Eye On Englewood

Link: http://www.EyeOnEnglewood.com

Where's that little blue book when you need it? You know, the one that tells you the pro's and con's of an election issue? Some nice ladies dropped a flyer in person by my house, and I got a handwritten postcard in the mail, so I decided to read what I could find on 3D and 3E in the Englewood Herald.

Rick Gillit just wrote an article that was published. He took the diplomatic stance, "Well, I'm not about to slap down the children's educational needs, but I'm just not sure that's what this money is about."

So,I analyzed the property tax issue generally. Most property tax goes directly to the City, and only a portion of it goes to the school district.

I had to ask. Why did the school board request so much money? John Brick wrote an opinion against 3D and 3E saying,

"New facilities are important to a quality facility asset management program but the district needs to be careful of “empire building.” Englewood’s citizens lag behind in wages and household income.

Is it better to wait a year to approve the bond issue until the school district answers the important questions about its size and focus? We stand at the crossroads of more of the same in a new building or schools that build neighborhood identity and contribute to our community economically, politically, and culturally. Let’s ask the district what is our return on investment."

I believe John Brick is right. It is to pay for the empire building of City Manager Gary Sears. Englewood, as City, is IN DEBT. I think that Matthew Crabtree and Bryan Oliver nicely laid out the budget deficit in their political debate at Moe's Barbecue earlier this month. Over the past five years, Englewood has dipped into the emergency assets and reserves to approve the City Manager's recommended budget to the tune of $10,000,000 (that's million) dollars!

I saw that Colorado also has a school tax increase on the ballot, and we will be paying for that as well as benefiting from it. So, I kind of feel like our children are being illicitly marketed to manipulate us to pay for the mess Gary Sears and the present City Council, minus Rick Gillit, has gotton us into. Mr. Gillit is the only councilmember who voted "no" on the budget.

And before him,-- put these pieces together will you?-- Laurett Barrentine was the only city councilmember to ask to review the line item budget and discuss it before voting. So, that lot of council asked Mr. Penn, whose wife represents the school board, to run against her. The popular coach won the last election. Now, Englewood is even more IN DEBT.

Renovations to the school do not cost that much. All the rest is going to sweep the DEBT under the rug...now, it's your expense. (For the rest of your life)

Bill Clayton, wrote another opinion for the Englewood Herald. He broke it down for us.

"For instance, the tax increase brochure describes how this will be paid for with a $5 per month increase on a home value of $100,000. Aside from the fact that most homes in Englewood are worth a lot more than $100,000 and therefore will pay much more, this certainly implies that the residents of Englewood will pay the cost of those bonds and tax increase with a nominal increase in taxes.

This is deceptive, and could not be further from the truth, which is that residents, who can vote, only pay about 40 percent of the property taxes in Englewood. The vast majority of property tax is paid by business property owners, who pay property taxes at a rate four times that of a residence. This means a business property, or vacant land worth $100,000 will pay $20 per month.

Since most of this tax increase will be paid by the businesses we frequent, these additional taxes will be passed along to all residents as higher prices, making every family’s total tax bill at least double the amount suggested by the school district.

Those of us who believe in the principle of "no taxation without representation" find it to be reprehensible that our school district, which is charged with teaching good government and citizenship, seems to care little about that basic principle."

One mom responded kind of nasty to Mr. Clayton's opinion saying she didn't care how much it cost everyone else, she wanted to give her child the best education. The problem with that thinking is the suggestion that we throw money at a building and it somehow motivates the teachers to teach, and gives them all the rest of the tools they need to do their job better. There are too many missing links for me in that equation. When I looked at the handwritten post card I received in the mail, I saw that not once did it mention better education.

I'm all for renovation of gentrified buildings, but there are fundraisers that these parents could pull off to raise needed money. They could put on concerts or sports events, spelling bees, contests and parades to raise money!

Instead, the school board hired a consulting firm to study the median income of Englewood and suggest what kind of money could reasonably be raised. The firm capped the suggested taxes lower than a third of what this bond issue entails. Then, why so greedy?

I would like to think that if the school board AMENDED its proposition and made a less greedy request next year, and we voted onto council people who were committed to rectifying the budget by other means, well we would gladly foot the bill for classy renovations.

I have to agree with Mr. Clayton this time. He concluded, "Apparently Englewood Schools aren’t all that interested in the principles of representative government and good citizenship as long as they can get their tax increase passed."

Link: http://www.englewoodcitizens.org

Englewood businesses (BID) have begged the City for better lighting in the parking lots along Broadway for at least four holiday seasons. Instead, the City installed decorative lighting on the street front of two city blocks two years ago. But all of Broadway's back lots remain dark during the prime shopping season.

