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Our Community News - Home Vol. 3 No. 3 - March 1, 2003

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Wal-Mart plans include taxpayer-funded $1 million bridge

View a picture of the proposed bridge site

By John Heiser

The regular quarterly Baptist Road Rural Transportation Authority (BRRTA) meeting scheduled for January 17 was canceled. A special meeting was held February 21. County commissioner Jim Bensberg was absent attending a funeral.

During the course of the meeting, county administrator Terry Harris reported that one of the issues in his on-going discussions with the Wal-Mart developer and the Struthers Ranch developer is construction of a bridge over the drainage way and mouse habitat that bisects the Struthers Ranch property. The bridge is needed to complete Jackson Creek Parkway-Struthers Road south to connect to Northgate Road.

Harris estimated the cost of the bridge at $1 million although other estimates have put the price as high as $2 million. Harris said, "We will put the $1 million into the bridge." Funding for the bridge has reportedly been proposed to be handled through an Additional Funding Request (AFR) appropriation against the drainage fund. The AFR would require approval by the board of county commissioners. Harris estimated the bridge would require one year for design and one year for construction.

The BRRTA board is composed of three county commissioners (Bensberg, Chuck Brown, and Wayne Williams) and two Monument board of trustees representatives (Mayor Betty Konarski and Trustee Byron Glenn).

Election

The following slate of officers was unanimously approved: President – Glenn; Vice President – Williams; Secretary-Treasurer – Konarski; Assistant Secretary-Treasurers – Bensberg and Brown.

BRRTA’s Legality questioned

Pleasant View resident Tim Hibbs said Steve Plank’s letters in the past two issues of Our Community News raised questions about the formation of BRRTA. Hibbs said, "I am concerned that the authority was formed without true representation of people affected by BRRTA. Since only two people voted, your authority should only extend to them. Instead it extends to lots and lots of people through fees and assessments." Hibbs characterized the way the authority was formed as not in keeping with democratic principles. He said the boundaries are an example of gerrymandering.

Peter Susemihl, attorney for the Triview district, who was also involved in the formation of BRRTA, described how special districts are often formed when there are no residents. In the case of the statute authorizing rural transportation authorities, the law requires that residents vote. Susemihl said, "Phil Weinert called me and said, ‘If you need electors, I am willing to put my property into the district.’ This is not atypical of how these things are done. It is totally legitimate, totally legal. The intent was not to include any other existing developed properties."

Brown added, "It was [the Weinerts’] desire to see the road built."

Williams said, "The idea is to allow growth to pay its own way. The purchasers of land or homes can decide whether they accept the fees or not." Brown added, "The choice is with the person who buys in the district. It is a personal choice."

In August 2002, the BRRTA board voted to force inclusion of the Brookharts and Total parcels into the authority. The owner of the parcels leased to Brookharts vigorously opposed the inclusion.

James Hunsaker from law firm Grimshaw & Harring, representing BRRTA, said, "The period for challenging the formation of the district is past. The authority is operating within the statute."

Resident Steve Plank said there is only one other rural transportation authority (RTA) in Colorado. It is the Roaring Fork RTA in the Aspen area. The vote to form that authority included all the voters in the seven affected cities and counties. Plank said, "They didn’t want to exclude opposition." Regarding BRRTA, Plank said, "Citizens up and down through there feel they should have a right to vote."

Plank noted that the RTA statute, C.R.S. 43.4.6, appears to be largely copied from the public highway authority statute, C.R.S. 43.4.5, except that the ability to collect fees when building permits are issued was specifically omitted from the RTA statute. He noted that BRRTA fees are currently being collected when building permits are issued.

Williams suggested that if Plank feels the district is not operating legally he could bring a legal challenge.

Financial Report

Conner Shepherd, BRRTA project manager, distributed copies of an accountant’s report showing estimated expenditures for calendar year 2002 of $236,752 including $180,710 for engineering design, $22,000 for district management, $20,000 for construction of the right turn lane on westbound Baptist Road at Leather Chaps, and $11,204 for legal expenses. Total 2002 revenue was estimated at $105,334. During 2002, the general fund was estimated to have declined from $413,269 to $281,851. The adopted budget for 2003 calls for the fund balance to decline further to $65,551 due in part to projected engineering design expenses of $190,000, a contingency fund allocation of $100,000, and estimated total revenues of $105,000.

County planning status

Carl Schueler, assistant director of the county planning department, reported on four projects being processed that lie within the authority.

Hay Creek Ranch

The 10 lots in the approved Hay Creek Ranch plan will contribute a total of $5,000 in BRRTA fees when building permits are issued.

Forest Lakes

Despite a pending legal appeal of the May 2002 board of county commissioners approval of the 467-lot Forest Lakes preliminary plan, Schueler said the final plat is expected this year. He said the development agreement is being negotiated; however, he predicted, "It will be quite some time before development occurs." One of the remaining issues is funding for a grade-separated railroad crossing on Baptist Road west of Old Denver Highway.

Struthers Ranch

Schueler reported that the revised sketch plan for Struthers Ranch was approved and the county is in active negotiations with the Struthers Ranch developer regarding construction of Jackson Creek Parkway-Struthers Road from the bridge site north to Baptist Road.

Wal-Mart

Schueler noted that county planning has not yet received an updated traffic report in response to their request last September. The current report is based on obsolete traffic counts, does not model traffic resulting from completing Jackson Creek Parkway-Struthers Road south to connect with Northgate Road, and does not model any access to the church and adjoining houses to the east of the project.

Redirection of Wal-Mart fee

Susemihl faced questions and opposition from the BRRTA board when he requested that Wal-Mart’s $233,000 BRRTA fee be redirected to the Public Improvement Corporation (PIC) proposed to be set up to make road improvements required for the Wal-Mart. Susemihl added, "Terry Harris thinks it is important to finish that connection of Struthers south. The county is going to do the bridge."

Harris said, "We need the BRRTA fee to do the [Baptist Road/Jackson Creek Parkway] intersection. We need to build that intersection before Wal-Mart opens."

Shepherd responded, "I am a little concerned about impact fees being committed to construction when planning is not completed." He said the total cost of the engineering design is $480,000 and added, "We do not have that kind of money without impact fees coming to pay for that project."

Harris suggested that the BRRTA design project might be a duplication of effort since the Colorado Department of Transportation (CDOT) is designing portions of Baptist Road as part of the interchange design and the Wal-Mart engineers will also be developing a design.

Konarski said, "The worst thing we can do is design this thing twice."

Shepherd replied, "Your county DOT is with us every step of the way."

André Brackin, county DOT engineering design group supervisor, added, "The Wal-Mart submittal closely matches what Loris has designed."

Brown said, "The county project is primarily Struthers Road. BRRTA’s project is Baptist Road. There is no duplication of planning."

The board deferred a decision on the redirection of the Wal-Mart fee and requested that Harris present the Struthers Road elements and costs at a future BRRTA meeting.

Steve Waldmann, resident of the Ridge at Fox Run, asked, "Don’t you think it is appropriate that the agreements regarding the PIC also be made available to the BRRTA board and the public?"

Baptist Road Design Project

Peter Loris, President of Loris and Associates presented an update on BRRTA’s Baptist Road design project. Susan Watkins of public relations firm Kezziah Watkins described the public process as "open, comprehensive, inclusive, and fair." It started with interviews of members of a variety of organizations including the county commissioners, BRRTA, the Tri-Lakes land use committee, the Family of Christ Lutheran Church, and the Trails and Open Space Coalition. Large public meetings were held at Lewis-Palmer High School Mar. 18, 2002 and Oct. 28, 2002 with hundreds of people in attendance. The March meeting collected hopes and concerns. The October meeting presented two alternative designs and collected responses.

Peter Smith of Smith Environmental Services reported that the environmental issues with the designs are the wetlands and the Preble’s Meadow Jumping Mouse habitat. He noted four areas of mouse habitat near the proposed expansion of Baptist Road.

Bob Ball of TransPlan Associates summarized the traffic report they prepared under contract to Loris. The report used several prior studies of the three-mile portion of Baptist Road from the railroad tracks west of I-25 to just east of Tari Drive. Those studies included the 1998 Baptist Road Corridor Study, the 2001 Forest Lakes Traffic Impact and Access Analysis, and the 2001 Jackson Creek Development – Phase 1, Traffic Impact Study.

The TransPlan report issued last August included weekday average traffic counts along Baptist Road as measured in 1997 and again in December 2001. They also measured average weekday speeds in December 2001. The results were as follows:

Section 1997 Dec-01 2001 Avg. Spd
Old Denver Highway to I-25 1,840 3,430 40
I-25 to Jackson Ck Pkwy 5,850 16,480 -
Jackson Ck Pkwy to Leather Chaps - 12, 315 45
Leather Chaps to Gleneagle Drive 5,620 8,590 47

The report calculated traffic levels for the year 2025/full build-out using two differing projected land uses. The first (Alternative #1) assumed the projected land uses from the land use map in the draft Monument updated comprehensive plan. The second (Alternative #2) assumed the projected land uses in the Jackson Creek/Regency Park development and rezoning plan. As seen below, the latter produced somewhat higher traffic projections. This dictated some additional turn lanes and longer turn lanes.

Section Land Use Alt. #1 Land Use Alt. #2
Old Denver Highway to I-25 27,900 29,100
I-25 to Jackson Ck Pkwy 53,500 55,200
Jackson Ck Pkwy to Leather Chaps 31,700 32,700
Leather Chaps to Gleneagle Drive 26,100 27,100

As part of their full build-out projections, Ball said TransPlan assumed Baptist would be connected though to Highway 83 at Hodgen Road and Jackson Creek Parkway would be connected north from Baptist to Highway 105 and south to connect to Struthers Road. TransPlan assumed that a "big box" (e.g., Wal-Mart) shopping center would be built on the southeast corner of Baptist and Jackson Creek Parkway directly south of King Soopers.

Ball said the analysis was done with and without the extension of Mitchell Avenue south to connect to Baptist Road. The Mitchell Avenue extension impact was seen mainly at and west of the Baptist Road Old Denver Highway intersection. Minimal impact was seen on Baptist Road east of I-25. Ball said TransPlan has not yet looked into the consequences of the announced delay in construction of CDOT’s proposed changes to the Baptist Road/I-25 interchange.

Keith Scoggins of Loris Associates presented the current preferred alternative lane and grade configuration. It includes two lanes in each direction with a landscaped median from Jackson Creek Parkway to Leather Chaps. The right-in/right-out access directly from Baptist Road as shown on the Wal-Mart site plan has been removed.

Scoggins said, "The grades are not too bad" but then added that the stretch between Desiree and Tari would have a maximum grade of 9.5 percent, only slightly less than the existing grade that he said, "exceeds 10 percent." The county guideline for major arterials recommends limiting grades to 5 percent. The recommendation for minor arterials is 6 percent. For reference, the grade along Austin Bluffs Parkway east of Nevada is between 6 percent and 7 percent. Scoggins said that to reduce the grade to the recommended limit, "the cuts and fills would disturb a lot of people." He suggested, "Leave the hill alone except for adding a truck-climbing lane." Tari Drive resident Jim Ford seconded the idea of additional lanes for the steepest portions.

Loris said the plan is to present the preferred alternative at a public meeting to be held within the next month or two and then develop a preliminary design for the whole corridor. When asked about including options for phasing the improvements he noted the numerous moving targets including the Wal-Mart proposal, CDOT’s funding for the interchange, and the economy. Williams made a motion that the preferred alternative be given preliminary approval and taken to a meeting to solicit public comments. The motion was unanimously approved with the exception of Brown who had left the room.

