March 24th Commissioners Meeting

The Fremont County Commissioners Tuesday voted to set a special hearing date in April to reconsider a controversial zone change that was approved last December for 143 acres on the Ron Walker Ranch on the northeast corner of Highway 50 and 'R' Street at Penrose. The decision was in response to an appeal from the East Fremont Alliance, a group of residents in the Top Rail Ranch Estates. The group has submitted statements to the Board of Commissioners asking for a reconsideration of the zone change alleging that Ron Walker misrepresented his plans for the property in the written application to the Planning and Zoning Department.

The East Fremont Alliance argues that after the Commissioners approved Walker's zone change last December 9th, Walker sold the property several days later to the Holcim Company which eventually wants to turn the property into a limestone quarry. The Commissioners say it will be the responsibility of the group to offer proof of their allegations that Walker made false claims about intended use of the property in the application when the fact finding hearing is conducted. The Commissioners set the special hearing date on Wednesday, April 22nd, at 1:00 p.m. (The full text of the statement issued by the Board of Commissioners on Friday, March 20th, regarding this issue appears elsewhere in this News Now web page.)

The board on Tuesday also adopted Driveway Access Regulations that will be used by the Fremont County Road and Bridge Department. Commissioner Larry Lasha praised the efforts of the four district road foremen and County Building Official Mike Cox in drafting the language for driveway accesses. Commissioner Ed Norden said the changes in policy came about to make sure that each foremen was uniformly applying the same regulations on driveway access permits from one end of the county to the other.

Also approved was a resolution establishing a new fee schedule for driveway access permits. The new schedule calls for a $55 charge for a single residence access permit. Commercial access permits would be charged $55 for a vehicle unit with vehicle units being described as eight vehicular trips per day. The fee schedule then includes calculations for the number of trips compared to the square footage of commercial space in question.

The Commissioners conducted a pair of routine public hearings associated with creation of the North Canon Sanitary Sewer Improvement District. One hearing dealt with the formality of accepting the $1.3 million Community Development Block Grant from the Colorado Department of Local Affairs. The other hearing dealt with the formality of permitting construction of the sewer project partially in some flood plain areas.

In other business Tuesday the Commissioners:

• Approved the final resolution adopting conditions for the Southern Delivery System water pipeline project;
• Tabled again at the request of the applicant the Salt Canyon gypsum mine conditional use permit. The board will consider final conditions for the gypsum mine for GCC Rio Grande Inc. located along Highway 115 south of the Fremont-El Paso County line at the board's April 14th meeting;
• Approved a temporary use permit for the Penrose Chamber of Commerce to operate a flea market at the Gooseberry Patch parking lot in Penrose this summer;
• Authorized the chairman's signature on a $5,740 grant to install water and electrical conserving switches and toilets in restrooms in the County Administration Building.

Commissioners Issue Statement on Top Rail Ranch Zoning Controversy

(The following statement was prepared by the Board of Commissioners in response to a written appeal from the East Fremont Alliance requesting that the board reverse the zone change approved in December for the Ron Walker Ranch at Highway 50 & 'R' Street in Penrose):

March 20, 2009

The Board of Commissioners has been petitioned by members of the East Fremont Alliance (EFA) of Penrose and the Commissioners have received numerous phone calls, visits, and letters from individuals in the area of Top Rail Ranch Estates demanding immediate action to reverse the zone change approval of December 9, 2008, for the Ron Walker Ranch. Residents argue that the Board relied on fraudulent statements and claims made by Mr. Walker in his written application that was reviewed by Planning and Zoning staff, the Fremont County Planning Commission, and the Board of Commissioners.

This letter is intended to advise all parties of the status of these complaints and the county's response.

When the issue was first addressed to the Commissioners, residents were told that in order to initiate board action it would be necessary to address the concerns and allegations in writing. That was done so in the EFA letter of March 7th which was hand delivered to the board on March 9th.

The Commissioners directed the Planning and Zoning Department to assemble all materials needed for legal review by the Commissioners and alternate legal counsel John Havens. It was also determined that the Planning and Zoning Department would handle all future communications to make sure documents went to a centralized location.