When Santa sneaks down the chimney this Christmas, is this going to be a liability for Englewood as to crime and property insurance? Doug Cohn, Appeals Commissioner, believes so because the Grinch has been notified repeatedly and yet continues to neglect the safety and welfare of its citizens who refuse to buy their bizzle-binks in Whoville. Mister Grinch is a depressed, wicked-tempered grouch with a sour attitude who lives in a mountain cave near the north end of Whoville. He absolutely hates everything about Christmas because of the trash that accumulates around the entire town after Christmas Day. "For fifty-three years I've put up with this threat!"

But, wouldn't it simply be awful if one of Santa's elves evaporated without a trace in the back lot, while attempting to buy toys from Mr. Cohn's Bonnie Brae Hobbies store?

Some of the business owners remember when the EDDA was active (Englewood Downtown Development Authority). This was a joint venture between the officious City of Englewood and those doing real business on Broadway.

Nothing could be done within the city bureaucracy, however, and it was dissolved in 2002; But, the Grinch kept the $100,000 investment from the owners, rather than turning it over to them to start their new independent organization.

Perhaps the Grinch was punishing the nemesis business owners for pulling out of his cheating game. "You're a mean one, Mister Grinch!" Says, Thurl Ravenscroft. "You're foul, bad-mannered and sinister! And, that goes for your little dog, Max, too!" Though, City Council cared less what the citizens of Whoville thought of them. They absolutely refused to encourage Whoville business sales, even at Christmas. Sigh... Instead, they funneled the business owners' money to the new and improved City Center, and tightened the sign codes against the businesses on Broadway.

With or without the dressed up Grinch and his fraud of a reindeer-dog, the new Business Improvement District(BID)began working to market Broadway in 2006 with meager funds. The first years' fees went to pay off the attorney. But at a quarter til dawn, business owners took marketing into their own hands, and have begun to decorate the street with gigantic flower pots, welcome banners and bike art.

Part of the problem, says Cohn, is that the Grinch tried to take some of the Broadway parking lots and turn them into an arts center, so the Mister Grinch couldn't have cared less about lighting the shopping areas targeted for eminent domain. But scratching out the numbers couldn't save the proposed arts complex viability to bring in funds to the city, so Grinch released his grip over the business lots.

Yet, the lots remain dark. Especially in winter months, the businesses on Broadway seem foreboding when considering parking or shopping after five pm. One could imagine that the Grinch is actually trying to blight his own shopping mall!

Gene Turnbull explained that the lighting in Littleton's Old Town is owned by Public Service (Xcel) but Littleton pays to maintain the lighting and pays the utility bills. This may be feasible, but the Grinch of Englewood continues to provide only a perception of "help" while the Whoville battle goes on to get the Grinch to do anything.

Yet, at the November 9, 2010 City Council meeting, Grinch recommended that a lighted sign be installed at Broadway and Girard in the foreboding empty lot to point people away from the Businesses on Broadway (BOB is the newest private marketing campaign) and toward the light rail station and Civic Center. Mister Grinch's pet project apparently needs to be pointed out, at the expense once again of Businesses on Broadway.

It almost seems humorous in light of last year's drama when the Grinch's claims against business signage was shot down at the higher court level, that Gary would suggest for his own benefit a violation of the Englewood sign code. The sign he was suggesting was 28" and 40" wide, proposed by Mile High Outdoor Advertising.

In repeated efforts to solidify the Grinch's hold on Englewood shopping, the City has again brought up the green Santa's idea of too many trash businesses roaming the alleyways. They reason that if only one company pulls the trash sleigh, the Grinch could regulate how many Christmas and Hanukkah wrappings, boxes and packaging might find a way into the alleys, and how much they can charge for the extra trucks needed to pick up all this holiday trash.

Link: http://www.englewoodcitizens.org

Many government offices, including schools, are urging "No" on 101. Why?

In essence, Proposition 101 would move state motor vehicle registration fees back to 1919 levels, reduce or eliminate taxes on vehicle purchases and rentals over the next four years. 101 would also reduce the state income tax rate from 4.63 percent to 4.5 percent in 2011 and then to 3.5 percent gradually over time. It would put money back into the pockets of taxpayers. And, finally 101 would required your vote to create or increase fees on vehicles and telecommunication services in the future, so your cell-phone, internet and television fees would not go up without an official vote.

If you are against inflation and high salaries for government servants, you should vote yes to 101. If you feel out of control financially because of crazy fees, fines and taxes on basic services, stop letting them take bites out of you.

The government says this proposition is confusing and ambiguous. But, the blue book analysis of the bill is concise. It assures us the impact is expected to be $2.9 billion in today's dollars, ($1.9 billion in state reductions and $1 billion in local government reductions).

