Opinion
This page outlines the position that the MonumentMatters.org advisory board has taken on various topics affecting the residents of the Town of Monument. If a rebuttal from an authorized representative of the opposing position is offered, it will be included for balance provided it focuses on the topic at hand and does not misrepresent facts.



Topics:



Opinion: Triview Board Election - Tue., May 6th, 2008 Marks A Time For Change
» 2008/04/26: Position Piece

April 26, 2006
By: MonumentMatters.org

Triview Board Election
Creekside Middle School
Tuesday, May 6th - 7:00am to 7:00pm

The following are Homestead at Jackson Creek residents who have committed to run for the Triview Board. They are in agreement on the need for fundamental change at Triview and will fight to protect the interests of all Jackson Creek residents.

Please vote for:
Steve Cox
Steve Remington
Robert Fisher

YOUR VOTE IS CRITICAL.
Please Make Time To Vote On May 6!

Who is eligible to vote? Anyone who has lived in the District for at least thirty (30) days. Anyone who owns or is married to someone who owns taxed property in the District. Anyone who is required by contract to pay personal property taxes to the District. You do not have to be a registered voter in Colorado or a legal resident of Colorado. Bring proof of residency in the District (Triview water/sewer bill) or an El Paso County Tax Statement showing taxation by the District.




Triview District Manager Resigns After Pushing Through Tax Increase
» 2007/12/17: Position Piece

December 17, 2007
By: MonumentMatters.org

On Wednesday, December 12th, 2007, less than 24 hours after pushing through a 40% increase in the district's Mill Levy, Larry Bishop resigned as District Manager for the Triview Metropolitan District. Mr. Bishop's resignation coupled with DOLA's denial of a loan due to Triview's inability to meet existing debt requirements and the resignation of two Board members in the last quarter raises a lot of questions about what is going on at Triview and its management.




Triview Metro District Board Approves 40% Mill Levy Increase For 2008
» 2007/12/11: Position Piece

December 11, 2007
By: MonumentMatters.org

We have been informed that the Triview Metro District Board voted to increase the 2008 Mill Levy from 25 mills to 35 mills (a 40% property tax increase) at its December 2007 Board Meeting. It was claimed that the increase is necessary in order to meet existing debt obligations.

Curiously enough, this major tax increase comes right on the heels of the defeat of all four Ballot Issues in which Triview sought to increase debt by a total of $40 Million backed by promises that "taxes would not be increased". However, logic would stipulate that if Triview cannot pay its existing debt without raising taxes, then increasing that debt would have required an even greater tax increase. Therefore, rejecting the Ballot Issues was indeed the wise choice.

    The following was printed in the Sat., Dec. 1, 2007 issue of Our Community News in an article written by Jim Kendrick titled "Triview board raises rates; faces financial challenges" regarding the Triview Metro District Nov. 27th Board Meeting:

    Bishop (Triview Metro District Manager Larry Bishop) said the loan application for an additional $2 million from DOLA for the increased costs of the wastewater treatment facility had been rejected. Bishop said that the district's draft credit report from DOLA indicated that the district did not have the money to pay back the loan, due to the downturn in the real estate market and lack of expected tap fees. Currently, all mill levy revenues must be applied to repaying bonds issued by the district in 2003 and 2006.

    And yet Triview expected home owners to trust that they could re-pay an additional $41 Million in debt "without raising taxes?"

And don't fall for any argument that the most recent Ballot Issues would have alleviated the need for a tax increase by allowing more revenue to be retained through the De-TABOR clause because the following Ballot Issue that was approved by voters on November 7th, 2007 provided De-TABOR authorization from January 1, 2007 through December 31, 2017:
    COMMENCING JANUARY 1, 2007 THROUGH DECEMBER 31, 2017, SHALL TRIVIEW METROPOLITAN DISTRICT (WITHOUT INCREASING TAX RATES OR IMPOSING A NEW TAX) BE AUTHORIZED, FOR THE PRINCIPAL PURPOSE OF PAYING DOWN THE DISTRICT'S DEBT SOONER, TO COLLECT, RETAIN AND SPEND AS A VOTER APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION AND REGARDLESS OF THE PROVISIONS OF ANY OTHER LAW, INCLUDING WITHOUT LIMITATION THE 5.5% PROPERTY TAX REVENUE LIMIT OF 29-1-301, C.R.S.

    1. ALL REVENUES ACCOUNTED FOR IN THE DISTRICT'S GENERAL FUND SUCH AS PROPERTY TAXES, SPECIFIC OWNERSHIP TAXES, SALES TAXES, PROPERTY TAXES AND OTHER REVENUES RECEIVED FROM THE TOWN OF MONUMENT, IMPACT FEES, GRANT REVENUES, AND INVESTMENT INCOME, AND

    2. IN ANY YEAR IN WHICH THE DISTRICT'S WATER AND SEWER UTILITY DOES NOT QUALIFY AS AN ENTERPRISE, REVENUES ACCOUNTED FOR IN THE ENTERPRISE FUND, SUCH AS WATER AND SEWER USER FEES, TAP FEES, INCLUSION FEES, WATER REUSE FEES, GRANTS, AND INVESTMENT INCOME?

    Note that the actual term of the De-TABOR period is 11 years (2007 through 2017, inclusive) not the 10 years that was stated in Triview's press and TABOR statements. In addition, the Ballot Issue also specifically includes the wording "(WITHOUT INCREASING TAX RATES OR IMPOSING A NEW TAX)" yet Triview is raising the property tax (mill levy) rate barely one year after approval.

    That wording would seem to imply that, in exchange for approving the De-TABOR authorization, tax rates cannot increase nor can any new taxes be imposed during the 11 year De-TABOR period. If indeed the case, Triview is violating the legal commitments in its own Ballot Issue, not just breaking its commitment or promise.

The only way the increased debt sought by the latest Ballot Issues could have been paid for is either through an even larger mill levy (property tax) increase or by using borrowed funds to service debt in hopes an increase in future revenues might be available to restore the principal (the old rob Peter to pay Paul financial management scheme).

Impact of the increased Mill Levy on an average home owner:

Appraised
Value
Assessed
Value
25 mills
(2007)
35 mills
(2008)
Increase
$300,000 $23,876 $596.91 $835.68 $238.77


Another argument that will probably be made is that the new Mill Levy is not excessive when compared to other Metro Districts in the area.

