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Copper Gulch Residents Raise Trash Complaints

An example of unfinished construction in western Fremont County that leaves a blight on some mountain neighborhoods. Fremont County secured a court order five years ago to clean up this property. Even then the owner would not comply. When the property went to tax sale the county worked with the new owner to clean up the entire property.

Dressed in red shirts in a display of unity, residents of the Copper Gulch area southwest of Cañon City on Tuesday again voiced their concerns that they are upset with trash filled properties and the proliferation of marijuana grow sites throughout their area.   John Garrou charged that the county has done nothing in hopes that if the county ignores them long enough they will go away.   Garrou is particularly upset about properties that may have secured building permits, started construction, but walked away and abandoned the property.   Garrou said those properties are the responsibility of the county zoning and building departments.

Rich Bandlow said he and his neighbors are upset everyday that they drive past the trash filled properties that aren’t addressed and wonder how they came to be living up there.   Bandlow said that when the “dopers’ moved in two years ago the problems got worse with the marijuana grow sites.  Bandlow said the residents are simply asking for the county to work with them to resolve the problems.

Commission Chairman Ed Norden said the problems are not unique to the Copper Gulch area.   He said the county’s code enforcement officers deal with similar problems around Penrose, Florence, and Cañon City adding that neighboring counties are dealing with the same issues.   Norden said he has to look at the problem from a budgetary standpoint.  He said given the budget cuts the county made during the recession he would have a problem hiring more code enforcement officers and another attorney to pursue all these matters in court when roads across the county continue to be substandard.   Norden said there has to be a median somewhere between enforcement, spending, and getting people to take pride in their own property.

District 2 Commissioner Debbie Bell said she agrees that the properties need to be cleaned up.   Bell said however that she believes in personal property rights and the county must follow due process of law in forcing property owners to comply and clean up their properties.   Bell and Norden said the county will continue to meet with staff to monitor progress on cleaning up problem sites across the county.

The commissioners on Tuesday also voted to approve a zone change for MountainDale Campground along Barrett Road located just south of the Fremont-El Paso County line.   Brian Emry was seeking the zone change from Ag Forestry to Travel Trailer Park and Campground zone in order to pursue expansion of the MountainDale Campground.     A number of neighbors along Barrett Road protested the zone change citing concerns about the threat of wildfire from campfires, drainage issues, increased traffic, depressed property values, and trespassing on private property by campers.    Several said the trespass problems already exist and will only get worse.

Emry said he has worked to resolve specific cases of trespass that came to his attention and has an employee who is vigilant about checking on campfires late at night to make sure campfires have been extinguished.   Emry also said he has an approved fire plan and 30,000 gallons of water storage, in addition to water on trucks and trailers.

In approving the zone change the Board of Commissioners noted that the MountainDale Campground has existed along Barrett Road since 1943 long before many of the residents built homes on neighboring property.   Chairman Norden said for that reason he believes the neighbors' concerns about lower property values are unfounded.

In other business at Tuesday’s regular board meeting the commissioners:

  • Adopted a proclamation declaring March 10th as National Women and Girls HIV/AIDS Awareness Day;
  • Approved a resolution terminating a conditional use permit for the AZCO gravel pit which earlier ceased operations;
  • Approved a waiver for an annexation impact report for property owned by Sam and Dawn Smith who want to annex their property into the City of Cañon City.

River Levee Reconstruction Underway

Whinnery Construction of Lake City has rerouted the flow of the Arkansas River west of the Raynolds Avenue Bridge as levee reconstruction is underway. A block wall along the flood control dike was undermined during flooding and runoff last May and June. The $147,000 project should be completed within several weeks. The Federal Emergency Management Agency will reimburse Fremont County for 75% of the cost.

Commissioners Approve Amended Plan for Accessory Dwelling Units

The Fremont County Board of Commissioners gave final approval to an amended plan to allow Accessory Dwelling Units (ADU’s) in Fremont County at Tuesday’s regular meeting.    The ADU proposal was tabled from the November 24th meeting following opposition voiced by the Penrose Water District and the Beaver Park Water District.    Both argued that allowing ADU’s would increase density and create more demand for water which Penrose is not in the position to provide.

To address that problem the commissioners opted to amend the ADU proposal by doing away with a countywide overlay zone.  Instead the county will rely on a permitting process whereby a water provider such as the Penrose Water District could deny water service for Accessory Dwelling Units.   Penrose Water has already indicated they would require a second water tap for such ADU’s instead of connecting to the existing water line.