Additionally, the bill puts control and choice back into your vote. We all know that government has ways of relaxing any restriction placed on it; we've seen it with TABOR. But at least, this measure compels public servants to ask you first before taking a raise, before seeing your utility bill and phone bill skyrocket when you relied on the two year provider contract. I've never been one to like strangers having a monopoly on my budget decisions.

Government is trying to guilt you into voting no to 101. Because a very small percentage of the fees we pay for telecommunications are federally required to subsidize low income, or the blind, deaf or speech impaired, these fees will likely be paid out of another source of taxation or government funding. Government is not concerned about charity nearly as much as it is about the portions of these fees that line government salaries. You don't have to feel frightened for the underprivileged.

I value my opinion, as you may have noticed in this blog. I would like to keep my personal voice when it comes to taxation and spending.

But, perhaps you like taxation and spending more than I do. Well, good news! 101 does not take away your opportunity to contribute to government as much as you like. It merely gives you a choice in the future when you find that your district representatives do not represent your interests.

Some of my good friends are campaigning for all their worth against 101 saying that it will bankrupt schools. Don't ya just resent fear mongering? What I love about 101 is that K-12 will get the state funding these grades deserve. It will merely force the C.F.O. (Presidents) of Colleges to do their jobs and raise private funding rather than depleting all the State money that should be going to our kids' basic education. It will put genuine competition back into play amongst the Universities. Grades and character will again matter. The market will matter. After all, colleges are private business all too long having masqueraded as "government".

In conclusion, I would urge all those who do not care whether their votes are heard later, to refrain from voting on this bill now. If you insist on being heard on this bill 101 now, I challenge you to continue the right to be heard, and vote yes as an investment... towards your own voice, your own control, down the road.

Link: http://www.englewoodcitizens.org

Amendment 61 would place severe restriction on governmental agencies borrowing money and would basically eliminate the ability to purchase large items through a lease-purchase agreement. It would encourage business owners to do Colorado business, and government agents to keep Colorado trust, do their duty, and very little else.

TABOR placed severe restrictions on governments to engage in any contract for goods that causes future governors to be yolked to the debt. But in Englewood, governors have disregarded TABOR, and I'm sure like other municipalities, are finding ways to bundle services with goods, or simply failing to notify the people of the right to vote on important contracts. You can read City Council's contract this Summer with the reprehensible BP (gulf oil spill company)also known as Ameresco for the Solar goods, maintenance, and higher energy costs for Englewood over the next 20 years.

Violations for ignoring the law have been shrugged off. So what? Judges tend to say. If a home rule entity wishes to indenture future generations, who are we to interfere?

So, frustrations of those denied recourse in the courts and being depleted of resources by trusted servants have now won the right to petition you because they had legs enough to walk and presence enough collect the signatures, which is a feat in itself, to put ballot 61 into play.

Where is the teeth to Proposition 61? It requires the same kind of oversight accountability for governors that is required of CEOs and CFOs. It requires that tax rates raised for the specific item say, the production of government services or buildings or roads, must then be reduced after the projects are paid for. Presently, the system is that once the funds are raised, the expiration date of the tax is simply ignored, and Coloradoans keep paying, but the money gets filtered off to new projects.

61 tells government that people do not want to be sold "a temporary war time tax" yet be forced to pay into it indefinitely. This proposition requires a "truth and lending" element to the practice of raising taxes by requiring that the tax ceases when the museum or transportation system is built.

If governors have a pet project, they can no longer fund it under the table, but must deliberate it thoroughly and present it for a vote through a blue book type disclosure of all the angles.

Another thing this idea does is stop allowing Englewood to say it is raising bonds necessary for schools buildings while depleting the school fund for filtering money to private developments of say,...um... let me think... oh,... City Center...yes, case in point. Now, I loathe City Center's empty storefronts, but I loathe empty-eyed kids more.

Knowing how to budget your own money is a trick, but at least the spending stops with one household. Compare that to the State of Colorado which now owes 17 billion in debt it didn't ask you for permission to obtain. And for what, you ask? Have your parks,roadways, business district or utilities improved? Colorado is presently doing business like a banker or entrepreneur, taking much needed commerce and control out of the private sector.

Amendment 61 changes the present terms of State funding to public universities which have been secretly filtered to certain universities without voter approval. No longer will the State of Colorado be the lender for select home buyers, businesses, ranchers and farmers. And, the biggest impact will be on the all powerful water districts which continue to "improve" without voter approval under the table, and then ask for higher fees.

Amendment 61 is a six pack of muscle back to the people. Vote Yes.