Open records policy

Shepherd distributed copies of a letter responding to Plank’s request to review BRRTA’s public records. Plank had visited Shepherd’s Greenwood Village office on Dec. 11 and was told he would have to request in writing the records he wanted to see.

The BRRTA board adopted a resolution prepared by Hunsaker requiring that a requestor "enumerate, as specifically as possible, which records the person would like to review." The resolution also specifies that copies "shall be $1 per page or the actual cost of copies whichever is greater." It was suggested that an inventory of the records available would be helpful to the public in making requests. Shepherd was directed to prepare a list of the categories of records available but need not list each record available.

The board approved public notification by posting of notices on the bulletin board at the King Soopers.

Creekside Middle School fee

Konarski reported that meetings have been held with representatives of Lewis-Palmer school district. Without being specific, she said, "I think we are moving in the right direction."

Future Meetings

The next BRRTA meeting will be held Friday, Apr. 11, 1:30 p.m., at the Monument Town Hall, 166 2nd St., Monument.

Subsequent meetings are scheduled for Friday, Jul. 11, 1:30 p.m. at the county building, 27 E. Vermijo, Colorado Springs and Friday, Oct. 10, 1:30 p.m. at Monument Town Hall. Commissioner Williams said he may be unable to attend the Jul. 11 meeting. It might be rescheduled.

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Articles on prior Baptist Road-related meetings are posted at www.ourcommunitynews.org/top_stories.htm#baptist. There is also background info at www.elpasoco.com/Transprt/baptist_rd.asp and www.coalitiontlc.org/baptist_road.htm.

To get more information and provide comments on the Baptist Road Improvement Project, contact:

  • Peter Loris, Loris and Associates, 303-444-2013 x20, Some information has also been posted at www.lorisandassociates.com/pages/proadbapt.htm

  • Conner Shepherd, BRRTA Project Manager, 303-779-4525 or connershepherd@cliftoncpa.com

  • John Clack, Project Manager, El Paso County Department of Transportation, 520-6851, johnclack@elpasoco.com.

View a picture of the proposed bridge site

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25,000 signatures submitted calling for recall of Huffman and Brown

With the Feb. 21 submission of over 25,000 names, the decision on whether to recall two El Paso County commissioners appears headed to the voters. The two county commissioners are Chuck Brown and Tom Huffman. They joined with Duncan Bremer and Ed Jones, in approving expansion of the county courthouse and jail despite the voters’ rejection of funding for the projects. Recall proponents argue that during the development of these expansion plans, the county commissioners did not sufficiently involve the public or pursue other alternatives. Bremer and Jones left office in January due to term limits.

The recall organizers, Jan Martin and Chuck Murphy, submitted to the county clerk more than 11,000 petition signatures from Tom Huffman’s district and over 14,000 signatures from Chuck Brown’s district. Since each of the County Commissioners are elected from their own district, only those residents within the boundaries of Huffman’s and Brown’s district can vote during this recall election.

The county clerk’s office has ten days to verify the signatures by checking them against the voter registration for that district. Then each of the county commissioners being recalled has fifteen days to file a protest. Following that protest period, if the number of signatures falls below the required number to force an election, the organizers have a short period to gather more signatures to make the required number. 8,556 signatures are needed in Huffman’s district and 11,199 are needed in Brown’s district. If the requisite signatures are verified, the county clerk’s office has ninety days to fix a date for the election.

On the ballot for a recall election, the first question typically asks whether or not the elected official should be recalled. The second question is typically who, of the candidates that have filed, should complete the remainder of the official’s term of office. If a majority of voters approve recall, the candidate that receives the highest number of votes is elected.

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Residents express concerns about growth, water, BRRTA, and a lack of communication

View photos from the Open Road Tour meeting Feb. 11

By John Heiser

Feb. 11: In an unusual move, three El Paso County commissioners held a special meeting at Lewis-Palmer High School to hear from residents. Some in the community observed that the meeting, one in a series being held throughout the county, was prompted by the campaign to recall two of the county commissioners, Tom Huffman and Chuck Brown. The recall was initiated following decisions by the board to go ahead with plans for expanding the jail and courthouse despite voters’ rejection of tax increases to fund the projects.

Commissioners Jim Bensberg, Huffman, and Wayne Williams and clerk to the board Eileen Wheeler attended. Commissioners Brown and Jeri Howells were absent. Approximately 75 to 100 residents attended the meeting.

Woodmoor resident Joy Baldwin raised concerns about overbuilding. She said, "I see it happening throughout the county. I urge you to put a hold on more building until we resolve our drought problems."

Gleneagle resident Bill Howerton objected to the county commissioners’ approval of the revised higher density sketch plan for Struthers Ranch. He remarked to Williams, "Your predecessor [Duncan Bremer] didn’t even show up for the hearing. He was skiing. To say we were disappointed is an understatement. Can we expect better of you?" Williams replied, "I will try to adjust my schedule to attend all meeting where issues important to this area are discussed."

Fox Run resident Steve Waldmann cited a lack of communication with residents regarding the jail and courthouse plans. He said, "You need a white paper that gives the logic behind what you are planning." Williams described the conditions that prompted the need to expand the jail. He said, "It is a well-run jail but greatly overcrowded. Could the county have done a better job communicating the consequences of a no vote? Yes. It is one of the reasons we are here tonight."

Huffman added, "It should have been explained on the ballot but there are strict rules on what can appear on the ballot. You can’t say what the consequences are." He later said the arguments against the ballot measures describing them as an effort to circumvent the Tax Payer’s Bill of Right (TABOR) were not truthful. Regarding the jail, Huffman said, "There are standards we have to meet. If you don’t maintain an adequate jail, you have to release inmates. Other counties have been so ordered. The federal government can also intervene. [Approval of the project] was an action that needed to be taken. It was the responsible thing to do."

Abert Estates resident Richard Marciniak objected to the Flying Horse Ranch project that has applied for annexation to Colorado Springs. The project lies immediately south of Northgate Road and west of Highway 83, covers approximately 1,600 acres, and includes more than 3,000 dwelling units on about 700 acres, more than 200 acres of office and light industrial, about 100 acres of commercial and retail, a K-12 school site, a conference center-resort, and a private golf course. Marciniak said, "It grossly violates the Black Forest, Tri-Lakes, and Northgate plans. We hope the county commissioners will be our allies in this and make comments to the city on our behalf. The surrounding neighbors are virtually universally opposed to the proposal." The planned use of groundwater for golf course irrigation is a major issue with the project. Williams replied, "We have no control of what land is annexed. With annexation, the water rights flow to the city. The city is saying in a drought they plan to mine the aquifers."

Ken Rowberg, director of the county planning department, added that Flying Horse Ranch developer Classic Communities’ request to the county for approval for grading, seeding, and irrigation of the golf course while it awaits a decision on the annexation request has been revised to a grading request only. Rowberg said Classic will be asked to withdraw the request. He added, "We feel there are portions of their plan that are inconsistent with the Black Forest and Tri-Lakes comprehensive plans."

El Paso County Chief Judge Gilbert Martinez described numerous courthouse remodeling projects implemented during the past seven years. He said, "The inn is full. We have moved everybody out of the building that we can. We don’t have any more space for judges. Jurors are sitting on the floor. Victims and defendants are sitting in the same area. You deserve better." He cited a number of cost and efficiency advantages to having the expansion adjacent to the existing courthouse.

Fox Run resident Ronald Henrickson expressed concern that "rapid growth is not following any plan. The Baptist Road interchange is at level-of-service F and funding is not likely for about a decade. It is inappropriate to even consider rezoning [the proposed Wal-Mart site] to regional commercial when the infrastructure can’t support it. Wal-Mart at this point doesn’t make sense. It is not compatible with the area."

Huffman said, "Roads are a constant challenge for us – one of the hardest things we face. Woodmen Road is being built with a ton of money ‘extorted’ from developers." Huffman’s reference to extortion is puzzling since the Woodmen Road expansion is being funded through a special district approved by the board. The developers are providing the funding for the roadwork by purchasing doubly tax-exempt bonds that will be repaid to them with interest by property taxes levied against future property owners in the district.

Williams noted that the county’s road and bridge property tax mill levy is higher than any other Front Range county but still lower than the library district’s mill rate.

Pine Hills resident Steve Phillips expressed concern that the county commissioners approved the Forest Lakes project without requiring the developer to construct a grade-separated railroad crossing on Baptist Road. He said the crossing is needed for emergency access to the Twin Valley area and added, "Too bad we weren’t able to extort that from the developer. The developer extorted something from us."

In response to a question from Jackson Creek resident Bill Miller about the impact of the military call-up, Sheriff Terry Maketa said that out of 390 deputies, 24 are reservists. He said that since the call-up is based on specialty it is unlikely that all 24 would be called up at once. The most they are expecting at one time is seven. He concluded, "We don’t expect it to affect service."

Maketa described deputies’ recent use of the holding facility at the Colorado Springs police station off north Academy Blvd. to reduce the time it takes them to process arrestees. Maketa said, "I think it has already resulted in an increase in patrol time."

Black Forest resident Steve Plank urged the commissioners to take a look at the Baptist Road Rural Transportation Authority (BRRTA). He said, "This is the worst emasculation of the democratic process I have ever seen."

Former commissioner and BRRTA board member Duncan Bremer staunchly defended the formation and operation of BRRTA. He said the traffic on Baptist Road increased from 4,000 average daily vehicle trips in 1995 to 12,000 to 14,000 per day now. He said, "The county didn’t have the resources to make it work. The legislation said only residents could vote. Two residents volunteered to help." Bremer added, "[BRRTA] is on track to get the job done."

Regarding the BRRTA fee structure, Bremer said, "$500 per new house will contribute close to half the cost of the improvements. We planned to get the other half from commercial."

Bremer’s statement is surprising since the cost of the Baptist Road improvements is estimated at between $5 million and $10 million. To fund half of that through $500 per house would require 5,000 to 10,000 houses to be built within the district. Current plans do not call for anywhere near those numbers.

Kingswood resident Carol Farmer characterized the formation of BRRTA as a deal put together in a smoke-filled backroom. She asked, "How can we dissolve this group that was formed without public input?"

Monument resident Michael Hess said, "You have very little hesitation to approve small lot sizes next to large lots. Are you concerned that in 20 years this area will look a lot like Orange County, California? If so, what are you doing about it?" The question drew applause from the audience. Williams cited the 300-year water availability rule as "the largest restriction on growth." He added that small area plans are also considered but then dismissed the concern saying, "I don’t envision northern El Paso County looking like Orange County."

Bensberg said, "Government ought to be a participatory sport. It is valuable to know what your vision is." He encouraged residents to attend board meetings or watch them using the county’s web site. Williams agreed saying, "We appreciate your concern for the community." Huffman added, "E-mail is a great way to communicate with us."

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Commissioner Wayne Williams’ direct phone number is 520-6411. His email address is waynewilliams@elpasoco.com. The county’s website address is www.elpasoco.com.

View photos from the Open Road Tour meeting Feb. 11

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County planning commission rules on Spaatz Lane right-of way

By John Heiser

At their Feb. 18 meeting, the El Paso County Planning Commission recommended approval of the release of the Spaatz Lane right-of-way. The recommendation was conditioned on reservation of a 30-foot right-of-way for possible extension of Rickenbacker Avenue to the boundary of the Forest Lakes residential property. Past suggestions that Rickenbacker be extended have met with opposition from the neighbors.

