Eye On Englewood

Link: http://www.englewoodcitizens.org

Jerry Ferman derailed City Council as they argued out-of-turn amongst themselves on Monday Night. Mr. Ferman came to complain about Englewood's moldy water. The time clock was stopped, and the flustered council members lost control. But is this the bigger story? For, in this same week the Englewood Water and Sewer Board found a scapegoat in the sewer lines between Chipotle and Chase Bank on Hampden.

The City of Englewood is supposed to inspect sewer and water lines of every business every six weeks under the Englewood Municipal Code. But, Englewood has not been inspecting the lines nearly enough.

So, when Chipotle noticed that they had a block in the sewer trap, they hired their on-call plumber to flush the lines. Plumber Frank, although he works for many Chipotle franchises, has never been cited for anything in Englewood, and he came to the rescue by flushing the sewer trap.

There was still a smell, however, and so another company was called out to clean it up better. This time, the lard got blocked just before entering the city's sewer, (or so the story goes) (don't tell the EPA) and backed up into the neighboring business' basement. The neighboring business happened to be the Chase Bank building, where the ex-officio Mayor Burns keeps his offices. Chase had to replace carpeting.

Mayor Burns, amongst several other ex-officio Mayors, happens to sit on the Water and Sewer Board. The only true civilian amongst the board members is Robert Cassidy. What was the Sewer Board to do? Water board their own city? That would never do.

They couldn't allow Chase Bank's insurance company or the EPA to come after City Manager Sears because, after all, he hobnobs with sewer members. Plus, did I mention? The current Mayor of Englewood also sits on the board. No, an embarrassing ethical situation needed to be mopped up in short order before Mayor Woodward was implicated.

If they fined Chipotle, Chipotle would sue the City for failure to perform regular inspections, and again the EPA might get involved. The City has already lost one such suit in the District Court, so another strategy had to be formed.

Oh, of course. Smear the "fog" or lard on the contractor who flushed the system. He's independent, and will not have the resources to fight this thing. Good idea.

So, on Tuesday evening, at 5:00pm, Frank Brandse appeared for his case #AC10-15973, which was described as an "appeal of the Water and Sewer Board's fine of $5300." This amount reflected the maximum allowable criminal fine under POTW (Potable Water) as a class 2 petty offense for someone with habitual and knowing intent to violate EPA Best Standards. Frank didn't believe his actions warranted this decision or fine. He said he had never before encountered this problem and an investigation of extenuating circumstances should take place.

Board member, Robert Cassidy, looked at procedures and found that the Charter required a steno-graphically recorded hearing in these instances, and that testimonies were to be taken under oath. Pouting, sewer members were forced to agree. So a hearing being set, Matthew Crabtree showed up on Tuesday evening to record it for the public.

Mr. Crabtree realized that the hearing was not publicly noticed in the City's newspapers, nor was it noticed as all other board hearings are, on the City website. Posting it on the City bulletin boards barely complied with the minimum standards of "public notice".

Mr. Stu Fonda, Director of the Englewood Water Works suddenly grew quiet at having an audience.

When the hearing began, board member Higday, also an ex-officio mayor, cut into Frank's testimony to attempt to close the hearing. His motion was sidelined until others also began testifying, and he reminded the sewer board that his motion was on the table. As rude and abrupt as member Higday is, he also brought up an interesting perspective that the Board was not following proper procedures according to the Municipal Charter, part IV and sections 60-63.

Member Higday said, when there is a recommendation from the Sewer Board, they are to bring it to notice of City Counsel. Nevertheless, the board went on about their business.

Mr. Cassidy stated that he didn't believe Frank intended to do anything wrong, and that he certainly was no hardened criminal. He recommended the fine, on appeal, be reduced from $5300 to $2000. It was somewhat of a relief to Frank that the Board agreed to that fine.
But, Mr. Cassidy pushed over the line when he suggested that the $2000 be differed pending no further occurrences during the next 12 months.

What? And force our friends in the City to shoulder the insurance deductibles? No way! The sewer board members reasoned. We have a scapegoat willing to shoulder the fee. His name is Frank.

So, Frank, who was cited only by his first name, without the signature of an accusing officer, and without any evidence because he had invoked his right not to be searched without a warrant, was given a fine of $2000, and in exchange, he got to keep his employment with all the Chipotle franchises he serves.