Commission Chairman Ed Norden said the ADU zoning amendment still requires a minimum lot size of one acre for ADU’s, that the property owner live in one of the residences, that the ADU have a separate entrance, that utilities be shared with the main residence, and that the primary residence be built on the property before the ADU.

District 2 Commissioner Debbie Bell said despite the continued opposition from the Penrose Water District the ADU proposal had a lot of support when it was first proposed last fall as a way to deal with the existing housing shortage in Fremont County.   District 1 Commissioner Tim Payne said there was also support from people who wanted to add on a so-called ‘mother-in-law’ cottage to house aging parents or their adult children who might not be able to afford other housing options.

The ADU amendment goes into force with adoption by the commissioners.    Persons wanting to add an ADU on their property must initiate an application process through the Fremont County Office of Planning and Zoning.

The commissioners on Tuesday also voted to approve the purchase of 20 Chevy Tahoes as part of the sweeping replacement of vehicles at the Fremont County Sheriff’s Department.   Replacement of the Sheriff’s high mileage fleet of cars was among the priorities listed when voters approved a one cent sales tax increase for the Sheriff two years ago.    County Finance Director Sunny Bryant said the fleet purchase is being accomplished through a lease-purchase arrangement in the amount of $1.2 million through U.S. Bancorp.    Bryant said after this initial 20 vehicle purchase the Sheriff proposes to rotate out about four vehicles each year in the future.

In other business at the February 9th board meeting the commissioners:

  • Heard the Fremont County Tourism Council’s annual report from FCTC Chairman Steve Kaverman;
  • Approved leases with Skip Moreau and Jason Dawson for skydiving landing zones at the Fremont County Airport;
  • Scheduled a public hearing for Tuesday, February 23rd at 10:00 a.m. on a zone change request from Ag Forestry Zone to Travel Trailer Park and Campground zone for the Mountaindale Campground along Barrett Road near the Fremont-El Paso County line.   Mountaindale wants to expand to allow 26 new RV sites and convert existing cabins to other uses.    The campground has operated for decades along Barrett Road as a non-conforming use within the Ag-Forestry zone.

Commissioners Set to Decide on Accessory Dwelling Units

The Fremont County Board of Commissioners are set to make a decision at their Tuesday meeting on whether to permit Accessory Dwelling Units (ADU’s) on properties in the county.   The Commissioners tabled the issue at their November 24th meeting last fall after hearing opposition from the Penrose area.  The ADU proposal came forward as a way to provide alternative and affordable housing if property owners have large enough lots to construct living space adjacent to their primary residence.

The Penrose Water District and Beaver Park Water opposed the ADU amendment saying their districts do not have enough water to support an increase in density.   The amendment that comes back before the Commissioners at Tuesday morning’s meeting will hopefully resolve that issue.  The amended language requires the property owner to show “Written proof from the appropriate entity or service provider that water and sewer/septic services are adequate for all uses on the parcel.”   Because some Penrose residents may have their own water wells it would permit them to pursue an ADU while Penrose Water District customers would have to get written approval from the district to proceed.

The rest of the amendment would still permit two residences on a single parcel that is a minimum of one acre in size.   The ADU could be no larger than 1,000 square feet, have no more than two bedrooms, and only one bathroom.   The ADU’s would share utilities with the primary residence.   The property owner would also be required to reside in one of the residences.  Over the years county officials have heard requests from property owners who wanted to construct living space next to their primary residence so that might care for aging parents or provide space for other family members.

The ADU amendment is on the agenda for reconsideration at the Board of Commissioners meeting at 9:30 a.m. Tuesday, February 9th, at the Fremont County Administration Building.

Town Hall Meeting set in Howard

The Fremont County Board of Commissioners will return to Howard this Thursday evening to host another town hall meeting discussing a wide range of topics.    The Commissioners summoned a town hall meeting last November in Howard to discuss the future of the Western Fremont County Park.   The park is in the Acres of Ireland subdivision.   District 3 County Commissioner Ed Norden said a renewed commitment of volunteer work is needed to keep the park in operation.   An interim volunteer committee stepped forward in November with a pledge to recruit a permanent committee to work with the county.