Tri-Lakes Area Metro & Water/Sanitation
District
Name
Mill Levy
(2007)
Mill Levy
(2008)
Assessed
(2007)
Academy W&SD 27.613 27.6131 $6,681,260
Donala W&SD 16.296 16.2961 $62,997,000
Forest Vw Acres WD 5.000 5.0001 $9,348,200
Monument - SD
Monument - Town
3.200
6.458
3.2001
6.289
$34,343,580
$75,753,500
Palmer Lake - SD
Palmer Lake - Town
0.000
16.544
0.0001
16.5441
$21,158,700
$24,679,970
Red Rocks WD 14.135 14.1351 $1,926,710
Triview MD 25.000 35.000 $33,151,360
Woodmoor W&SD 8.500 8.5001 $90,317,060
Pikes Peak Area MDs With Higher Mill Levies
District
Name
Mill Levy
(2007)
Mill Levy
(2008)
Assessed
(2007)
Banning Lewis Ranch #2 40.000 40.0001 $615,210
Flying Horse #2 35.000 35.0001 $6,875,750
Flying Horse #3 35.000 35.0001 $2,267,370
Gold Mesa #2 35.000 35.0001 $384,050
Pinon Pines #1 44.097 44.0971 $32,370
Pinon Pines #2 44.097 44.0971 $321,080
Pinon Pines #3 44.097 44.0971 $123,800
1 2007 rate assumed until 2008 rate confirmed

However, as the previous table reveals, it is predominantly NEW Metro Districts with a higher Mill Levy. New districts which have significantly lower assessed valuations and are still in the early stages of initial infrastructure construction.

By contrast, Triview is a 20+ year old district with 10+ years of development and infrastructure in place. A district which is already significantly in debt yet hoped to dig it way out of debt by expanding into major new development projects, projects which would more than double the existing residential base upon completion. New development projects that require significant capital expenditure despite Triview having already reached its authorized debt limit of $50 Million.

And then the housing market slowed, further complicating an already flawed plan.

It is obvious that Triview Board and staff need new leadership. It cannot be allowed to continue to operate this irresponsibly.

So what can you do...     Protest!

Call, E-Mail, send a fax, write a letter, or visit the Triview Metro District to express your concerns about how it is being managed. Complain about the rate increase. And next Spring (2008) when Board members are up for (re-)election... Research the candidates, decide who is best qualified to represent your interests, and VOTE for them.

If we continue to ignore the situation and allow the district to presistently be mismanaged (degrading service and increasing taxes), it will eventually impact property values and resale opportunities in the area. Protect what is likely your greatest personal investment... Your Home!

Triview Metropolitan District
171 North Washington Street
Monument, CO 80132
Main: 719/488-6868
Fax: 719/488-6565
www.TriviewMetro.com
info@TriviewMetro.com




Monument Seeks To De-TABOR For Parks, Recreation, & Seniors
» 2007/10/01: Position Piece

October 01, 2007
By: MonumentMatters.org

On the El Paso County Coordinated Election Mail-In Ballot, the Town of Monument has placed has placed a Ballot Issue (2A) which seeks authorization the De-TABORing of "TOWN REVENUES GENERATED FROM ALL SOURCES" for four years in with the intent of spending the additional revenue on Town Parks, Recreation, and Senior Services. The amount of surplus revenue that would be retained is estimated to be between $100K - $300K ($20 to $60 per resident based upon a current estimated population of 5000), depending upon the economy and continued growth of retail development in the Monument area. We hope that the voters in the town will carefully read the Ballot Issue, consider all the facts, and then vote accordingly.

Link to Town of Monument Ballot Issue & TABOR Summary mailing
Link to information on TABOR (CO Office of State Planning & Budget)

At this point, we have not found any reason to take a aggressive position against the Ballot Issue 2A. While no one wants increased spending or taxes, there are some issues for which it can and should be viewed as an investment. And it is difficult to argue against Town Parks, Recreation, and Senior Services in a community like Monument. Therefore, we are merely encouraging voters to be sure to exercise their constitutional right to have their voice heard by voting.

As this Ballot Issue will be part of a mail-in ballot coordinated by the Election Department of the El Paso County Clerk & Recorder's Office, please be sure to complete and mail the ballot by the last postal pickup time on Monday, November 5th in order for it to be received before the Tuesday, November 6th 7:00pm deadline.



November 2007, voters approved Ballot Issue 2A:
YES 58% / NO 42%




Here We Go Again! Triview Ballots Seek Debt Increase & De-TABOR
» 2007/09/28: Position Piece

September 28, 2007
By: MonumentMatters.org

On the El Paso County Coordinated Election Mail-In Ballot, the Triview Metropolitan District has placed four Ballot Issues: 5B, 5C, 5D, and 5E. Each seeks permission to increase debt, increase taxes, remove TABOR restrictions from "ALL OTHER DISTRICT REVENUE" without a maximum amount or time limitation, and increase the Mill Levy "IN ANY YEAR WITHOUT LIMITATION AS TO RATE". If any one of the Ballot Issues is approved by voters, TABOR controls are removed from all district revenue until specifically restored by the district and the Mill Levy can be increased without limitation. We hope that the voters in the district will carefully read each of these Ballot Issues, consider all the facts, and then vote accordingly.

Link to Triview Ballot Issues & TABOR Summary mailing
Link to information on TABOR (CO Office of State Planning & Budget)

Note: Mail-In Ballot must be delivered by Tuesday, November 6th @ 7:00pm, either mailed by the day before or dropped off at a designated County Clerk's office by the deadline.

The good intentions of the Ballot Issues notwithstanding, we recommend that Triview Metropolitan District residents vote: NO ON ALL FOUR BALLOT ISSUES.

Our recommendation is based upon the following facts:   (Click on fact for more info)

Link to info on Tue, Oct 23rd (7:00p) meeting to organize opposition

More information on each fact:

  • BALLOT ISSUES WILL SIGNIFICANTLY INCREASE EXISTING DEBT
    The district's current principal debt is $47,550,000 which does not include enterprise and annual appropriation obligations. If all four Ballot Issues were to pass, authorized debt would increase to $91,000,000 (based upon current debt authorization of $50,000,000 plus the new debt limits for all four Ballot Issues) and debt principal would increase to $88,550,000 (assuming the entire amount authorized in each Ballot Issue were spent as proposed).