Eberhard Klotz and Jens Zimmermann appeared before the commission and requested that the approximately 380-foot-long right-of-way between their two properties be removed. The right-of-way was created in 1957 as part of Pine Hills Addition 4. The original intent was to provide access to the Forest Lakes property to the south. The road was never constructed. The approved Forest Lakes preliminary plan proposes use of Lindbergh Lane rather than Spaatz Lane for access between Forest Lakes and Pine Hills.

The planning commission recommendation will be forwarded to the El Paso County Board of County Commissioners for final action. If approved, each of the two parcels would receive half of the land.

Another Tri-Lakes area item appeared on the agenda but was continued to a future hearing. It was a proposal to place two 8 by 12-foot signs on the Monument Business Park property east of Monument Hill Road and approximately one-quarter mile south of County Line Road. Since the size of the proposed signs exceeds what is allowed in the property’s C-1 zone, a special review hearing must be held before the signs may be constructed.

Other Tri-Lakes area projects to be heard at future planning commission hearings include final plats for Misty Acres Filing 2 and Greenland Preserve Filing 1.

The 124-acre Misty Acres development is east of Monument Hill Road and west of Doewood Estates. The final plat for Filing 2 shows 22 single-family lots and four multifamily lots on 59 acres.

Greenland Preserve, formerly known as Greenland Forest, is located roughly one mile east of I-25 on the south side of County Line Road. The preliminary plan was approved for 51 single-family lots on the 55.6 acres. The final plat for Filing 1 shows 20 single-family lots on the easternmost 22.7 acres of the parcel. Lot sizes range from 22,000 square feet (0.52 acre) to 136,000 square feet (3.1 acres), with an average of about one acre.

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The planning commission normally holds hearings on the third and, if necessary, the fourth Tuesday of each month. The next hearing will be Mar. 18. The agenda for that hearing will be posted at http://adm.elpasoco.com/planning/Agendas/PC/PC-Agn.asp. The hearings are held in the 3rd floor hearing room of the county building, 27 E. Vermijo, Colorado Springs.

For more information on these and other projects within the county, contact the planning department at 520-6300 or visit www.elpasoco.com/planning.

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Palmer Lake Town Council Workshop and Meeting Feb. 6 and 13

By Judy Barnes

New business licenses

Sandy Bauers Massage Therapy: Sandra Bauers will provide therapeutic massages at An Escape Day Spa at the West End Center, 755 Highway 105.

Therapeutic Mountain Massage: Pamela Cherkofsky will operate a mobile service offering therapeutic neuromuscular massages.

Resolution supporting an amendment to the Colorado Revised Statutes to prohibit a county government from reducing road and bridge taxes

This resolution supports a bill in front of the state legislature, sponsored by Rep. Michael Merrifield, that prohibits a county government from reducing road and bridge taxes below the rate imposed on Jan. 1, 2003, without the consent of the municipalities within the county. The Colorado Municipal League, a nonprofit, nonpartisan organization that represents and serves Colorado’s cities and towns, is willing to support Merrifield’s bill, but wants municipalities to support it first. The bill would prevent the kind of action taken by the El Paso County Board of Commissioners that recently reduced the road and bridge tax by about $500,000 in order to make more funds available to pay for new county jail facilities. This reduction withdraws funds needed by the municipalities for maintenance and repair of roads and bridges. Palmer Lake would lose between $700 and $1,000 in road and bridge funds. After some discussion, the resolution passed 5-2, with Trustees Eddie Kinney and Chuck Cornell dissenting.

Committee reports

Parks and Recreation: Trustee Cindy Allen reported on the fitness program at the town hall. Classes meet Tuesdays and Thursdays, 10-11 a.m. The cost is $2.50 per class for a prepaid four-week session and $2.00 per class for a prepaid eight-week session.

Water: Trustee Chuck Cornell reported that, based on the report by Steve Orcutt, water treatment plant operator, as of Feb. 6 the reservoir contained approximately 63.5 acre-feet of water. With 15 percent of that unusable due to silt, 54 acre-feet remain, enough for 3.9 months of use. If no water is added to the reservoir, the town will be out of surface water by the end of April or early May. Storage rights for the reservoir end midnight on March 15. Water added to the reservoir after that does not belong to the town. The new Arapahoe well could be used for emergencies, but has no filtration system in place. The D-2 well can be used for 45 days, but then has to recharge for up to six months. "We need to continue conserving water," said Cornell; "I don’t see us lifting any restrictions." Trustee Allen added, "We need to reiterate [to Palmer Lake residents] that we are still under water restrictions. I’ve seen people watering sod and washing cars."

Roads: Trustee Randy Jones recounted that Bill Johnson, of Cheyenne Mountain Bank, met with him and Roads Supervisor Bob Radosevich to discuss a separate entrance and 200 to 250 feet of road to connect six more lots in Lakeview Heights.

Police: Trustee Kinney reviewed the year-end police report for 2002. Traffic citations increased from 318 in 2001 to 622 in 2002.

Community and Economic Development—Buildings: Trustee Susan Miner reported that they were developing a brochure to market Town Hall for corporate meetings. The building could accommodate small weddings with up to 75 guests.

Fire: Trustee Scott Russell asked the board to reappoint Greg Lokken as chief; the board approved unanimously.

Mayor’s report: Mayor Nikki McDonald noted the water fund is separate from the general fund. Money from the water fund cannot be used to subsidize any other department.

Public input - Mari Arnett

The Arnett family lives on Wheatridge Street, next door to Blane Pshigoda, whose Pomeranian dog was killed in December in his backyard by a straight object, perhaps an arrow, while the Pshigoda family was away on vacation. Mari Arnett expressed her dissatisfaction with the way the Palmer Lake Police Department handled the situation. Her eleven-year-old son Chase was accused of killing the dog, and the investigating officer questioned Chase’s friends, which fueled the rumor mill, in Arnett’s opinion. She described harassment by neighbors, some calling Chase "dog killer." Ten posters of the dog’s dead body were put up within 50 feet of the Arnett’s home, some facing their house. Due to the intolerable situation, the Arnetts decided that Ramoca subdivision and Palmer Lake are not where they want to live anymore. They have put their house up for sale.

Blane Pshigoda told the trustees he felt the police were very professional and followed up on every lead he gave them. He put up the signs in the neighborhood, offering a reward of $1,000 for help in finding his dog’s killer. He maintained that he did so legally, following the advice of the animal rights group, People for the Ethical Treatment of Animals.

Request for B & E Filling Station to expand

Contractor John Cressman presented a site plan showing the proposed addition that would add 20 feet to the rear of the building. With the added square footage, the building would require 20 parking spaces. There are six spaces on site (behind the building), and the restaurant would like to use 14 spaces of the town’s parking lot. Trustee Miner mentioned that O’Malley’s, Bella Panini, and the Villa also have parking problems, and have agreed that lighted walkways from the town parking lot to all the establishments would be desirable. Cressman said the merchants would get together and make the improvements to the lot that would benefit the town. Miner added that signage would be needed on the backs of the buildings, to be visible from the parking lot and to draw people visiting the lake. Town Attorney Larry Gaddis warned against setting a precedent and suggested forming a committee of three people to pursue the plan. Trustees Miner, Jones, and Allen agreed to serve on the committee.

Ballot issues

The trustees considered three issues for a special election April 1. The first two would ask voters’ permission to retain excess revenue from FY 2002 and 2003 for use by the various departments of the town; a third issue would propose an occupation tax, or bed tax, on inns and lodges. Town Clerk Della Gins noted that in the past, voters have never denied the town the overage. "Last year was a fluke," said Gins, "because of the fire issue." Some voters opposed the mill levy (four mills) for Palmer Lake’s volunteer fire department. Gins explained that the excess revenue would not go back to Palmer Lake residents; in this case, the money would go back to a large corporation that made a lump sum payment of $19,000 for sales tax they owed for the past five or six years.

Palmer Lake resident Patrick Duffy accused the trustees of wasting the town’s money with a special election. Trustee Kinney explained that they were having a special election for the occupation tax, which they had to get on the ballot so the town could collect revenue from local inns and lodges. Shortly after the meeting, Gins found out that TABOR law does not allow a special election strictly for the purpose of addressing tax issues. The April 1 special election has been canceled and the tax issues will appear on the November ballot.

The meeting adjourned at 9:05 p.m.

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Monument Board of Trustees Meetings Feb. 3

By Judy Barnes

5:30 p.m. Special Meeting

Trustee George Brown was absent. The special meeting was called to discuss possible referendum issues for the November ballot and to discuss board goals. Six possible referendum issues were discussed.

  1. Retain excess revenue. This has been on a four-year cycle. In the past three years, the 1999 ballot issue has allowed the town to retain as much as $140,000 in FY1999 in the General Fund and as much as $594,522 in FY2000 in the Water Fund.

  2. Lodging tax. Town Attorney Gary Shupp described the legality of a statutory town being able to place this on the ballot. He explained the difference between a lodging tax and an occupation tax. This would apply to any type of lodging. As a statutory town, Monument cannot impose a percent tax, but could do a flat rate (i.e., $2 per occupied room per night). Discussion ensued about how to set the amount and where the money should go. Mayor Betty Konarski noted, for example, that it could go to an economic development fund. Town Attorney Gary Shupp said he’d investigate if there could be a sliding scale, based on what the lodging establishment was charging. The Colorado Municipal League has been asked to provide the town with information concerning how other statutory towns levied lodging taxes.

  3. Debt for well no. 9 from unassigned proceeds from the one-cent sales tax for water capital improvements. A 1989 Referendum authorized one cent of sales tax to be "pledged to assist in the payment of water system improvements." This revenue is currently estimated to generate $481,460 in FY2003. Due to TABOR limitations (established in the early 1990s) for enterprise funds–such as the Water Fund–the Water Fund can only accept $101,170 of this amount. A second portion can pay for any general obligation backed water debt, which is why the Debt Service Fund was established. This fund’s current annual principal and interest payments are $257,075. However, these two portions do not consume the entire $481,460–there is a $123,215 portion remaining and unassigned. It is this unassigned annual portion of the one-cent water sales tax that the town manager suggested could be applied to a new well (no. 9) via a voter-approved bond issue. This would not be a new tax – simply the voters approving the use of existing unassigned revenue for a new debt instrument (bond) for a well using projected unassigned revenue from FY2003–FY2007 for a $910,505 well. The only legal restriction (from the 1989 referendum) is that it must be used for a water system improvement (the town manager thinks this is for capital system improvements). This would not result in a tax increase for the voters; it is using existing water revenue. So, the referendum question would be, "Should the currently unassigned portion of the one-cent sales tax (located in the Town’s Debt Service Fund) dedicated by a 1989 Referendum to water system improvements be used to pay the $910,505 debt for a new water well?"

  4. New debt for a Police Station/Town Hall. This concept involves asking for new debt (a bond issue) to help pay for a new Police Station/Town Hall/Water Administration complex that might include the Chamber of Commerce and one or more special district offices that could bring rent revenue to the mix. The difficulty with a revenue source is that the town legally cannot increase the sales tax above 3 percent even with voter approval and asking the voters to increase the property tax does not raise significant revenues because each 1 percent of increase is only $2,500 annually. This concept will need a lot more work to maximize the annual rent income. The town could make the building large and rent out space in it—to the Triview Metropolitan District for instance. It could be a municipal complex.

  5. Storm drainage improvements. With the storm drainage study included in the FY2003 budget, funding for the anticipated capital improvements from the study would be in order for FY2004. However, as with the Town Hall complex above, there is not a significant revenue source to ask the voters to increase.

  6. Home rule charter. This issue is on the board’s retreat goals action plan. The town manager asked if the board was inclined to direct the staff to determine if there is time to establish a charter committee now with a goal of a referendum in November. The clerk will research the timeline. The special meeting adjourned at 6:30 p.m.