Link: http://www.englewoodcitizen.com

Dave Hill represented at the City of Englewood, on Monday evening regarding the celebration of a waterfall of income. The city's special water district will now earn approximately $2,000,000 per year because it just won a longstanding legal battle with the City of Aurora for 590 acre feet of water rights per year. Now, Englewood can turn around and lease these water rights to the City of Centennial, which is desperately in need of water.

No one likes to talk about dry history when they are celebrating a big splash, but just briefly, allow me to pour one on: Back in the late eighties, the Cities of Thornton and Westminster wished to keep Stanley Lake full to service more of their water directly for their cities' use. Englewood made a deal with them to allow 590 acre feet of it pass through to Englewood.

Along came the City of Aurora, and paddled out a later deal with Thornton and Westminster for their own water, but they left Englewood out. Englewood did not like its senior water rights being diverted, and for many years has dammed up the City of Aurora in a legal battle to return what belongs to Englewood. The matter was settled this week.

What's the value to you, you ask? According to Robert Cassidy, Englewood Water Board Member, about five million dollars per year! This is a huge benefit to Englewood businesses and residents because it should lower the water bills significantly. It should also stop the rate increase that was scheduled to happen this year due to the E.P.A.'s requirement on Englewood's water board to install a U.V. disinfectant system.

The cost of this U.V. start up equals approximately one year's revenue to Englewood from the City of Centennial's purchase. Putting it simply, hope for your household budget floats on water rights. Good Work, Water Board!

On the other hand, the Mayor recognized that a line had been crossed in the City's policy on overspending, funds which are kept completely separate from the special district Water Board. Mayor stated that City Council is forced to dig into the long term asset reserves 9.2% percent at this time. To help offset this topsy-turvey raft that's about to drown the budget, the City declared a fiscal emergency, on September 7, 2010, Monday evening. See Ordinances, Resolutions item 11. to click on the link and listen for yourself.

However, the Englewood City Charter specifically prohibits this kind of fiscal emergency, in Article V, Ordinances, section 41. Section 41: Emergency ordinances even to catch a fleeting interest rate are not permitted.

Emergency ordinances necessary for the immediate preservation of public property, health, peace, or safety may be introduced, read and unanimously approved by a quorum present, at any meeting of the Council. The facts showing such urgency and need shall be specifically stated in the ordinance. No ordinance shall receive final passage on the same date it is introduced; however, emergency ordinances may receive final passage by Council on the following day. Emergency ordinances shall take effect immediately upon final passage and shall be published within seven days thereof. No ordinance making a grant of any special privilege, levying taxes, incurring indebtedness, authorizing borrowing money or fixing rates charged by any city owned utility shall ever be passed as an emergency measure unless the indebtedness, or the borrowing of money has received prior voter approval, or the indebtedness does not require voter approval under Article X, Section 20 (TABOR) of the State Constitution.
(Amended 11-2-1965; 11-6-2001)

But a 2 million dollar annual gain is apparently not sufficient for Water Board Director, Stu Fonda, who approached City Council to pass a hefty increase on non emergency utility fees for whenever water or electricity is shut off at your home after hours or on weekends. This is only typically shut off for construction, but occasionally, as Councilman Bob McCaslin pointed out, an escrow issue could occur on new home owners, as happened to himself, where his own water was shut off after hours. This would effect landlords and property owners whose tenants have failed to pay their bills as well. The person on call would have the personal authority to make a decision as to whether to charge a citizen or not.

Requests to turn off sprinkler systems, or at a plumber's request are passed along to the homeowner at an initial new fee of $150, and $75 per hour thereafter. Pay attention, folks, the City is passing along their own failure to stay within their own budget onto your shoulders. Since this is not a matter of public safety or necessity, and the funds go to the special district, City Council should have negated Mr. Fonda's greedy little water request.

It was slightly amusing that McCaslin, at large, admitted he called the police and the fire department before thinking to call the water utility, and that this was the event nine years ago that spurred him on to Council to make better policies. (Uh...now's the time to bob in that pond with your thinking cap on, Mr. McCaslin.)

Could Englewood's budget discrepancies be a problem of priorities? During study session on Monday evening, a sells job from PLACE Ventura, seeking to relocate to Flood Middle School, was presented for well on an hour, asking the City Council for a four million dollar line of credit backed by the City. This representative of PLACE dressed poorly to be asking a city for so much money. His suit was cheap, his collar was wrinkled and his tie was slung low. His cohort, who had flown out from the East Coast to provide architectural services, sat behind him in blue jeans. Nevertheless, Linda Olsen was visibly impressed, and Councilman McCaslin asked excited questions. PLACE admitted in the presentation that if PLACE Ventura defaulted on such a loan, after utilizing say $2,000,000 of it, that the City would be left holding the bag.