    Debt Authorized
    per parcel3
    Principal
    per parcel3
    Total1
    per parcel3
    Taxes2
    per parcel3
    Current Debt $50,000,000
    ($37,202.38)
    $47,550,000
    ($35,379.46)
    $129,133,200
    ($96,081.25)
    $6,436,800
    ($4,789.29)
    Ballot Issue 5B $19,900,000
    ($14,806.55)
    $19,900,000
    ($14,806.55)
    $56,415,150
    ($41,975.56)
    $2,475,168
    ($1,841.64)
    Ballot Issue 5C $9,090,000
    ($6,763.39)
    $9,090,000
    ($6,763.39)
    $25,769,125
    ($19,173.46)
    $1,139,060
    ($847.51)
    Ballot Issue 5D $8,410,000
    ($6,257.44)
    $8,410,000
    ($6,257.44)
    $23,837,925
    ($17,736.55)
    $1,047,800
    ($779.61)
    Ballot Issue 5E $3,600,000
    ($2,678.57)
    $3,600,000
    ($2,678.57)
    $10,203,225
    ($7,591.69)
    $449,995
    ($334.82)
    Total (all) $91,000,000
    ($67,708.33)
    $88,550,000
    ($65,885.42)
    $245,358,625
    ($182,558.50)
    $11,548,823
    ($8,592.87)
    Inc. (all) +$41,000,000
    (+$30,505.95)
    +$41,000,000
    (+$30,505.95)
    +$116,225,425
    (+$86,477.25)
    +$5,112,023
    ($3,803.59)
        1 Total reflects Triview estimates of the total payments
            to service the debt as 20 year bonds at 8% interest.
        2 Taxes reflect Triview estimates of the annual costs
            to service the debt as 20 year bonds at 8% interest.
        3 Debt per property parcel in Triview district (based upon
            1344 parcels per EPC County Assessor on 9/27/2007)

    In the Summary of Written Comments FOR Ballot Issues 5B, 5C, 5D, and 5E., it is stated that "TMD's current Finance Plan reflects that there is no need or intent to raise taxes or fees related to this new debt authorization." However, it is difficult to accept such a statement at face value in light of the total Fiscal Year spending over the last few years as provided by Triview:

    Fiscal Year Spending % Inc.
    2008 (estimated)4 $3,209,622 29%
    2007 (estimated) $2,495,779 25%
    2006 (actual) $2,000,963 32%
    2005 (actual) $1,515,987 30%
    2004 (actual) $1,166,261 35%
    2003 (actual) $864,623 ---
    4 Excludes proposed tax increases

    This table shows that spending has increased at a double digit rate each year, despite the significant slow down in new home construction.

    If the new debt is assumed to be retired through new construction (i.e., a combination of fees and new property on the tax rolls), the current state of the economy makes such assumptions questionable and the need for tax increases on existing property more likely.


  • WATER/SEWER RATES CONTINUE TO RISE AS DEBT GROWS
    Triview has increased water/sewer rates at least once per year over the last three years.

    Increase Date Water Wastewater
    01/01/2005 9%5 20%5
    01/01/2006 9%5 10%5
    09/01/2006 10%5 15%5
    04/01/2007 22.39%6 24.45%6
    (per Triview's WEB Site on 09/27/2007)
    5 Overall rate increase    
    6 Base rate (plus usage)

    Comment: And while residents are forced to continue water rationing, Triview approved a resolution levying fines for violators while also approving a service agreement providing up to 2 Million gallons per year of water to Blue Sky Car Wash at the July 25th, 2007 monthly board meeting.


  • SERVICE CONNECTION FEES RECENTLY INCREASED SUBSTANTIALLY
    Earlier this year, Triview significantly increased the tap (service connection) fees for both new residential and new commercial construction. With the recent downturn in the economy and the associated reduction in new construction projects, the financial impact of the fee increase cannot be accurately measured. (Note: Developer complaints recently forced Triview to review and make some adjustments to the fees.)

  • TRIVIEW RECENTLY RECEIVED SPECIFIC DE-TABOR AUTHORIZATION
    In November 2006, Triview residents approved a Ballot Issue providing Triview with up to a ten year suspension of TABOR controls for the purpose of retiring debt faster. (Note: Refer to the fact which follows regarding the legality of De-TABOR issues exceeding four years.)

  • SAME DE-TABOR AUTHORIZATION SOUGHT BY EACH BALLOT ISSUE
    All four Ballot Issues seek to De-TABOR "ALL OTHER DISTRICT REVENUE" not just the revenue associated with any new taxes required to retire the new debt. If any one of the Ballot Issues is approved by voters, TABOR controls are removed from all district revenue until specifically restored by the district. Current law does not allow for Ballot Issue Petitions (such as subsequent voter initiative efforts to force Triview to return to TABOR controls) for Counties, School Districts or Special Districts. Be careful not to fall into the trap of supporting one Ballot Issue because of its focus (Parks and Recreation, Road Improvements, Water Improvements, or Wastewater Improvements). Triview realized that a large, single debt issue would not pass so it broke the debt into smaller, more favorable issues, and included the De-TABOR authorization in each.

    Thus, if any one of the Ballot Issues is approved, the De-TABOR controls are released for all revenues without limitation.

    We feel that separating the debt into four different categories, which might be more successful individually than collectively, then including the De-TABOR authorization on each is a back door way of trying to insure that the De-TABOR authorization is received rather than allowing the issue to be weighed on its own merit.


  • ALL BALLOT ISSUES APPEAR TO VIOLATE SINGLE TOPIC RULE
    All four Ballot Issues appear to violate the Colorado Revised Statutes 1-40-106.5 Single-subject requirement by seeking authorization to both raise debt and De-TABOR all revenues, not just the revenue associated with any new taxes required to retire the new debt. The authorization to increase debt and taxes is a separate topic from the authorization to release all revenues, not just those associated with the new debt, from TABOR controls.

  • ALL BALLOT ISSUES APPEAR TO EXCEED DE-TABOR TIME LIMITS
    All four Ballot Issues appear to violate Article X, Section 20, Paragraph 3, Section A of the Colorado Constitution which limits De-TABOR Ballot Issue periods to a maximum of four years. (Note: It appears that the De-TABOR Ballot Issue passed in November 2006 also violates this limitation.)