Planning Department and Board records indicate the following in regards to the December 9th zone change hearing:
Adjacent property owners were notified and the signage was properly placed on the property, notifying interested parties 14 days in advance of the Public Hearing. Notice of the Public Hearing was also as required by law.
No person appeared at or addressed the Commissioners during the Public Hearing on the Walker zone change. The Planning Commission minutes also indicated there had been no opposition during that meeting. Based on Planning Department review of the application, the Planning Commission's unanimous recommendation for approval on November 5, 2008, and testimony during the Public Hearing before the Board of Commissioners, the Commissioners granted the zone change.

The Board believes that these questions were presented in a timely fashion, that the questions have merit, and that there is reasonable justification for us to review the statements made by the applicant on the application form, during testimony before our Planning Commission and during the Public Hearing before the Board of County Commissioners.

Following further review and consultation with Mr. Havens the Board of Commissioners has placed an item on the agenda at the March 24th regular meeting to set this matter for another hearing on April 28th. (the hearing now officially set for 1 p.m. April 22) This would allow time for the hearing to be advertised and publicly posted in accordance with regulations.

At the hearing the Board will consider the allegations and it will be the responsibility of the challengers to support their claim and offer documentation that there were misrepresentations contained in the application or during testimony, as well as introduce new evidence. The applicant will be allowed to refute any allegations made during the hearing, as well as introduce additional evidence.

It is anticipated that at the conclusion of the special hearing the Board of Commissioners will determine whether its December 9, 2008, zone change approval should be rescinded.

Because several people have raised questions regarding other nearby property owned by Holcim Inc. to the east of Top Rail Ranch Estates, it must be clarified that the zone change in question dealt only with the Ron Walker Ranch. That is the only property for which discussion will be allowed at a reconsideration hearing.

Written comments on this matter for the public hearing should be directed to the attention of the Fremont County Planning and Zoning Department. All of these materials are shared with the Board of Commissioners. Previously written comments will be included as part of the hearing's public record.

Census Canvassers Performing Addressing Work

Beginning in late March 2009 the Census Bureau will be sending out address canvassers as a part of early operations. This workforce will walk or drive through neighborhoods in Fremont County and throughout Colorado to check that all addresses are in their database when the Census questionnaire is delivered in March 2010. This early operation is vital to ensuring a complete and accurate count.

Many people don't realize that the Address Canvassing operation occurs as much as a year ahead of the official Census day on April 1, 2010. Address Canvassing is the first large field operation for the 2010 Census and it is designed to identify all housing units and other living quarters. Canvassers will use hand held computers with maps on them to verify and list structures, including the collection of GPS coordinates for each location.

All information collected by Address Canvassers and other Census employees is kept strictly confidential and cannot be shared with any other persons, institutions, or agencies. If you have questions or concerns please contact your local census office. For more information about the 2010 Census visit www.census.gov.

Fire Ban Adopted

At the request of Fremont County Sheriff Jim Beicker, the Fremont County Board of Commissioners this week approved a resolution adopting a fire ban for unincorporated rural areas of Fremont County. With the fire ban, Stage One fire restrictions were put into effect immediately. Sheriff Beicker said that while he recognizes that springtime is a busy time when people want to do a lot of agricultural burning, many parts of the county are extremely dry and at high risk for wild land fire.

Beicker noted that the Deer Mountain Fire District and the Florence Fire Protection District have already enacted fire bans within their own boundaries. The Canon City Fire Protection District has not adopted a fire ban but strictly enforces agricultural and open burning only through a permit system.

Stage One fire restrictions basically prohibit all open burning including agricultural burning and trash. Smoking is prohibited outdoors along with the use of any explosives or fireworks. Charcoal and propane grills are permitted if they are contained. Open campfires are permitted only in established recreation areas and campgrounds. Outdoor welding and grinding is allowed only if fire protection and suppression equipment (water) is nearby.

The complete list of what is prohibited and what is permitted under Stage One fire restrictions is accessible on the home page of www.fremontco.com.