After enduring this sales pitch for an hour, it was time to review the City Budget Crises. Ah, too bad. Time ran out. You can hear the all of two minutes given to this encroachment onto City Council's time for yourself. Have a good swim.

Link: http://englewoodcitizens.org/

On Monday June 21,2010, the Englewood city council voted to purchase electricity from Ameresco, an energy audit company. The company would install solar panels and would own them, and the city would buy the electricity. But the contract terms show the City has also purchased the solar equipment from Ameresco. The term of the contract is 20 years with a 10 year option. The price is a little higher than current Xcel prices. The anticipated cost to the city the first year is $39,000. There is a 2% increase built in each year for the 20 years for a total cost projected $1,051,000. The City bidded a contract with Ameresco for the energy audit only, not for the services and product which came out of the audit.

Concerned citizens, moved by Mr. Douglas Cohn, have requested the District Attorney's office look into two apparent violations of law, and one ethical violation of attorney/client representation that occurred when the City of Englewood signed the contract with Ameresco.

1. In the Englewood City Charter, chapter 113, there is a requirement that all contracts over $25,000 must have at least 3 bids. There was only one.

113. Competitive bidding.

Before the purchasing officer makes any purchase of supplies, materials or equipment, in excess of $25,000 or as prescribed by ordinance, he shall give ample opportunity for sealed competitive bidding, with such general exceptions as the Council may prescribe by ordinance. Council shall not exempt any individual contract, purchase or sale from the requirement of competitive bidding. No officer, appointee or employee of the City shall be financially interested, directly or indirectly, in the sale of any land, materials, supplies, or services to the City, except in case of purchases submitted to competitive bidding or not exceeding an aggregate of $100.00 in any one year. The lowest and best bid shall be accepted or all bids will be rejected. If the lowest bid is not accepted as being the best, such rejection must be approved by Council. Provisions in this Section shall not apply to professional or technical services, or services of regulated public utilities. All invitations to bid shall require bidders to meet the requirements of State Statutes regarding preference of State products.(Amended 3-24-1981; 11-3-1987; 11-6-2001)

Englewood has not "deBruced" this element.

2. In Colorado's TABOR (tax payers bill of rights), a requirement that all multi-year contracts must be completely funded by the signers at the time of the contract, or one year contracts with extensions can be signed is mandatory. Elected bodies must not sign long term contracts which bind future members of that body.

In this case, the city chose the one-year option with extensions. However, the deception is built in: The contract lists a hefty penalty for withdrawal or cancellation at any time within 20 years. The penalty at the end of the first year is $1,051,000; the second year is 19/20% of that number; etc. These terms do not sound like a one year contract.

The ethical problem comes about because of secrecy. The addenda labeled D1,D2,D3,D4 details the termination costs. But there was considerable difficulty in obtaining these exhibits attached to the Ameresco contract. The notes were not included in the version of the contract the City posted on its web site. They were not included with the library's copy of the upcoming agenda proposals or contents of the meeting. And, there was no hearing. Someone had to search Englewood's website for them under "confidential".

This seems not only to be a clear violation of TABOR, and the City Charter, but also a clear violation of an Attorney/client's right to full disclosure and publication process prior to the Englewood City Council's vote.

When the non-disclosure of these pertinent documents was brought to City Attorney Daniel Brotzman's attention, his only response was, "Opps! Someone went wild with the confidential stamp!"

Sometimes, Cities are immune from liability when a mistake happens. In this case, however, because the vote was rushed and was taken without the constitutional requirement for multiple bids and the City's right to full disclosure, the full weight of the malfeasance lays on City Attorney Brotzman's shoulders. His duty was to defend the City, not play dirty.

Mr. Cohn was incensed by yet another secretive vote that depletes his own wallet. Because this is a type of robbery, Cohn filed a police report with the Englewood police department on July 23, 2010. A copy of the police report was included on "council newsletter 7-29-10", which is a private informational letter that is not made public in the library packets to concerned citizens. City Council stated in Study Session that the matter would not be discussed. The next step was to contact the District Attorney's office when the Englewood Police failed to act.

Charges against Brotzman's license may include extortion since he, as a paid employee, negotiated Ameresco's deal with the City by offering a deal to the people without disclosing the twenty year costs and penalties.

"Opps!" is right. "Someone went overboard with the confidential stamp."

Link: http://englewoodcitizens.org/

Has anyone noticed housing and property tax assessments continuous rise? Yet, Englewood School attendance is low, so low an entire school in Englewood closed down a couple of years ago. The only legal way to raise property taxes is by public vote or in proper relation to the school enrollment.