Norden said he specifically wants to discuss steps that need to be taken this spring to make the park more inviting for families around a children’s playground and picnic shelter.   The park has been plagued with overgrowth of puncture vine which has limited the park’s usefulness.   Norden said Fremont County Weed Coordinator Jana Rapetti will attend to discuss chemical control options for the weeds this summer.   He also wants to hear how the volunteers plan to keep the park mowed through the summer months.

At the November meeting Howard residents asked the commissioners to return this winter for another town hall discussion and expand the topics to include county roads and law enforcement.   To that end, Norden said Fremont County Sheriff Jim Beicker will be in attendance along with supervisors from the Fremont County Department of Transportation.   Norden said Commissioner Debbie Bell and Assistant County Manager Sunny Bryant will also take part in the town hall meeting.

The meeting begins at 6 p.m. this Thursday, February 4th at the Howard Volunteer Fire Department.

Commissioners OK Service Plan for Proposed Fire District

The Fremont County Board of Commissioners gave their blessing at their January 26th regular meeting for the Tallahassee Volunteer Fire Department to move forward with their proposal to ask voters to create a new fire district in northwest Fremont County.   The Commissioners’ approval of the service plan came after a nearly 90 minute public hearing in which organizers detailed their proposal while several opponents questioned how emergency services will be delivered.

Colorado law requires that when a new special district is proposed a service plan has to be presented to the Board of County Commissioners for their approval.   Tallahassee Volunteer Fire Chief Gordon Grosslight and Attorney Mike Meyrick detailed the proposal at the hearing.   The plan proposes that the new district would cover a service area across much of northwest Fremont County on either side of Colorado Highway 9 including the Tallahassee area and the Deer Park area towards the Teller County line.

Grosslight said contrary to rumors the new district intends to respond to fight structure fires in addition to wild fires.   He also said volunteers will respond to render medical first aid to patients until an ambulance can arrive on scene.   He said establishing ambulance service would be a long term goal for at least five years into the future.   Grosslight said initially the new fire district would not assess a property tax mill levy but continue to rely on contributions and fees for service.

Several residents expressed doubt about how creation of a fire district would improve service to such a vast rural area and criticized past responses.   Roberta Herring was one of several residents who said they were threatened by a volunteer that if they didn’t pay their dues and they had a fire their house would simply burn down.   Volunteer firefighter Jerry Worthley said he’s seen nothing but dedication from the firefighters and never has there been an implication that they wouldn’t respond to everyone’s home.

Grosslight said among the incentives to form a legal fire district is to possibly lower insurance costs for residents in the area as well as qualify the department to receive various grants to improve equipment and services.   While several residents had requested that their property be excluded from the new fire district, Meyrick said that would pose a problem for firefighters because a fire on those properties that would not prompt a fire department response could quickly spread to adjoining properties and cause bigger problems.

The Board of Commissioners approved the Tallahassee Fire District service plan as proposed and did not exclude any of the properties.   The next step for organizers is to take their plan to the District Court.   If the judge approves the service plan an election date would be set in which property owners within the proposed boundaries would have the final say on whether to create the new Tallahassee Fire District.

Another lengthy public hearing at the January 26th meeting saw the Board of Commissioners approve a Special Review Use Permit for Jennice Fagin to sell a commercial hay product to customers from her ranch property at 3rd and ‘I’ Streets in Penrose.   Neighbors had filed complaints over a year ago about the impacts to the neighborhood from semi-trucks delivering the pallets of hay to Fagin’s property while parked on the county road with a forklift unloading the pallets on the roadway.    Fagin contended that her sale of the hay should be treated the same as anyone else in the Penrose area who sells agricultural products.

The Commissioners approved the permit with the requirement that Fagin improve the driveway on her farmyard to allow the semi-trucks to pull onto her property to unload the pallets.   The Board said those improvements must be made before the next load of hay is delivered.   The Commissioners also urged Fagin and her neighbors to get along and did not want to hear any reports of retaliation.