March 10th Commissioners Meeting

The Fremont County Commissioners approved a conditional use permit for a gypsum mine operation at Tuesday's regular meeting. The approval for the Salt Canyon Gypsum Project to be operated by GCC Rio Grande came after another lengthy public hearing before the commissioners. GCC Rio Grande plans to truck 11 loads of gypsum daily from the site 2 1/4 miles south of the Fremont-El Paso County line to their new cement plant at Pueblo.

The site was previously permitted for both gravel and gypsum mining operations but little material was ever removed from the site. Several citizens spoke in opposition to the project saying it would spoil the 'view shed' along Highway 115 which carries all the tourist traffic into Fremont County.

In approving the mine permit on a 2-1 vote the commissioners expressed an interest in designing extra conditions on the gypsum mining operation to limit any negative visual impacts from the highway. Commissioner Ed Norden said when the board considers final action on March 24th he wants revised conditions to include a requirement that no more than ten acres of the 560 acre site be disturbed at any one time. He also said there should be a condition that limits the stacking of a stockpile of gypsum so it is hidden behind the ridges with limited visibility from Highway 115. Other issues to be added to the conditions on March 24th include a requirement for dust suppressant on the haul road, a prohibition of mud getting onto the highway, leaving a large knoll untouched so it can help screen operations, and a prohibition of using 'K' Street or any other county roads when trucks haul from the quarry to Pueblo.

The Commissioners Tuesday also voted to extend the conditional use permit for the Northfield Coal Mine in the Williamsburg area by an additional two years. The permit was originally granted in March, 2007. Angela Bellantoni of Environmental Alternatives, representative for owners Scott Lenhart of Castle Rock and Bob Scott of Virginia, said they've made progress on the mine development but the economic downturn came and they are in a bit of a slowdown for funding of the project. In the meantime, Bellantoni said the mine owners continue to work on the slope and shaft design, miner training plans and securing water to augment the coal mining operation.

In other business the Commissioners:

• Awarded a bid of $81,341 to Cruz Construction of Colorado Springs for construction of guard rail in four locations along County Road 11 (High Park Road). The money comes from a State of Colorado Gaming Impact grant;
• Approved final language changes to conditions for the Southern Delivery System (SDS) Special Review Use Permit. The Commissioners sought clarification in language regarding how Penrose Water District might be able to share the same SDS easement for their own water line and to what extent Colorado Springs Utilities might participate in helping construct stormwater detention ponds to help control flooding north of Highway 50 in the Penrose area;
• Approved a zone change from Ag Forestry to Business Zone for Justin and Juliann Kaiser for 6.5 acres west of Texas Creek near the McCoy Gulch Road;
• Heard an annual report from Jane Mannon of the Cripple Creek and Victor Gold Mine. She reported that 82 Fremont County residents are currently employed at the gold mine and earn an average hourly wage of $23.17.

Fremont Pride '09 Cleanup Campaign

The Fremont Pride '09 Spring Cleanup campaign is kicking off with distribution of free trash vouchers again this year to local residents. Fremont County, the Cities of Canon City and Florence, Twin Enviro Services, RD Recycling, Skyline Steel and Junk Masters are sponsoring the annual cleanup campaign through April 18, 2009. A limited number of free waste disposal vouchers are available from City and County Government Offices.

Residents living inside the city limits of Canon City should go to City Hall at 128 Main Street, to apply for a free voucher. Fremont County residents, which includes anyone residing outside of the cities, may go to the Fremont County Administrative Building at 615 Macon in Canon City to apply for a free voucher. Proof of residency shall be required to obtain a voucher and vouchers are limited to only one per household. Residents of Florence should apply for a free voucher at City Hall at 600 West 3rd Street in Florence. The City of Florence will have a special clean up week throughout the city April 13th through the 18th.

The vouchers allow the free dumping of residential yard waste, trash, and debris for 2 1/2 cubic yards which amounts to a standard pickup load of trash. The free vouchers are redeemable only for dumping at the Twin Enviro Landfill along County Road 67 .....Phantom Canyon Road north of the Fremont County Airport.

