Eye On Englewood

Link: http://www.englewoodcitizen.com/

Announcing the 2011 Englewood Budget Hearing. Monday, September 20, at 7:30 pm, Floor 2, Englewood Civic Center.

Please Take Notice: City Council will actually release the proposed budget the week after the hearing, on September 25, 2010...strangely backwards, but oh well. You can still register your general ideas, strategies, complaints and priorities this Monday at the hearing.

Note that it is the City's lawful duty by City Charter as well as the Colorado Constitution, article XX and the Colorado Revised Statutes §§29-20-101, 205, 24-65.1-101, et seq., 30-28-101, et seq., 30-28-201, et seq., or 24-32-111 to provide full and complete services to roadways, parks, fire, utilities, courts and police enforcement. Englewood is not permitted to cut these services by law. You can rely on your payments for these services through your taxes, because the government must fulfill their duties. It is the City's duty "to provide for the peace, welfare and safety" of your neighborhoods and your well being.

Do you find it okay that Manager Sears has proposed cutting the fire marshal position after the current fire marshal retires this year? Do you think that cutting city services is your sacrificial duty during a bad economy? Chief Vandermee of the Police Force is also retiring in May and another officer is leaving on his own accord. The City is not planning to replace these services for you next year, cutting services you will need and have grown used to.

It has been suggested that the City Manager's office itself is top heavy in the budget. Englewood recently compared itself to Northglenn, Colorado, a similar sized populous, but I've checked the figures and this is what I found:

Northglenn published a 2010 fiscal report, showing the total personnel expenditures for the city manger's office budgeted was $343,482 with a Full Time Employee (FTE) count of 4 people. The City of Englewood's 2010 budget, page 68, indicated personal expenditures of $591,340 and an FTE count of 5. The City of Englewood has one more employee, and a difference in personal costs of $247,858!

Total Expenditures for the Northglenn City Manager's office is $614,151, whereas the City of Englewood is $668,633.

Also note that the City of Northglenn has decreased its City Manager's staff/FTE by 3 people since the 2008 economic crunch, whereas the City of Englewood has decreased their City Manager's staff by .38(about half of a part-time position) since 2008. Englewood employs Gary Sears at $169,540, City Assistant Mike Flarity at $134, 410, Executive Assistant Sue Carlton Smith at $61,145, and Communications Coordinator LeAnn Hoffines at $61,046. And, don't forget that 42% of a part-time employee. These figures do not include cars, expensive seminars, gas or healthcare bennies. The price of all those extras to the citizens of Englewood costs even more. Nice...

Sure seems like some of these people could afford the hit that most of Englewood has already taken in their jobs. The City of Northglenn does not employ an assistant for every job. Why does Englewood? Perhaps because the head of Englewood has been moonlighting by teaching courses at the University of Denver, and playing golf on City time. Now, Manager Sears is proposing the City cut your services to you. This is the opposite strategy that Northglenn has taken.

Your "City’ Manager’s duty shall require the faithful performance of all administrative duties." The City Manager's duties and powers are enumerated in Sections 1-6A-2 and 1-6A-3 of Englewood's Muncipal Code, as well as the Englewood Home Rule Charter. Section 1-6A-1:E.M.C. (Code 1985, § 1-6A-1)

City Manager Powers.

C. Investigate;
D. Overrule Officials;
E. Delegate Duties;
F. Appoint Administrative Committees; and
G. The City Manager shall have all other powers necessary to perform any duty or responsibility conferred upon him/her by Charter or ordinance. Section 1-6A-3: E.M.C. (Code 1985, § 1-6A-3)

Mayor Woodward said last month that he used to call himself a fiscal conservative, but now he just calls himself fiscally responsible. Is this a joke? Especially in light of last week's Emergency declaration regarding Englewood's finances. A month ago, Mayor said he hadn't yet seen the "trip point." (that line in the available inventory that says an emergency is warranted). Two weeks later the "trip point" apparently arrived.

Last year at the public debates between candidates, Mayor Woodward stated the city has a "policy" not to go below 10% in its reserves. The policies that the Mayor enforces against its citizens are considered law with fines and jail associated for violation of them. Apparently,the Mayor is held to a different standard and sits comfortably above the law when subverting this policy of the City's important financial reserves.