We encourage everyone to review these facts and the wording in the ballot issues, then vote. We are confident after considering all the pertinent facts that the majority of people will vote NO on all of the Ballot Issues:

5B = NO   5C = NO   5D = NO   5E = NO

We encourage ALL RESIDENTS of the Triview Metropolitan District to take the time to vote to protect what is probably your greatest investment... Your Home!

As these Ballot Issues will be part of a mail-in ballot coordinated by the Election Department of the El Paso County Clerk & Recorder's Office, please be sure to complete and mail the ballot by the last postal pickup time on Monday, November 5th in order for it to be received before the Tuesday, November 6th 7:00pm deadline.



November 2007, voters rejected Ballot Issue 5B:
YES 34% / NO 66%

November 2007, voters rejected Ballot Issue 5C:
YES 34% / NO 64%

November 2007, voters rejected Ballot Issue 5D:
YES 38% / NO 62%

November 2007, voters rejected Ballot Issue 5E:
YES 35% / NO 65%





The Democratic Process Is Under Fire In Monument
» 2007/03/08: Position Piece
» » 2007/03/27: Mayor Glenn's Response
» » » 2007/03/30: Issue Summary

March 8, 2007
By: MonumentMatters.org

Democracy took a hit Monday night, March 5th, at the Monument Board of Trustees meeting but not in a way that would make headlines on the New York Times or probably even any local newspaper. Still, rights were denied which chips away at the very foundation on which this great country was built because when any one of us is denied a right, we all suffer from that lose of democracy.

Last year, LandCo sought approval from the Town of Monument for the annexation, rezoning, and development of Promontory Pointe. Several adjoining neighborhoods aggressively opposed the project in its original form. After public packed meetings with the town featuring organized opposition and passionate resident objections, LandCo managed to reach agreements with the principal neighborhood representatives, subsequently leading to their support for approval of the project. Among the groups involved was th e Homestead at Jackson Creek neighborhood which adjoins the Promontory Pointe development along its northwest border.

The Homestead at Jackson Creek HOA Board and residents aggressively sought and received three conditions on the development: 1). The disconnection of Walters Creek Road between the two neighborhoods to avoid traffic from Promontory Pointe and the properties it connects to from short-cutting through the Homestead neighborhood to get to Creekside Middle School, the Monument Marketplace, and other points up Jackson Creek Parkway and into Monument; 2). An agreement for comparable lot sizes along the border bet ween the two properties to protect property values in the Homestead and provide a transition to the denser interior of the development; and, 3). The dedication of a 30' wide trail between the two properties that would interconnect between an existing trail system in the Homestead and a similar trail which had been negotiated with the developer of the Home Place Ranch project, both of which would connect to the county-wide trail system linking to Fox Run Park.

All three conditions were agreed to by LandCo and outlined in a letter provided by LandCo to the HOA Board. These same conditions were subsequently incorporated into the final documents accepted and approved by the Town of Monument Board of Trustees at publicly attended meetings. Additionally, the Triview Metropolitan District also passed a special resolution regarding the third condition, specifically seeking the dedication of the land to be used as a trail separate from the individual lots which were t o adjoin it. Both the HOA Board and residents were pleased and confident that they had a binding agreement with a developer who they then supported in the approval process. However, LandCo subsequently sold the Promontory Pointe project to John Laing Homes who opposed the dedication of the trail system along the border with the Homestead subdivision. Without anyone either the HOA Board or residents, the Town of Monument and Triview allowed John Laing Homes to rework the previously approved development plans, changing the 30' wide dedicated trail to a 30' no-build easement deeded to the individual property owners. This also also allowed John Laing Homes to include the 30' wide strip, on average over 3000 square feet, in their comparable lot size calculation, eliminating the continuity and purpose of the strip previously agreed upon as a condition to de velopment.

When public notice was issued that John Laing was seeking approval for their new plans, the HOA Board attempted to contact all of the parties involved to verify that the previously agreed upon conditions were being honored. It was not until the final days before the Planning Commission meeting, way too late in the process to rally support and mount public opposition to the change, that the HOA Board even learned about the change. Given the recently passed Town of Monument Ordinance that essentially fast tracks the development approval process by allowing concurrent public notices to be posted for both the Planning Commission and Board of Trustee meetings for development project votes, the modified project sailed through the process with the town staff's endorsement in less than two weeks; and only 26 days after receipt of the first official notice in the two hearing process, ignoring objections by the HOA Board to the change and re quests for further discussion to allow for a fair process.

Allowing a developer to change a condition that was previously lobbied for by residents of the Town of Monument and publicly approved without including those same residents in the subsequent process where the change was made violates the democratic principal of fair and equal representation. The loss of the condition is obviously frustrating to the Homestead at Jackson Creek residents who lobbied within the rules for the condition. But nothing compares to the anger and disappointment at the failure of the Town staff and elected officials to represent the interests of their constituents as they have sworn an oath to do.

Democracy took a hit in Monument on March 5th... What's next?

Is it really in the best interest of residents, individually or as a whole, to have the democratic process compromised to expediency? Remind the Mayor and Board of Trustees that trust is an integral part of their position and failing to properly represent the democratic rights of their constituents violates that trust. Call, write, or E-Mail the Town of Monument Mayor and Board of Trustees to defend your rights.
Town of Monument
166 Second Street
Monument, CO 80132
719/481-2954

Trustee Gail Drumm
ggdrumm (at) msn.com

Trustee Travis Easton
travis.easton (at) nolte.com

Trustee Dave Mertz
mertz (at) pcisys.net

Mayor Byron Glenn
byronglenn11 (at) earthlink.net


Trustee Tim Miller
themillers6 (at) juno.com

Trustee Tommie Plank
tplankmn (at) aol.com

Trustee Steven Samuels
ssamuels (at) robertsonlandscaping.com




The Democratic Process Is Under Fire In Monument
» 2007/03/08: Position Piece
» » 2007/03/27: Mayor Glenn's Response
» » » 2007/03/30: Issue Summary

Note: MonumentMatters.org was informed that Mayor Byron Glenn composed a response to the opinion posted on this WEB Site and a preceding E-Mail sent to the Homestead at Jackson Creek HOA members by the WEB Master / Founder of this site who is also an Officer on the HOA Board. We were provided with an electronic copy of the letter in advance of the mailing and chose to post it here both in fairness and to provide a reply. The Mayor's letter follows in normal text with our comments in italics, where appropriate:

March 27, 2007
By: Byron J. Glenn, Mayor
Town of Monument

Dear Homestead @ Jackson Creek Residents

Thank you for the emails. I apologize for the late response, but I wanted to digest the contents in order to respond with a basis on fact and not emotion. I also reviewed the article written by Mr. Meyer in his Monument Matters web site to understand the information your e-mails were addressing.

