Eye On Englewood

Link: http://www.EyeOnEnglewood.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Link: http://www.EyeOnEnglewood.com

John Moore, District 2 Council Representative in Englewood, cut off Candidate, Rick Gillit's presentation this past Monday during his presentation to City Council regarding John Moore’s flip-flop routine on a variety of subjects. John stated that Mr. Gillit’s 5 minutes were up, and that he would respond later in the evening to Mr. Gillit’s “campaign tactics”.

Mr. Gillit complied immediately, though his humiliation was felt by the tense audience. Mr. Gillit did however rebut the glib insinuation that his interest in civil ethics was merely a campaign gimmick. After all, Rick Gillit has been representing the people of Englewood and their concerns with this Council’s unethical practices in budget, code irregularities, open meetings issues and real estate grandfather problems for well over a year.

Suddenly, since he has declared himself as a District 4 Candidate for Change, Mr. Gillit is being shut down or threatened by the City bouncer. A police officer standing by is ready to physically remove any resident who does not finish his or her presentation in the time allotted, and ousted from the Council Room and charged with “Disrupting a Lawful Assembly.”

When Rick Gillit was asked how he felt about John Moore's political strong arming, he responded, "John Moore accused me of using Campaign Tactics. Too funny. I have been presenting for two years and been a candidate for over a year but now he accuses me of using campaign tactics".

The problem with threats and rancor from Council is that no-where does the City Charter or City Ordinances mandate that a citizen who appears to present an issue must be limited to 5 or even 10 minutes. These times are arbitrary and are utilized by Council to Intimidate and Abuse (in the criminal sense) those who express disapproval.

Colorado Revised Statute 18-9-108 defines “Disrupting a Lawful Assembly” this way. “A person commits disrupting lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, he significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.”

In other words, intent to prevent or disrupt a lawful meeting is a required element of the offense. Even if Mr. Gillit had engaged in some kind of campaign tactic, this is not a lawful reason for Mr. Moore to shut him off and close down his presentation so rudely.

In other situations, this same Council has permitted a group of presenters who were unsure of what to say to stand up and give their allotted time over to one teacher, Pearl Street resident Gregg Alan-Pickett, who was used to giving professional presentations. Council allowed Mr. Pickett to present slander against law abiding residents of different color, race and religion, why? (May 5, 2008 minutes) Because he was serving the Council’s particular end to outlaw “Poets’ Rest” a private residence for students in Englewood.

When it came time for rebuttal, however, Mayor Woodward chose to utilize undue influence and interrupt and shut down a foreign student's presentation who resided in the home and stood for Poets’ Rest, why? (September 2, 2008 minutes) Because he was opposed to Council’s intent to remove the residence.

Process is important when reviewing the facts, and hearing out the full concern of a resident is the only fair thing to do. Will the November 2009 Elections in the City of Englewood may be able to unseat the rancor of power that has existed of late?

A candidate who has exercised his own private investigations into facts of the issues might prove to be a dependable alternative to the status quo. Elect Rick Gillit. Electric Gillit!

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

la,lah...Always turns out this way....

While listening to the minutes on the http://www.englewoodcitizens.org/ site, the McCaslin charade about championing the new cat leash law for resident's wayward domestics had me in a fit of tears. Bob's Comments How can the man take himself seriously? Is McCaslin going to run on this Cats-On-Leashes platform?

Then came the discussion on picking up strays and neutering or spading them and letting them go back to their neighborhoods after. "Because of course, they have their purposes catching rodents"... Was that Wayne Oakley?

Jefferson demurred that he was "only concerned about the humane effects of the traps." Jefferson's comments.

Cats are like people in that they cannot reproduce to catch rodents if you sterilize them all...crazy little fact of nature. Is Englewood on a hidden mission to eliminate cats? The nature of cats and dogs are different, is that too obvious to mention?

But, it could be a value for dollar to take your cat's collar off and let the city sterilize it for you. Or, perhaps you are a concerned citizen who believes this secret sterilization is a bizarre budgetary line item in the City's policy expenditures.

After this, Matt Crabtree addressed Council with concerns about the enormity of funds given to Community Development.

Mayor Woodward replied (during Mayor's choice at the end of the meeting) that he is offended that he has to explain himself, and is getting impatient with his feet being held to the fire. I found his comments a little catty. Perhaps he hadn't realized that by this time, Council had switched subjects.