Still, Mayor Woodward says he isn't one to micro-manage the budget so long as the Rec Center does not run out of toilet paper. He may be covering his own butt on this one. Seriously, go out and represent your higher perspective.

If you cannot make the budget hearing, please be sure to contact you district representative with your thoughts. District 4 Representative Rick Gillit and District 1 Representative Joe Jefferson are both actively involved with listening to their constituents.

Link: http://www.eyeonenglewood.com

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

It takes green to make green. That is the theme of the latest Englewood's heated discussion and vote; Five to two, in favor of a flimsy lie. District 4 Gillit and District 1, Jefferson opposed. Englewood, however, was rushed. Englewood citizens are now indebted to pay Ameresco, a green solar company, for the next 20 years on a lease of solar equipment and a $1.00 purchase at the end of it (outdated and worthless by that time).

Does Englewood get the benefit of the energy credits from Xcel? No. Ameresco as the provider and installer does.

It was "sold" to the City by the promise of 1.3 million in qualified Energy Performance Bonds (QECB-) from the Government Energy Office (GEO) to benefit the City's lease-purchase through savings of $400,000 over the life of the term. Ameresco provides their own annual measurements and verifications of energy savings. Sound anything like BP's arrangement with Halliburton and the U.S. Government to audit themselves?

Local chemist, Robert Cassidy believes so. He suggested, "Put a meter on the inverter. Numbers do not lie. No Ameresco measurement work is required for the sale of the equipment."

The deal is that Ameresco owns the panels until they are completely depreciated, but have been paid for many times over by the "lease" of them through Englewood taxpayers. Ameresco is only responsible for the panels by warranty, not for the bridge device. The average life of the bridge device is five to ten years, but Englewood will purchase that part in the deal, and can simply reinvest in a new one when it begins to fail.

Ameresco designs, builds, operates, maintains the system and will sell the output to the City of Englewood under the Power Purchase Agreement (PPA).

Call it what you will, it sure seems like this is the kind of shady deal, green or no green, that TABOR intended to protect the citizens from under Colorado Constitution, Art 10, section 20(4)(b).

On Monday night, June 21, 2010, Mayor Woodward, broke form outside his normal glibness, and became stealthily defensive when he claimed that nobody in Englewood cares enough about the budget to show up when there is the annual budget hearing. He then chastises the the individual who brought her concerns to council and calls her ignorant or an outright liar, twice. She is so offended she leaves the Council Chambers. Gee Whiz, Mayor Woodward! No wonder people don't care to express an opinion. District Representative Gillit said as much.

In the audience, a member of the Concerned Citizens group retorted, "You should publish it in the Englewood Citizen so that every household would automatically know about it and not have to pay for a notice."

Concerning the Breckenridge vacation that City Council is going on, City Attorney Brotzman bragged that he was going early to play golf. This was the first anyone had heard that several staff members were also asked and trips underwritten to attend the League of Cities vacation, not within the City's 2010 budget.

With the City Attorney being treated like the City's playboy, no wonder he missed reading the City Charter regarding the green expenditures and multi-year lease.

Link: http://www.eyeonenglewood.com

During June 7,2010 City Council meeting, the Denver Christian School requested a business variance to open a second hand store on Broadway. The history underlying this request is that the latest version of the Englewood code prohibited various kinds of businesses, including thrift. But in this economy, beggars can't exactly be choosers.

Senior Planner, Langon, suggested changes in the code to enable the School to open their store front. The only question there is whether the code should lighten up across the board, or whether the school will receive preferential treatment.

The School also requested a change to the square footage. Again, Council debated the advantages against the disadvantages, and several district representatives admitted that they had no vision for what was to happen along South Broadway, and did not talk with the business owners, but only amongst themselves. Olsen stated she was concerned that there was no real downtown plan, and also concerned about allowing a subcategory for nonprofits. McCaslin recognizing the limits of government in a unprecedented moment, suggested that it was more appropriate to allow the businesses themselves to determine such things, and that it was better for Council to let out the rope.(See Council Bill 11, See Item 11.b.1 discussion.)