I would first like to outline the facts concerning this 30-foot strip of land and then address the issue with my abstention from voting.

I believe there is a misunderstanding that a written agreement was created between the Triview Metropolitan District and the Homestead @ Jackson Creek HOA; I also believe it is incorrect that a resolution or similar agreement was given to the homeowners by Triview; Triview does not pass such resolutions or agreements at their Board meetings. The minutes of their August 23, 2006 Board meeting outline a very short discussion between the Triview Board of Directors and Mr. Fisher, the President of the Homes tead HOA. During this discussion the Board made a motion to accept fee title of the 30-foot strip of land with the condition that there would be an agreement reached between the District and the HOA regarding the use and maintenance of this easement. I have neither seen nor heard of the existence of a signed agreement. Without this agreement, the motion is void.

After careful review of the meeting minutes for the August 23, 2006 Triview Metropolitan District Board meeting, it appears the conversation regarding the western boundary of Promontory Pointe indicated two strips of land: a 50-foot strip owned by Jackson Creek Land Company, and the original 30-foot strip located along the western boundary of Promontory Pointe needed for a trail and utility corridor from north to south. Since that meeting, Triview has purchased the adjacent 50-foot strip of land and h as relocated the utilities and trail corridor to this parcel, thus eliminating the need for the 30-foot strip. El Paso County Parks and Recreation approved the relocation of the trail connection.

* * * * *
The Homestead @ Jackson Creek HOA President Robert Fisher was not the only one who attended the Triview Board meeting and left with the impression that the Board voted unanimously to accept the trail easement without any conditions. An article on the August 23rd, 2006 Triview Municipal District meeting published in Our Community News ( Vol. 6, No. 9 - September 2nd, 2006 ) reports on the 30' trail easement discussion, the subsequent unanimous vote, and fails to make any mention of the condition the Mayor describes. We understand that the Mayor, who did not attend the Triview Board meeting, contacted Larry Bishop of Triview, who was not an employee of Triview at the time of the meeting, to review the minutes regarding Mr. Fisher's statements about the 30' trail. The minutes merely summarize the meeting, outlining a different conclusion than that recalled by attendees and subsequently published by the press. It might be appropriate to review the official recording of the meeting to determine exactly what was discussed. Furthermore, the Mayor's contention that the agreement is void based upon the HOA's failure to adhere to certain conditions would seem a bit presumptious considering there is a lack of documentation as to these conditions and in light of the fact that the Mayor was not a party to any subsequent discussions between the HOA and Triview.
* * * * *

The original Development Plan was approved indicating the 30-foot trail located in the easement along the rear yards of the individual lots within Promontory Pointe. The land was then sold to John Laing Homes who revised the site to better accommodate their building plans. Because of the changes a new public hearing was necessary. During the re-design, the trail corridor was replaced with a 30-foot "no-build' buffer. This was to ensure a separation between Jackson Creek and Promontory Pointe; the main tenance is to be the responsibility of the individual homeowners within Promontory Pointe.

It is not unusual for developments to be bought and re-sold before any construction takes place. To ensure quality, the Town requires plans to go through the public hearing process again if major changes are made. The meeting of March 5, 2007 was an example of the Town's process, as well as the democratic process being followed. The trail relocation was an amendment to the final plan, as were the lower density, larger lots and better roadway configuration. Most residents following the process have been much happier with the latest plan for Promontory Pointe.

* * * * *
This last paragraph really is the heart of the issue... The Mayor is correct that the change went through the democratic process of being reviewed by the Planning Commission and Board of Trustees for re-approval. It is this process that is of concern.

In an attempt at the briefest of summaries, the developer sought to change the 30' trail and was allowed to do so in their submittal without ANY consultation with the Homestead @ Jackson Creek HOA Board. Such action ignores the fact that the HOA aggresively fought for and won the right to a trail in the first place. The HOA Board did not learn of the alteration until a few days before the Planning Commission meeting. The HOA Board was never informed that any change was being considered, much less invited to participate as a principal party in previous negotiations on a matter which was of direct interest to its home owners. With the recent acceleration of the approval process by the Board of Trustees, the HOA Board ended up blind-sided. The resubmittal with the change flew through the approval process in under two weeks.

Throughout the process, the Homestead HOA attempted to point out the injustice of being excluded from the discussions which resulted in the change. However, everyone on the town staff, the Planning Commission, and the Board of Trustees chose to focus solely on the 30' trail easement. The purpose of the E-Mail and WEB Site posting was not to complain about the change but rather the inequity of the process that allowed the change while excluding the HOA from participation. The loss of the 30' trail was disappointing but being left out of the discussions concerning the change was unjust. Moreover, the failure of the Mayor and Board of Trustees to recognize the injustice is frustrating and not representative of what we believe to be a fair, democratic process.

When the Mayor is prepared to look past the 30' trail and focus on the problems in the process, only then will the purpose of the E-Mail and WEB Site postings be properly addressed and the interests of the constituents in the Homestead @ Jackson Creek HOA properly served. Information on the 30' trail issue was included in the E-Mail and WEB Site posting in response to the numerous requests for a complete background on the matter.

That the Mayor received enough E-Mails on the subject he felt it necessary to send a letter to the residences in the Homestead @ Jackson Creek reflects the discontent of many residents who have been following the process.

* * * * *

On a more personal note, I have a family with three growing teenage boys and a mortgage like most people and, therefore, I am required to work a full time job. I am a civil engineer and a real estate developer and a resident of Monument. I prepare entitlements, planning documents and engineering plans and specifications for projects throughout Colorado, and through my career I have developed relationships with people in many different fields. At the present time I have a working relationship with John Laing Homes on a few projects in the City of Colorado Springs. As required by law, I therefore recused myself from this hearing to avoid any perception of a conflict of interest. It is not uncommon for a Trustee to recuse himself because of a potential conflict of interest or just an appearance of such. The important thing is that we do recuse ourselves when warranted. I do not take lightly the accusation that anything improper occurred; in my book this statement constitutes slander.