In other business at the January 26th Commissioners meeting the Board:

  • Approved a resolution honoring Fremont County Clerk and Recorder’s Office Recording Director Susan Justus for her exemplary work over more than 36 years as she prepares to retire;
  • Appointed Bill Edwardson and Annette Ortega to new three year terms on the Fremont County Weed Advisory Board and appointed John Sandefur to fill one year of an unexpired term on the Board;
  • Approved an annual contract with the Fremont County Humane Society to impound stray dogs and cats from unincorporated areas at a fee of $34,167 from the Sheriff’s budget;
  • Heard an annual report from Mike Madone of the Fremont County Heritage Commission who detailed the number of buildings being added to the county’s historical building registry;
  • Approved modifications to the Fremont County Airport’s Rules and Regulations and the security plan;
  • Approved a $58,227 expenditure to replace fire sprinkler heads in the front section of the Fremont County Jail which date back to the jail’s opening in 1988.   Vandal proof sprinkler heads will also be installed in the two pods of the newest section of the jail.

Planning Commission to Consider Campground Zone Change

The Fremont County Planning Commission will hear a request for a zone change near the Fremont-El Paso County line at their February 2nd meeting that would allow an existing campground to expand its’ facilities.  Brian Emry wants to add 26 new RV sites and convert existing cabins to other uses such as laundry facilities, bathhouses, and recreation rooms for the Mountaindale Campground along Barrett Road.    Emry has applied for a zone change from Agricultural Forestry Zone to a Travel Trailer Park & Campground Zone.

The existing campground is considered a non-conforming use in the Agricultural Zone because it has been in existence since 1943 which predated zoning regulations.   Mountaindale Campground currently has 88 existing RV sites and 7 cabins.   To expand the campground facilities under current regulations Emry must pursue a zone change.   Emry also is proposing to add a swimming pool and maintenance building to the expanded campground facilities.   The campground site is on 45 acres on the north side of Barrett Road just south of the El Paso County line.

The zone change request for MountainDale Campground is the only agenda item for the Fremont County Planning Commission which will meet at 3:00 p.m. on Tuesday, February 2nd, in the Board of Commissioners meeting room on the lower level of the Fremont County Administration Building in Cañon City.

Tourism Council Awards Community Grants

The Fremont County Tourism Council will distribute $8,000 in community grants in 2016 to help promote events and festivals in Fremont County.   The grants will be distributed to thirteen different organizations whose events are intended to attract more overnight visitors to the Royal Gorge region.   The Tourism Council received 28 applications seeking promotional funding assistance.   The grant recipients and their events include:

  • Cañon City Recreation and Park District’s Royal Gorge Whitewater Festival ---$750
  • City of Florence 4th of July Wet N’ Dry Parade---$500
  • Florence Art Council’s Paint the Town---$750
  • Florence Chamber of Commerce Pioneer Day & Junktique Craft Fair---$750
  • Florence Community Project Office Barn Dance & Pie Auction---$450
  • Florence Merchants Car Show---$750
  • Florence Pioneer Museum’s Tour de Coal Towns---$300
  • Fremont Adventure Recreation’s Bikes & Brews---$750
  • Fremont Community Foundation’s Flashback on Main Street---$750
  • Fremont County Heritage Commission’s Annual Heritage Festival---$750
  • OSIA Royal Gorge Lodge’s Italian Festival---$500
  • Penrose Chamber of Commerce Apple Day---$500
  • Starpoint Foundation’s Run to the Rim 10K & 5K Races---$500

The money distributed comes from the two percent lodging tax collected from overnight stays at Fremont County motels, hotels, and campgrounds.    Fremont County has already collected a record $173,000 in lodging tax revenues through October of 2015 with revenues still to be tallied for the final two months.   The record lodging tax revenue is a reflection of the continued tourism recovery following the 2013 Royal Gorge wildfire.   The previous peak year for lodging tax revenues was in 2007 with $162,000.

Tourism Council by-laws require that a minimum of five percent of lodging tax revenues be distributed annually to community groups to help them promote their events.

Board of Commissioners Reorganize for New Year

The Fremont County Board of Commissioners whisked through a three page agenda in less than an hour quickly disposing of routine business items as part of the annual reorganizational meeting.   The Board chose to leave the leadership positions the same for another year.   District 2 Commissioner Debbie Bell made that recommendation suggesting that District 3 Commissioner Ed Norden serve another year as chairman during his final year in office.    Commissioner Bell will then serve another year as Vice Chairman.   District 1 Commissioner Tim Payne will continue in his role as Chairman of the Fremont County Board of Social Services.  The Board also reappointed Brenda Jackson to serve another year as the County Attorney.