Mayor Woodward, however, suggested that Council purchase a new set of aerial photographs for $5,000, at "a real bargain" and that further he personally used the photos for code enforcement issues against business and residential properties comparing the last photographs were taken. (Item 11-a.1. Council Bill 13).

"With a $39,953 loss anticipated this year,and a 2.5 million dollar deficit in the City, I am very disturbed about our cavalier Council," reported Rick Gillit after the most recent financial presentation at Monday's City Council meeting.

The votes are down the line, six to one, six to one, six to one, but District 4 Representative, Rick Gillit is sticking to his Mantra: "Stop Approving New Spending."

Mayor Jim Woodward's response seemed insipidly lacking in perspective when he said, "Well you know, back in 2007, we were really concerned, but we had a super situation and we came out on top." In 2007, Englewood was still rechanneling sales taxes from Cherry Hills and Greenwood Village. Englewood can no longer do that, so it must either amend it's spending or enact a higher tax on the people in order to make ends meet.

"I am very disturbed at this ongoing trend. It terrifies me that this Council just doesn't care." Said Gillit. Thankfully, Commissioners on the Board of Adjustments and Appeals stood up and took notice themselves in this week's Board meeting directives to the Englewood City Attorney, Nancy Reid.

In the BOAA meeting, two private land owners approached the Board because the present Englewood Code was inappropriate for their properties. Research performed by Commissioner, Douglas Cohn,was presented, showed that,

1. Englewood had originally drafted its zoning codes after Denver's zoning codes in the 1903 (Mayor Jacob Jones, and afterwards, with Mayor Daniel Sutton). These codes established the typical lot sizes as 25 feet and 37.5 feet wide.

2. Mayor Woodward had changed the entire zoning code (E.M.C)in 2004 off of a generated template from the Municipal League of Cities. This code replaced the old lot measurements with a minimum of 40 feet wide.

a. the template was geared towards new emerging cities, not
existing, and did not apply to Englewood's historic issues.

b. the new Englewood Municipal Code did not grandfather the
residents' pre-existing properties or conforming uses.
Therefore, all lot sizes under 40 feet wide are automatically
non-conforming in use.

c. The enacting of the new Code in it's entirety rather than
in smaller topical sections that had time to be reviewed and
researched in detail, violated Constitutional restrictions for
enactments.

d. Owners and developers are encountering logistical conflicts
in these last few years, throwing the City into numerous
lawsuits due to lack of foresight.

e. Owners cannot sell existing residences as a "conforming use"
and are forced to sell them as "non-conforming" uses at a loss
of value because they are under 40 ft wide.

Chairman John Smith III,'s ire was raised, as a multiple property owner and landlord in Englewood. He spearheaded the ensuing discussion and both of the residents approaching the Board for variances this week obtained their objectives. Chairman Smith and the Board of Adjustments and Appeals instructed City Attorney Reid to direct Englewood Mayor Woodward to revisit and amend the zoning code accordingly. The code is the Mayor's own yard work.

Link: http://EnglewoodStory.com

An interesting fact about Englewood's definition of household is that in 2004, Mayor Bradshaw enacted it in violation of the City's official purpose to mirror it's household code with the average of surrounding cities, the size of Englewood.

Instead, Englewood's definition of household became the most narrow of all.

In 2004, the newest legal definition of "Englewood Household" was enacted against Planning and Zoning Commission's recommendation of having no less than 4 unrelated people, that being defensible by law. This number also mirrored the median of other similar communities. Finally, that number seemed forward thinking enough to include developers' aims to build larger homes.

With City Attorney Brotzman's help, however, the definition of Household is being used to target people hosting exchange students, out of work sister-in-laws, x-spouses, or visiting friends in summer.

In one case, the City prosecuted a boarding house of artists in Englewood, knowing full well that it was a boarding house, but choosing to prosecute it for the definition of household anyway. The City's definition turned out to be too vague to use in the prosecution and it was dismissed secretly (against criminal rules of procedure) that dismissals must be procured only in Open court.

In another instance, an out-of-work family was forced to leave his Englewood sister's home or she would face prosecution for violating Englewood's definition of household.

In Englewood, there is no freedom to have an elder hostel or youth hostel for travelers.

