodward, rather than obviating the roasting of Gillit, not only started the fire, but added wood to it repeatedly.

The Mayor’s duty according to Resolution 48, Series 1990, section II A is to “preserve strict order and decorum”. Decorum is later defined in the same document, VII.Q. “Decorum.

While the City Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City Council or its presiding officer.”

It seems clear that personal attacks from Jill Wilson, Mayor Jim Woodward and Robert McCaslin are not only a diversion, but a waste of time and inappropriate to the meeting.

More specifically, “Getting the Floor” section VI C. means: “Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate avoiding all personalities and indecorous language.”

Interruptions of each others' comments are also prohibited, section VI D. It is obvious, that the discussions at council are wasting time by addressing comments to and about each other rather than discussing the public policy listed and published for discussion. This is a very embarrassing situation in Englewood and must be stopped.

Argument about public perception ensued, but the obvious question regarding what the definition of "public business" is pertaining to the law never came up. Joe Jefferson suggested that negative public perception would be curbed if all of the public meetings were held in the same room. Jill Wilson suggested she should contact her constituency directly and assure them personally of the reality of the Council's intent to be open and transparent.

If transparency is Jill's concern, how can she vote to approve a City budget in October that doesn't get published until the next year? Why does she approve of keeping the line item budget in Englewood off of the City Council agenda and out of public purview?

Nevertheless, these and other material secrets are kept against public knowledge in that every Monday, City Council uses tax payer’s money to feed themselves. During a tough economic time, when so many people are losing their jobs, it seems unacceptable and nonconsensual that people who cannot spend $8.00 for their own Chipotle burrito are force to provide meals of at least $10.00 in value to each City Council member and attending staff, when the City Council meetings could be held a hour later.

The time retrieved by holding meeting a hour later, by City council showing up on time, and by the Mayor properly controlling the agenda and comments made out of step would cheer up the baby considerably.

Link: http://www.EnglewoodCitizens.org

God rest ye merry gentlemen, let nothing you dismay... and yet, there lingers dismay in the chill at Christmas for all of us.

In the midst of heartwarming carols, well wishes, and merry lights,where can one buy consolation? Do we turn to heaven, pray? Remind ourselves through candles of the all-sufficient God? Many religious communities recognize the power of identity not in the individual conquering the odds, but in communal sharing conquering together. As Dickens' Scrooge found out, the man who dies alone with the most toys does not really claim the prize.

Hence, the debate over government's duty to give charitably was intoned by new councilman, Rick Gillit, District 4, this Monday evening in the face of many Englewood charity requests amounting to $78,000. for many good projects.

While a government entity is made up of the many humans, and is considered a legal individual, in reality, there is no good will to be had from a system outside the animated collection of taxes and disbursement of the budget, and those who control.

In the face of a December 9, 2009 Memo from the Director of Finance and Administrative Services, stating in bold that tax revenues for 2009 were down by 11.1 percent less than 2008, still Council voted to disburse the maximum charitable spending. "Dogs for veterans of war" won out, as did "food banks" and the "Englewood High School", not for much needed school supplies, but for After Prom activities. "Arapahoe House" lost their requisition as did many others. City Council had budgeted $28,000.00 for charitable giving this year out of city taxes, and therein lies the question.

Since it's a religious time of year, let's talk the religion of gift giving in politics. Religious Scotts believe that government spending on the poor is a proper function of government because it is an efficient way to do the magnanimous thing for the needy. Religious Right Wingers ideally believe that they earned what they got and that no one should take it away from them by force (or by taxes). Religious Left Wingers believe more like the Scotts, that it is the duty of the whole to care for the needs of the vulnerable.

Does the earth and all it's primary resources really belong to the Able-bodied, Able-minded, well-financed? Are they Entitled? Or does the earth, the air we breathe, and all that is in it belong to the Lord and we, the stewards, are to manage and disburse, train and marshal?

It may be an age-old question. But City Council at least questioned it's role this Christmas before it voted.

Some Englewood Citizens believe the role of government is outlined in the Constitution and that charitable giving is not permitted. Especially in lien times. Two arguments: What says the Law as well as what says practical. But, in a Home Rule situation, a city can change the rules and throw out bits of the constitution. That's what Amendment XX gives to Home Rule through the Constitution of Colorado. Still, perhaps, the matter should be brought to the vote of the people, some of whom have been forced to pay taxes to support their neighbors while they may be losing their own homes in lien times.

Since Englewood has bought into the legal process of fining it's residents for snow removal, perhaps they would consider putting that money into the funds--already set up in the budget--that gives back at Christmas time in the way of charitable giving not only to non-profits, but also to vulnerable individuals who qualify. This would solve a lot of problems and discrepancies and ethical preferences. Charitable giving would be limited to the fines brought into the city, or through the good will of contributions willingly provided through others, and not out of the general budget.

