Eye On Englewood

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

I caught Rick Gillit between Real Estate appointments, and found the man able to close a deal.

"Okay, Rick," I say, "Let's cut to the chase. Your bio in the Englewood Citizen doesn't offer up much about you beyond your private life. Why?"

"Well, there's a lot of negativity going on in Englewood right now and I kind of wanted to separate myself from that."

"Meaning, what? The City's intrusion into private business practices or the debacle on Pearl Street?"

"Aw, come on, now." He says. "I think that thing over on Pearl is an anomaly. The Bartnicks have some nasty people for neighbors. That doesn't mean the rest of the City is like that. Englewood is better than that, and I want to focus on the positive."

"But you agree that diversity should be allowed in Englewood, including boarding houses?"

"Funny thing. I think Mr. and Mrs. Bartnick believe it's about mixed races living together, and that is certainly the way the City Council prosecuted them, but I think the whole thing was more about small egos who were jealous of that house they built. It's a very nice new house."

"One of the things I read about that issue and you was over a year ago. You appeared at City Council on the side of the boarding houses. Why?"

"Bill, again, I felt those students were harmless. They weren't a frat house. They lived with the Bartnicks. They hadn't done anything wrong, and there is the humanitarian aspect that my wife and I believe in, so we supported. But, just last week, I had some lady who sits on the Code Enforcement committee chase me to my car taking pictures of me and my car saying, "I know who you are! I don't want your election crap!" Frankly, the woman's venom frightened me. City council really handled this thing poorly."

I test him. "Gillit, you gotta know it was a single family neighborhood. Concerns are raised..."

"Look. I'm in the real estate business, and so is Mayor Woodward. He knows and I know that single family housing means a house built in a structural style that allows for a family to live there. It doesn't mean someone with a four bedroom house can't rent out the empty rooms to three seminary students. It just doesn't. The City overstepped."

"Then there's that issue like the sign code thing that showed the present City Council was on the wrong side of the law. You're a proponent of free speech. Why don't you capitalize on that?"

"Yeah, exactly." Says, Rick. "But you gotta be sensitive to parents too. It's a touchy issue when pot smoking Alice in Wonderland murals are allowed within the meaning of free speech. You can see why the idea of heavy regulation and government controls appeal to some who don't know how to discuss these things with their kids."

"That pot smoking thing. It's another hot topic for Englewood with medical marijuana pharmacies isn't it?"

Rick grimaces and rolls his eyes. "Yeah, my district 4, at the south end of Broadway is being called, "Broaderdam. That's what I'm hearing as I walk the district."

"What can you offer on that one?" I ask.

"My thing with that is that it's already legal. I'm not gonna argue with the law in Colorado. What I want to do is help protect the property owners who might have their buildings confiscated by the FBI if the pharmacies overstep the law. We don't want to see more empty storefronts all over Broadway."

"Do you have any plans along that line?"

"Sure," says Rick. "And, I think that they shouldn't be zoned in with the pawn shops. They should be zoned like other pharmacies in Englewood...or like liquor stores."

"So, tell me about the dog issues Rick. Seems Englewood continues to argue about dogs year after year. Can you pull the City off of that hill?"

"Absolutely." Rick crosses his arms. "I have dogs. I know they need to run. But we can't have them scaring the elderly or the children, or people with disabilities. They need their own park."

"You're gonna make that happen?"

"2009? Why not? The Council seems to think it's the vote of the majority that counts. The one with the biggest stick. I think the City Council is afraid to step on each other's toes. Wayne Oakley has said outright, I think twice on Monday nights, that he won't vote against Jill or Woodward. I can vote my conscience."

Link: http://www.EyeOnEnglewood.com

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

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

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

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

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

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

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

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

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

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

Link: http://www.EnglewoodStory.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Link: http://englewoodstory.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

W

Link: http://www.EnglewoodCitizens.org

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Link: http://englewoodcitizens.org/

Closed. Closed for the seasons... and "We Are Nothing"... These are the whispers of experts.

During the City Council study session of April 9, 2009, Alan White, Community Development Director for the City of Englewood presented a 20 minute video presentation from a group of experts from Urban Land Institute (ULI).

There is something to be said for being first, and I'm happy to acknowledge the virtue of creativity. Mayor Wolosyn would have agreed. The expert placemakers acknowledged Englewood's attempt at a transit oriented community as being the first in Colorado.

It's always easier to improve on a prototype, but creating the prototype is hard work. I'd shake Gary Sears' hand for this if he'd care.

Community Development Director White cautioned Council before pressing "play" that City staff do not necessarily agree with the experts' findings. Then the lights went out.

Read more »

Link: http://EnglewoodStory.com

A couple of items stand up shouting at me from this most recent City Council meeting. The first is a letter from Lance Smith, who is the head of Englewood's building department.

It was distributed to Council that night, obviating its way around the library's reference packet for the public.

The letter said that Englewood obtained a low grade on risk assessment because it's building inspectors are performing too many inspections every day. ISO recommends two daily inspections because a thorough inspection takes a little longer.

Englewood performs as many as ten inspections a day. Mr. Smith reported to Council how their grade confused him seeing as they can perform so many inspections in a day. But, safety inspections are not a race.

Read more »

Link: http://EyeOnEnglewood.com

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

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

Can this aging problem be addressed creatively?

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

Read more »

Link: http://englewoodcitizens.org/

Englewood's City Council recently cinched the deal on decriminalizing code enforcement issues, like lawn mowing, and snow removal. This, after many hard years of City Manager Sears' labor seems newsworthy.

While most residents appreciate that they do not live under a Home Owner's Association's stringent rules for hard to get repairs, they've been in the dark over the last four years not realizing the crafty hand of their own City management was robbing the pockets of their own properties.

Residents do not believe Eminent Domain (usurping residents’ properties by government tactics or by well-financed developers) is a valuable reparation for the process of development.

At least in an HOA, homeowners will get exterior improvements for their fees. In the City, however, homeowners pay exorbitant interest and fees to pay off City liens...for what? Cutting grass? Where is the value?

Read more »