But, Englewood doesn't come right out and actually define the terms of their narrow codes. They cannot do so legally, because of anti-discrimination laws.

Recently, when not-in-my-back-yard philosophers complained about 2 students living in a four bedroom home with the owners, the City reinvented the code for Englewood Boarding houses. Still, they did not define what Englewood's code meant by "related" or "unrelated". After eight months of debate and drafts, the new code was reenacted with the same mistake it had originally. It was too vague to prosecute.

Nevertheless, such residences, as of October 6, 2008, have been legislated by color of law out of all Englewood residential areas and into multi-family zones with apartment buildings or industrial areas.

Since Boarding houses are not permitted to exist in an apartment setting, the purpose of relegating them to the apartment zone is a little obvious. The message is: "Don't Want No New People... Go Away."

What is your personal definition of family? Has it ever changed with marriage, divorce or simply because of the situation someone you love finds themselves? Are you an inclusive person, or do you believe "every man is an island" and should traverse every phase of life without aid of any kind?

Are you one to practice entertainment or hospitality? Many cultures value hospitality above all. One of the most valuable times in my life came when I spent a year abroad, living with a family. In Englewood, by Englewood Municipal Code, this arrangement of hosting a student is illegal and criminal if you also happen to have a stepmother, sister in law or uncle in the home.

Is a Realtor's liability compromised if she sells an Englewood bungalow to an unmarried couple with children?

Perhaps you own a three-bedroom rental in Englewood with more than two unrelated people living in it?

No wonder Englewood's Flood Middle School closed in 2006. A City's duty is to be creative in attracting families, and one of those ways is to be hospitable to nannys, cooks, gardeners and... grandmas. Englewood is too closed minded to appeal to the upper class.

Mother-in-law cottages in Englewood neighborhoods used to be popular and useful. Now, they are illegal. The code works to isolate people rather than promote neighborliness.

Why doesn't the City encourage housing for students attending schools nearby? Instead, it prosecutes any more than two renters per home, regardless of the size of the house.

Students are on the cusp of finding a mate and settling down. It's likely they will stay were they have found friends rather than enemies.

Some people believe that the public officials are all that needs changing, and that the selective prosecutions of such laws will solve themselves.

But, If the law is unjust, is it unqualified to be law? Especially since variances cannot be approved for specified Uses according to zoning rules and the Appeals Committee.

If the neighbors are concerned with loud noises, with weeds, with neighborhood values, or with traffic, why not fight those battles with specific codes addressing those issues rather than by this government defining your family?

In 2004, when the definition of household had it's public hearing, one man testified about weed violations, and another about a neighborhood business with too many trucks.

A third testimony was that code enforcement and the police who were on the same block, turned a blind eye continuously. Employing the definition of household to these issues made no sense.

Does a renter, necessarily just because he is a renter, fail to plant flowers or a garden or mow the lawn? We all know of home owners who allow their properties to fail. The issue isn't really one of relationships at all.

And, since when was it government's business to determine relationships within a home?

If the City wishes to legislate morality, then they should, but don't throw the baby out with the bath water. Hospitality is a cornerstone of our society. Never more than this time, in global bank foreclosures, housing crises, and business crises, will your family's generosity be remembered, honored.

Except... Not in my backyard.

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 Monday evening, the topic of discussion came round to the City’s pet peeve of the gas operated golf carts at Broken T Golf Course. The carts are not using green energy. But to turn the relatively new carts into brand new green machines, Gary Sears set forth a proposal for Council to consider. The City would be asked to fund the construction of a $200,000 storage facility, and all new electric carts, where the golf carts could be plugged in and recharged every night.

It was estimated on Monday that for every round of golf, a gas operated cart is costing the city twenty cents in fuel. Nobody asked whether upgrading the budget to include the new construction and purchase of "green" carts was really the City's highest priority in this economy.

For a bit of recent history: the City reduced a large chunk of land kept as a long-term investment asset, to the sale and development of the golf course, Broken T, which now serves the interests of the few. Namely: Denver's Singles Golf and Englewood’s City Manager, Gary Sears, who is listed not only as Englewood's Mayor, but also as employed by Broken T in the White Pages, and those who broker deals with him over the green. It seems to me these few interested persons could fit the bill for the twenty cents of fuel costs by raising fees.