6:30 p.m. Regular Meeting

Public comments

Stephanie Johnson, vice president of the West Oak Ridge Homeowners’ Association, appeared before the board with several issues: red paint on the curbs in front of fire hydrants is peeling; Candletree Circle sidewalks are crumbling; the entry to the neighborhood needs landscaping, and the group needs to know where the boundaries are.

Resolution #5 in support of an amendment to the Colorado Revised Statutes to prohibit a county government from reducing road and bridge taxes

This resolution supports a bill in front of the state legislature, sponsored by Rep. Michael Merrifield, that prohibits a county government from reducing road and bridge taxes below the rate imposed on Jan. 1, 2003 without the consent of the municipalities within the county. The Colorado Municipal League, a nonprofit, nonpartisan organization that represents and serves Colorado’s cities and towns, is willing to support Merrifield’s bill, but wants municipalities to support it first. The bill would prevent the kind of action taken by the El Paso County Board of Commissioners that recently reduced the road and bridge tax by about $500,000 in order to make more funds available to pay for new county jail facilities. This reduction withdrew funds needed by the municipalities for maintenance and repair of roads and bridges. The motion passed unanimously by roll call vote.

Ordinance # 3-2003: Approving the subdividing of the severed parcel north of the town access road to Monument Lake

Trustee Glenda Smith said this ordinance should have been presented with the park lane road ordinance passed Jan. 21. Mayor Konarski agreed. The motion passed five to one, with Smith dissenting, due to the timing of the ordinance. Smith noted the ongoing problem of receiving information so late that they do not have enough time to examine it in depth.

Disbursements over $5,000

The board approved the following payments:

  1. Community Matters, Inc., $7,005.57 (Comprehensive Plan)

  2. GMS, Inc., $7,038.94 (10/26/02 to 12/27/02 services)

Broiler Room status

Town Treasurer Judy Skrzypek reported there was no change in the status of the Broiler Room water tap fee receivable. Town Attorney Shupp also had not heard from Jeff Jergensen, owner of the Broiler Room. The balance due is $13,500. Shupp will send a return receipt letter to Jergensen, letting him know the town needs to hear from him within 30 days.

Report of administrative approval of Puckett subdivision

The town planner approved an application by Dr. Frank E. Puckett, for a final plat (replat) and a final site plan. The application qualifies as a minor plat, which is subject to administrative approval. The property was originally platted as lots 7 and 8 of Monument Addition No. 3, with the long dimension of the lots platted in an east-west direction. The applicant wished to change the orientation of the lots to a north-south direction to allow a second house to be constructed on the proposed lot 2.

Request to develop new town logo

Mayor Konarski requested the board’s permission to pursue a new Town of Monument logo. Since the web site and the entry to town are both being redesigned, Konarski felt the logo needed to be updated. One option would be to let the community, including the Tri Lakes Center for the Arts, submit ideas. Mayor Konarski will work with staff to develop the ideas suggested by the trustees.

Farmer’s market

The summer outdoor market needs to find a new location. First choice is the Big Red parking lot and lawn. Approval of the District 38 school board is required.

The meeting adjourned at 7:35 p.m. to go into executive session for legal advice regarding a recent court case involving drainage.

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Monument Board of Trustees Meeting Feb. 18

By Judy Barnes

Nathan Kamp, from Boy Scout Troop #17, led the Pledge of Allegiance. Trustee Frank Orten was absent.

Resolution authorizing a contract with the Colorado Department of Transportation (CDOT) for the Second Street sidewalk project

The town received an enhancement grant from CDOT for a sidewalk on the north side of Second Street, from Highway 105 at the Interstate 25 overpass westerly to Beacon Lite Road. The town is responsible for the design of the sidewalk and a 20 percent match of $29,000. CDOT is responsible for the construction as a change order to their overpass project. The town’s match is budgeted. The motion to approve passed unanimously.

Resolution adopting a fee schedule for FY 2003

Town Manager Rick Sonnenburg presented the FY 2002 fee schedule, which had a few minor changes from the previous schedule. Trustee Doug Warner suggested that next time the board receive a list of comparable fees from other municipalities in the region so they could see if Monument’s fees are in line with the others. The resolution passed unanimously.

Final payment to XKE Contractors for Jackson Creek Parkway

The board voted unanimously to approve payment. Mayor Betty Konarski addressed complaints about the uneven pavement on Jackson Creek Parkway. CDOT still has to add another lift to their part of the road; then it will match the pavement completed by Monument. Trustees Glenda Smith and Byron Glenn noted the road should get top priority for snow removal for the safety of the high school students. Triview Metropolitan District has not paid their share of the project cost. Following a suggestion by Glenn, Town Attorney Gary Shupp will review if the town can withhold Triview’s sales tax share until they pay for Jackson Creek Parkway.

Status of the Broiler Room water bill

Town Treasurer Judy Skrzypek reported that Jeff Jergensen, owner of the Broiler Room, signed the promissory note and made another payment of $2,250 that day.

Report and discussion of personnel policies

Rick Sonnenburg conducted a survey of municipal personnel policies by sending a 32-question survey to 50 cities, towns, and counties. He provided a summary of the 29 responses he received, including his own recommendations. The board discussed some of the policies that included termination at will vs. for cause, progressive discipline, and snow day pay.

Property donation from CDOT

In January CDOT contacted the planning department regarding whether or not the town would be interested in receiving a small parcel of land located on the east side of Interstate 25, north of State Highway 105. Davenport did not see a need for the property, but noted that it might be good for future annexation by creating contiguity. However, the parcel could be a liability, since it is not near any other town property. CDOT did not give a reason for wanting to give this land away. Mayor Konarski noted the town could own the land, but not necessarily annex it. Davenport will investigate the matter further.

At 8:20 p.m., the board went into executive session to receive legal advice regarding the Second Street eminent domain case.

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Triview metro board meeting Feb. 26

By Judy Barnes

The Triview Metropolitan District Board of Directors held its regular monthly meeting Feb. 26. Two Jackson Creek residents other than board members were in attendance.

District manager’s report

Ron Simpson, Triview district manager, reported that there was nothing new regarding Wal-Mart.

Simpson noted that 100 signs were up on the east side of the Preble’s Meadow Jumping Mouse habitat, warning people to stay out of the habitat area. Miles Grant and Jackson Creek Land Company split the cost of the signs. Simpson said that if the signs do not work, U.S. Fish and Wildlife could require a six-foot high chain link fence enclosing the mouse habitat, which would be expensive and unsightly.

Regarding landscaping along Leather Chaps, Simpson received two bids that were unacceptable—one too high, the other too low—and was rebidding the project.

Development status

Rick Blevins, Jackson Creek Vision Development Company, reported that CLC Associates, a commercial development company based in Denver, is preparing a preliminary alignment, profile, and cost estimate to complete Jackson Creek Parkway from Highway 105 to Struthers Road.

Blevins also described a proposed commercial development, Monument Town Center, to be located on commercial property between I-25 and Jackson Creek Parkway, northwest of King Soopers. The center could accommodate two or three big box stores along with smaller retail businesses and restaurants.

Attorney Peter Susemihl reported that Miles Grant of Monument Properties agreed to pay for a new well to serve the 91 lots that he plans to develop. Grant has two parcels of land; one north of King Soopers, across Lyon’s Tail, and the other east of King Soopers between the shopping center and Carriage Park.

Wastewater treatment plant

Simpson informed the board that discussions were underway to determine the best way to expand the water treatment plant that currently serves Donala, Forest Lakes, and Triview.

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The Triview Metropolitan District board of directors normally meets on the fourth Wednesday of each month, at 6:30 p.m., at the district office, 174 N. Washington St. The next meeting will be March 26.

For further information, contact the Triview Metropolitan District at 488-6868.

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Important vote facing the Heights

By G. B. "Steve" Stephenson
Vice President/Treasurer, HJCCO

Residents of the Heights at Jackson Creek have been working for a year to form a homeowners association to be called the Heights at Jackson Creek Community Organization (HJCCO), amend the community’s covenants, and establish a set of bylaws for the operation of the HJCCO. A public meeting will be held March 13, with a vote following in April. A recounting of the steps followed in this process should be helpful to Heights residents and residents of other areas interested in forming a homeowners association.

Background

In Jackson Creek, there are a number of subdivisions or filings. The Heights consists of Filing No. 1 and Filing No. 2, and includes 313 homes among the approximately 560 that are occupied to date within the Triview Metropolitan District.

The builder for Filings 1 and 2 was Elite Properties of America, Inc., better known as Classic Homes. Classic Homes filed a set of Covenants, Conditions and Restrictions for Filings 1 and 2 with the El Paso County Court. In addition, to complement the covenants, a set of design standards was filed. The filing of these documents constituted the establishment of a Covenant Controlled Community under Colorado law. Any buyer of property in The Heights at Jackson Creek has agreed to and has the responsibility to abide by the covenants.

The stated purpose of the covenants is, "a) to protect and enhance the quality, value, aesthetic, desirability and attractiveness of the property; b) to define certain duties, powers, and rights of owners of lots within the property; and c) to define certain duties, powers and rights of the Declarant." The Declarant was Classic Homes.

Until the fall of 2001, Classic Homes managed the affairs of The Heights to include those cases involving covenants compliance. In September 2001, Classic Homes, following provisions in the covenants, transferred covenants management to The Heights’ property owners. The covenants called for a three-person property owner board to manage the community’s affairs. Classic Homes solicited volunteers from the community. On September 30, 2001, Classic Homes filed with the El Paso County Court a Reconstitution and Assignment of Approving Authority for The Heights at Jackson Creek Filing No. 1 and Filing No. 2, officially transferring covenants management to the property owners.

The three-person board then set about organizing and determining priorities. The board immediately recognized that the inherited covenants were not sufficient to effectively and efficiently run the organization. There were missing provisions such as those administrative procedures found in a set of bylaws. Errors were also found. Of paramount concern was the absence of annual assessments or dues that would fund the expenses of managing the community’s affairs.

These findings were presented to property owners by mailings, public meetings, and surveys during the spring of 2002. Feedback from property owners reflected solid support for amending the covenants to include a limited annual assessment, correction of errors, and preparation of a set of bylaws.

With no continuing source of funds, some property owners contributed money to pay for the initial administrative expenses of organizing the HJCCO. Subsequently, Classic Homes contributed funds in support of the organization and its efforts to amend the covenants. With these limited financial resources, the board continued to organize itself to include the establishment of sector coordinators and other volunteers to assist in the day-to-day management of the community’s affairs.

Considerable effort has gone into the drafting of the amended covenants and related documents. The HJCCO board researched and wrote the initial draft of the documents. In the fall of 2002, a local law firm was selected to assist in the drafting of the amended covenants and related bylaws.

Much effort has also gone into working with the Triview Metropolitan District Board and staff to better understand their role in providing services to The Heights’ residents. The first area of concentration was the general physical appearance of The Heights. The district has recently committed to spend additional funds in 2003 to protect, maintain, and improve the parks, trails, and common areas.

Status

By March 1, incorporation of HJCCO as a Colorado nonprofit corporation is to be completed and draft amendments to the covenants and the draft bylaws are to be mailed to all 313 Heights property owners. The most significant change in the covenants is the addition of an annual assessment. Based on a draft budget for the organization, the 2003 assessment for each lot was set at $89 per year ($7.42 per month). The annual assessment will be increased or decreased annually based on expenses. At the request of the property owners, a maximum increase of 5 percent per year will be permitted.