Funny thing. Culpability actually lies with the user, if not with the City inspector. The Littleton/Englewood Waste Water Treatment Plant FOG Policy, page 9, paragraph one states, "Users are responsible for the maintenance servicing, and proper waste disposal and cannot abrogate this responsibility to a contractor,pumping service, or other agent." Modified, July 22, 2010.

Although this is clearly printed in the ex-officio Mayor's manuals, they could not get their minds out of the gutter in order to read their own law as to liability. This makes them culpable for insurance fraud.

Furthermore, the City usurped formal criminal penalties reserved to EPA, the State through the District Court level or the Department of Regulatory Services (DORA). Instead, they protected themselves from liability through an administrative inbred process.

And thus, Jerry Furman, proves himself to be a prophet. Yes, the water in Englewood is moldy dirty. If I were Mr. Brandse, I'd run right up to the District Court and get me an injunction and report the crime to DORA.

Link: http://www.englewoodcitizens.org

Dissenters of Tom Tancredo's immigration policies beg us to dislodge him from the momentum for governor's seat. This is really the only social claim they can maintain against him since he has a proven record of solid business success, years of political experience and solid ethical and moral records. But, has anyone stopped to analyze what the Constitution and statutes deem "illegal" immigration?

I wouldn't have believed it, until I read the case law myself, but the theory of equal rights is based upon the Fourteenth Amendment to the U.S. Constitution. Equal rights is based on a standard access to rights under the law. What is that standard, you ask? It is the standard of the european pilgrims to America, it is the white man's standard for freedom, for work, for possession of land and practice of religion.

This fact was hard to swallow because it appeared to be discriminatory and non politically correct in itself. It seemed to give the Ku Klux Klan, and right wing selfishness import.

But the more I wrestled with the concept, the more I realized that what the Klan attempts to do is to dislodge the justice maintained in the Fourteenth Amendment, and thereby dislodge equal rights.

The value of the Fourteenth Amendment is that it assured women, aliens, and minorities in America the right to access the courts for redress of their grievances, the same as the white immigrant men who may have only been thinking of themselves when they penned the Declaration of Independence.

So, if aliens, women and minorities have constitutional protection under the present Constitution and Declaration of Independence, how can they be deemed "illegal aliens" within Tom Tancredo's analysis?

Crimes are founded on intentionality. Aliens are only acting illegally if the prosecution can show they intentionally acted against the law. The law itself must contain definitions of the elements of the crime and statutes must contain firm terms defining what is legal or illegal.

Short of being found "illegal" under these terms, the only other redress we have against aliens is a tort. The threshold for accidental aliens, or tortuous aliens taking healthcare services and jobs from Americans must include the fingers pointing back at the American political climate for having allowed the aliens' encroachment all of these years on our soil. After all, we elected the officials who allowed the newcomers, and we elected the mayors, judges and sheriffs that refused to hold and prosecute them. We are all culpable unless we can show that we have defended our boarders by all means possible.

Certainly, children born to aliens have no culpability as to being illegal. No one can prove children intentionally violated immigration laws. Therefore, under the Constitution, and Tom Tancredo's policies there are many perfectly legal aliens in this State and Country.

It is the illegal aliens that Tom Tancredo firmly opposes and intends to take in hand should he become governor. It is the ones who traffic refugees into human slavery. It is the ones who deal drugs. It is the ones who take jobs without application for green cards and citizenship. It is the ones who have been guilty of violent crimes, driving without a license and causing accidents, and those whose religion promotes overtaking our civilization by strategy and terrorism, or they engage in piracy, looting, assault or the taking of their neighbor's property.

What is so harsh about this, Tancredo's core value? It is difficult in some cases where the hierarchy of rights overlap, yes, but that is what the courts are there for. All we need are Supreme Court Justices who uphold the Constitution, and District Court Judges who have read the law and show up for hearings in their jurisdiction.

Tancredo's polices are lawful policies. He seeks the greatest good for everyone, regardless of their opinions of him. Yes, some weirdos support him, but look at the vast support of the rest of the State, wealthy business people as well as rural folk, and many middle classes.

Minorities and aliens need to know that a Governor who reads the Constitution can be persuaded by it as well.

Link: http://www.eyeonenglewood.com

The latest full house at City Council meeting turned up when Council member, Linda Olsen, complained about seeing recreational vehicles, trailers and caravans on the streets and in driveways of her neighborhood. She requested that her friends on council implement laws to address the problem. Arapahoe Acres is an upscale Englewood neighborhood where each address has a unique piece of art in the front yard.