Or, perhaps they could hold a fundraiser to raise a new electricity-charged storage facility.

Batteries routinely die, and electricity is the most expensive form of energy Englewood could buy. In eight years, the electric carts at Broken T Golf Course will have to be recycled and replaced, whereas the fuel operated carts have engines that will continue to run.

If Englewood has $200,000 to burn in the budget, then perhaps it should invest in equipment to make its meetings and study sessions more open and accessible to the public. Perhaps it could build bathrooms in the parks that do not have toilet facilities, as one resident asked for last year. But I can see why the City Manager's whims might be considered more important than a common resident's more urgent park request, don't you?

While we are on the subject of priorities, I'll add this. If anyone does hope to address their city on any well-researched topic, they may as well put it into outline form.

Council just changed the rules for wasting their time with your puny requests. You now have three minutes to state your name, address and explain your cause. Forget your research. Otherwise, a newly purchased traffic light will go off and humiliate you publicly. Police bouncers are still available to this Council if you exercise your right to freedom of speech over the traffic light flashing.

Link: http://www.EyeOnEnglewood.com

“Open, Open, Open!” is the public meetings law mantra in the State of Colorado. Ruling City Council activities throughout Colorado is Robert’s Rules of Order together with Colorado Open Meetings law, Open Records law and Sunshine laws. These insure the spirit of transparency and accountability of elected officials to their constituency.

On January 11, 2010, the public was initially denied access to this Study Session in which the public was about to be interviewed by City Council for Boards and Commission seats. Both Jill Wilson and Bob McCaslin attempted to keep a member of the public, Matthew Crabtree, out of the room despite the meeting being published to start at 6:15pm and already called to order and announced as a public meeting. This was in direct violation of the Colorado Open Meetings Procedures and Laws. When finally allowed to enter many of the council members were already discussing policy decisions. This audio can be found here.

On February 8, 2010, Mayor Jim Woodward takes responsibility specifically for what happened at the meeting in regards to Matt Crabtree, stating that the meeting was posted to start at 6:15, and stating that he had made announcements before the meeting started, although the public was entitled to be aware of that. This audio can be found at ECOG. at the Communications /Citizen Engagement audio, at recording point 2870.

In 1990, the City of Englewood adopted Resolution 48, Series 1990, which is a public policy of decorum at City Council meetings. It states that executive sessions may only be called by the Mayor upon the majority vote of Council. Council has regularly ignored its own procedures by holding secret meetings without them being called and voted upon prior to being held.

Executive sessions regarding real estate for public property has occasionally been cited for Englewood executive sessions, but there is no city right to hold an executive session for secrecy when the taking of private property for private use is the issue being discussed.

It seems the City of Englewood continues to be suspect as to its stated intent to be open and transparent. Attorney Brotzman stated that social engagements prevent all public meetings from being recorded, published and reported. He gave the National League of Cities field trip sponsored by taxpayers every year as an example of the difficulty in cross-over meetings. Englewood pays over $20,000.00 to belong to the NLC, and in addition, spends another $20,000.00 to send council members and select staff to the conference in Washington D.C. Several other issues of perception and transparency are also discussed in the above selected audio from February 8, 2010, which is published on the Englewoodcitizens.org website.

One of these issues is the City's latency with Comcast Channel 8. Comcast pays the City of Englewood a franchise fee for every household link, yet the City continues to say that publication of televised agendas or meetings are too expensive to air. Rick Gillit requested that City Manager Sears provide an actual cost scenario to back up Staff's reticence to air the meetings. The City's newest Water Plant Sewage video monitor cost $41,000. state-of-the-art, but LeAnne Hoffine's general assessment of costs for airing the meetings even on the City's own website was "$50,000 at the low end."

Newly elected City Councilmember, Rick Gillit, was personally skewered and quizzed for a half hour regarding his personal website EnglewoodCitizen.com as to personal transparency. Councilmember McCaslin specifically tendered his shirt sleeve because he was hurt that Gillit had not been transparent with him about personal matters. Gillit aptly responded that his personal life was not an issue of transparency. Nor, is McCaslin’s interpretation of transparency between councilmembers the issue at law. It is the accessibility of the public to the City’s business that is at stake. Englewood Mayor, Woodward, rather than obviating the roasting of Gillit, not only started the fire, but added wood to it repeatedly.