Members of Cañon City’s 1st United Methodist Church and Pastor Eric Feuerstein were in attendance as the Board of Commissioners adopted a proclamation declaring 2016 as a Year of Celebration for the 150th Year of Ministry for 1st United Methodist.   The proclamation noted that the church had its’ humble beginnings in 1860 in an unfinished log cabin and then became the first permanently established church south of Denver when it was dedicated in 1866.

1st United Methodist Church of Canon City Pastor Eric Feuerstein is flanked by the Board of Commissioners as they hold a banner celebrating the church's 150th anniversary in 2016.

The Board of Commissioners awarded a bid to Colorado Crushing to perform rock and gravel crushing in the county’s Cottonwood gravel pit along County Road 2 in the Tallahassee area northwest of Cañon City.   Colorado Crushing will crush 20,000 tons of aggregate at a cost of $3.50 a ton.    Department of Transportation Director Tony Adamic said it’s been a number of years since any crushing was done in the pit and in recent years county road crews performed their own screening operations in the pit to get materials.

The Commissioners also voted at their January 12th meeting to extend the exploration permit for the Dawson Gold Project southwest of Cañon City by another three years to February 26, 2019.   Dr. Angela Bellantoni said the additional three years will give Zephyr Gold time to do more exploration and determine if they want to pursue a mining permit for the project along the south side of Temple Canyon Road on a BLM claim.

Fremont County Commission Chairman Ed Norden also announced that a public hearing scheduled on January 12th on a service plan for a proposed Tallahassee Fire Protection District northwest of Cañon City was being postponed by two weeks.   Norden said additional time was needed for public notice after changes were required to the legal descriptions of the proposed boundaries for the new fire district.    The Board rescheduled the public hearing for 10 a.m. at the January 26th commissioners’ meeting.

In other business at the January 12th meeting the Commissioners:

  • Set a public hearing for January 26th at 10 a.m. for a Special Review Use Permit for Jennice Fagin to operate a commercial feed store on her property in Penrose within an “Agricultural Rural” Zone district;
  • Designated the Cañon City Daily Record and Florence Citizen as the county’s official newspapers for 2016;
  • Designated the 2nd and 4th Tuesdays of each month at 9:30 a.m. as the regularly scheduled meeting times for the Board;
  • Designated the bulletin board outside the commissioners’ office and the bulletin board outside the south entrance of the building as official public notice posting places;
  • Approved another two year temporary cessation for Holcim US Inc’s Ranchland Rock Pit #1;
  • Approved the transfer of a Conditional Use Permit for Front Range Aggregate’s Parkdale Aggregate pit to Martin Marietta which recently acquired Front Range;
  • Newly appointed Krysten Econome and reappointed Beth Katchmar and John Miller to three year terms on the Fremont County Tourism Council;
  • Appointed Mark Masar of Penrose to fill an unexpired term on the Fremont County Planning Commission for the Penrose area seat;
  • Amended the Fremont County Personnel Policies Manual regarding temporary full time employees and the health insurance policy language to come into compliance with the federal Affordable Care Act.

Phantom Canyon Reopens

This is one location in the lower end of Phantom Canyon where road crews hauled thousands of cubic yards of fill material to repair a washout. The road in this section of Phantom Canyon is now in the best shape it's been in years.

Phantom Canyon Road in Fremont County which was closed last May following severe flooding has been reopened.   Crews with the Fremont County Department of Transportation (FCDOT) spent six weeks doing extensive excavation work to repair the many washouts.   FCDOT Director Tony Adamic said his crews hauled an estimated 18,000 cubic yards of rock and materials to repair the washouts.   Adamic said there were 18 different sites in the canyon which needed repairs.

Fremont County Commission Chairman Ed Norden praised the work done by the crews saying that the repairs have greatly improved travel for motorists over the lower end of Phantom Canyon where most of the flooding damage occurred.   Adamic said while the road was shut down for those six weeks it afforded crews to make other needed repairs to edges of the creek bank that had been eroding for several years.

Norden urged motorists to drive up Phantom Canyon and get a first-hand look.   He said repairs to the washouts have actually left the road wider in several spots which should hold up better during future high water events.   Final costs of the project are still being tabulated but Adamic said because the Bureau of Land Management allowed the county to excavate the road and fill material from within the canyon it should have reduced transportation costs for the repairs by about $200,000.

This location in Phantom Canyon reflects the worst of the 18 washouts that took place in the May, 2015 flooding.

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