Community meeting Mar. 13

A public meeting will be held Mar. 13, 7 p.m., at Creekside Middle School to give a short history of the HJCCO’s activities over the last year, to discuss the bylaws and the amendments to the covenants, and to solicit comments and suggestions.

 Following the public meeting, the bylaws will be revised and adopted by the board and then annually reviewed and revised as needed. The amendments to the covenants will be revised and final copies and a ballot will be mailed to property owners on April 3.

Ballots must be completed, signed, and returned to the HJCCO attorney’s office in Monument by April 24. In order for the amended covenants to take effect, two-thirds of the property owners must vote in favor. This all-important vote will culminate a year’s work. Continued interest, support, and communications with neighbors concerning this project and community issues are paramount.

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If you have questions or suggestions, contact G.B. Stephenson at 488-2327 or by e-mail at peakview@codenet.net; Kevin Barszcz, Vice President/Secretary at 487-0241; or Bob Lowes, Vice President/Administration at 488-5605.

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School board puts bond issue on hold Feb. 20

By Tommie Plank

The District 38 School Board has decided not to put a bond issue on the ballot this coming November. Terry Casey of RBC Dain Rauscher, the district’s bond counsel, presented information on the tax impact to property owners. A new facility to house an additional 12,000 students, whether a second high school or an expansion to the present high school campus is built, will cost approximately $40 million. Assessed valuation in the state has gone down, and the district now does not have the bonding capacity to legally ask for enough money to build either high school project in its entirety, regardless of which option might be selected. Casey said the tax burden to property owners would be many times greater than has ever been requested, and noted that property taxes will increase anyway to pay the current indebtedness, even without a new bond issue. Smaller bond issues to phase in construction projects would not do much to mitigate the cost to taxpayers. His advice to the board, in light of this information and the current economic uncertainty, was against a bond question in the near future.

The board will continue its investigation of the two high schools versus an expanded high school campus in a series of community forums. The present rate of growth will necessitate something being done soon. The high school is nearly at capacity now, and modular units will most likely be required next school year. The board felt that this delay should be used as an educational opportunity. "Whatever is eventually decided (a second high school or expansion to the campus)," said one board member, "people that have moved here largely because of the reputation of the schools should remember that the district 38 board and administrators, with the support of the community, have a history of providing the very best educational opportunities and facilities possible. That will not change."

Monument Mayor Betty Konarski and Town Planner Mike Davenport presented their visions for developing Monument into "Old Town" and "New Town" areas. Old Town, along Second Street from I-25 to Monument Lake, would be a pedestrian-friendly area of historic buildings and historic-looking small shops. New Town would be a multi-generational center with Lewis-Palmer High School and the proposed YMCA joining together to provide various educational, arts, and recreational activities. A system of trails to connect the two areas is also part of the vision.

An updated three-year District Technology Plan was presented. District Technology Supervisor Steve Endicott and the technology team worked for several weeks to update the district’s plan, focusing on information literacy with student learning at the center. There is also a very large staff development component; this plan will form the foundation for using technology in all areas of the district. Endicott, along with the members of the Tech Team—Rick Tanski, Roy Saye, Tracey Lehman, and Robert Templin—were all commended for the many hours they devoted to developing the plan.

A Board Commendation was given to Olga Fitzgerald, who invites special education students in district 38 to experience horseback riding at her Leather and Grace stable as part of their physical education program.

Dr. Jeff Ferguson acknowledged Superintendent Ted Bauman, who was recognized for being named the Honor Administrator by the Colorado Music Educators Association for his support of music education.

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The next regular meeting of the Board of Education will be Thursday, March 20. The meetings are held at the Administration Building at Second and Jefferson, and begin at 7 p.m.

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Tri-Lakes Fire Protection District board meeting Feb. 20

View a photo of the meeting and the response time map

By John Heiser

Potential merger with other fire districts in the Tri-Lakes area was a major topic of discussion at the Feb. 20 regular meeting of the Tri-Lakes Fire Protection District Board of Directors.

District merger working group meeting

Tri-Lakes district president Charlie Pocock reported that at the Feb. 4 joint working group meeting, he sensed a change in direction. Instead of a bottom-up approach based on commonality of policies and procedures between the departments, he concluded the plan is to approach merger from the top down looking at the structure of the governing body and the property tax mill levy. Pocock said with the top-down approach, details such as personnel manuals do not matter because only the resulting district’s policies and procedures will be in force.

Pocock added that the working group is now talking about inclusion rather than consolidation. With consolidation of two districts, both are dissolved and a new district is formed that encompasses both former districts boundaries. Inclusion means that one of the districts is merged into the other.

District treasurer John Hildebrandt expressed concern that the Woodmoor-Monument district board tabled the proposal for the Tri-Lakes district to provide ambulance service to both districts. He said, "That would be a definite benefit to Woodmoor-Monument district residents. Tabling this proposal is not within the spirit of working together. If this was one district, that would not be an issue." The Woodmoor-Monument district has paramedics but currently contracts with American Medical Response (AMR) for ambulance service. An AMR ambulance is often kept at the Wescott station on Gleneagle Drive near Baptist Road. Citing the Tri-Lakes district’s ambulance better response time for most of the Tri-Lakes area, Pocock said, "Getting the patient to the emergency room is what is really important." Vice chair Oscar Gillespie added, "They have to realize the benefit we are offering to their residents."

Pocock reported that the maps for the five-minute drive time coverage areas for the Palmer Lake Volunteer Fire Department, the Tri-Lakes district, the Woodmoor-Monument district, and the Donald Wescott Fire Protection District have been combined into one map. In the overlapping areas, more than one district can reach those areas within five minutes.

The map also shows several areas that cannot be reached by any of the districts within five minutes. One such area is near I-25 and County Line Road. Tri-Lakes chief Robert Denboske reported that Tri-Lakes personnel recently drove the routes to that area and concluded that the area can be reached from the existing Tri-Lakes and Woodmoor-Monument stations within five minutes. The map is being updated.

Other areas with potential response time problems are Pine Hills, Twin Valley, and Highway 83 south of Hodgen. Collecting additional drive time data will refine the extent of the problem.

The working group is using the combined coverage map to determine what changes to station locations would provide the best response time improvements. One possibility being discussed is relocation of the present Woodmoor-Monument station to King’s Deer Point and Furrow Road.

Pocock noted, "If we chose six minute drive times, we wouldn’t have a problem. It is really a decision for the new board [of the combined district]."

Director Rick Barnes said, "My biggest concern is that we are inundating staff with merger-related tasks. We need to keep this district functioning."

Financial Report

Hildebrandt reported that district expenses are currently running about 3 percent under budget.

Chief’s Report

Chief Denboske reported that the district handled 65 calls in January. The breakdown was 28 medical, 17 fire, 13 traffic accidents, 5 public assists, and 2 hazardous materials. 33 people were transported to area hospitals.

Denboske also reported that the district has been restored to full membership in the North End Group of fire chiefs. All automatic mutual aid agreements have been restored.

EMS Report

Ron Thompson, assistant chief and Emergency Medical Services (EMS) coordinator, reported that the district is making progress implementing the new software for medical services billing and trip report writing. He said the district is on schedule to meet the April 2003 deadline for electronic billing to Medicare. He said the district will also be Health Information Protection Act (HIPA) compliant by next month. HIPA mandates privacy of medical patient information.

Thompson noted that Tri-Lakes has been certified to provide training on ice rescue techniques. He added that there were two dog ice rescues this year.

Station 2

Pocock reported that an agreement has been signed with the Great Divide Water Company that owns the well next to Station 2. Under the agreement, the district can use up to 54,000 gallons of water per month. Ninety percent of the water used will be counted toward Great Divide’s water augmentation programs. The agreement calls for protection of the wellhead and allows for parking near the wellhead by Station 2 personnel.

Barnes said his architectural firm will restart work on the project next week. The effort was put on hold awaiting the agreement with Great Divide.

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The Tri-Lakes Fire Protection District board normally meets at 7 pm on the third Thursday of each month at the district firehouse, 18650 Highway 105 (near the bowling alley). The next meeting will be held Mar. 20. It is to be a joint meeting with the Woodmoor-Monument district.

For more information, call Chief Denboske at 481-2312.

View a photo of the meeting and the response time map

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NEPCO meeting Feb. 1 features commissioner Williams

View photos from the meeting

By John Heiser

At the Feb. 1 meeting of the Northern El Paso County Coalition of Community Associations (NEPCO), newly elected county commissioner Wayne Williams responded to residents’ questions and comments. Williams was sworn in Jan. 14 to represent district 1 that includes the Tri-Lakes area and extends south to Flintridge and Academy in Colorado Springs.

About 40 people attended the meeting. Numerous northern El Paso County homeowner associations and residential areas were represented at the meeting including Bent Tree, Chaparral Hills, Falcon’s Nest, Gleneagle, Fox Run, King’s Deer, Nichlas Court, Sun Hills, The Heights at Jackson Creek, and the Woodmoor Improvement Association

Election results

NEPCO President Steve Sery announced that the newly elected officers are Dave Swanson, Falcon’s Nest resident, as vice president; Bob Swedenburg, Gleneagle resident, as secretary, Beth Courrau, Woodmoor resident, as facilitator. Chaparral Hills resident Sery continues as chair and King’s Deer resident Glenn Scott continues as treasurer.

Land Use Committee Report

Bill Eckert, land use committee (LUC) vice-chair, described how the land use committee reviews land use proposals and prepares comments that are forwarded to the county planning department, county planning commission, and the board of county commissioners. He said, "Our job is to take care of people who live here." Eckert summarized the LUC’s responses to the following recently reviewed land development proposals:

  1. Struthers Ranch - The LUC comments raised concerns about the Struthers Ranch sketch plan density transitions to Chaparral Hills and Gleneagle. Eckert said, "Density transition is a big thing around here."

  2. Wal-Mart - Eckert said, "We did not give them a religious no." He went on to say that if improvements to Baptist Road are not constructed before the Wal-Mart is built, "We will find new elected officials." The improvements are needed to restore public safety that would be compromised from the doubling of Baptist Road traffic that would result from the project. Other comments opposed the request for Planned Unit Development (PUD) zoning, supported the county’s 300-year water supply requirement, and raised concerns about neighborhood transition issues, drainage, and potential environmental pollution from de-icing and other chemicals.

  3. Monument Business Park - LUC comments on the project south of County Line Road and east of I-25, raised water supply, density transition, and traffic issues.

  4. Smith Creek drainage basin study - The LUC provided comments on the study that was approved Jan. 21 by the county planning commission.

  5. Flying Horse Ranch – The LUC cited the proposed use of groundwater for golf course irrigation as a major issue. The Flying Horse Ranch project immediately south of Northgate Road and west of Highway 83 covers approximately 1600 acres and includes more than 3,000 dwelling units on about 700 acres, more than 200 acres of office and light industrial, about 100 acres of commercial and retail, a K-12 school site, a conference center-resort, and a private golf course. The project has requested annexation to Colorado Springs. While that request is being processed, the developer requested permission from the county to do grading and seed and irrigate the golf course.

LUC chair Dave Swanson added, "If you don’t play in your local government, somebody else will and it will probably be a developer. We stand to lose something important while we are not paying attention."

Wayne Williams

Williams described efforts to improve communication between the board of county commissioners and the voters. The recent series of "Open Road Tour" meetings included the one held at Lewis-Palmer High School Feb. 11 [See article].

Williams explained the county organization of five districts and the other elected officials and departments with whom the county commissioners must interact. He noted that there are seven elected officials who do not answer to the board and added, "We can’t tell them how to run their departments, subject only to some funding input from us."

