Eye On Englewood

Link: http://www.englewoodstory.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Clever bunch, that.

Homeowners were thereby defrauded of their property rights…elegantly.

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

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

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

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

Are these the words of an idealist or a pragmatist?

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

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

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

Link: http://www.eyeonenglewood.com/

This month the Bookmeisters read John Hersey’s Pulitzer Prize winning book, “A Bell for Adano.”

A journalist covering World War II, Hersey witnessed first-hand elements of the war in Italy.

His book is set in a little fishing village called Adano, whose bell had been taken out of the bell tower and melted by the fascists for the purpose of making bullets.

Major J. sets about reading his “notes to self” when he arrives on the scene. He gives the town crier back his job, and the police chief, and orders the baker to start baking quality bread again.

He has been, behind the scenes, repeatedly advised simply to clean the streets, but leave the rest alone. But the Major is personally interested in both truth as he is integrity, and maybe he wants to make a name for himself.

He finds use for the sulfur plant in business and woos churlish fishermen to their fishing boats by providing them protection from bombs which had been planted in the bay.

One day the chief of police goes to the baker and takes his usual place in the front of the line. The women take issue with him, and a certain vocal peasant abuses the chief’s ego so badly that the chief drags the poor man by the ear, “arrested,” to Major J.

Major J. orders the peasant to respect authority and sends him back to the bread line.

Then, Major J. calls in all of the men to whom he had just granted jobs within his new democracy, and quietly explains what democracy means to him as an American.

Hersey's famous Major J. states, "democracy is a government of the people. It is the taxes of the people which pay the salaries of the government workers. The government workers are servants to the people, and servants do not push their employers out of line so that they may first be served bread."

Major J. tells these men, whom he has shown a particular political grace to by hiring them into the same jobs they enjoyed while serving the fascists; that in his form of government, these men will be happier than they have ever been in their lives.

To see how democracy works in the military possession of an Italian fisher village, or whether Adano gets it’s bell back, you will have to read this little page turner for yourself.

Link: http://englewoodstory.com

We all know that fear can be a closed gate to government. Ignorance is a closed gate to government. And, in a busy society like Englewood, Colorado, busi-ness is a latch to pry open government.

People go to work five out of the seven days of the week, and then with their limited time after work and on weekend, they prepare family meals, and set a bit of personal time apart for sports, activities, concerts, paying bills, mowing the lawn and cleaning.

People tend to entrust politics to the “politicians”.

May 4, 2009, The City's old spending habits were approved by an outside auditor who hammed it up with the City Manager, and then the spending for 2009 was processed unanimously by all seven council persons, without discussion.

The following 2009 spending is itemized:
*a nine year old truck is to be replaced.
*a 60% increase on everyone's sewer fees was approved.
*a 2009 shell of an ambulance is purchased for $135,313, which still needs to be outfitted inside.
*a tilling tractor with the deluxe package including a GPS system and leather seats is to be purchased for $95,598.19
*November Candidate, Rick Gillit, asked Council to give an official report of the $20,000 they just spent at League of Cities, but Council ran out of time for Joe Jefferson's report.
*$20,000 for a community garden was expended.
*and, during study session, a grant of $5,000 was approved for Waste Management Company recycling, costing the City only $4,500 out of the original $9,500 price to recycle. For what? Isn't this the same service the Shriners offer for free?

Candidate for council, Rick Gillit noticed, "Not one council member posed the question whether the truck could be fixed rather than replaced or whether it could last another year or two?"

He said no-one asked, "What would a 30% sewer fee hike accomplish rather than a 60% hike?" or "What would a shell of an old ambulance cost to be refurbished?" or "Why does the City's tilling tractor require a GPS and deluxe package?"

It sure brings up the obvious: Did Council discuss these issues elsewhere besides the public meeting? If they did, they have violated the Open Meetings Rules and Sunshine Act.

Another observer noticed that not one Council member asked, "Why spend $20,000 on a community garden when the City is having to cut back expenses by 15%? And, no-one asked, "Did we really need to spend all those hundreds of thousands of dollars litigating against our own people last year?"

Understanding the laws which govern a home rule city is as easy as reading the manual: The Charter is the City's Constitution. But after the year 2000, Englewood’s manual gained three inches of ordinances known as the Englewood Municipal Code, (E.M.C.). Thick with cross references, notations to history and previous laws, full of things from the criminal code, pensions, building codes, the court, and zoning issues.