* * * * *
The Mayor is referring to an E-Mail sent to the Homestead @ Jackson Creek HOA members summarizing the results of the BOT meeting where the change was approved. The E-Mail correctly pointed out that the Mayor recused himself from the vote which was the ethical and proper decision. This same E-Mail also stated that a number of Trustees on the Board are involved directly or indirectly in the land development business. The comment was meant to merely illustrate that those in the industry might be more supportive of developer issues as a result of their own experiences. It is natural for people to have a more sympathetic understanding of their particular field of expertise, without any expectation of monetary or personal gain, just as a doctor is more likely to be supportive of medical issues and a teacher of educational issues.

The author of the E-Mail regrets if anyone misinterpreted the intent of the comments and hereby states the comments were not intended to imply an impropriety on the part of the Mayor or any of the Board of Trustees involved in approving the change. However, stating public facts that the Mayor himself acknowledges in his letter does not constitute slander, especially in light of his being a public official.

* * * * *

Everyone on the Board of Trustees, and for that matter the members of the Triview Metropolitan Board of Directors as well, are volunteers, taking time out of their busy days to serve the community of Monument. We all take our elected positions very seriously, and we do our very best to ensure the health, safety and welfare of not only our constituents, but the surrounding population as well.

* * * * *
We fully appreciate the time and commitment made by the Mayor and Board of Trustees in serving the community. Their dedication results in providing an invaluable service to those in the community. However, the respect we hold for the people and positions will not keep us from bringing to the public's attention and generating discussion about matters on which we disagree with the Mayor and Board of Trustees. As elected representatives, they need to know when their constituents do not feel their concerns are being properly recognized or addressed.
* * * * *

I encourage you to consider attending future meetings. We meet at 6:30 in Town Hall on the first and third Mondays of each month excluding holidays. I believe you will find that the Board works diligently, asks hard questions and demands a lot from potential developers. We currently have an opening on the Planning Commission and I know that the Triview Metropolitan District is also looking for individuals to serve as Board members.

* * * * *
As a regular attendee at both Board of Trustee meetings and the Planning Commission meetings, as well as a member of the El Paso County Highway Advisory Commission (EPC HAC) and the Town of Monument's selected representative to the Pikes Peak Area Council of Governments Community Advisory Committee (PPACG CAC), the author totally agrees with the Mayor. The town, the area, and democracy as a whole, benefit from citizen participation in the process.
* * * * *

I hope this letter answers some of your concerns. If you have any questions or comments, you can reach me at (719) 200-7770 or e-mail me at byronglenn11@earthlink.net.

Sincerely,

Byron J. Glenn, P.E.
Mayor, Town of Monument

* * * * *
We appreciate the Mayor taking the time to respond and making himself available to those who might wish to discuss the matter further.
* * * * *



The Democratic Process Is Under Fire In Monument
» 2007/03/08: Position Piece
» » 2007/03/27: Monument's Response
» » » 2007/03/30: Issue Summary

March 30, 2007
By: MonumentMatters.org

Note: Since it appears to be difficult for some to see past the 30' trail easement, we have decided to simplify the issue into focused bullet points...

Four Parties:

  • Homestead at Jackson Creek Home Owners Association (HOA)
  • Town of Monument (Town)
  • Original developer (LandCo)
  • Subsequent developer (Laing)
Two (2) Issues:
  • Agreement on condition between LandCo and HOA, approved by Town
  • Change to condition by Laing and Town, approved by Town (HOA excluded)
Sequence Of Events:
  • Fall 2005: LandCo proposes to develop property adjacent to HOA.
  • Fall 2005: HOA Board has concerns with proposed development.
  • Fall 2005: HOA holds meetings with residents to discuss proposed development.
  • Fall 2005: HOA and LandCo discuss concerns and agree to changes but concerns remain.
  • Nov. 9th, 2005: HOA Board and many residents present objections to Town at Planning Commission which votes 3-2 against proposal and recommends further changes.
  • Nov./Dec. 2005: HOA and LandCo meet to further discuss concerns and negotiate changes.
  • Dec. 2005: Town Board of Trustees reschedules hearing for procedural reasons and to insure sufficient notice provided to residents.
  • Jan. 2006: Town Board of Trustees reschedules hearing for procedural reasons and to insure sufficient notice provided to residents.
  • Feb. 6th, 2006: Town Board of Trustees, before a standing room only crowd at a meeting which ran late into the night, sends the proposal back to LandCo with changes.
  • Spring/Summer 2006: HOA and LandCo reach an agreement resolving HOA concerns and in return the HOA agrees to support the proposed development with the agreed upon conditions.
  • August 9th, 2006: Town Planning Commission approves proposed development with conditions agreed upon between HOA and LandCo (HOA speaks on behalf of proposed development).
  • September 5th, 2006: Town Board of Trustees approves proposed development with conditions agreed upon between HOA and LandCo (HOA speaks on behalf of proposed development).
  • Sep./Oct. 2006: Laing acquires proposed development from LandCo and seeks to change a condition previously agreed upon with HOA.
  • Fall?/Winter? 2006: Laing and Town negotiate and agree to change without either informing HOA or inviting HOA to participate.
    Note: Exact time frame uncertain as HOA excluded from negotiations.
  • Feb. 2007: HOA only learns of change to condition a couple of days before Laing schedules new submittal to Town.
  • Feb. 2007: HOA attempts to schedule meetings with Town and Laing to no avail.
  • Feb. 21st, 2007: Town Planning Commission approves Final PD Site Plan but deadlocks on Final Plat.
    Note: Final PD Site Plan was approved in spite of HOA objections to change and being excluded from the negotiations. Reasons cited for the Final Plat deadlock were traffic oriented, not recognition or support of HOA objections.
  • Mar. 5th, 2007: Town Board of Trustees approves Final PD Site Plan and Final Plat despite HOA objections to change and being excluded from the negotiations.
Notice the drawn out time line and emphasis on resident input during the initial approval process versus the fast tracked approval with resident participation excluded in the subsequent approval process.

The Democratic Process worked the first time but failed the second!