He explained the various boards and government organizations that he will be working with: the planning commission, the parks advisory board, the sheriff’s office, the coroner’s office, and the housing authority. He added that the planning commission, the housing authority, and the parks board need volunteers.

Williams further explained that he has been designated as the county commission liaison for law enforcement issues. He has also been appointed to other positions including the board of the Baptist Road Rural Transportation Authority (BRRTA).

Williams noted, "El Paso County takes the least taxes of the top ten counties along the Front Range. Douglas County gets $503 per citizen whereas El Paso County gets $147." He added, "We may not have the money to do some of the neat things other counties do."

He provided a brief history of the county jail and courthouse. He said the Criminal Justice Center jail is overwhelmed due to population growth in El Paso County. He said, "If you don’t like who is sent to jail, contact your state legislator." Regarding the courthouse, Williams said that over the past decade five judges have been added. Five more will be needed within the next five years. "We are exceeding the fire code requirements when jurors are summoned." He said the county is currently selecting an architect to design the courthouse expansion, which is scheduled for completion in 2004. He outlined several alternatives to be considered.

Williams was critical of the use of county funds to support bus service saying, "These decisions were all made before I got there." He said the subsidy has at times exceeded $1,000 per rider and asked, "Is this the best use of those funds?"

He stressed the importance of county cooperation with other government agencies, including the towns of Palmer Lake and Monument, saying, "We are trying to work with local government up here."

Swanson asked why the board of county commissioners approved the revised, higher density Struthers Ranch sketch plan despite the planning commission’s recommendation for denial. Williams said the vote was very close (3-2). He added that usually the board goes along with the planning commission’s recommendations, however, "The buck rests with the elected officials; however, if the PC says it’s a bad idea, I want to know why."

Swedenburg described BRRTA as a mutation of normal government and asked, "Would you take an initiative to abolish BRRTA and take the road under normal county maintenance?" Williams said he has concerns about the efficacy of BRRTA and intends to fix the problems and make the organization work. He went on to say, "Frankly, county and city developers build roads." Typically, the county takes over responsibility for maintenance. Williams said, "There is a $40 million backlog in road maintenance." Swedenburg suggested, "If you can’t fix the roads, don’t approve development. If you are going to allow development, fix it first. I lost a friend who died on Baptist Road."

Tom O’Malley, who worked for 13 years as a city manager in Michigan, asked about the role of the Tri-Lakes Comprehensive Plan in the commissioners’ deliberations on land use. Williams said, "It is a valuable document. It is something I look at. It is not a waste of time." He added that comprehensive plans are advisory and not determinative.

Courrau described traffic enforcement problems in the Woodmoor area and said, "Sheriff Maketa feels his hands are tied because the board of county commissioners funds the sheriff’s department. I encourage you to support additional funding." Williams said he would talk to the sheriff about options to provide more traffic enforcement in the Woodmoor area.

The audience applauded when Woodmoor resident Ron Yamiolkoski said, "It is not the responsibility of government to make developers whole, to make their projects work. The reality is that we have all made an investment." He added that each community has a quality of life, a character, an image it wants to project. He said, "Wal-Mart is not in keeping with the character of this community." Williams replied, "It is a concern I am aware of. Individual property owners have rights and the surrounding property owners have rights."

Williams closed by saying it is very clear to him that NEPCO is involved with land use issues and wants land use management in northern El Paso County to continue to involve its residents.

Sery asked members what they would like to see at general membership meetings. Yamiolkoski suggested it would be very useful to have past guest speakers return to give updates on topics like water usage and county planning and thus maintain a strategic dialog.

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Portions of this article were based on minutes taken by NEPCO secretary Bob Swedenburg.

The next NEPCO meeting will be held April 5, 9:30 a.m., at the Woodmoor Barn, 1691 Woodmoor Drive, across from Lewis-Palmer Middle School.

For more information about NEPCO, contact Steve Sery at 488-8533 or seryj@earthlink.net.

Commissioner Wayne Williams’ direct phone number is 520-6411. His email address is waynewilliams@elpasoco.com. The county’s website address is www.elpasoco.com.

View photos from the meeting

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Woodmoor Improvement Association February meeting

By Chris Pollard

The Woodmoor Improvement Association (WIA) met only once in February because of snow. Susan Cooley, vice president of the WIA before the recent election, chaired the meeting, Feb. 19.

The only item raised by a visitor was from Gloria Ingram, who had concerns with the new weeds and mowing proposal. In response, the board noted that more than 150 responses had been received by e-mail regarding this issue and that a committee will be formed with representatives from both sides of the issue. John Otino, recently elected to the board, added that he thought the new rules should more clearly address noxious weeds. There were also some concerns over the exact nature of responsibility for the condition of the county easement next to the roads.

In line with requests to better control the time schedule for board meetings, Susan Cooley announced that in the future, visitor comments would be limited to three minutes each at the start of the meeting.

Election of new officials followed. Cooley was unanimously elected the new WIA president. John Otino was elected vice president. Wayne Pinkstaff was assigned to the covenant director’s position. Bonnie Hawkins, the third new board member, was assigned to the Forestry and Common Areas position. All other returning members of the board remained in their positions.

In her president’s report, Cooley noted that in the future, meeting agendas would be published on the Friday before meeting. She also handed out a list of items that had come up on the agenda in previous meetings that might still need to be addressed. Pinkstaff was assigned to run the meetings to investigate the proposed weeds and mowing rules. Further research and work was also slated regarding satellite dishes, fence rules, and the issue of the Walters’ property development in South Woodmoor.

John Haines, director of the architectural control committee (ACC), announced that there were only two new homes approved for the month and no additions. Two more roofing colors had been approved by the ACC, and these may be added to the permanent list by vote at another meeting.

Kevin Nielsen, chief of Woodmoor Public Safety, reported on his meeting with the county sheriff regarding possibly employing county officers to patrol the Woodmoor area. Given that residents are already paying for similar services directly through property taxes and given questions of who would direct their efforts, the matter remained unresolved.

Camilla Mottl, executive director, gave a summary of the responses to the e-mail request for input on the proposed weeds and mowing rules. It was noted that there were more than 150 responses, with 68 people for the new rule and 50 against. The remainder of the responses did not give a direct for or against response but provided comments and suggestions. More than 1,300 people were polled in this survey.

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The next meeting of the WIA board will be March 5. The board normally meets the first and third Wednesday each month, 7 p.m., at the Woodmoor Barn, 1691 Woodmoor Drive. For information, call 488-2694 or visit www.woodmoor.org.

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Oil company discusses initial plans for Mount Herman drilling

By Tim Watkins
Owner, Balanced Rock Bike and Ski

A meeting to discuss the proposed oil drilling lease easement on the area around Mount Herman Road was held Feb. 19 with about thirty people in attendance.

Dyad Oil Company from Midland, Texas, has a lease on several thousand acres of forest service land, and began the process of searching for oil and gas several months ago. The company did find possible geological sites about four miles up the road and has begun the initial process for drilling exploratory wells. The forest service and Dyad is working on the best possible ways to go about this.

Tim Grantham from the U.S. Forest Service spoke to the group about the possibilities and the likelihood of Dyad pursuing the endeavor. There are some arrangements that have begun, but Dyad has not completed all of the required forms at this point. The company will be drilling from the eastern side under Mount Herman into a site on the other side under Limbaugh Canyon.

The meeting was informative, but inconclusive. Community involvement is the next step for concerned citizens. More information can be obtained by contacting the U.S. Forest Service district office in Colorado Springs, 636-1602, and the local trails advocacy group Friends of Monument Preserve through Balanced Rock Bike and Ski, 488-9007.

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Letters to Our Community

BRRTA’s Bait And Switch

At the Baptist Road Rural Transportation Authority (BRRTA) board meeting on Feb. 21, I asked BRRTA to live up to the language of their public meetings and specifically the language of the contract between the Town of Monument and El Paso County. Or, in the alternative, offer a compelling reason as to why they would go back on their word to their constituents.

In required public meetings prior to the election, BRRTA said they were not going to charge any fees until they had a final plat of the improvements to Baptist Road. And in the contract they said, "It is the intention of the parties to this Contract that no fees, charges, or other assessments will be imposed or collected prior to the filing of a final plat." After more than five years of BRRTA, there is no plan for Baptist Road, much less a final plat. Yet, BRRTA has been collecting fees for years. The BRRTA board declined to address this issue.

In these same public meetings, BRRTA said they were not going to take in developed properties. In the contract they said, "It is further the intention of the parties to this Contract that future inclusions of real property will involve parcels similar to the initially included parcels; i.e. vacant lands with development potential that will impact Baptist Road." In the minutes of the Nov. 12, 1999 BRRTA board meeting, after BRRTA’s sales tax proposal had been defeated, Conner Shepherd said, "Callers did not understand or accept the explanation that only areas that were to be developed were included in the Authority boundaries. Some callers felt the boundaries were contrived—gerrymandered precisely so they couldn’t vote. … And some callers were upset that they couldn’t vote though they would be the ones to pay the tax." Yet in 2002, after all of this insistence by BRRTA that they would not take in developed properties, BRRTA annexed the Total Station. Over the objections of the Watt family and their attorney, BRRTA took in the Watt’s family land, including the former Brookhart’s.

BRRTA’s response to this at the Feb. 21 board meeting was given by the same Conner Shepherd. He said they took in these developed properties so they could charge fees if there was any further development of the properties. It should be noted that in a Jan. 19, 2003 story in the Colorado Springs Gazette, Shepherd said, "Watts’ property was annexed to square up the boundaries." Are either of these compelling reasons to go against BRRTA’s repeated public assurances or the language of their contract?

The truth is that BRRTA’s entire argument that they could choose their own voters and vote themselves into power is based on their highly questionable legal theory. They had no developed property in their boundaries; the law required a vote of electors in their boundary; therefore, they were forced to choose a developed property with electors. Of course, they should have drawn their boundaries to include all of the affected voters along Baptist Road, but that would have meant that everyone would have been allowed to vote—even those who opposed BRRTA.

Stephen C. Plank

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Chill

In these troubled times of tragedies, recession, impending war, and other stresses, it breaks my heart to see our lovely community so torn apart by dissenting voices. There is bickering over BRRTA, land ownership around Monument Lake, Wal-Mart, and on and on. Old wounds are festering, as memories of town government recalls bring bitter feelings to the surface. Old feuds erupt, with name-calling, accusations, and worse emerging.

Don’t you think it’s time to come together, putting all this behind us for once and for all? It’s time for a community GROUP HUG! It’ll do our children worlds of good to see us offering one another our hands and hearts in friendship and accord. In these times of strife and greater trouble, can’t we all just get along? The example we will set for our children alone should make our efforts worth the while. Time’s a-wasting, folks. KUMBAYAH! and God Bless.

Ruth Higgins

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Letters from Law Enforcement: Reducing your risk of identity theft

By Joe Kissell, Monument Police Chief

Could you become a victim of identity theft? According to the Attorney General of Colorado, "On a national basis, identity theft is the most frequent type of fraudulent activity reported. In 2002, 2,660 Colorado residents notified the Federal Trade Commission that they were victims of identity theft—more than double the number reported in the prior calendar year."

If you are the victim of identity theft, contact the law enforcement and file a report. In addition to filing the report, you should contact your bank or financial credit card company with the fraud report from the police or sheriff’s department. Contact your creditors and make them aware of the situation. Finally, contact the fraud department of the three major credit bureaus by phone or through the Internet. The three major bureaus are: Equifax, www.equifax.com, (800) 525-6285; Experian, www.experian.com (888) 397-3742; and TransUnion, www.transunion.com (800) 680-7289.