I agree, it is a bit cumbersome.

But, what this old ticker finds inexcusable, is the unwillingness to research a topic when asked. Why aren't rules of fixed measurement and law applied to the interests of justice? Are budgets really just a matter of the whims of those in power?

Is it really okay to charge 60% more for water and sewer services during an 8% unemployment crises, just to spend it elsewhere on new Tonka Trucks?

The air of secrecy surrounding Englewood City Hall has been breached by a Citizen's group intent to record and make public City meetings. For months now Englewood Citizens for Open Government (www.englewoodcitizens.org)has published City Council meetings and study sessions, and just this week,they published a the fact that Englewood's Financial and Administrative Services Director Frank Gryglewicz, Accounting Manager Steve Dazzio and Timothy P. Mayberry, CPA, from Johnson, Holscher & Company, P. C. discussed the Comprehensive Annual Financial Report in private and concluded that Englewood passed the(CAFR)grade.

Secrecy is a fine gate to help government achieve its aim by locking out controversy. Secrecy fleshes out efficiency and may save someone a bit of embarrassment. But, is secrecy the right tool? A pen's cap can be used to pick your ear, but it may have other unwanted effects. What does the tool of secrecy compromise?

It forces a potentially good form of government underground. It makes the good guys wear porcupine quills when they find themselves above ground because they know what things are hiding below.

Efficiency is the sweetheart of secrecy. Efficiency can evade a just investigation of the facts and laws, making a clean sweep of everything but the outcome.

When an authority figure doesn't admit that he struggles with an issue or needs more time before he casts his vote on it, he never has to research it and then he can rely on his associate's opinion. It is much more efficient that way. Right or wrong, something gets done.

City Council looks ominous sitting high above the audience that addresses it. Like judges they sit, as if they are privy to the issues at hand and at law. But are they?

Perhaps they are only privy to the information City Attorneys secretly feed them. But if the City attorneys, the City manager has it all wrapped up, and the one power withheld from Council is to "interfere" with Staff, according to the Charter, Part 1, ARTICLE III, section 32, then why does Englewood need a City Council?

Maybe they are so concerned with appearing "on the same page" that they become only puppets and "yes men" to the City Manager. Certainly, if they cannot open a public court record and take a look; certainly if they cannot drive by an Englewood site to investigate an issue for themselves; certainly if they cannot respond to a Citizen's question or look up their rules for themselves, their counsel will leave something to be desired.

Most assuredly, if they are not allowed to ascertain budget reports or ask questions of the head of the building department, and absolutely, if they have some friends from high school bending their ears for loyalty, their input is less than objective or meant "for the dignity of the whole."

Shouldn’t residents take a second look?

Please excuse my waffling. I’ll get right to the point. November elections are upcoming.

Link: http://www.englewoodstory.com

Bill Offrights' APRIL FOOLS DAY $SPECIAL$

What are they hiding? By law, cities have three days to fulfill an Open Records Request. There are no exceptions such as having an outstanding city debt or the person requesting the record wishing to remain anonymous.

Read more »

Link: http://englewoodstory.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Say a contractor speaks to the building supervisor about a property he wishes to buy and divide. The rule states that he must have at least 60 square foot of frontage, and he only has 55.

He asks for a variance, and the City makes an off-the-cuff decision and gives it to him.

He purchases the property and demolishes the existing house and then applies his funds to architectural design and building permits. If the building permits are stamped “approved”. He is a vested holder of property rights.

A neighbor gets wind of his design and makes a stink. Too many town homes in his single-family neighborhood may affect his resale values.

The case goes to appeals, and the appeals committee determines that the Community Development Director, Alan White, made the variance decision erroneously.

The Appeals Committee fails to determine when the contractor's rights became vested. The question never comes up. Boo-hoo for the owner-contractor.

Nobody seems to understand the concept of property rights. It seems to be vote of the masses by neighborhood opinion in this home-owner-association-less hood. This is a fantastic example of democracy at work without law.

It seems in Englewood, the neighbors themselves have as much say in how the owner, who pays the purchase price, obtains a deed dictating: “to have and to hold in peaceful possession” and invests in the building project himself has. Why would anyone ever want to buy a City property with so few rights surviving?

It seems the deed that warrants, “to have and to hold, in peaceable possession” are just lines on a page.

The contractor, not only did not understand what happened to him, although he was fighting mad, but the neighbors have no sense of their own rights. Next time, it could be them.