Eye On Englewood

Link: http://www.englewoodcitizens.org

My colleague's daughter married a Mexican and moved to Mexico. Lately she's been writing about the human crises going on there and how it has touched not only their family, but also their friends visiting and their entire community. She is begging us on this side of the border to make it secure so that the mass weaponry train from America to Mexico stops.

In my thoughts on Hickenlooper v. Tancredo's race for the governor, I cannot help but realize there are two sides to being a good neighbor. Knowing one's boundaries and enforcing them aids the good of both sides. If a relationship has become unhealthy, the customs between the parties need to change. This is true in marriage and friendships, why not in international law and state boundaries?

When I was a kid my teachers and family told me not to color outside the boundaries in my coloring book. I have lately heard the current ideal is to allow the child to express himself on the page. But, then, why give him a coloring book with lines and figures? Wouldn't a cheap blank page do just fine?

I have religious friends who are all about "giving a cup of cold water to the stranger in need," "loving foreigners because God loves all humanity"... but, I keep coming back to giving that cup of cold water not being mutually exclusive of giving a citation if violations of civil or criminal laws occur. A new set of clothing can be given by a religious entity to those who are being deported. No problem with the lines there.

Human Rights, as interpreted by law and judges include duties. Law is based on liberty for all, so why do we hold the law suspect when it attempts to hold the thieves of our society responsible for theft?

Loving a stranger, feeding an alien is not the same thing as loving a terrorist and feeding an illegal immigrant. A line must be drawn in our consciences and in our laws and in our governors.

How is it that an entire political atmosphere can hold the conviction that in depleting their values and resources, safety and law, they can somehow save all the immigrants? Yet, how many of us ask a stranger to stay overnight in our own homes? We somehow trust our gut to go slow, before allowing them into our homes while we are sleeping. Most of us lock our doors at night. Why?

Sometimes I think all the hype about Mexican borders and illegal immigration, and human trafficking is a veil to hide the larger threat of international terrorism. At what point do we throw down the gates?

While it is true that Muslims hold to courtesy and hospitality as a core value, if they believe you are a threat to them in their country, they'll cut your throat after you take advantage of their family for a bed and breakfast. Perhaps we should learn something from them. "Being a stranger, and you fed me" or "helping the orphan and widow in their distress" is not the same thing as housing, clothing, enabling criminal conduct. A line must be drawn.

We are a nation that has rationalized killing babies so that they don't have to suffer without love later in life. Yet, we protect illegals on every front. Our education has lacked the daily reading of Asap's Fables.

No security, no liability for anyone, is our creed of "niceties." Last week National Public Radio (NPR) fired news annalist Williams for "compromising the political correctness of his opinions while reporting the national news." When someone who is supposed to be portraying an analysis of current events is fired and brought instantly to the gates of poverty by his own people for not being "nice enough" in his opinions regarding the strange customs becoming prevalent in a matter of personal air travel security, I think we have all our boundaries imploded.

It is one thing to be kind to a stranger and welcome him in. It is another thing to prefer his customs over our own, to allow his faith that includes political Jihad in his holy teachings over our own faith and security. A line must be drawn.

We teach our children and women to "trust your gut" when encountering strangers, and yet we fire people for saying that they are trusting their gut. Crazy thinking these do-gooders have. Strangers come from all over, but cunning criminality overcomes us when we color outside the boundaries. Does anyone know what is at stake this election?

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

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

New meaning has been given to this phrase during the election period in Englewood. One night last week, City Council challenger’s signs (Matt Crabtree and Rick Gillit) West of Broadway mysteriously disappeared off of their supporters’ front lawns.

When Rick Gillit found his signs posted all in one yard, he called the police for permission to remove them.

When the Englewood Police arrived on the scene, the local high school coach also drove up asking the police not to make out a report because it was just a cheerleader’s prank and was supervised by adults. The police explained that the so called “prank” was actually trespass and theft.

Police also explained to Mr. Gillit that only the persons whose signs were stolen could submit a formal Complaint. Yet, the signs continue to disappear all over town, including Doug Cohn’s in District 2.

A concerned citizen then requested the Englewood Herald to report the underhanded electioneering activities of the present City Council supervising and instigating the thefts and trespasses, then discounting them as “pranks”.

