Eye On Englewood

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

About fifteen years ago, Englewood enacted a Special Concrete District. This, despite the fact that Englewood already had about 10 times more districts than other municipalities. What an auditing nightmare! But that is not the focus of this piece.

This piece focuses on the fraud of the concrete district scheme itself. In order to create a new tax, and enact the district, City Manager had to feign a disadvantage. Then, he frightened residents into membership for their own protection. Sound anything like a thug making his mark? How did City Manager Sears accomplish this? By, completely ignoring your property boundaries.

Englewood started insisting that concrete sidewalks needed to be upgraded, sending notices to residents. Englewood insisted that the private property owners would be required to pay for the new cement repairs in full. The City required home owners to pay up immediately, short of buying into the new district. Property owners then examined the broken sidewalks and agree, yes, they need repair, and no, I cannot pay for hundreds of dollars, and furthermore, I don't know how to fight city hall. Bingo! City scored!

Very few residents possessed site plans, and they didn't believe that their trusted servants in government could outright lie to them about fiscal liabilities without being caught. So, over time, more and more private property owners began to assume their shares and payments into the concrete district.

The scheme goes this way: If you agree to buy into the district, then when you sell your home, the new owner automatically assumes the concrete debt, and the new owner has no right of redress within the City. This obviates your First Constitutional Right to redress government. Now, ain't that special?

But this month, a family took the Mayor and City Manager to District Court, because it is a higher court than the Englewood Municipal Court which judge is in bed with certain City officers. This family obtained a temporary restraining order against the City regarding the concrete district. They deserve a gold banner, for resourcefulness, don't you think?

Since purchasing their home in 2006, they had requested that Englewood repair their front heaving sidewalk. Every year, they sent letters, and every year, Englewood refused and ignored them. The problem was that an healthy 80 year old tree had roots that heaved the pavement.

Englewood refused to correct the problem unless the new owners allowed them to cut down the 80 foot tall shade tree and replace it with a sapling. Although the owners suggested Englewood correct the slope of the street which was causing various hazards in the winter at the bottom of the block, by simply raising the sidewalk over the tree roots, Englewood refused. The owners then suggested Englewood make the sidewalk bump out in a semi-circle around the base of the tree, separating parking spaces in the frontage. Again, Englewood refused.

Englewood's letters refused to cooperate with the City's engineering and paving departments or with the homeowners, even though the sidewalk was causing a severe stumbling liability. Englewood refused to perform due diligence for creative alternatives to save the tree by inquiring with an arborist. But, Englewood also abandoned the property to the owners three years ago, saying in a letter that the land at the front of their property belonged to the home owners.

The letter went on to say that if Englewood did cut the tree roots, the property owners would have to sign a letter to assume all future liability in case the tree became unstable in a storm and fell on a house in the neighborhood, due to the City's sloppy choice of actions!

The situation came to a head when the City decided to do whatever it wanted to the tree, the home owners' rights, and the sidewalk, without notifying the private owners at all. Home downers believed they had some rights to know whose property it really was, or who would pay for what, or whether the owners would lose the tree. The owners took the City to Court and won an injunction. They easily proved the City was about to perform some urgent irreparable harm to the tree and the threat of the tree falling on a home as well.

I wonder why they didn't take this further and suggest irreparable harm was about to occur to their right to redress government or their own safety and welfare?

The Judge required the City to hire an arborist and perform due diligence. Because of this situation, I have looked into the Colorado Statutes on Special Districts which do require cooperation with all the parties when there is an easement or right of way privilege onto any given property.

The City's constitutional duty is to protect the health, safety and welfare of a neighborhood, as regarding the slope of the street and the health of the tree. Additionally, Englewood was not allowed to recklessly abandon public property to a private residence and then take it back like Indian Givers when it suited them.

The law of right-of-ways is that government may well own the real property, (usually frontage or alley ways) while private residents may own right of way access to their site from both the front street and the back alley. Additionally, utility companies own a right to access their telephone poles or city ditches on any property, whether owned by government or private owners.