Triview Seeks To De-TABOR Without Limits
» 2006/04/02: Position Piece
» » 2006/04/26: Triview Responds
» » » 2006/05/02: Results

April 02, 2006
By: MonumentMatters.org

On Friday, March 31st, all registered voters in the Triview Metropolitan District should have received a Notice Of Election On A Referred Measure in their mailbox. This mailing served as official notice that an election would be held on the Tuesday, May 2nd, 2006 at Creekside Middle School on the Triview Metropolitan District Ballot Issue A.

Link to Triview Ballot Issue A

The Ballot Issue incorporates special (vague) wording that has significant impact and should be noted accordingly:

  1. WITHOUT INCREASING EXISTING TAX RATES OR IMPOSING A NEW TAX
    Well chosen words intended to put the voter at ease that the Ballot Issue will neither raise existing tax rates nor assess any new taxes. The question becomes, if retaining excess property tax dollars above that allowed by the TABOR amendment (passed as a Constitutional Amendment by voters statewide back in 1992) rather than refunding them as stipulated is not a tax increase, what is it? The Ballot Issue may not actually increase the tax rate or assess any new taxes but the amount of property tax dollars collected and retained will increase so it amounts to a tax increase.

    In Ron Simpson's response, he states that Triview is "presently entitled to" the taxes in spite of TABOR which questions Triview's representation of their tax payer's best interests.

  2. COLLECT, RETAIN AND SPEND ALL REVENUES
    Triview's current debt is approximately $40 Million (consisting of $28 Million in issued debt principal, $7 Million in issued debt interest and $5 Million in authorized and approved, but not yet issued, bonds for Triview's part of the multi-district waste water treatment facility). The current Debt Ceiling is capped at $50.8 Million. During discussions on this Ballot Issue, Triview has stated that there is a high probability that it may need to seek an increase in the Debt Ceiling, possibly as early as November 2006. This is no surprise in light of the infrastructure additions and improvements that will be required for the Home Place Ranch, Promontory Pointe and Sanctuary Pointe (Baptist Camp) developments (approximately 1800 new homes) seeking inclusion into the Triview district. Moreover, Triview has stated in its Capital Improvement Plan that it anticipates additional water and waste water improvements to total over $48 Million through 2021.
  3. FROM WHATEVER SOURCE IT RECEIVES
    This includes more than just the excess sales tax revenues above the TABOR limits that Triview seeks. If home valuations continue to increase and subsequent property tax collections exceed TABOR limits, Trivew will be allowed to retain the excess property taxes that would normally be rebated back to the property owners under TABOR. The other water districts in the area live within TABOR limits and refund property taxes collected in excess of that allowed by TABOR back to the property owners. Triview has stated that the really important issue is the Sales Tax revenue. Equally important to tax payers, however, are the checks and balances that keep property taxes from increasing unreasonably, important protections which this measure will remove.

    According to Triview, new development will yield significant revenues in Rate Charges and Tap Fees (at least $28 Million coming into to (sic) TMD just from impact fees according to Ron Simpson's response). With almost 2000 homes to be built (including Carriage Point West, Home Place Ranch, Promontory Pointe, Remington Hills, Sanctuary Pointe and the remaining lots in Settlers Ridge) and a published Tap Fee of $11,465 ($4100 for Sewer and $7145 for Water), Tap Fees alone should generate over $22 Million which can be used to pay off the old developer bonds issued at the higher rates.

    Ron Simpson also states in his response that "TMD is currently negotiating with those projects to create a situation where TMD does not have to take on the level of financial commitment as it has had to within its 1987 limits. As an example, TMD will not be responsible for building the major roads within those developments as it now has to. TMD will receive significant financial benefits, especially over time, from including those properties into the District."

    Note: The projects referred to are the three major developments (Home Place Ranch, Promontory Pointe and Sanctuary Pointe, approximately 1800 homes, comprising the bulk of the new infrastructure cost.

    With this significant revenue stream and the added income from the additional rate charges, the remaining bonds (and new bonds issued at lower rates to pay for the new infrastructure) should be far more manageable since more money can be allocated to bond payment and more of each payment will go against principal rather than just interest.

    Note: According to Ron Simpson, both Rate Charges and Tap Fees are part of the Enterprise side of Triview's operations and are not subject to TABOR limitations. Ron Simpson confirmed that this Ballot Issue will not impact the collection, retention or spending of Rate Charges or Tap Fees.

  4. IN FISCAL YEAR 2006 AND IN EACH YEAR THEREAFTER
    There is no stated time limit to the TABOR override. If Ballot Issue A passes, the TABOR override becomes permanent UNTIL the Triview Board decides to change it. Current law does not allow for Ballot Issue Petitions (such as any subsequent voter initiative efforts to force Triview to return to TABOR controls) for Counties, School Districts or Special Districts. With all the significant revenues that should be forthcoming referred to by Ron Simpson, it seems the revenue issue should be short term, at most, so a time limitation is not unreasonable.

    Note: Amendment #38 (The Petition Rights Amendment) on the November 2006 ballot will provide the right to petition all matters of government business to the voters. For more info, visit   http://www.pra2006.com   and support Amendment #38.

  5. Notice the PRO statement without any CON  position included
    The lack of a CON statement does not mean there are no inherent problems with a Ballot Issue or that people should blindly trust the PRO position. Ballot Issues are not required to include a CON statement if none is submitted within the allowed time frame. People deserve to have sufficient information to make a sound decision. Triview's elected board has continuously failed to educate and advise those to whom they are accountable and supposed to represent (i.e., the tax payers and rate payers in the district). District tax bills and water service bills, along with the Ballot Issue Notice seeking to keep more tax revenues, arrive in the mailbox without fail. Yet, Triview does not send out any reports providing an accounting or explanation of how that money is being spent; how much debt is being accumulated by the district on the property owner's behalf; or when the district anticipates reaching the point that revenues cannot only service but actually reduce the debt load. A full and complete accounting to date, along with an detailed explanation of plans for the future, is not unreasonable to expect before signing a blank check.
Basically, the current residents of the Triview Metropolitan District are being asked to subsidize urban sprawl, to pay for new development infrastructure beyond the water and sewer services provided by most water districts, and make it easier for developers to reap profits. Is it any wonder that developers are flocking to this area, seeking out Triview instead of the Donala, Monument or Woodmoor water districts? Smartly, they realize that the golden water tap is not likely to run forever so they want to build roofs while the money flows.