Political opponent, Matthew Crabtree, and some Concerned Englewood Citizens stirred the pot. He says, "For clarification, this was this was NOT a discussion about parking on the street - this is a debate on how you can use your own driveway." The house was packed when people turned up to represent themselves. That would be their right to freely and openly express a pursuit of fun in life. Mayor Woodward refused to let so many people speak, and Olsen herself apologized, --not for her attitude,-- but for so many people feeling compelled to come out and represent on “such a non-issue.” Then, the tempers flared. To an outsider, it seemed a bit like July 4th celebrations.

Afterwards, Crabtree, approached Olsen to encourage her once again to make these kinds of decisions public so that there is a fair fight and the people are heard. But Olsen leaned in to quietly lecture Crabtree, “Do you realize that I now fear for my life?” She hissed. “I need a police escort just to get out to my car after this meeting!”

A criminal case is being served this week against the City Council by Douglas Cohn against the Mayor of Englewood, Jim Woodward, and the City Manager, Gary Sears for various violations of the Tabor Act, the most recent being the green solar panels. A more efficient manner of erecting green building standards in Colorado would be to enact a building code utilizing solar attic fans and 2”x 6” exterior framing, costing taxpayers nothing. Or, erecting windmills in open areas to generate energy.

Last year, a couple running a boarding house for seminary students and missionaries, the Bartnicks, filed for a special recall election on several of City Council, then decided instead to put their efforts towards a lawsuit against certain Council members and staff for acting outside their scope of legal authority and for illegal lawmaking, including retrospective laws, a bill of attainder and the City’s triple religious discriminatory prosecutions. An unwarranted search and seizure escalated by Englewood’s top judge, Mr. Atencio, was included by the District Judge, and the City is compelled to Answer charges this month.

Another case was filed by an Englewood Developer on Ogden Street for the City’s intermeddling in a land deal, which ended up costing the developer months and money, which the City paid back in restitution to the tune of approximately $60,000.

Again, in the case where an Englewood industrial developer over shot his lot survey, and developed on a neighboring property, all approved by Englewood’s Building Department, the City is again defending its reckless disregard for your money at work.

This is the same government that asked for their two terms to be enlarged to three, and won the vote in November, 2009. This is the City Manager whose salary is $165,000, with added travel and vacation packages, and who just slashed your benefits across the board from street maintenance, snow removal and paving, to parks and staffing.

Bloomberg reported this week: “Hundreds of residents of one of the poorest municipalities in Los Angeles County shouted in protest last night as tensions rose over a report that the city’s manager earns an annual salary of almost $800,000.

“An overflow crowd packed a City Council meeting in Bell, a mostly Hispanic city of 38,000 about 10 miles (16 kilometers) southeast of Los Angeles, to call for the resignation of Mayor Oscar Hernandez and other city officials. Residents left standing outside the chamber banged on the doors and shouted “fuera,” or “get out” in Spanish.”

“The Los Angeles Times reported July 15 that Chief Administrative Officer Robert Rizzo earns $787,637 -- with annual 12 percent raises -- and that Bell pays its police chief $457,000, more than Los Angeles Police Chief Charlie Beck makes in a city of 3.8 million people. Bell council members earn almost $100,000 for part-time work.”

Yes, when citizens turn up and turn out their government, is when they see the shenanigans going on and figure out how the system works to correct the funny business.

Link: http://englewoodstory.com

I will go so far as to say this: Everything in a City is grandfathered unless the City is able to prove some license to regulate it.

O, Where O Where doth such a license cometh from?

In Colorado municipalities, they come from Colorado Revised Statutes Title 31, Municipal Governments, michies Colorado free legal which limits powers and are given further boundaries through none other than the Supreme Law of the Land, our great United States Constitution.

These laws clearly state that someone's power, presumed authority or "will" cannot legally over-power or control what rights the law has handed to me already. The mass lynchings are illegal because they are not founded in deference, self-respect or law.

It doesn't matter how much sweaty fervor is passionately invoked or what kind of bribe or slander occurs, if it ain't founded in law, it ain't no good.

Last week in the Englewood Council meeting when Bob McCaslin accidentally, or perhaps conveniently left out of the pre-written invocation, "Help us not to control..." I had to chuckle. Well, it just escaped. I didn't mean to be irreverent. But "arbitrary control" is exactly what this Council loves to do to this fair city by their own elected whims.

But just because they are elected and it is hard to get them unseated, doesn't mean that they have legal rights to presume license over all aspects of residential home lives.