Restrictions on the free trash vouchers include:

1. A limit of 1 voucher per physical address (no businesses/landlords with more than one rental unit);
2. The maximum free amount is equivalent to one regular, level load pick up truck bed. Residents will pay for excess amount over 2-1/2 yards;
3. Vouchers expire on April 18, 2009 at 4:00 p.m.;
4. NO COMMERCIAL HAULERS OR CONTRACTORS. NO APPLIANCES & LOADS MUST BE COVERED.

R.D. Recycling at 1501 High Street north of Canon City will again have free collection for old appliances. Residents may take their appliances, including freon-free refrigerators, to R.D. Recycling, Monday through Saturday, from 9:00 a.m. to 3:00 p.m. for free disposal. Brass, aluminum, and copper will be purchased at prevailing rates. R.D. Recycling will purchase automotive batteries for $1 each.

Skyline Steel at 301 South 1st Street in Canon City will purchase appliances, including freon-free refrigerators. Scrap iron, brass, aluminum, and copper will be purchased at prevailing rates. Automotive batteries will be purchased for $1 each. Aluminum cans delivered to Skyline Steel during the week of April 6th through April 10th will receive a bonus of 5 cents per pound. Skyline Steel is open from 8:00 a.m. to 4:30 p.m. Monday through Friday.

Junk Masters will pick up scrap metal, appliances, vehicles, batteries, pipe, wire, machinery, etc., for free. Junk Masters will not accept TV's, wood, tires, furniture, paints or other household chemicals or trash. Call 429-4590 or 289-0592 to arrange for pickup.

NO TIRES OR DEAD ANIMALS WILL BE ACCEPTED AT ANY SITE FOR FREE DISPOSAL.
LIQUID AND HAZARDOUS WASTES ARE PROHIBITED FOR DISPOSAL.

February 24th Commissioners Meeting

The Fremont County Commissioners handled a variety of routine business at their February 24th regular meeting following completion of the two hour review of the Southern Delivery System permit issue.

The Commissioners heard a request from Cotopaxi High School baseball team members Sarah Leatherberry and Cole Whitlow who detailed plans to seek a mini grant from Great Outdoors Colorado to build restroom facilities at the Cotopaxi baseball field. The baseball team is trying to secure a $42,500 GOCO mini grant for the restrooms project. The Commissioners voted to act as the sponsoring agent for the grant application and write a letter of support.

In other routine business conducted by the Commissioners at the February 24th meeting the board:

• Reappointed Harold Serven and Joe Scranton to the Board of Zoning Adjustment;
• Newly appointed Lisa Reid and Diana Armstrong to the Penrose Library Board of Trustees;
• Formally approved the final contract document hiring George Sugars as the Fremont County Manager;
• Formally revoked a conditional use permit for a Holcim Company gravel pit a half mile west of the Holcim Cement Plant on the north side of Highway 120 where reclamation has been underway for some time;
• Approved a two year extension of a special review use permit for Verizon Wireless to erect a wireless tower on the Cornella Brothers storage units property along north 9th Street in Canon City;
• and Approved a two lot minor subdivision for Fred Gifford and Jane Fox-Gifford west of Crawford Drive and MacKenzie Avenue in the Four Mile area east of Canon City.

North Canon Sewer Improvement District Progresses

Fremont Sanitation District officials last week urged residents who live within the boundaries of the newly created North Canon Sewer Improvement District to sign contract documents soon if they have not already done so. Sanitation District Manager George Medaris said the funding is now secured for the $3.3 million project in the form of a $1.3 million Community Development Block Grant and a $2 million loan from the Colorado Water and Power Development Authority. He discussed details of the project at a meeting Thursday evening at Skyline Elementary School.

Medaris said because more than half of the property owners within the district boundaries have signed contracts, the creation of the district by the Fremont County Commissioners last fall means everyone must sign a contract to participate in the funding available. Medaris said "Everybody will connect and remaining property owners must sign". There are 176 residences in the area.