Yet, City Manager Gary Sears continued to budget and spend as if the ceiling was merely foggy. Absolutes do not pertain to him, because he is absolutely above the law.

The official spokesperson for Englewood government, Tom Munds, reported in the Wednesday edition of the Englewood Herald, front page: the "gloomy picture" Manager Gary Sears has finally owned up to. The problem is, Sears is not cutting the budget in his own salary or benefits, or those of his top cronies.

Instead, the Englewood Herald cites that Sears proposed "transferring about $600,000 from other city funds, and reallocating the Long Term Asset Reserves to the City's general fund!" Is anyone screaming about this theft?

Not Mayor Woodward. Not a peep from that fearless leader is heard. The only place Woodward responds is in the additional targeting of many various City services such as street repair, Parks and Recreation, the Summer Concert Series, and the Art Shuttle. Then, Woodward is reportedly moved. "I don't think eliminating the Art Shuttle is a wise place to cut spending because a lot of residents depend on it."

Nevertheless, Mayor does not ask that employees take several more furlough days, nor does he suggest that the heads of department salaries are actually cut rather than merely frozen.

Tom Munds again reported in the same edition of the Englewood Herald that a Code Enforcement Advisory Committee special meeting is scheduled on the ordinance governing the parking of trailers and recreational vehicles in one's own driveway.

Back up. Munds writes, "The turnout was sparked by a flier indicating the council was about to take action to pass more restrictive rules. However, about half the people left the July 19 meeting when Mayor Jim Woodward said no council action was anticipated on the issue."

Yet, special meetings have been scheduled to quickly address the issue. Munds admits the advisory recommendation could be to leave the rules unchanged, but that the City's Code Enforcement Officers have been told not to enforce the current rules. Apparently, the City's newest ordinances do already encroach onto private driveways, and the residents who packed out City Hall on July 19th should not have been so easily dissuaded by Mayor's downplay of the situation.

Considering the discrepancy in Mayor's wages to City Manager's wages, Woodward certainly has been accommodating. The problem is, Mayor is not the only person being taken advantage of. His job is to protect the people's resources and welfare, oversee that government administrates Parks and Recreation and street maintenance to the fullest extent, and insure Englewood's future Assets are not raped.

This is a public emergency, and it did not happen over night. District Four Representative Gillit has been harping on the fact, continuously shut down by the rest of council, as was the infamous Laurett Barrantine's (District 3) vocal tirades on the matter. But no "Emergency Meeting" has been called over the City's finances.

Public Criminal number one is hiding in plain sight. What's a Mayor to do? Especially since, he has been complicit all these years in creating the fiscal emergency.

Link: http://www.eyeonenglewood.com

After one of Matt Crabtree's political groups delivered fliers to owners of campers and recreation vehicles, Matthew Crabtree became the target of retaliation. Why? Because one interested citizen packed out a full house against Representative Linda Olsen's intent to disrobe her neighborhood of their vehicles.

Next thing Matt knew, the City Attorney, Dan Brotzman, investigated his political group to see whether it complied with the Colorado election statutes. He employed the City Clerk, Lou Ellis, to see whether Matt could be prosecuted for running an illegal campaign.

Clerk Ellis and Attorney Brotzman contacted Mr. Crabtree warning him that his political group was not in compliance with the Colorado regulations for backing a candidate, but that since he had registered it in good faith, they would not prosecute him this time.

The warning was clear. "Either back a candidate, or stick to one election topic. Since this wasn't the topic of your flier, your group doesn't qualify as a political action committee under Colorado statute definitions."

"What does that mean?" Crabtree asked. "You don't have the power to regulate me if I don't fall within the scope of your definitions?"

Brotzman snapped that he could not put the committee name on the bottom of his fliers any more, that he must put his own personal name on the flier.

Brotzman then patiently explained that in Englewood's ordinances, any corporation advertising in Englewood, must not only identify themselves as the corporation, but also add the corporate representative and his or her phone number on the flier.

Crabtree was incredulous. "You mean, you would prosecute Breakfast on Broadway for advertisements or Yard Sellers for posting a sale sign without a phone number?"

Nothing more than a chuckle echoed across the air space.

It is clear that where retaliation comes into play in Englewood, the enforcement of ordinances are selectively enforced.

Matthew found a ticket for alley weeds upon his return home from work that evening.

Don't speak up about your opinion on anything in Englewood, and they will not prosecute you for weeds, or building permits, or raising your political voice.

At study session on Monday evening, Linda Olson, District Representative II, asked, "how can City Council stop this kind of thing?"

At that point, District I Representative, Joe Jefferson replied, "Hold on there. You are in the public eye. You cannot stop it. People have the right to respond to our policies." Basically, Mr. Jefferson was upholding the Constitution's freedom of speech clause and the right of the people to redress government.