How much debt should TriView be allowed to incur before demonstrating the ability to fully service, much less better manage, such debt? Shouldn't TriView demonstrate it can operate within its existing income base before aggressively accepting so many new projects while at the same time seeking a TABOR override to help fund such development? Should the existing home owners be required to subsidize new development without receiving a share of the profits from such projects? Do we really need this explosiv e of growth? Are there sufficient resources to support it?

At this point, the logical choice is to Vote NO on the Triview Metropolitan District Ballot Issue A on May 2nd. Force Triview to demonstrate better resource management before bailing them out through a TABOR override (TAX INCREASE).

To promote responsible growth and management by Triview, be sure to VOTE NO against Ballot Issue A on May 2nd!



Triview Seeks To De-TABOR Without Limits
» 2006/04/02: Position Piece
» » 2006/04/26: Triview Responds
» » » 2006/05/02: Results

April 26, 2006
By: Ron Simpson, District Manager
Triview Metropolitan District

1). The Ballot Issue is to allow the Triview Metropolitan District (TMD) to retain the tax that it is presently entitled to in order to pay down its debt rather than rebate it to the taxpayers that include the commercial businesses and the major land holders (developers). This is not a new nor an increase in tax but an allowance to use what will be collected. A rebate has to be "reasonable" in terms of repayment which means that TMD can not just rebate to the homeowners but to everyone that pays taxes. One test of being reasonable is to repay at the percentage of taxes paid. This would mean that the more taxes paid, the more the rebate. The TMD Board is concerned that this could mean that the commercial businesses would receive a disproportionate share of the rebate, as would the major land holders.

2). Currently, TMD has $28 million in debt principal and around $7 million in debt interest. The loan of the expansion of the Wastewater Treatment Facility will be $5 million. The total is approximately $40 million. The reason for this debt is that TMD is required by its 1985 Service Plan approved by District Court and the 1987 Annexation and Intergovernmental Agreement with Monument requires TMD to build and maintain the major infrastructure within its boundaries as defined at that time. This means that TMD has had to build and maintain: the major roads (Leather Chaps, Lyons Tail, Kitchener Way and Jackson Creek Parkway); the major treatment facilities (Water Treatment Plants and Wastewater Treatment Facility); the major distribution and collection lines; the major drainage facilities (Detention Ponds, Drainage Channels and Storm Sewer); and public landscape and park areas. Totally, TMD has over $29 million of infrastructure in the ground it has had to complete in order to serve its residents. These major facilities can not be built incrementally as each home comes on line but in stages (Wastewater Facility loan of $5 million) which costs millions of dollars. Thus the debt has been incurred to provide the major infrastructure up to this point in time as required under the Service Plan and Agreements.

3). The revenue source of major concern is from taxes, primarily sales tax. There are other taxes revenues that TMD receives that are not set nor controlled by TMD (Auto Tax; Ownership Tax and Use Tax) and that could create issues as TMD grows. The rate charges and tap fees are related to the Enterprise side of TMD (Water and Sewer) and do not fall under TABOR and are not a concern. What has happened is TMD has experienced a large increase in commercial building in a short period of time. This is a good news-bad news situation. It is good that we finally can shift a large part of the financial burden to commercial businesses instead of the homeowner. The bad is that, because of this sudden revenue increase, TMD will receive more revenue than in previous years and will probably exceed the revenue limitations set by TABOR. We finally start getting the amount of revenues needed to reduce debt but will have to rebate this revenue when the limits are exceeded.

4). The primary reason that the Ballot Issue does not have a time limit is to allow TMD to refinance most of the debt to receive a lower interest rate. Some of the current debt is at 9% and the 1987 debt is at 12.21% interest rates. It makes sense to reduce this interest carry. TMD needs to demonstrate to the financial community the sources for repayment will be in place as long as it takes to repay debt. If there is a time limit placed on this Ballot Issue it will cause difficulties in that community which will result in higher interest rates, higher costs for credit enhancement or not being able to refinance at all. None of which serves the best interests of the residents. The bond market understands the significance of the taxes that will be generated by commercial development.

5). First of all, TABOR is a revenue limitation more than a debt limitation measure. Meeting all of the TABOR requirements does not make the need for debt disappear but does limit ones ability to pay for it and in a timely manner. In 1987, there was $4.95 million of debt place on TMD at a 12.21% interest rate (Prime was in double digits then and mortgages were at 16+%). This initial debt was not repaid and the original developers went away. The interest kept running and now this 1987 combined debt is almost $11 million of the current amount; an amount the Board thinks is significant. The point that was not made clear in the Gazette article is that the die had been cast by that 1987 action and the requirements of the Service Plan and Agreements were initiated. That debt, however, did not complete service requirements for TMD and millions more had to be spent to provide the necessary services to the first homes built in 1999. The debt level of $50.8 million for TMD was approved in the 1987-88 timeframe. Again, long before TABOR was enacted.

TMD has been implementing the Service Plan for the land within its 1987 boundaries. Everything that has been constructed with TMD lies within that area, including the Marketplace and all of the existing residential areas. Some this infrastructure may provide some service to the proposed new subdivisions listed; however, the three mentioned are not within the 1987 Service Plan boundary and those same requirements do not totally apply as related to "build and maintain". TMD is currently negotiating with those projects to create a situation where TMD does not have to take on the level of financial commitment as it has had to within its 1987 limits. As an example, TMD will not be responsible for building the major roads within those developments as it now has to. TMD will receive significant financial benefits, especially over time, from including those properties into the District. Not a lot more can be stated relative to these because of the current on-going negotiations. It can be stated that TMD has looked at the cost benefit of serving said properties and it is a positive picture. As an example, there will be at least $28 million coming into to TMD just from impact fees (assuming the current number of lots involved). Triview is not subsidizing urban sprawl but is systematically trying to manage the coming growth to the benefit of everyone. The property in question will be developed in the Town and within TMD or in the County and probably with new service districts. It benefits TMD to capture the revenue from those developments rather than have them occur at its boundaries without financial benefit.


May 2nd 2006, voters rejected Ballot Issue A:

YES 39% / NO 61%
Link to more information



November 2006, voters passed a revised De-TABOR Ballot Issue:

YES 61% / NO 39%
Link to more information