Englewood Story

Link: http://www.ci.englewood.co.us/Index.aspx?page=952

Shortly after the new Boarding House Code was enacted our appeal regarding Ducky's new fence was subverted and lost by a part-time municipal judge, John W. Smith III. The run off felt as confusing as being Dorothy in Kansas fleeing from the witchy neighbor and finding herself with a bump on the head from the ensuing tornado.

In the three inch volume of Englewood Municipal Ordinances, the City spent all summer "cleaning up household items." This is to say, "cleaning up mistakes, errors and accidents which shouldn't have officially occurred given the presumption that enacted law is always true, thorough and authoritative."

The "sweep up" of course wasn't meant to help individuals who have been victims and prosecuted under the errors, nor does it necessarily mean the City is returning to any measure of good sense. In fact, it meant that they are adding layers to their bad faith like pieces of furniture to the cyclone. They simply added more things to wollop the disoriented.

Because the neighbors had now taken to circumventing the issue of us housing up to three unrelated people of color in their neighborhood with unfounded parking complaints and foot traffic, they then complained to Planning and Zoning Commission that we appeared to be rushing to complete our driveway. On July 8, 2008, a secret study session where the public was generally not allowed, Council representative Bob McCaslin enabled as to our neighbors.

Both McCaslin and representative Penn intended to keep their word to get behind the neighbors all the way and help them "fight the good fight". At the close of the planning and zoning meeting, Planner Tricia Langon instructed that "no one repeat anything" that had gone on, and further kept these minutes from being published until I found out about them through an open records request on September 2, and complained publicly to City Council.

Sudddenly, the fact that the Drakes complained we were "rushing to pour the driveway," was somehow unacceptable as though hurrying to obey a law that was about to be enacted was illegal. In fact, we were naturally continuing the work on our driveway to enable our 84 year old mother aided by a walker easy access to our home for family get-togethers. Easy access meant getting her into the side door.

So, that hot July day we built the framework and had the dirt delivered, Ducky's wife, Anne, called the police on us. Commander Contos explained that our driveway could not be completed without a site plan approval. I explained to him, along with Code Enforcement Officer Carolin Faseruk wickedly standing beside him, that the City already had an approved copy of our site plan on file evidenced by our blue prints.

Commander Contos looked down at his shoes and said, "Well, it certainly looks like there is just dirt to me, so I'll leave you with just a verbal warning instead of the Notice of Violation."

We then received a letter from Tricia Langon, Senior Planner, stating that she had double-checked. Since the building department had invalidated our permits, this blanket act included our site plan, thus, we were required to apply for a new one.

I went down to City Hall, brought a copy of our site plan for parking, and it was stamped approved and e-mailed back to us by Brook Bell.

There is really no such thing as this invalidation of a site plan already approved because, according to City Code, the approved initial plans were valid for three years after approval, but I understood that the City needed to help Anne and Ducky swoop, fly and deposit their poop on our heads for the sake of saving "The People's Dignity."

This little charade was continued however, in the new Boarding House Ordinance as it was enacted.

City Council brought it forward to vote on September 15, 2008, with a requirement for a site plan to be formally approved. And, when they applied the new ordinance to us, the memo from Alan White in Community Development was that a yet another site plan application with drawing be submitted...for the third time!

All the lingo in the application was toward new development, new zoning, new plans, requests for variance of proposed properties, etc.

Reading it clarified to me that all of zoning's powers lie in forward planning, and not in retrospective application of law. I felt there was a dim arc of a rainbow,-- promising what?... I still couldn't grasp.

We had poured our driveway and parking areas. Our entire project was complete. There was nothing new left to apply for.

Certain aspects of the boarding house Ordinance were indeed passed through Planning and Zoning Commission, where Chairman Bliele and two other members refused "to step on one person's toes" "especially where a great amount of personal investment had already taken place by relying on the old code." But others, including Contractor Steve King, who had built a house on our block, voted with the City's recommendations to ungrandfather us.

Dorothy went to Oz and applied for "Home". The Great and Mighty Oz made her go to the fire to bring back the Witch's broomstick before he would send her home. Oz had no power to promise this, much less to accomplish. He himself was stranded in the Emerald City.

When Councilman Joe Jefferson proposed to City Council a modification to their original ordinance, September 15, 2008, his idea was not based on almost 400 Englewood Citizen's petitions to honor the Constitutional right to choose or to freely assemble, to grandfather the existing boarding house into the new laws. Nor did he concern himself with Mr. Doug Cohn's weightier reminders of illegalities. Instead, Joe in his Council Choice spot that night, told the neighbors his intention was to shift liability elsewhere. He asked to speak with them after the meeting.

The proposed amendment to Ordinance 55 came as a surprise, however, to some on Council.

Councilman Wayne Oakley complained that the proposed change to the ordinance had not been included in his Council packet, and that he had not had a chance to review it yet.

Mayor Woodward said in a prepared moment preempting the discussion, that considering it was Constitution week, he felt bad bringing the ordinance forward for a vote and that Council needed to at least appear to be honoring the grandfather clause in the City Ordinances.

Council agreed that City Clerk, Loucrisha Ellis, should read the proposed amended ordinance aloud.

Proposed amended Ordinance 55 was a surprise to most everyone, including the Planning and Zoning Commission. This procedure proved to be more than just a surprise, however, in that it violated the City Charter, Section 58, where it states that all proposed amendments and modifications to ordinances must be brought to Planning and Zoning for review, even if Council chooses not to heed their recommendation on it.

Thus the illegal and overbroad Emergency on Boarding Houses came full circle. Ordinance 55, in its shining seven point cunning entirety outlawed rather than grandfathered our boarding house, enacted, October 6, 2008. But Dorothy had a good heart and lots of help from her friends, and she was not the one stranded behind the curtain.

The elaborate curtain of deceit works against the one hidden behind it, because it prevents the hidden to see the truth. I am amused to discover the trilogy of Dorothy in Oz was originally a political commentary, written in a child's fairly tale metaphor.

Link: http://EyeOnEnglewood.com

Michael Knight, investigator, for District Attorney, Carol Chambers, contacted me to explain that their hands were tied as to prosecuting fraud. "Fraud" has certain elements to be proved, and one of those elements is to prove how the City Council or Manager had personally benefited or laundered money.

It was the position of the District Attorney that Englewood seemed to be doing what they were doing as a power play. Perhaps it was because City Manager Sears lived only four houses from us. Perhaps it was because the contractor we fired was Ron Noffsinger's fishing buddy, and because the guys sitting on Council were also his high school buddies. After all, this was exactly how small town politics worked.

Yes, "color" on the block may indeed be the motive of these people, making them rednecks, but fraud simply couldn't be proved yet. I contacted Colorado's Civil Rights Division. Protecting those of color was defensible, but the statutes applied only to landlords, loan officers, and real estate agents.

People knew what was happening was "wrong," but could it possibly be legal?

It appeared a block full of good ol' rednecks were gonna get away with railroading others out of town in the year 2008.

The Devil is in the details, they say. The D.A. sent my complaint to the Attorney General to see if there was anything they could do in that office. They suggested I contact my State Representative.

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