Nothing stinks more than that moment during an argument when you realize you're wrong.

Is it against the law to be a Town Crier in Englewood? Of course not. Hasn't the NAACP already settled that privacy and freedom of association protects the identity of the members in a group or club? Of course.

The power to regulate does not apply to absolute rights or guaranteed freedoms. Matt and his grass roots convoys may continue to roam freely through their city and campaign however they wish in response to the City's illegal encroachments.

Stink bugs catching the leftovers of the picnic, whether dressed up in black ties and shorty pants or not, are still just bugs to be flipped off.

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://www.eyeonenglewood.com

If there’s something we’ve all learned over our political years it’s this. When you wish to sell something, like a fist full of pig’s knuckles, make sure you wrap it in a pretty package. This week the Nation looked at the hard law when Arizona ratified the federal immigration law. Some laws are more simple in that they don’t cause much controversy for politicians seeking to please. This one was bound to be unpopular in that it attempted to seek what was just. Did it miss the mark?

Compassion is important to religious and moral people alike, which is why catering to inclusiveness continues to be a tasty appetizer for marketing laws. The question distinguishes between legal aliens and illegal. But, is it cruel and unusual punishment to oust people from a home, a job and even their families when they are illegal aliens?

Military man, John Miller, says: “There are beautiful people who we all wish the best for, but if you drive without a valid driver's license, in Colorado even, you will be fined and potentially jailed. That's you, me, or anyone else, regardless of our nation of origin.”

A friend of mine, Jose Escobar, who is an immigration attorney working for the rights of the poor, has suggested the State of Arizona made an immoral law because it seeks to punish whole families for what was only “winked at” and was not punishable two weeks ago. It's a matter of grandfathering those who have already relied on the present system of law. Other currently transplanted Colorado residents also decried the Arizona law against their State of origin, saying how ashamed they were of their Arizona governor.

John Miller responded, “I'll just have to say that I've traveled the world and I know what to expect when I'm a guest in someone else’s country. I don't expect or demand the rights of citizenship. And I darn sure will not be given them. I'm not aware of a country that would be as lenient as the US is in this regard. Hard working immigrants take years to acquire the rights of citizenship, their efforts should not be diluted by those jumping the queue. Some things are legal and some are illegal.”

It is immoral when the laws of America frighten people, yet, Miller’s eyebrow raises as he states the obvious, “Are they so scared they're rioting out in the Open? Once you decide you don't have to be law abiding, it's easy to be uncivil.”

I have to agree that’s it’s rather uncivil to demand the world embrace you whether you are right or wrong and at everyone else’s expense. So, the question is put, once again: When policy makers make laws, do they target individual people or do they target justice? And within those boundaries, people show compassion as good members of society over and above the law.

In home rule Englewood, the City Council, as of May 20, 2010,is still debating inclusiveness as a marketing gimmick. Along with the inclusiveness technique, pretty Linda Olson used a non-inclusive technique, well-prepared before the meeting, to try to intimidate fellow council member, Rick Gillit last Monday evening, in order to address volunteerism and enacting a law that would coerce residents in Englewood to volunteer for areas the City chooses to target.

The problem is that Gillit had a family member in Nazi Germany's Dachau, who was murdered there. Over the entrance to the concentration camp, a sign was posted, "Work Makes You Free". This motto was a complete lie, and anyone who relied on it died in unreality.

Just as slaves and prisoners are not volunteers, hiring more City staff to oversee new "volunteer" agencies is not free to taxpayers. Deception is underfoot.

It takes a wise person to see that laws must exist only when necessary, and only for the good of the whole, and that too many laws encroach upon your rights or mine discriminantly.

The place of compassion and volunteerism is not settled under pressure. Nor is it to be funded by government. Government is precluded legally from funding non-profit charities. The City's place is to see to roadways, parks, emergencies, water, utilities and caring for necessary staff. (See the scope of authority given by City Charter) This compares to the scope of power given to home rule cities from Colorado Revised Statutes and the state Constitution. Forming new, paid positions, for charitable aims is simply extraneous.

Ms. Olson's prepared tact of using President Bush's inauguration speech was a pretty package of intimidation and nothing else. Someone with her credentials should know better.

Link: http://www.EyeOnEnglewood.com

"Cities of Service" is coming to a City near you. In fact, the invitation descended upon Englewood by way of the City Council packets this week.

After thousands of tax dollars sent City Council members to the National League of Cities last month, the League of Cities sent Mayor Woodward an invitation. Mayor Woodward approved of it and invited City Council to join him.