It occurred to me how much better Englewood City Council is for weekend entertainment than any other vice out there. Well, maybe you'd best get a few beers before you sit down.

Because then came District 4's candidate for change, Rick Gillet's, articulate complaint regarding Council Woman Jill Wilson's double duty as a member of the Code Enforcement Advisory Committee as an ethical conflict
1) for taking a seat that a citizen might better serve on,
2) for using undue influence and her power as a City Council woman with inside information flowing both directions,
3) for the public perception of undue influence.

Responding to Mr. Gillet, Mayor Woodward and Councilman Oakley, each stated that yes, they could see how there might possibly be a conflict, but he and Oakley were hesitant to deprive Councilwoman Wilson from her seat as she is their friend and associate and they believe the best of her. Oakley specifically stated that he believed undue influence was not the same thing as abuse of power. After all, Wilson only gets the same singular vote as the next volunteer board member.

What they failed to address was the fact that Council's interests in reporting on citizens for code enforcement (I)nformation or action by way of (S)ervice has trebled in 2008 compared to the 2007 record of Council Requests, and it has doubled in 2009.

The facts show that Wilson's influence has indeed grown in both directions, not only her opinions to the Code Enforcement Advisory Committee, but also directed from the militant power of Counsel against specific addresses and named residents.

When she asked City Attorney, Dan Brotzman, whether she could ethically vote for herself, he advised her that she could do so as long as she didn't believe she would be gaining anything economically from her vote for herself.

Thankfully, Rick Gillet is a candidate for District 4, up for election this November, because he has the courage to go to bat for a more accessible government in Englewood and are up for November Election. When it came down to a vote of the present City Council, Jill was still sitting on both Council and Code Enforcement. Council discussion and vote.

When I reviewed the 16 pages of Council's Requested Actions from 2007 onward, I realized that this Council has not been interested in drug abuse in the City, home foreclosures, increasing services or benefits to the public, or working on creative avenues to fill the storefronts.

Page after page is filled with hundreds of line items of Council members reporting on Citizens for Code Enforcement issues and requesting legal or police action. Perhaps your address is on this list?

As to finances, there is no special line item budget investigation requested, nor is there a request for background on any special funding or increase in staff salaries.

No-one on City Council asked for legal or civil investigation on the boarding house issue they enacted the new statute and ungrandfathered the current law abiding residents according to whim in 2008, nor did they investigate ways to resurrect the Englewood Parade.

Council did succeed in making residents so angry that on 2/11/08, Council requested information about how to provide security for their own council meetings.

On 3/24/08 McCaslin proposed a (S)ervice to "fine citizens without Court appearances," deeming them "Code Violators" without being given a chance to plead and defend themselves, to have a trier of facts in a fair trial. Bob, it is called the right to face your accusers. It is called "due process."

On 04/07/08 Wilson requests (S)ervice on EEF/EMRF Ordinances.

Recently Council members even requested and voted into approval a designated Code Enforcement person to attend to all of their personal complaints, including evenings and weekends.

On Monday evening, Council brought forward their "bucket" for holding new names on their power trip lists. They voted to extend their term limits from two years to three. Now, in November elections, Citizens get to vote on 12 full years of this Council's personal vendettas against them. By that time, they will hold a very full bucket indeed.

Council Member Bob McCaslin provided a motion for Council Bill No. 30, a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood at the next regularly scheduled municipal election a proposed amendment to Article III, Section 22, “Terms,” of the Englewood Home Rule Charter.

Council Bill no. 30 is a measure to extend the term limits of each council member from 2 terms to 3 terms. This measure was brought forward originally during a Study Session by Bob McCaslin on January 26th.

Are you on City Council's list? Did you get a surprise visit from a Police Officer on or about the 4th of July to warn you not to set off fireworks in the City this year simply because you were on their list from last year? Dum, da da dummmm.

Link: http://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://EyeOnEnglewood.com

Good Friday, might not have been so good for "Holly" who got a ticket within the neighborhood of Englewood High School for smoking tobacco.
This was the day that poor Holly fell into the Department of Regulatory Agencies, and she got regulated. The fishbowl has all the elements of a phoenix rising.

A school of police cars barricaded the street, a host of police surrounded and ogled a curb-full of high school beggars. There these suspects sat on their seats for smoking on lunch break.

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