The reason this activity is much more than a “prank” is because challenging candidates are to be permitted equal access to obtaining office. Citizens are to be provided equal opportunity to the issues through advertising or the entire election may be overturned and the funds spent on this election wasted. Being impeded by Council members who have just voted to allow themselves a third term in office, is not just a prank. It goes to the heart of a republic (under law) and democracy (informed voting).

In 35 years, will these pretty young heads and buff wrestler bodies waste away into mirrors of their mentors?

Take another look at these “mentors.” They have just lost an important Constitutional battle against taking of private property. They have been accused of corruption and malfeasance of office.

Mayor Woodward and Bob McCaslin have been served with an Arapahoe County District Court conspiracy case, together with City Manager Sears and Attorney Brotzman and Judge Atencio. These charges do not depict “responsibility or commitment” but are very serious charges of mismanagement, violating the City Charter and ordinances, wasting taxpayer’s money to ruin individual’s lives whom they dislike or who may have recourse to unseat them, and laziness in training or implementing policies to protect Englewood residents and business owners.

Yesterday, the Denver Post published an article detailing the Constitution does still rule over Home Rule. The present City Council’s choices to take private business property rights was overruled by the Supreme Court. It’s time some shoulders were shaken and some legal advisers were fired. It’s time for a full turn-over of those who govern Englewood as a body.

Link: http://www.EnglewoodStory.com

With sentencing still scheduled for October 9, 2009, for City Councilman McCaslin to have circulated the petition for Judge Atencio's inclusion on the November ballot to the Bartnick's neighbors on Pearl, who were witnesses in the case, seems like a clumsy attempt for payback, and perhaps unethical. If the Englewood judge is elected again, his salary is set over $121,000.00 annually.

On Thursday, August 13, 2009, witnesses for Englewood prosecution foiled the City’s plan to validate the prosecution of boarding house owners. Tricia Langon, Senior Planner, testified that the boarding house amendment “was not returned to Planning and Zoning Commission for their approval, because only major modifications or amendments to the code are returned to the Commission for review.”

Langon also testified that despite the Council’s October 6, 2008 enactment of Ordinance 55, (Boarding Houses) such residences are not businesses, but regular residences. They are not home occupations, and they do not require a license.

The jury was then released early, with the judge and prosecution both recommending the legs of the boarding house ordinance be dismissed in favor of the Bartnicks, and remanded to City Council for review.

Defense immediately went to the throat of the validity of the Ordinance because the Englewood City Charter, Section 58, declares that ALL modifications or amendments to ordinances must revert to Planning and Zoning for study and recommendation, even if the City Council chooses to disregard the recommendation. This is to prevent hasty enactments which often fail the test of justice.

The role of the volunteer citizens’ Planning and Zoning Commission to obtain legal council on proposed zoning codes as to fair housing, equal access and other zoning issues, while civil engineering counsel can ascertain measurable densities and standards. Hasty decisions also circumvent justice simply because they feel like a hard pressure sales job. Only time can allow that kind of intimidation to subside in favor of common sense.

The City circumvented its own Charter many times in the making of new Boarding House provisions, but this was the instance for Defense Council’s request for a directed verdict Thursday afternoon.

Judge Atencio taken aback, hemmed and hawed, and then declined his power and duty to declare summary judgment finding accurately that “what Defense is asking cuts to the heart of the ordinance”. Judge then determined “to allow the jury to decide the facts.”

The electric moment of truth was over. What was left of the material facts is unclear, as Tricia Langon had also admitted to the Bartnicks having pulled proper permits for zoning, but that under the new ordinance, parking areas require paint striping. Striping is an interesting dilemma if, unlike the Bartnicks whose back parking area is paved, the homeowner’s parking is unpaved. Keeping paint on dirt parking might prove to be an expensive year around feat for Englewood residences.

August 14, 2009, the jury, unaware of the previous days’ electricity, was sent to deliberate. They found the Bartnicks guilty of a shell of an Ordinance.

The implications of the Englewood verdict relate not only to setting City precedence for ungrandfathering pre-existing properties into newer codes, but also as to human rights and property ownership, the right to freely associate in the privacy of your own home with whomever you wish. If a neighbor accuses you of being unrelated, so be it.