So, how does the Cities of Service describe itself? By a national invitation for all Mayors to manipulate their citizenry into the Single Collective. The call from Cities of Service is to employ all residents to volunteer for projects identified by the City itself "in dire need of aid."

Like the Borg, they travel through diverse civilizations and societies, assimilating their citizens into their own single collective mind. They insert microscopic nan-probes into your blood stream that travel around infecting your DNA, slowly transforming you into one of them. They are ugly.

"The worst thing about The Borg is that there is no individuality at all. Every unit is connected to the whole, and there is no capacity for individual thought or expression. This is feared most in a postmodern universe. Their infamous greeting of any species they happen to cross paths with is, 'We are Borg...you will be assimilated...resistance is futile,'" writes critic, Paul Vieira.

Is the Borg just a science fiction depiction of Nazi-ism and Cities of Service-ism? I've heard that Hitler was a winning politician who indeed charmed German youths with soundbites of cultural feel-good ideas that seemed harmless until he found you opposed them. Don't modern politicians get it? This post-modern era fears assimilation into any form of authoritarianism. We are skeptical even of forced charity work.

With the dawn of "Cities of Service", comes the defeat of your own personal choice to express your own religious style of human aid, political aid or your indifference to aid. It demands you be assimilated or face "high pressure sales" manipulations, or peer pressure humiliations for non-conformance to the City's agenda.

People only have so much time to donate to their volunteer activities, and they like to chose wisely. But, "We are Borg" has arrived in Englewood. What's a trekie to do?

Link: http://www.EyeOnEnglewood.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Link: http://www.EnglewoodCitizens.org

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

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

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

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

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

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

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

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

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

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

Link: http://www.EyeOnEnglewood.com

As we move into the solar energy age,the City of Englewood is faced with many choices, some of which are being watched closely by the City of Lakewood. Unfortunately, the Englewood City Council has narrowed all this down to just one choice: Should they or shouldn't they accept an offer from a company named AMERESCO for a 25 year commitment to solar panels.

A company named AMERESCO has offered to do an energy audit of the municipal buildings if the City will commit to a 25 year contract for solar panels.

The City rents the main building known as 1000 Englewood Parkway. The Service Center is surrounded by tall trees that would require being chopped down in order to use the panels and the Recreation Center already has windows surrounding the South facing direction for optimum heat absorption between the prime sunshine hours between 10:00 a.m. and 2:00 pm, four hours per day.

How do the citizens of Englewood know that they will receive the latest, best equipment from AMERESCO? Is it last year's technology? Will it be outdated next year, and taxes be locked in to supporting the equipment for another 25 years?

I remember when health clubs would "hard sell" a 10 year membership to young men and women. Unsuspecting people rarely realized how their lives and movements would change, or how health technology and the companies would change or evaporate into thin air in a mere ten years. Then, think about solar and wind energy being on the move today!

The City is committed by Charter to offer competitive bidding. Belmar Green is a vested developer of green energy and Englewood would do well to pay attention to the choices they are making. One contractor, (anonymous) who often works with the City of Englewood is surprised to learn that there are no public offerings on the table so that he could make a bid himself on helping the City into the green age. An obvious competitor might be Namaste Solar.

Why not turn the tables and offer Englewood to AMERESCO or another company as a green study in exchange for free technology? Certainly, the early technology would warrant this kind of offer from a city the size of Englewood.

What will it cost Englewood in the end to repair the roof damage or to maintain the holes in the roof or to take down the obsolete equipment?

Solar energy is not simply used for heating and lighting, but in the case of Englewood, also for air conditioning.

Energy employees at the City of Denver were asked by a source named, "Mitch" how they keep the Capitol cool in the summer without air conditioning. They stated that ventilation is a key often overlooked by consumers. They also suggested the City buildings turn off the hot water during the summer months since bathing is not an issue in commercial buildings.

On the other side of the coin, how would solar panels impact the heating bills? AMERESCO proposes a 10,000 watt or 1% decrease in the monthly bills. This is nowhere near what wind energy could provide or geothermal energy.

Certainly, an updated generator grid would be an option for Englewood since it is the flow of the distributive power being generated that actually effects costs. Until the flow of energy is changed to disburse the energy from its source to its destination, it doesn't matter if every business in America has solar. It is the shortest route that brings the costs of energy down.

Concerned Citizens in Englewood (ECOG) assert that the City can save more money by changing the light bulbs in the building to energy efficient ones, and upgrading insulation or even triple paning the windows before trying out solar panels on a 25 year locked in commitment to AMERESCO.

Jimany Christmas, Batman! It's the Joker offering the Mayor a City deal of the century! Then again, its the Mayor who had his own home recently fitted with energy panels. And, after all, it's not his own money he's committing for 25 years.