Englewood had abandoned their frontage rights to own the real property in front of these residents' site plan in order to sell shares into the concrete district. And these owners had continued to pay. Thus, the City had an absolute duty to repair the concrete...three years ago.

The City perpetrated fraud against its own people in order to gain a financial advantage over residents, like these, to make them pay for the same duty Englewood always held to maintain its own neighborhood sidewalks. Taxes were already there for new concrete. But, after paying for years, the government refused to perform its duty to cooperate with the home owners and do the job properly. The district judge stopped short of telling the City how to do its job

Do you have a "Notice" stating that Englewood will do something on "your property?" You should find out what your site survey actually says from your Title Company, or hire a survey company to mark the edges. The wording on Englewood's Notice may well be deceptive. If the weeds belong to the City, then, the City owns the duty to trim and care for them. What would happen if residents began noticing the City with 14-day warnings to pull weeds, or repair sidewalks? That's so backwards.

Link: http://www.englewoodcitizen.com

It used to be that a "profession" such as doctoring, lawyering, running a football, priestly duties and public servants were paid very little. This was true, even though the skilled individuals acting in these fields were considered "experts". They received honor as part of their pay because they were viewed as public servants. To compensate for this feeble pay, they were supported by the good will of the people, commercial interests, patrons, tips, and insurance.

I attended the Colorado Symphony recently and was reminded that Beethovan and Tchaikovsky had patrons to support them. Tchaikovsky had his 13-year association with the wealthy widow Nadezhda von Meck. And,he was honored by the Tsar, awarded a lifetime pension and lauded in the concert halls of the world. Beethovan's first patron was his own piano teacher, Count Waldstein.

In the western world, the pursuit of "entitlement" is sometimes a full time career. Being a lifetime professional has re-defined the meaning of entitlement. It now means someone is intellectually trained beyond the common amateur, and one who is generally comfortable financially. Albeit, because of the personal and confidential nature of many professional services, and often the necessity to place a great deal of trust in them, most professionals are held to ethical and moral standards called rules, regulations or oaths.

City Managers belong to an ethics association. Attorneys are held to an Attorney Code of Ethics, Judges to a Judicial Code, Plumbers to a Plumbers Code, and an Olympian, to an Olympic Code of Ethics. Nevertheless, when "experts" holding your life in their hands fail to do their jobs, and are sued, they are the first to demure that they were merely "practicing" law, or "practicing" medicine or "practicing" management of your civil welfare.

But, home rule managers are not in the same class as regular business managers. Can you guess why? City managers do not create the money they earn. They spend people's taxes. The Citizens very literally are their patrons. Members of City staff also do not make money for their employers, ie: "We, the people" but instead spend it, lots of it. They enjoy your money much like royalty.

Quite unlike a business owner who creates substantial income as a product of their ingenuity and work ethic, the news article in Your Hub shows how a City Manager gets to name his budget without showing a work product, gets a budget approved, and then plays all year long on it. Several residents showed up to the Englewood Budget Hearing to protest this very real situation. Ida Mae Nicholls particularly protested having to pay for an Assistant City Manager as well as a regular City Manager, putting Englewoods' budget a hundred thousand dollars above neighboring cities.

Mama always told me to watch out for those shysters who want an up-front deposit before doing the job. She reasoned, "What holds them to any standard if they have already been paid? What is the incentive?"

Meanwhile business owners who are already sweating away to maintain a viable service or product for their customers, are forced to keep receipts, collect taxes, figure percentages and pay the special government districts for the right to provide jobs and make money. Taxes, fees, fines and regulations assessed against business owners grow in larger and larger sums. This money is not being carried into the public river. Instead, city managers are getting paid more and more, while still enjoying greater benefits. Cushy job, that!

What is this topsy-turvy honor system? Business owners are the ones who creatively provide for the public desires. They are the ones who should be honored, not taxed for their services or treated like slaves to the so called professionals.

Business owners in Englewood should start attending the City Council's meetings and speaking their minds on the value of their work, compared to the value of the City managers. Business owners should demand their vote on anything that concerns their ability to function in the City or to earn money.

And all the citizens should consider the real comparisons of real managers and those who only call themselves managers by professional advantage.

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.

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