The Mayor’s duty according to Resolution 48, Series 1990, section II A is to “preserve strict order and decorum”. Decorum is later defined in the same document, VII.Q. “Decorum.

While the City Council is in session, the members must preserve order and decorum. A member shall neither, by conversation or otherwise, delay nor interrupt the proceedings, nor the peace of the City Council, nor disturb any member while speaking, nor refuse to obey the orders of the City Council or its presiding officer.”

It seems clear that personal attacks from Jill Wilson, Mayor Jim Woodward and Robert McCaslin are not only a diversion, but a waste of time and inappropriate to the meeting.

More specifically, “Getting the Floor” section VI C. means: “Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate avoiding all personalities and indecorous language.”

Interruptions of each others' comments are also prohibited, section VI D. It is obvious, that the discussions at council are wasting time by addressing comments to and about each other rather than discussing the public policy listed and published for discussion. This is a very embarrassing situation in Englewood and must be stopped.

Argument about public perception ensued, but the obvious question regarding what the definition of "public business" is pertaining to the law never came up. Joe Jefferson suggested that negative public perception would be curbed if all of the public meetings were held in the same room. Jill Wilson suggested she should contact her constituency directly and assure them personally of the reality of the Council's intent to be open and transparent.

If transparency is Jill's concern, how can she vote to approve a City budget in October that doesn't get published until the next year? Why does she approve of keeping the line item budget in Englewood off of the City Council agenda and out of public purview?

Nevertheless, these and other material secrets are kept against public knowledge in that every Monday, City Council uses tax payer’s money to feed themselves. During a tough economic time, when so many people are losing their jobs, it seems unacceptable and nonconsensual that people who cannot spend $8.00 for their own Chipotle burrito are force to provide meals of at least $10.00 in value to each City Council member and attending staff, when the City Council meetings could be held a hour later.

The time retrieved by holding meeting a hour later, by City council showing up on time, and by the Mayor properly controlling the agenda and comments made out of step would cheer up the baby considerably.

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.

Link: http://www.EyeOnEnglewood.com

A Halloween yard decoration witch crackles at my knees. “It only takes a few little beggars to spoil the stew!"… I am meeting up with Matt Crabtree on his early morning campaign rounds in Englewood.

“So Matt, with only seven percent of the vote in at Nancy Doty’s office, I thought I’d track you through the leaves and see what good you might offer for the people of Englewood.”

Matthew Crabtree’s open face begins to shine in the chilly open morning sun.

“I hope I can bring some.” He nods and smiles.

“What have people been saying to you on the campaign trail?”

“Well, it’s definitely been interesting,” he admits. “I put my contact number on my door hangers during the very first weekend, I got some hate calls where people would say to me, ‘I know you’re a right-wing conspiracy nut and I hope you lose!’ Then, they would hang up anonymously without even given me a chance to respond. That was unnerving.”

“Are you a right-wing… whatever nut?” I ask.

“No.” He says emphatically. “Actually, if you look at the political parties, I align with my opponent, Woodward, but political parties should not be the issue in a municipal election. Non-partisanship input should be heard on the issues.”

“Okay, let’s start with the only issue Englewood put on the ballot this election. Term issues. Isn’t City Council hoping for a third term? If you get in, wouldn’t that issue also work to your advantage?”

“I was sitting in the audience the night the City voted to add that to the ballot. I almost laughed when I saw the Council vote yes on it. Personally, I believe that adding another four years to their terms is just a third-world prank of dictators.”

“Wow. Third world? Why?”

“Well, it doesn’t help any political geography when there is no change over. Our country’s presidents don’t even get any more than two terms in office. It only reflects our Council’s small-minded attempt to maintain control. So no, even for my benefit. I just don’t believe a third term is a good idea.”

“You’ve done well for being the underdog, Matt. I certainly see a lot of your signs all over, Matt, and I saw your bio in the Englewood Citizen. It looked authentic and focused. Good for you. Anything you wish to add to that?”

“Well, I think all three of us, Rick Gillit, Doug Cohn, and myself are running on similar issues. And we need to get all three of us into Council to make the change over.