What City Councilman, Bob McCaslin, was unable to accomplish for his friends, Ron and Robin Noffsinger, through Council legislation,

he turned up in the middle of Pearl Street to celebrate Saturday morning after the verdict was won through judicial McFoolery.

McCaslin's zeal short-sighted his actions linking the Englewood City Council to the very neighbors who had listed their names as witnesses against the so-called business. These neighbors each signed the good-old boy petition for re-election of small town political Judge. This is the same Judge who had refused to recuse himself earlier in the case.

Matthew Crabtree, challenger for the At-Large Council position, stumbled upon the judge's petitions for re-election, thus the confirmation of the City Councilman's conspiracy with the neighbors and the judge, when the clerk gave them to him on September 2, 2009.

The Judge is running unopposed this November. McCaslin is not up for re-election until next year.

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://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://www.EnglewoodCitizens.org

If you receive a City paper called "The Englewood Citizen" you might discover a high-lighted portion at the bottom of page 2, May/June 2009, announcing that the City Council has made their meetings available on their website.

Funny thing, a grass roots group calling themselves Englewood Citizens for Open Government (ECOG) has been recording and uploading these meetings for several months now, pressuring City Council to be more transparent, approachable, accessible and accountable to their constituency.

After City Council discussed whether they would continue to allow ECOG to record and publish their meetings, and finding no way out of it short of criminal liability, they decided to join the parade and outdo ECOG.

After all, an official City website is going to accumulate more hits than an unknown grass roots group, right?

Matthew Crabtree, concerned citizen, must be given the credit for his endurance of four hour long city meetings, and his fortitude in pilgrimaging the recordings of conscious. He has continued to upgrade his services to the public of Englewood.

Mr. Crabtree reports that he has started clarifying who the speaker is on any given subject.

For those who would not recognize their own district representative's voice over any other, and what they might stand for, they may now begin to follow topically what each representative states.

For instance, on April 20, 2009, Council resurrected the idea of mandating paved driveways... spear-headed by John Moore, but if you are not familiar with District representative Moore's voice, you may not realized that he is the one representing the issue. II. Hard Surface Standards.

Council is on a roll with "ungrandfathering" residential properties that were pre-existing to their new-fangled ideas. Apparently, their town just cannot change quick enough for them. In this case, Council will extend grandfathering rights only to those who have gravel, while just weeks ago these were deemed dangerous. They will forego grandfathering of dirt driveways.

The really bad news is that any arbitrary thing enacted by this Council will make residents liable for fines, liens and even threats of jail.

Englewood residents barely surviving hard times can thank their electorates for this finely timed gift.

The cool thing for residents to know is that while dirt is illegal in the new Englewood, road base is solidly safe within the proposed code. Residents just need to declare which one they have.

It was important for me to note in listening to the recordings that Mayor Woodward raged against a great-grandmother and long-time resident of Englewood who came to Council for the second time to represent her opinion about them throwing away Nancy Peterson's various awards after she was injured by an unnamed City policeman.

When she originally caught them in the act, Ms. Cummins represented herself kindly about the matter and obtained a March agreement from Council to put them on public display somewhere in City Hall, alongside City Manager Sear's trophies. But, after seeing some scratches and wear from being tossed away, they decided to put the awards out of public eye in the airlock of the Englewood Police Station.

She, Ms. Cummins, came bravely to Council to tell them that she didn't appreciate her friend's honors being stuffed away from public eye twice, and what happened to their original 100% commitment to her by Mayor, Bob McCaslin and Jill Wilson? She wanted to know.

Mayor delays his hottest topic til near the end of section 12. "General Discussion," when he begins to respond to "Ms. Cummins comments" and then lectures her for her "attack" on him personally. It's a bit of a shameful interaction from the office of City Mayor that can be heard in the last third of General Discussion, during Mayor's Choice section at www.EnglewoodCitizens.org. Monday, April 23.

I personally will stick with Mr. Crabtree's recordings as all of the background noise has been removed from the recordings, and they are conveniently set out per section and per speaker. It's much more accessible and transparent than having to listen to the entire four hours of this Council's official meetings.