Medaris said the only thing that could possibly stop the project now is if bids come up unexpectedly high. But Medaris said that with current economic conditions and with fuel and steel prices down, they expect very competitive bidding. He said bid documents are now being prepared and he would still like to see the project get started in early June.

Medaris said current estimates are that each property owner would have to pay about $47 monthly to pay off the $2 million 'zero' percent loan over twenty years. That would be in addition to the standard $18.30 monthly sewer fee.

Medaris raised another option that could help reduce the cost to residents. He said Fremont Sanitation District has also applied to the Colorado Water and Power Development Authority for some of the federal stimulus money. Medaris said he wants to caution people not to get their hopes too high but added that he's been told the North Canon Sewer project could be a perfect fit for use of the stimulus money by creating jobs and assisting low income families.

In addition Upper Arkansas Area Council of Governments Executive Director Judy Lohnes announced that there will be additional funding for some low income residents to help them pay for the cost to remove their old septic tanks. The Fremont County Commissioners inquired after last November's public hearing about the availability of other funds. Lohnes said $300 is being offered by the Area Agency on Aging to people who meet both income and age qualifications. Lohnes said residents should call the Council of Governments Office at 275-8350 for information and an application.

Southern Delivery System Permit Approved by Commissioners

The Fremont County Board of Commissioners has voted to approve a special review use permit for Colorado Springs Utilities (CSU) to build a $1.1 billion water pipeline through Fremont County. The unanimous approval of the permit for the Southern Delivery System (SDS) came with a number of conditions and contingencies attached.

Following a four hour public hearing on February 10th the Commissioners spent another 2 hours at their regular meeting February 24th hammering out some of the final conditions and getting input from local entities which requested the additional time. After CSU detailed the homework its officials accomplished over the past two weeks the Commissioners sought reaction from the Beaver Park Water District and the Penrose Water District. The Commissioners indicated that they want to find ways to make sure Colorado Springs continues to negotiate in good faith towards adopting Memorandums of Understanding with both agencies. Commissioner Ed Norden said however, that many of the water issues being discussed among the parties cannot be written into the conditions tied to the pipeline.

In his motion to approve the permit Norden said he wanted a condition added that would permit the Penrose Water District to construct its own water pipeline in the same SDS easement from the Arkansas River if an agreement cannot be reached to have water belonging to Penrose Water District delivered through the SDS pipeline. The Commissioners also asked that another condition be drawn for consideration on March 10th that CSU provide excavated soil and perhaps construction assistance towards the future building of some stormwater detention ponds between their pipeline easement and Highway 50.

Among conditions listed by the Commissioners in the two week period since the public hearing were:

• To provide documentation of CSU's commitment to improve Florence's River Park;
• Install fire hydrants along the pipeline according to recommendations from the BLM, Sheriff, State Forest Service, and Penrose Fire Department;
• Make sure an updated Environmental Impact Statement is in place if the Highway 115 route becomes the preferred alternative with the Bureau of Reclamation;
• Consult with water rights owners on the Lester-Attebery ditch regarding final design of the river diversion;
• To negotiate in good faith with Beaver Park and Penrose Water Districts towards the goal of assuring residents of Penrose that there will be no interruption to domestic and ag water supplies and design the system with compatibility with future modifications of their systems.

A list of the conditions can be inspected at a link on the main web page of Fremont County's web site at www.fremontco.com. However that document is not complete because a separate comprehensive list of commitments made by CSU was also adopted as part of the conditions. Once final action is taken on the resolution March 10th by the Commissioners the entire list of conditions will be published on the website.

After the discussion and a motion was offered to approve the SDS through Fremont County, Commission Chairman Mike Stiehl said "This has taken a turn for the better in my estimation. I feel comfortable that we've identified and for the most part addressed the conditions that have concerned people the most."

Fremont County's Highway 115 route for SDS would cost at least $150 million more than the preferred alternative of piping the water from Pueblo Reservoir, but Springs Utilities officials now have the option to abandon their preferred option if they decide Pueblo County's conditions are too restrictive.