“Accessible government, will re-instill trust. A cut in budget spending in the right areas will bring about true value for taxes. I want to bring in more businesses to Englewood and work with people to achieve a better community.”

“Right now the Council has sat on their hands too long. They put requests from residents and businesses into a holding pattern.

“None of them have received any training from the City on the code, or how their roles interact with Colorado law. They have no idea how to research their own code or come up with creative and timely direction, so everyone suffers.

“It’s one thing not to require legal knowledge when you get elected. It’s just not acceptable to continue in that ignorance year after year. They have a job to do. It’s not just a social board. We can’t afford to have them remain ignorant year after year.”

“Hey, must be trick-or-treat in Englewood!” I laugh.

Matt clears his throat. “I’ve watched people actually cry in front of Council, begging for relief, and Council sits there enjoying the power they hold over them. That’s their response. The Mayor did not even know his own job description two months ago when a resident was asking for relief. The City Attorney had to cut into the Mayor’s response, and correct him… ouch!”

I agree. A Mayor should know his City code and his own job description. But, my feet are beginning to hurt and Matt still has ground to cover, so I ask, “Anything else?”

“Well, I think it’s backwards for Englewood to cut out the people’s parades, theater events, social items like fireworks, festivals and concerts as a means to cutting the budget.

“Those kinds of events create community. Great signage creates an interesting community. Community creates tax revenues. I want to be pro-active, not a small-minded micro-manager of someone else’s business.

I say, “Oh, did you hear that Mayor Woodward has some flyer out there telling people to call him before they vote for Matthew Crabtree?”

“Ha-ha, Yes I did. Someone I know in District One took him up on that offer, and called. ‘You know what Jim said?… He said the Appellate Court had overstepped its authority in Englewood and that is why Englewood lost the signage war on Broadway!”

“You gotta be kidding.”

“No. I’m not. City Council, in my way of thinking, should be servants of the law. Not the other way around. The present Council thinks they can do anything they want just because they are “Home Rule".

“I actually believe the Constitution is still alive, that Colorado statutes regulate Home Rule and that Englewood’s City Charter holds the limits for our code. If our codes come up against those laws, then they are wrong, and I hope to lighten up the load legally on our businesses and residents when I’m on council.

“Well, I hear you are making friends on the campaign trail. Keep going to those neighborhood parties and just enjoy the process buddy. I gotta go to work.”

Matt shakes my hand firmly. “Me too.” And shouts at my back, “Have a happy Halloween, Bill!”

Link: http://www.EyeOnEnglewood

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Do you have any plans along that line?"

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

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

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

"You're gonna make that happen?"

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

Link: http://www.EyeOnEnglewood.com

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

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

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

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

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

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

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

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

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

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

Link: http://www.EyeOnEnglewood.com

If Steve Schalk and Jon Cook have their differences, these developers agree on one thing. With the present economy, and business lagging on Broadway, Englewood’s signs, banners and mural codes need an overhaul. Mr. Schalk (pronounced shock) is the owner of the Gothic Theater and also Moe’s Barbecue and Bowling Alley near Dartmouth. Cook's newly developed business at Yale and Broadway hosts Colore! Italian cuisine.

On Monday evening, Council was treated to an entourage of complaints from unreasonable sign codes to moms, dads and little kids about dogs rushing them and jumping them in parks. Apparently, the city has decided not to intervene in the parks between unleashed dogs and children by putting up fences. They cited expenses for this consensus. But, a father, also appearing as a professional educator, addressed the liabilities the City would incur if even one child was bitten, and they had not chosen to protect humanity above the beasts.

One mother reprimanded Councilwoman Wilson for physically turning her back while an honor student presented a video on unleashed dogs at last Council’s meeting. Wilson apologized and said she was only searching for something in her purse.

Between these complaints, was an attorney representing the medical marijuana industry warning them about their vote on a moratorium and offering his legal aid free of charge to develop appropriate ordinances.