Link: http://englewoodcitizens.org/

The topic of Council's April 13, 2009 study session regarding office expenditures and discretionary funds actually began right after the close of last election, when council woman Laurett Barrentine lost the popular vote to coach Randy Penn.

Because Ms. Barrentine had been the voice of accountability and fiscal conservation on Council, albeit bull doggedly, it was not enough to simply hush her voice this term.

No. Not nearly enough. In retaliation for daring to request a line item budget report for Council's review, the City Manager arranged a little parting gift to Ms. Barrentine.

She was billed, then publicly threatened by council's vote to prosecute her in a collection action over $57.00. This bill was in dispute as to whether it qualified as part of her allotted $150.00 discretionary funds. It was the City's opinion that she had billed them and been reimbursed for something not covered by discretionary funds.

She argued that the bill she submitted for reimbursement was indeed included within her line of duty. It was related to her computer access used to perform Council duties.

Council members decided to agree with City Manager Sears that the $57.00 was outside the text of the policy. The text of the policy reads, "Or materials directly related to the responsibilities..."

According to District 1 Council Representative, Joe Jefferson, stated he believes the meaning is wide open within the judgment of the elected official.

Where previously John Moore voted to prosecute a collections action against Ms. Barrentine, he flipped at the Council meeting of April 13, 2009, stating that he agreed that standardized computer access was a requirement of members of Council and within a member's discretion.

Ms. Barrentine knew at the time of the City's collection action against her that it was retaliatory in nature, but she paid the City's claim because $57.00 wasn't worth the cost or trouble of hiring a defense.

I find myself aghast at the City's public humiliation tactic to pursue a questionable $57.00 from a civil servant, while the same officials privately approved another hefty raise to the City Manager's salary, weighing him in at $160,000.00.

In a City where people are questionably surviving lost jobs and failure to achieve merit raises equal to inflation, it's not likely Council or Manager can successfully argue the proper allocation of residents' tax money being their true aim. Me tinks they just wanted a play date with darts at the bar and Ms. Barrantine as the target.

In the final minutes of the discussion, Jefferson requested that he use his discretionary funds for informal district meetings with residents, specifically for invitations. When Wilson asked what he meant by "informal" he explained: no notice would be required, no more than 3 council persons would be in attendance, no decisions could be made.

Its purpose would be more of a communication opportunity with the residents in his district. Jefferson has been talking about implementing this since being voted onto council, better late than never.

Wilson stated that everyone should be invited to a District 1 meeting. Disregarding the rule prohibiting a quorum [C.R.S. 24-6-402(2)(c)]of council at any informal meeting, she stated that she has a hard time understanding excluding people. She favored public notice and an invitation to all people. She specifically stated that she lives in District 1, and would like to participate.

Jefferson reminded them about Open Meetings laws, and that his purpose would not be to exclude anyone, but to allow his constituents to speak freely, without fear. His goal is to provide a casual avenue for communication.

Woodward, Oakley and Moore questioned whether the meetings could be construed as a campaign booster so near elections. But Jefferson's district seat is not one of those available this November.

Moore stated he did not believe district meetings were necessary, and therefore funds for invitations should not come from office supply funds. He further stated that the entire council would have to vote to approve the funds for the single district meetings if it came out of discretionary spending. He admitted the concept was a new one to him.

In the last seconds of Monday's meeting, Moore completely turned about face, actually daring anyone to "take me to court." Some of the last comments in the discussion were John Moore's when he arrogantly stated: "If I believe in my personal discretion that I needs to host a district meeting with only half of my district, I have that right."

Not so fast, Mr. Moore. Your attitude toward your district is opposite that expressed by Mr. Jefferson. While you know you are protected by governmental immunity and your solid dare, who is going to recuse you or prosecute your over suspicious use of your annual $600.00 discretionary budget?

We know you are well aware of this fact. It is precisely because the people are helpless that you can get away with such patronage of your district.

At the end of the day, Council members generally decided that contributions to charities or other council member's needs will not come out of individuals' discretionary funds due to possible abuses of unilateral entitlement of voters' money. They decided that whatever is surplus at the end of the fiscal year is returned to the general fund.