Link: http://www.EyeOnEnglewood

I caught Rick Gillit between Real Estate appointments, and found the man able to close a deal.

"Okay, Rick," I say, "Let's cut to the chase. Your bio in the Englewood Citizen doesn't offer up much about you beyond your private life. Why?"

"Well, there's a lot of negativity going on in Englewood right now and I kind of wanted to separate myself from that."

"Meaning, what? The City's intrusion into private business practices or the debacle on Pearl Street?"

"Aw, come on, now." He says. "I think that thing over on Pearl is an anomaly. The Bartnicks have some nasty people for neighbors. That doesn't mean the rest of the City is like that. Englewood is better than that, and I want to focus on the positive."

"But you agree that diversity should be allowed in Englewood, including boarding houses?"

"Funny thing. I think Mr. and Mrs. Bartnick believe it's about mixed races living together, and that is certainly the way the City Council prosecuted them, but I think the whole thing was more about small egos who were jealous of that house they built. It's a very nice new house."

"One of the things I read about that issue and you was over a year ago. You appeared at City Council on the side of the boarding houses. Why?"

"Bill, again, I felt those students were harmless. They weren't a frat house. They lived with the Bartnicks. They hadn't done anything wrong, and there is the humanitarian aspect that my wife and I believe in, so we supported. But, just last week, I had some lady who sits on the Code Enforcement committee chase me to my car taking pictures of me and my car saying, "I know who you are! I don't want your election crap!" Frankly, the woman's venom frightened me. City council really handled this thing poorly."

I test him. "Gillit, you gotta know it was a single family neighborhood. Concerns are raised..."

"Look. I'm in the real estate business, and so is Mayor Woodward. He knows and I know that single family housing means a house built in a structural style that allows for a family to live there. It doesn't mean someone with a four bedroom house can't rent out the empty rooms to three seminary students. It just doesn't. The City overstepped."

"Then there's that issue like the sign code thing that showed the present City Council was on the wrong side of the law. You're a proponent of free speech. Why don't you capitalize on that?"

"Yeah, exactly." Says, Rick. "But you gotta be sensitive to parents too. It's a touchy issue when pot smoking Alice in Wonderland murals are allowed within the meaning of free speech. You can see why the idea of heavy regulation and government controls appeal to some who don't know how to discuss these things with their kids."

"That pot smoking thing. It's another hot topic for Englewood with medical marijuana pharmacies isn't it?"

Rick grimaces and rolls his eyes. "Yeah, my district 4, at the south end of Broadway is being called, "Broaderdam. That's what I'm hearing as I walk the district."

"What can you offer on that one?" I ask.

"My thing with that is that it's already legal. I'm not gonna argue with the law in Colorado. What I want to do is help protect the property owners who might have their buildings confiscated by the FBI if the pharmacies overstep the law. We don't want to see more empty storefronts all over Broadway."

"Do you have any plans along that line?"

"Sure," says Rick. "And, I think that they shouldn't be zoned in with the pawn shops. They should be zoned like other pharmacies in Englewood...or like liquor stores."

"So, tell me about the dog issues Rick. Seems Englewood continues to argue about dogs year after year. Can you pull the City off of that hill?"

"Absolutely." Rick crosses his arms. "I have dogs. I know they need to run. But we can't have them scaring the elderly or the children, or people with disabilities. They need their own park."

"You're gonna make that happen?"

"2009? Why not? The Council seems to think it's the vote of the majority that counts. The one with the biggest stick. I think the City Council is afraid to step on each other's toes. Wayne Oakley has said outright, I think twice on Monday nights, that he won't vote against Jill or Woodward. I can vote my conscience."

Link: http://www.EyeOnEnglewood.com

What's the difference in a candidate for City Council who attends a crucial City budget meeting, grading a stack of papers throughout, and a child who doodles during Mass?

It's the difference it takes in mental acuity to concentrate on the subject matter at hand. A postman understands this. A pilot understands it. Anyone who works with his hands knows it is possible to process other data, but it is not possible to divide one's analytical attention and process two sets of data at once. Candidate for City Council, Linda Olson, hopes she can downplay the difference by her presence at City Council on Monday night.

How does Olson analyze and grade papers while absorbing critical budget allocations taking place?

Is this how she intends to do business for the people of Englewood if elected?

Doug Cohn and I met up outside the Cohn law offices.

I ask Doug Cohn what his plans are for Council compared to the Ms. Olson's stated intent. He answers,"I want a full service city because that is what we are already paying for."

"The city council makes all its budget decisions without seeing the whole budget," says Cohn. "How can intelligent decisions be made about spending forty million dollars if we do not have all the information? Matt Crabtree just requested a copy of the budget on disc, and the Clerk's answer was that the City doesn't have it computerized. None of us feel that's acceptable."

"Why do you feel the need to access the budget directly rather than delegating to City staff?" I ask.