Laurette Barrantine addressed council on their ethical abuse of Citizen seats on boards and commissions stating the conflict is not just one of finance, but of power and the appearances of undue influence. She tried to clear her own name as the Council had previously claimed she had held a seat on Code Enforcement herself during her term on Council. She stated that yes, at first, this was the case, until she recognized there were ethical issues, and resigned from the board. She challenged both the Mayor and also Jill Wilson to take the high road and accused them of defaulting to what City Attorney Brotzman informed them they could get away with.

Another interesting spokesperson was Laura Bartnick representing her household as a Small Group Home, and requesting the Mayor use his trump card to set the City’s reputation aright or else send her an official letter to specify as to what “full compliance” with the City's remaining two regulations would look like. Her boarding house won two and lost two which didn't get dismissed yet the implications of it are still unclear. Her comments included that the City has not been forthcoming with codes or communications over the two years she has been seeking their help. She related to me that the City’s intention has never been to grandfather in their home, and it has been an unending expensive game of chess or cat and mouse.

There is an old adage, “Just when I found the answers, they changed all the rules.”

During Mayor’s choice at the conclusion of a long evening, he responded that it was unfortunate, but because the City was a Manager Council run government form, that his hands were tied as to the municipal court findings, and he could not see how he could help the Bartnick household.

Attorney Brotzman leaned over and whispered loud enough for the audience to hear, “Yes, yes you can.” (Listen to Mayor at bottom of the page).

A spectator commented, “Does anyone know who the Mayor is here? Because it doesn’t seem like he knows who he is or what power he has.”

If Mayor Woodward gets re-elected this year, he will have served more than two terms on council and by the time he is finished he will have tucked 10 years under his belt.

Well, it was almost midnight and Cinderella and I were both about to turn into pumpkins, so I hit the road.

Link: http://www.englewoodcitizens.org

Allow me to introduce you to Jon Cook, seasoned Englewood entrepreneur and developer. Just before Monday's Council meeting, Cook contacted Council Woman, Jill Wilson, and asked to speak with the City. During her Council's Choice section at the end of the meeting, she did her job and introduced him to speak.

A discussion hotly ensued in which Councilman, Bob McCaslin whined about not being warned before the meeting that Mr. Cook wanted to present, and that no-one knew what he planned to say. Then the discussion turned to procedural issues as to whether Mr. Cook could speak during Council's Choice, out of order from where residents are normally allowed to participate. A vote was taken, and Council asked for it. Jon Cook presented to council regarding a incident that occurred, where a representative from the Englewood Community development department made several harassing remarks to Jon Cook and the owner of Colore restaurant.

Colore, is a great little restaurant at Yale and Broadway, staffed by it's owners to ensure the quality of the food and the hospitality to its customers. When I visited there myself this month, I thought, "Now Englewood will give Pasquini's a run for their money."

But the developer, had his tenants, Colore, down his neck after Tricia Langon came with her arrogant ultimatums, "We can do this the easy way or we can do this the hard way." Apparently, there was no other way she offered to do them.

She was talking about an advertising banner being taken off the building when she slapped her card on the counter. Colore owners responded, "But our landlord told us we could do this."

Her response? "We at the City know all about Jon Cook and we have our issues with him."

Colore immediately ragged on Jon Cook for bringing them into Englewood's domain just to be unfairly treated. After all, as Mr. Cook pointed out to Council, there are storefronts and grocery stores with banners all over Englewood.

Jon Cook ceremoniously handed back Langon's "calling card" to Mayor Woodward, looked at Bob McCaslin and said, "If you have an issue with me, then why don't you call me? My name is plastered all over Broadway with open buildings for lease.

I did exactly what you guys wanted. I gave you the kind of Welcome to Englewood Building you've been asking for. This should be a time of celebration for us...implying that Community Development had ruined it for them.

"But, this isn't the first time Tricia Langon has interfered with us and threatened us," he testified. It is indecent and backwards.

Jon explained many of the reasons why businesses are reluctant to move to the City of Englewood. He also stated that until Ms. Langon is fired, he will no longer be developing properties in the City of Englewood.

City Manager Gary Sears denied that Ms. Langon worked for him or that he had any control over her. He also stated that many complaints come in about various City employees, apparently trying to downplay the incident.

Mr. Cook stuck to his mettle though, and reiterated that he is sick to death of the inhospitable nature of the City. He is finishing up one project and not starting another until the City rascals clean up their acts.