When speaking with each of the credit bureaus, request a "fraud alert" be placed on your file and request that creditors call you before opening any new accounts or making changes to your current accounts and also request a copy of your credit report.

In addition, complaints can be filed with the Federal Trade Commission by phone (877-438-4338) or through the Internet (www.consumer.gov/idtheft ).

To reduce your chances of becoming a victim of identity theft:

  • Protect your checking account number

  • Report lost or stolen checks and credit cards immediately

  • Store new and cancelled checks securely

  • Question suspicious phone inquiries

  • Guard ATM and PIN number information

  • Don’t give financial information over the phone unless you initiated the call

  • Keep items with personal information in a safe place.

  • Shred unnecessary financial documents, charge receipts, copies of credit applications, insurance forms, bank checks and statements, and expired charge cards and credit offers you get in the mail (to thwart a thief who may pick through your trash to capture your personal information)

  • Don’t put outgoing mail in your unprotected residential mailbox—take it to the post office

  • Call a company’s service number if regular bills or statements stop reaching you

  • Report any unauthorized charges that appear on bills or statements

  • Use passwords on your credit card, bank, and phone accounts, but avoid using easily available information like your mother’s maiden name, your date of birth, the last four numbers of your social security number or your phone number, or a series of consecutive numbers

Taking precautionary steps now may prevent you from going through a lot of heartache and frustration later. Be cautious and keep your own best interests in the forefront of your actions.

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Company thanks fire departments for saving employee

View photo of Palmer with the three fire departments

On Jan. 30, R.A.Waffensmith & Co., Inc. President Greg A. Palmer met with three local fire departments at the Palmer Lake Town Hall to thank them for their joint efforts in saving the life of Desiderio "Desi" Sanchez, a Waffensmith employee.

Sanchez was working with the company’s ground crews Jan. 16 on County Line Road pulling new electric cables when he contacted a 7,200-volt line. The Tri-Lakes Fire Protection District (FPD) and Palmer Lake Fire Volunteer Department (VFD) arrived on the scene within four minutes of the call. Tri-Lakes Paramedic Rick Simmons defibrillated Sanchez once, bringing him into a normal cardiac rhythm.

Tri-Lakes FPD, along with a paramedic from the Woodmoor-Monument FPD, transported Sanchez to Penrose Main Hospital. He was admitted and treated for electrical burns to the left hand and right foot. Doctors expect Sanchez will have a full recovery.

Palmer’s gifts to all three responding departments included a donation of $1,000, jackets, shirts, and coffee mugs.

View photo of Palmer with the three fire departments

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High Country Highlights: Its Easy Being Green

By Woody Woodworth
High Country Store

As the drought continues, officials are already predicting that watering restrictions will be stricter than last year. This gloomy forecast may deter home and business owners from investing in grass, trees, and shrubs that would struggle without water. Green Industries of Colorado (GreenCO) wants to get the message across to consumers that two-day-a-week watering is sufficient to maintain your established landscape. Lawns and gardens can easily get by on a leaner diet of water if their owners use efficient irrigation systems, soil supplements, mulches, and plants that require less care.

GreenCO, an alliance of nine landscape-related trade associations, unveiled a consumer-information campaign titled "It’s Easy Being Green" to help people keep landscaping alive during dry times. Among the efforts: creating, along with Colorado State University, a drought-tolerant plant list and promoting water-conserving techniques for irrigating trees and shrubs.

GreenCO said landscaping amounts to just 2 percent of water use in Colorado. But for many water utilities along the Front Range, including Denver Water, outdoor watering—particularly of bluegrass lawns—amounts to at least half of summer water use. GreenCO is active this year in working on uniform watering guidelines that won’t confuse homeowners and commercial property owners, and has retained a California expert on water conservation to advise water utilities.

To maximize the health of Colorado’s built landscapes, and to serve as the "green" advocate for all residents in the state, GreenCO has initiated the long-term water campaign to:

  1. Promote the wide variety of ways in which all landscapes can be designed and maintained to use water more efficiently and remain lovely and healthy.

  2. Demonstrate the significant value of the landscape industry to the economy of Colorado, and the important quality of life benefits that landscapes provide for all communities.

  3. Advocate for fair and productive policies that allocate limited water responsibly, and encourage efficient use of water in Colorado.

Colorado’s "green industries"— the segment associated with flowers, lawns, and landscaping—saw their revenue drop by more than $75 million last year, a direct impact from the state’s water emergency and water restrictions. That $75 million translated into the loss of 15,000 jobs and marks the first time in five years that industry growth has not kept pace with the state’s economy. How does the landscape industry impact Colorado?

  • The landscape industry contributes an estimated $2 billion annually to Colorado’s economy.

  • A 50-foot-by-50-foot lawn produces enough oxygen for a family of four.

  • Eight healthy front lawns have the cooling effect of 70 tons of air conditioning—enough for 16 average-size homes.

  • Homeowners who maintain a healthy lawn increase their property values by 5 percent to 15 percent.

  • Healthy landscapes are essential for cleaning the air and water, preventing erosion, and providing physical, social, cultural, and psychological benefits to urban environments.

People with planting, watering, and preservation questions can find out how "It’s Easy Being Green" by visiting GreenCO’s website at www.greenco.org.

Information for this article was collected with permission from The Garden Centers of Colorado and GreenCO.

Woody Woodworth is an active member of the Historic Monument Merchants and was voted Business Citizen of the Year through the Tri-Lakes Chamber of Commerce. He gives countless hours to the community through his musical endeavors, including an annual Concert In the Park series. Woody is a member of The Garden Centers of Colorado and is active in the green industry. Though his wife, Catherine, and he do not live in the area, their continuing support for the Tri-Lakes community continues to enrich their lives.

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Enjoying our trails responsibly

By Tim Watkins

Owner, Balanced Rock Bike and Ski

The U.S. Forest Service fire center on Mount Herman Road west of Monument has become a focal point of recreation. The area has experienced a dramatic increase in use over the past few years. The effects on the 1,200-acre parcel—such as erosion and other overuse dilemmas—are becoming more obvious. The only trail through the area that the forest service recognizes is No. 715, affectionately called the "stoopid trail" by some mountain bikers for its mischievous preponderance to launch people into the scrub oak or rocks at one point on its twisted and generally rough terrain. The other twenty-plus miles of trails are not recognized as legitimate trails. Because of this, the forest service could choose to close these "trails" if problems increase. I would hate to see this happen, especially considering the forest closure last summer because of fire danger. I had been running around on those twenty-some-odd miles of trails since I was a very small boy. My mother used to work there when it was a tree nursery. So I was lost without access to those trails!

I think lack of consideration is at the root of all trail conflict. I would like to encourage people to be considerate and aware of other users, and of the land. There are a number of precautions people can take:

  • Don’t use the trails when they are wet and muddy, to lessen the chances of the erosion.

  • Stay on the trails. By leaving them and creating other tracks, new problems with plants and soil are created.

  • Don’t use headphones while hiking or running, as it is important to be able to hear what is coming at you. Sometimes you cannot see very far ahead due to shrubbery and trees.

  • Cyclists should yield to hikers and equestrians. It’s a good idea to talk to the riders on horseback; that might be reassuring to a horse, which then might be less likely to hurt itself, its rider, or other people close by.

  • Give cyclists going uphill the right of way.

  • Keep dogs under control so they don’t cause trouble with people or horses.

  • Don’t litter at all, ever! If you use trails, you have an obligation to keep them up.

We are fortunate to have the Friends of Monument Preserve trails group to maintain the trails. We can always use more people to contribute time and effort to reduce the effects of increased trail usage. Beginning in the spring, the group meets the first Tuesday of every month to do trail maintenance. For more information, call Balanced Rock Bike and Ski, 488-9007; or call Tim at home, 488-5729. Let’s work together to keep our wonderful playground nice and friendly.

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AARP offers free income tax filing assistance

AARP volunteers will be available every Monday through Apr. 14 from noon until the last person leaves the Monument Town Hall to answer questions and assist filers in completing their federal and state income tax returns. Filers are asked to bring all forms (W-2, 1099, etc.) needed to complete the returns, as well as a copy of last year’s (2001) tax return. For more information, call Jim Taylor at 488-1317.

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Volunteer income tax assistance comes to Monument

In 2001, nearly 6,000 people from Northern El Paso County qualified for the federal Earned Income Tax Credit (EITC). However, nearly one-third (2,000) of those were not aware they qualified, leaving a total of $3 million unclaimed. This equates to about $1,530 per person or $127.50 per month that could have been used for food, housing, and other basic necessities.

Volunteer Income Tax Assistance (VITA) is a program designed to assist low-income individuals and families with the preparation and filing of their federal and state income tax returns. VITA volunteers will be available to answer questions and assist filers in completing their income tax returns every Thursday through March 28, from noon to 3 p.m. at Tri-Lakes Cares, 146 Jefferson in Monument. Filers are asked to bring all 2002 forms (W-2, 1099, etc.) needed to complete their return, plus a copy of last year’s tax return.

There is an annual income limit of $55,000 for the program. In addition, Schedules C, E, F, or H; and returns that deal with the sale of a home or moving expense, adoption credit, casualty or theft losses, foreign tax credit, or Archer MSA deductions are beyond the scope of the VITA program. Individuals with these more complicated tax returns are advised to seek the services of a paid tax preparer. Military personnel and their families are advised to consult with the trained volunteer at their military installation.

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For more information, call Jim Taylor at 488-1317.

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Between The Covers at the Covered Treasures Bookstore: Bookish Surprises

By Judith Pettibone

Since becoming a bookseller, I’ve been regularly surprised. These bookish surprises have been threefold. The first has to do with the old phrase, More books than time. I used to repeat it to myself in a casual way. Since working here, it has acquired a poignant—no, a desperate—quality. After being gone for three or four days, I am faced with a number of shiny new dust jackets, and my top 10 list of "must reads" seems to shift each week. For a book lover, it is daunting.

Second, there is definitely more bookselling hype than time. Writing, editing, and printing are important but are only the beginning of a book’s life. If real estate’s mantra is "location, location, location," then a book’s mantra is "marketing, marketing, marketing." The sheer volume of materials I receive from publishers is amazing. Just by perusing catalogs, one knows what’s hot in our culture: losing weight, relationships/advice, protecting our investments, and get-rich-quick schemes. There are literally volumes of books in each category!

We receive catalogs of all sizes. Expensive catalogs and those that look like throwaways. We have catalogs from the mega-presses and from obscure ones like Drawn and Quarterly (graphic novels that have become the new comic book), Naval Institute Press (all with a seafaring motif), and The American University in Cairo Press (all things Egyptian and Middle Eastern). We also subscribe to Publisher’s Weekly, a magazine/catalog for booksellers crammed with articles about bookselling, publishing, hot authors, and the latest books.

Finally, there are definitely more "amazing" books published than there is time. This is different from more books to read than time. However, what I might think is unworthy of the page it is printed on, you might beg to differ. That said, I give you my first annual "ATAPI" (Amazed That Anyone Published It) Award nominees for 2003:

From Pomegranate Press

Outhouses by Famous Architects
By Steve Schaecher 64 pages, $17.95

Despite the description that "the preface will leave you in no doubt as to the importance of this completely nonsensical book," I still have my doubts. By the same author is the book Mobile Homes by Famous Architects. Okay…

From Smithsonian Press

I think one must keep in mind that the Smithsonian is "America’s Attic"

Tupperware: The Promise of Plastic in the 1950’s
By Alison Clarke 241 pages, $16.95

Combining social history and pop culture, and 241 pages about Tupperware. There are illustrations.