Finally, they decided that members only carried the right to advise Joe on his expenditure, but not the power to interfere or limit his choice on how to spend discretionary funds in relation to his duties.

It looks like District 1 will get its private play date. Sorry, District 2, you will have to take Mr. Moore up on his challenge in order to bend your District Representative's ear.

The full discussion can be heard on www.EnglewoodCitizens.Org.
IV. Council Discretionary/Office Supplies Policy

Link: http://EyeOnEnglewood.com

Why should Englewood prohibit the City from prosecuting any definition of household?

Moral issues are taken care of in the criminal codes of the State and City. Being unrelated and sharing a house, is not in itself worthy of prosecution, but in Englewood, the violation of the City's definition of Household is prima facie evidence of a crime.

Rick Gillit, running for District 4 in the November election, says he believes the term, "'Single Family Residence' is purely a real estate term, and means there is one residence per address. It does not extend to the definition that Englewood currently attaches to 'single family residence' meaning that not more than one unrelated person can live under the same roof."

Since his wife was raised in a home that took in families of patients of Craig Hospital, Gillit may be sensitive to the humanitarian side that some boarding houses offer. But, Englewood has ungrandfathered all pre-existing residences that house more than 1 unrelated person under the same roof.

It is clear that Community Development and Planning and Zoning both have limitations as to implementing codes against existing or grandfathered codes, and are relegated in their duties to forecasting development, plan for the future, and not criminalize the pre-existing.

The Department of Regulatory Agencies (D.O.R.A.) agrees. Their jurisdiction is limited to agencies of the State, not residences. Yet, these departments are the ones prosecuting residents for their choice of who shares their home. Isn't this a privacy issue?

In Gillit's opinion, these departments should not interfere inside a home with whether people are closely related enough to share the residence.

Last July, Planning and Zoning Commission members were asked to amend the code so that City could prosecute a single family in the City Manager's neighborhood. Commission Chair Bleile opposed the tactic as devious. Two other Commission members sided with him, but they ended up the minority and the City Manager Sears achieved his end. The case is scheduled for Court, June 4 and 5, 2009.

In the past five years, the City's habit has been to threaten people reported as violating the definition of household with 7-day or 14-day Notices to Comply. But, when it comes down to the prosecution of such a household, the City staff find themselves asking strange questions of City Manager Sears and Attorneys Brotzman and Reid, "How do we figure the unrelated number 2 again?"

Notice, it is not an issue of knowing how to count 1,2,3,4, or asking the City's accountant. It is rather a question of personal relationships. Does the City have the right to determine your relationships?

Says a widowed father in law who wants to move in with his daughter, "Can they kick me outa' here just because my daughter happens to have a spouse with a son she has not officially adopted? I mean, add me into the mix...ya know? Maybe I shouldn't have sold my place."

Good question. In Alaska, the town actually began to prosecute a family such as this, except the ACLU stepped in. In 2008 Englewood's City Council members McCaslin and Penn promoted not only Englewood's narrow definition of household, but also got personally involved promoting the prosecution and intimidation of moral households who happen to share a home unrelated.

Englewood isn't so afraid of the ACLU, because it has your tax money to fight extended court battles totally in the millions of dollars. Their salaries get paid for looking busy, so why not?

But after all the litigation Englewood has engaged in during the past year, a severe budget cut is occurring of up to 15% to parks and salaries.

But, what if a child has had a name change to resemble that of her family's surname, yet, in fact she has not been adopted. What about x-spouses not quite out of the home? Any why should foster children have more legal rights than your own father-in-law and step child?

This election could stop the intrusion of government into private relationships by voting new blood like Broker Rick Gillit to City Council. Keep Council out of your homes.

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://www.EnglewoodStory.com

From the first, Council woman Jill Wilson has decried the variety of garbage trucks crawling down Englewood's alleys each Wednesday. A Garbage monopoly the first subject out of Wilson's mouth after winning her seat on Council, but this attempt failed.

She's back at her favorite topic however, with this month's Englewood Survey. The survey is being mailed to a percentage of town residents to obtain feedback on a variety of issues, garbage trucks included.

Monopolies have always seemed innocuous to the one who is holding all the power. If they earned it, why not?

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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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