"I see City Council members as the overseers, the policy makers in the City. We have to know what the line items are before we can study and delegate management of the budget to Gary Sears. There are debits, credits and transfers... I have questions about where millions of dollars have gone, grant funds, brownsfield chemical clean up money, and other strange happenings with taxes."

I say that I saw in the Englewood Citizen, Linda Olson's bio which reads like a professional marketing piece, while borrowing phrases from you, (Cohn), such as "transparency of government."

My observation is that Linda, in less than a month before elections, still fails to find time to concentrate on issues facing Englewood. She may be a nice person, but will she really listen when you have an issue? Will she read her council packet before voting? Or, will she bring papers to grade behind her council chair?

I say to Doug, "Olson states that she stands for your voice and your access to city management, yet her own interest in government shows exactly how much she values the access. Where has she been these last few years on Monday evenings?"

"Hummm... good question..."

..."While your concerns over Englewood foreclosures,forced paving of your driveways, grandfathering issues, property rights, dog rights and sewer fees were being debated in Council, when did she ever show up to listen, weigh in with a perspective?"

"Well, Linda is a very nice person, but she's busy with other things."

"While you seem to be running on some lofty Constitutional issues," I say. "What would you say is the most important Constitutional issue to you?"

"I believe that power follows property rights. Those rights are even more important than free speech. If you gut a guy's financial power to assets, or free choice in how to use that property, what is the purpose of owning property?"

"I've heard there's been an ongoing debate about off-leash dog parks over the years. Do you mind saying anything on that?"

Doug says, "Rick Gillit and I agree on that one. Let's find more spaces around town that can be used as off leash places. Not Jason Park. Dogs will never be given a higher priority than children when we are elected. There is a financial liability there for Englewood, and we have enough irons in the courtroom fires already. Humans must be protected. Government's role is to protect the most vulnerable. Not, special interests."

I agree. Olson lacks interest. How can she be a leader? Maybe she wants some Christmas cash. Even a pretty face can clearly betray a casual, "whatever" attitude because actions still speak louder than words.

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://www.EnglewoodStory.com

Re: Judge Vincent Ross Atencio's Registration #7769 linked through petition ballot to City Councilman Bob McCaslin's crusade against innocent homeowners on Pearl.

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.

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.englewoodcitizens.org

Allow me to introduce you to Jon Cook, seasoned Englewood entrepreneur and developer. Just before Monday's Council meeting, Cook contacted Council Woman, Jill Wilson, and asked to speak with the City. During her Council's Choice section at the end of the meeting, she did her job and introduced him to speak.

A discussion hotly ensued in which Councilman, Bob McCaslin whined about not being warned before the meeting that Mr. Cook wanted to present, and that no-one knew what he planned to say. Then the discussion turned to procedural issues as to whether Mr. Cook could speak during Council's Choice, out of order from where residents are normally allowed to participate. A vote was taken, and Council asked for it. Jon Cook presented to council regarding a incident that occurred, where a representative from the Englewood Community development department made several harassing remarks to Jon Cook and the owner of Colore restaurant.

Colore, is a great little restaurant at Yale and Broadway, staffed by it's owners to ensure the quality of the food and the hospitality to its customers. When I visited there myself this month, I thought, "Now Englewood will give Pasquini's a run for their money."

But the developer, had his tenants, Colore, down his neck after Tricia Langon came with her arrogant ultimatums, "We can do this the easy way or we can do this the hard way." Apparently, there was no other way she offered to do them.

She was talking about an advertising banner being taken off the building when she slapped her card on the counter. Colore owners responded, "But our landlord told us we could do this."

Her response? "We at the City know all about Jon Cook and we have our issues with him."

Colore immediately ragged on Jon Cook for bringing them into Englewood's domain just to be unfairly treated. After all, as Mr. Cook pointed out to Council, there are storefronts and grocery stores with banners all over Englewood.

Jon Cook ceremoniously handed back Langon's "calling card" to Mayor Woodward, looked at Bob McCaslin and said, "If you have an issue with me, then why don't you call me? My name is plastered all over Broadway with open buildings for lease.

I did exactly what you guys wanted. I gave you the kind of Welcome to Englewood Building you've been asking for. This should be a time of celebration for us...implying that Community Development had ruined it for them.

"But, this isn't the first time Tricia Langon has interfered with us and threatened us," he testified. It is indecent and backwards.

Jon explained many of the reasons why businesses are reluctant to move to the City of Englewood. He also stated that until Ms. Langon is fired, he will no longer be developing properties in the City of Englewood.

City Manager Gary Sears denied that Ms. Langon worked for him or that he had any control over her. He also stated that many complaints come in about various City employees, apparently trying to downplay the incident.

Mr. Cook stuck to his mettle though, and reiterated that he is sick to death of the inhospitable nature of the City. He is finishing up one project and not starting another until the City rascals clean up their acts.