Eye On Englewood

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://www.I2I.org

On Tuesday evening, June 9, 2009, 6m at the Englewood Civic Center, the City hosts an open market for determining the image of two important districts, the Historic Broadway Business District and the as yet undeveloped Swedish Medical Business PUD located between old Hampden and I-285.

Having attended the first open market, I am interested in this "Final" market approach, especially since a public hearing is approaching July 6, 2009.

In the first go round, everyone who attended was given sticky dots to affix to their preferences--as represented by the Planning and Zoning Department--of lighting, artwork, street designs and sizes, mall signage, and cross-walk design.

It made for a fun evening out.

While engrossing myself as an outsider in attempts to understand and make choices, to make my mark as it were, I began to hear murmurs from the other guests.

Business owners were saying, "I like this one, but who is going to pay for it?" A person with a disability stated emphatically, "Don't choose those posts at the crosswalk or we can't get our wheelchairs through them."

A politician argued against the cobblestone look of the cross-walks because the cobblestone laid in Denver's Larimer Square is requires regular maintenance because of bulging, trippage and breakage.

One business owner discussed with a citizen the fact that they each quite liked the idea of overhead lighting on Broadway.

One wanted to see Englewood by satellite. The other wanted an atmosphere to invite nightlife into her otherwise small town. Those overhead white lights would accomplish both economically.

Someone like the arch idea and said, "Couldn't Englewood use this idea to incorporate that bridge from the South of I-285 to the Civic Center?" "No, no." She was corrected, "That arch idea is not presented for the Civic Center, but only for Historic Broadway Businesses."

Upon another person entering the discussion, a critique was made that Broadway's present buildings are only two stories tall at most, and every other one is ranch style height. "Who are they trying to fool with these depictions?" He hissed. "This ain't Broadway."

This point led into whether Englewood intended to rebuild Broadway's lower structures similar to Littleton's redevelopment, and if so, what would happen to the existing businesses?

A chill entered the circle of conversation, then hovered over the voters. They realized that too little information had been handed over, and the depictions of choices were not depictions of the existing Englewood centers.

Further, Englewood does not have the money to improve Broadway presently. It's simply not in the budget.

Questions started arising such as why the City is presenting marketing idioms from two completely separate situations: One being a pre-existing historic Broadway, and the other concerning a largely scraped block of empty land with a few blocks of populated housing and flourishing small businesses.

Someone pointed out that he lives in a small home in the Swedish redevelopment area. "Would my place eventually be taken through eminent domain?"

"Maybe you're land values would increase if it gets zoned commercial," poised another.

There was an awkward shuffling of feet. The hoopla began to wain in the face of larger implications to private property takings.

Questions of business owners' businesses, their rights, taxes and choices being run over by the City 's prostitution of their property to the masses suddenly became a concern.

Why hadn't the City approached the Chamber of Commerce with these matters first or dialogue in a less-expensive way about real proposals and real needs?

Why must the City narrow the already narrow street of Old Hampden while creating a mall that will produce more traffic?

The owner of a mechanic's shop explained how the overlaid redevelopment proposals work against grandfathered business owners. He told his own story about being pushed out of business and forced to sell because he could not obtain a new proprietor/lease until after the six month window of City-allotted time had lapsed.

"There is only so much an owner can do with a building designed for car mechanics." Expressed one sympathetic guest.

Yet, the City ungrandfathered this land owner and forced him out because they had their own plans for that prime corner lot on Logan and I-285. A big beautiful bank now sits there.

The City's position is that outdated, unkempt properties need to be updated or replaced.

Somewhere in the mix are the answers for better stewardship of the existing images and markets of Englewood, and a means to upgrade properties without taking over viable existing rights.

If the City wants to exercise control, it needs to fund its existing rehabilitation budget before implementing frivolous marketing parties and coy marketing plans for eminent domain.

Collecting the funds first and utilizing them for the public benefit is one thing. Diverting tax moneys already vested and raised to other City employee benefits and frivolous exercises is another.

Public Hearing is set for July 6, 2009 to gather public input.

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://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://www.englewoodcitizens.org/

Bill Offrights

Some of the fancier Colorado communities go al natural as to driveways and sidewalks. It doesn't seem to impact the design of their communities or the value of property in the neighborhoods to prefer water to concrete. Water seems necessary to growing great trees, and the earth is softer to walk on.

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