Pure Ketchup: A History of America’s Condiment
By Andrew Smith 242 pages, $16.95

Combining history and cooking, and 242 pages about ketchup, or catsup, depending on your place of origin. And here I thought that the only recipes that actually used ketchup were meatloaf and barbecue sauce.

Bananas: An American History 
By Virginia Jenkins 210 pages, $16.95

All three of the Smithsonian nominees are a bit over 200 pages and priced exactly the same. I don’t have a clue as to what that means. I probably have a bit more faith in recipes with bananas as their main ingredient than I do for those with ketchup.

Not from Smithsonian

Farley Farts
By Berte Muller, $15.95

There will be an audience for this book in the 5 to 8-year-olds interested in body noises. But why would we encourage this passion when absolutely none is necessary?

Buddhism for Dummies/Migraines for Dummies

Basically anything for "dummies." It was clever and useful in the beginning when these books covered computers. Now is there anything that won’t be dummified?

I rest my case. I believe it would be a Herculean task to find a topic, a subset of a topic, or a sub-subset of a topic that someone has not published in book form. I’m sure it is a very good thing that no one has sought my advice on what is worthy of being added to the body of printed material. If they had, we might not have anything to laugh about when the catalogs arrive, nor fodder for this column.

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Friends of Ben Lomond lead on!

View a photo from a recent adventure

By Sue Buell

The Friends of Ben Lomond (FOBL) is continuing to sponsor adventures to raise funds toward the purchase of the Ben Lomond mountain property just east of Palmer Lake. The type of adventure will depend on the weather, the leader, and the location – hiking, snowshoeing, cross-country skiing, and biking are all possibilities. The fee is $10 per person or $15 if you would like a SAVE BEN LOMOND t-shirt. The first 15 people to register with credit card number either by phone or e-mail to the leader will have secure places for the adventure. A wait list will be started to handle cancellations. No shows will be charged the $10 fee. The schedule will be updated monthly in the OCN and in flyers around town and specifically at the Palmer Lake Post Office and the Chapala Building at 2nd and Washington.

Sat. Mar. 8, 1 p.m., approx. 2 miles, easy/moderate, Fox Run Regional Park. Leader: Barb Linnenbrink 719-481-2571 blinnen@d20.co.edu

Sat. Mar. 15, 10 a.m. approx. 4 miles, moderate, Blodgett Peak Open Space (just south of USAFA). Leader: Sue Buell 719-481-2474 suebuell@earthlink.net

Sat. Apr. 5, 10 a.m., 3-6 miles, moderate/challenging, Ute Valley Park in Rockrimmon. Bike or hike through interesting sandstone formations. Biking leader: Nate Swenson. Hiking leader: Sue Buell 719-481-2474 suebuell@earthlink.net

Tue. Apr. 15, 11 a.m., approx. 3 miles, easy, Black Forest Regional Park – Shoup and Milam. Hike with llamas!! Leader: Sandy Miller 719-481-8138 mrluckystars@aol.com

Sun. Apr. 27, Noon, approx. 2 miles, easy/moderate. National Forest off Mt. Herman Road. Historical hike including Monument Nursery and CCC Camps. Leader: Diane Kokes 719-481-3860 kokesdm@fotf.org

Sat. May 3, 10 a.m., approx. 2 miles, easy, Fountain Valley Regional Park Nature Center. Birders paradise and wetlands. Leader: Joan Buell 719-471-4544 day 719-520-1953 wkend/eve joanbuell@hotmail.com

Sat. May 10, 10 a.m., approx. 12 miles, difficult/challenging. Bike from Palmer Lake Reservoirs NW to old plane crash site. Leaders: Jim and Mary Zalmanek 719-481-2712 mary@adventuresoftheheart.com

Sun. May 18, 1 p.m., approx. 3 miles, moderate/challenging. Mt. Herman from west trailhead (carpool from Monument). Leaders: Frank Bittinger and Keshia Hicks. Contact: Sue Buell 719-481-2474 suebuell@earthlink.net

View a photo from a recent adventure

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National Quilting Day comes to Monument

By Lisa Black

The Palmer Divide Quiltmakers and the Monument Hill Branch Library will celebrate National Quilting Day on Sunday, Mar. 16, at the Monument library. National Quilting Day was established in 1992 through the efforts of the National Quilting Association. It has become an annual event that is celebrated by quilters all over the world. This is the second year in a row that the Palmer Divide Quiltmakers has held an event to celebrate the day.

A fun afternoon of learning about quilting is planned. Members of the guild will demonstrate hand-quilting and hand-piecing for all ages from 1:30 p.m. to 4:30 p.m. In addition, several activities are planned for children. There will be a storyteller at 1:30 p.m. and a class for children to make a "paper quilt" at 2 p.m. A highlight of the afternoon will be a lecture at 2:30 p.m. about antique quilts by the nationally known teacher and lecturer Bobbie Aug. Aug is also a quilt historian and quilt appraiser. She has co-authored six books, and will be available for book signing after the lecture.

Palmer Divide Quiltmakers is a charter group of the National Quilting Association and started in the Tri-Lakes area in 2001. The guild has approximately 65 members who meet once a month at the Church of Woodmoor. The group is devoted to learning more about the art of quilting and to encourage an appreciation of the art by providing educational meetings, sharing ideas and information, and promoting a variety of activities. The guild’s members will have a quilt exhibit at the Monument library March 8-30. The library is located in the Woodmoor Center on Lake Woodmoor Drive.

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Local AARP chapter welcomes all seniors and friends

The local American Association of Retired Persons (AARP) Black Forest Chapter 1100 invites all seniors and friends to their monthly get-togethers on the second Wednesday of each month.

They usually enjoy a noon potluck at the Black Forest Lutheran Church, 12455 Black Forest Road; however, this month, at noon Mar. 12, they will meet at the Country Buffet, 7665 N. Academy Blvd.

Upcoming events:

  • 55 Alive, safe driving class, April 3-4, $10 each.

  • Trip to New Orleans, April 6-14, $649 each.

  • Anti-fraud conference, May 1, free.

For more information, call Edna or Chuck Eaton at 495-2443.

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The Tri-Lakes Center for the Arts announces Spring Class Schedule

By Heidi M. Juell

The Tri-Lakes Center for the Arts spring class schedule is now available, offering classes for adults and children in pottery, stained glass, sculpting, watercolor, pastels, and Artist’s Way.

Professional artists from the Tri-Lakes area teach the classes, which begin in early April. Schedules and registration forms are available on the Web site, www.trilakesarts.com.

The center experienced strong interest and enrollment for the winter classes, which began in January and conclude in March. The center continues to fulfill its mission in the community, which includes teaching the arts.

The Tri-Lakes Center for the Arts is a 501 (c) (3) nonprofit organization with a mission of creating community partnerships for demonstrating, teaching, exhibiting, and promoting the arts. Its vision is to celebrate and share the arts.

The center is located in the historical Kaiser Frazer building at 304 Highway 105 in Palmer Lake. Check the Web site regularly for upcoming performance events, resident artists, classes, and exhibitions. Call (719) 481-0475 for more information.

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The Society Page: John Fielder

View photos from the Palmer Lake Historical Society meeting

By Leon Tenney

The Palmer Lake Historical Society heard from John Fielder, world-renowned author and photographer, on Feb. 20. Fielder is a well-known author of photography books, many of which are about his beloved state of Colorado. The Town Hall of Palmer Lake was packed. Society President Sam DeFelice spent the last half hour before the presentation setting up more chairs for an overflow crowd. There were many new faces, and a number of people signed up as new members of society. Regulars who were introduced included Arnie Lavelett, Jim Sawatzki, Roger Ward, and Anne Shimek—all of them heroes in our local pantheon. One has risen high in the county sheriff’s office, another makes films of local history, another showcases his home because of its historic value to our community, and one carried the Olympic Torch last year through our community. Larry Myer, who did the hard work getting Fielder to come to visit our society, introduced him.

Fielder pulled most of the photographs for this presentation from one of his best-known works, Colorado 1870–2000. Like the book does, he showed them in a here-it-was-then–and–here-it-is-now format. Fielder went to great effort to find the exact place in which W. H. Jackson had taken pictures over 100 years ago. He told us of how he had to line up first the geological features and then find the rock formation that was in the foreground of his predecessor’s picture. Sometimes he could find this spot in minutes, but other times it could take hours or days. At some point, the TV stations wanted to film Fielder in his moment of discovery of these locations, which meant sometimes he had to reenact this moment of discovery.

Altogether, Fielder selected 300 of the old photographs for his effort and spent most of 1998 finding these spots all over Colorado. Further, since he wanted to match the previous photos in as many details as possible, he tried to shoot them at the same time of year as the original. Further, he used the same type of old-fashioned camera that Jackson used. Jackson brought more than 300 pounds of equipment to each location and developed his prints on-site in a mobile darkroom. He would haul the equipment in a special train car, or a converted Civil War army ambulance, or sometimes by horse. Fielder, by comparison, only carried around 65 pounds of equipment, and he took along an assistant on his many arduous climbs up and down valleys. He felt he achieved the exalted status of a "perspective detective" in his many searches for the exact spot. During his many adventures in the Colorado wilderness, he climbed 14,000-foot-high mountains, crossed streams, and contended with traffic on busy highways. Altogether, in his travels crisscrossing Colorado, Fielder said he felt he had traveled a million miles.

In addition to sharing his photographs, Fielder shared his passion for Colorado’s great outdoors. As he traveled, he became very familiar with the majestic vistas, one of which inspired the song, "America the Beautiful." His work brought him to many wonderful and beautiful places, and from this great love, he has become an advocate for maintaining as many of these places in their natural state as nature labored to make them in its millions of years of time.

Fielder shared some of his frustration with the state’s current administration by telling the audience of his time on the board of Great Outdoors Colorado (GOCO). Their greatest achievement was partnering with Douglas County to purchase a conservation easement for 22,000 acres of the Greenland Ranch for $10 million. Fielder lost his position on this board when Governor Owens was elected and criticized the board’s decisions since then.

Next month, on March 20 at 7 p.m., the Palmer Lake Historical Society will present Chuck Pyle, a nationally known country-western singer from Palmer Lake. Those who have chosen not to be part of society will have to pay $5 a head at the door. For members, admission is free.

View photos from the Palmer Lake Historical Society meeting

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HAP’s goals are good health and well being

The Tri-Lakes Health Advocacy Partnership (HAP) recently received its nonprofit 501c3 status from the Internal Revenue Service. HAP was formed in 1996 to identify and respond to the area’s community health and wellness needs and to foster good health and well-being. Partnerships with various agencies were formed in order to meet those goals. In January, HAP co-sponsored the health and wellness fair with the Tri-Lakes Chamber of Commerce.

Under the guidance of a board of directors and the current president, Dale Smith, chief of the Palmer Lake Police Department, HAP has worked with the Colorado Springs Domestic Violence Response Team to form a Tri-Lakes Domestic Violence Prevention Committee. Partners in health issues include Penrose-St. Francis Health Care System, Beth-El College of Nursing, Centura Health, School District 38 and the Little Log Church (a reading literacy program), and the Tri-Lakes Chamber of Commerce. A collaborative agreement between HAP and Penrose-St. Francis supplies this area with a pastoral nurse, Elizabeth Slusser, who provides health education, counseling, and resource referral and advocacy to area residents. Through

Centura Health, HAP provides a monthly foot care clinic for seniors.

The board meets the second Friday of the month. For information, call Marylou Doehrman, 719-481-3282.

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