Last week at Council, John Moore played the roll of Mayor and controlled the discussion on Hard Pavements himself. He kept wanting to know what would be "grandfathered" as if Council can simply ignore the City Ordinances and Savings Clauses and has utter authority over the private homes as well as licensed businesses. Near the end of the discussion Moore says, "So what are we choosing to grandfather then? Only gravel?"

Stand Up, people! Where is the Council's license to tell you where or how you can park on your own property?

Once an idea gets passed legislatively, then the full burden of proof rests on one defendant's shoulders, inconveniently cited and hauled to the Judge, to prove that the legislation is unfounded. Since it is the legal duty of the municipal judge to presume the law is reasonable, this individual must have a very strong mind with plenty of time available to find out where the missing links are and present them to the Judge or jury accordingly. If he doesn't have these resources, the illegal law can be established judicially, and then it is almost impossible to over-rule.

So the old maxim stands that all it takes for evil to win is for good men to do nothing.

If you choose not to trust your gut, or defend your right to serve, your right of easement, your immunities, your right to real estate, then you forfeit not only the right, but also the law that governs the right. And if you forfeit the law, you betray your fellow man who depends on that same law.

I was trying to stay one step ahead of myself but now I walk on my hands and don’t look back...

"Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal [118 U.S. 374] hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. This principle of interpretation has been sanctioned by this court in Henderson v. Mayor of New York, 92 U.S. 259; Chy Lung v. Freeman, 92 U.S. 275; Ex parte Virginia, 100 U.S. 339; Neal v. Delaware, 103 U.S. 370, and Soon Hing v. Crowley, 113 U.S. 703. Soon Hing v. Crowley, 113 U.S. 703." See, Yick Wo v. Yick Wo v. Hopkins
Submitted April 14, 1886, Decided May 10, 1886,118 U.S. 356.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF CALIFORNIA

How do we know what rights we have fundamentally? Consider the Privileges or Immunities clause of the US Constitution. One author has then suggested normal people go to the laws of the District of Columbia to see what's fair there. Another suggests that whatever is fair in all the states is fair in your state.

"It is accordingly enacted by § 1977 of the Revised Statutes, that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." (See Above, Yick Wo)

I was really scared that Yick Wo, the laundry proprietor, would only protect those narrow civil rights laws specifically written, but when I went to read that case it was as clear as the blue Colorado skies that everyone in America has the right to make and enforce contracts, to sue, to be parties, to give evidence and to enjoy the full benefit and duties of all laws and policies and access to government and court, and to remain secure in their persons and property.

Neighbors must work hard to subdue your greed, subdue your bias, and subdue being lazy entitled ingrates. Seriously!

Whatever gets sold out for some selfish or shady benefit today, will come back to bite not only you and your white Englewood neighbors and your white grandchildren, but me and my household too because the rest of us have rights only equal to yours, and then your rights are only equal to mine. You need to stand up like responsible, dutiful adults now. I don't want to take the water slide down with you.

W

Link: http://EyeOnEnglewood.com

After Easter, Springtime breezes through Englewood, warming everyone up for a day or two, giving pause to consider what needs attention around the house or the yard.

But, not only in your own yard; Look around. Englewood has some real issues of obsolete housing, dangerous housing, and neighborhood real estate values that directly affect the City's appeal to younger families, thus its school districts.

Can this aging problem be addressed creatively?

Presently, the City Manager and City Council have promoted liening your property in exchange for the city doing yard and weed clean up. Snow removal might also garner a lien on your home. But, Englewood residents need a better bang for their bucks.

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Link: http://www.EyeOnEnglewood.com

After publishing my article on Englewood’s civil rights violations, I was sent the following letter.

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Link: http://EnglewoodStory.com

WHAT IS FAIR HOUSING?

"According to HUD, impediments to fair housing choice include actions or omissions in the state that constitute violations of the Fair Housing Act. The following issue [is] shown to be [a] potential impediment to fair housing choice in the State of Colorado:"

Number(14) is "Steering."
here

"Steering is a practice of guiding prospective homebuyers or renters of protected classes (such as color, race,religion, disability, familial status, etc.) to areas with concentrations of persons in those groups." See, State of Colorado Analysis of Impediments to Fair Housing Choice, 2005-2010, p 5.

In Englewood, the City Council, City Manager and even the City attorneys not only targeted but endorsed ongoing neighborhood harassment of the Bartnick household for housing four young people of Hispanic, black, Asian and mixed-race origin over a two-year period.

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