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October 29, 2014 VOLU M E 49 | I S S UE 41 | 7 5 ¢
Tri-LakesTribune.net T R I - L A K E S R E G I O N , M O N U M E N T, G L E N E A G L E , B L A C K F O R E S T A N D N O R T H E R N E L P A S O C O U N T Y
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Judge rules votes will be counted regarding initiative 301 Hearing was held at town hall on Oct. 20; Judge Joe Cannon made ruling in writing Oct. 22 By Danny Summers
dsummers @coloradocommunitymedia.com It’s not very often that a protest to a ballot initiative is heard in the Palmer Lake Town Hall, but such was the case on the afternoon of Oct. 20. Two days later, retired District Judge Joe A. Cannon ruled that the protest by Mitch Davis and Ray Kriegbaum – who were challenging the sufficiency of ballot initiative 301 on the Palmer Lake ballot – was not submitted under oath as required by CRS 31-11-110(1). He added that “this defect is fatal to the filing of the protest.” Cannon went on to say “that issue 301 shall appear and results tallied in the November election.” Cannon made his ruling in writing and submitted it to the town’s attorney, Larry Gaddis. Cannon had up to five days to make his ruling. Davis and Kreigbaum stated at the hearing that initiative 301 tries to exert executive powers under the executive branch of government and is not legislative in nature.
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P L EA SE R ECYC L E T H I S C OPY
Retired district court judge Joe A. Cannon heard the case.
From far left to right, Gary Lockwood, Chris Amenson and attorney Brenda L. Speer. Speer argued that ballot initiative 301, authored by Lockwood and Aamenson, is sufficient and legal. Photos by Danny Summers “The hearing officer, on due consideration of the briefs and statements of the parties, finds issue 301 is a legislative matter and is an appropriate subject for a voter initiative,” Cannon wrote. Sitting at a separate table at the hearing, proponents Chris Amenson, Gary Lockwood, and their attorney, Brenda L. Speer, told their side of the story why the ballot initiative is legal, valid and legislative in nature. Cannon sat at his own table on the upper level of the room, taking
Rampart Range Road offers a hard look at the fire
notes while perched above the two groups. About 40 local residents sat in the audience listening to the proceedings, which lasted about 20 minutes. Among those were Palmer Lake mayor Nikki McDonald and four members of her town council – Paul Banta, Trish Flake, Cindy Allen and Jennifer Martin. There was no public comment allowed at the hearing. “I can’t speak for the other side, but I think they are fearful that we will win and this will be off the bal-
lot for three years,” said Amenson after the meeting, referring to the pro-marijuana folks. “We just had (a vote on the legalization of marijuana in April) and now we’re having it again. I think it’s very disruptive to this town for it to continue to come up, so we put the three- year window on it and it takes it off the ballot for three years.” Davis, Kriegbaum and Karen Stuth – who was in the audience – are among the local residents running the pro-marijuana campaign that wants to have legalized sales of marijuana in Palmer Lake. They protested the Amenson/Lockwood bill which reads: “Whereas, under the Federal Controlled Substances Act of 1970, a Federal law pertaining to all states,
From left to right, Mitch Davis and Ray Kriegbaum, who voted that initiative 301 is executive in order and not legislative. municipalities and citizens of the United States of America, marijuana (also known as cannabis) may not be sold for recreational purposes anywhere within the United States; and Whereas, the Town of Palmer Lake has in April of 2014 sought the voters’ opinion as to whether it should allow the sale of recreational marijuana, with the majority voting “NO” by a margin of 538 to 481; and Whereas, it is in the best interests of the citizens of the Town of Palmer Lake to remove this issue from voter consideration for a definitive period of time; now Therefore, without affecting the medical marijuana protections in the Colorado Constitution, shall the Town of Palmer Lake prohibit the 301 continues on Page 18
A changed condition
By Rob Carrigan
rcarrigan @coloradocommunitymedia.com A few weeks ago, when Rampart Range Road opened more than two years after it was closed during the first day of the Waldo Canyon Fire, visitors were able to get a whole new understanding of the scope the devastating wildfire. “I really wanted to see firsthand – sorry I did, and yet at the same time, glad I know for a fact that in some areas – 10 years, most likely will not be enough of an estimated time for healing from flooding. Great to see beaming, white and good-smelling Aspen trees, a few yellow leaves and five feet away on the side of the road, a ‘war zone~a look alike’ of total devastation.” Said local long-time resident Clara Meury who toured the area in the first few days the road was open. “Whew! Glad I went and saw and came down off the Ramparts...with hope. Very thankful to see acres, miles, and hillsides of hundreds of dedicated footprints of CUSP (Coalition for the Upper South Platte) volunteers backbreaking work that has been done, and more yet to happen to protect our towns, and cities. Our communities. Our mountains. I love our Mountains,” Meury said. Rampart Range Road offers an elevated vantage point to view the extent of the damage. The fire, which was first reported June 23, 2012, had caused the evacuation of over 32,000 residents of Colorado Springs, Manitou Springs, Cascade, Chipita
An eagle overlooks the pink folds of the Waldo Canyon burn scar as Colorado Springs rolls out on the plain to the east. Photos by Rob Carrigan Park, Green Mountain Falls, Crystola, Woodland Park and partial evacuation of the United States Air Force Academy. As many as 346 homes were destroyed by the fire. U.S. Highway 24, was closed in both directions for days. The
Waldo Canyon Fire resulted in insurance claims totaling more than $453.7 million. Until the Black Forest Fire, it was the most destructive fire in Colorado state history, as measured by the number of homes destroyed, (Black
Forest fire destroyed 486 homes and damaged 28 others). “If you choose to go into the Waldo Canyon area, expect a changed condition. It is not the Waldo continues on Page 18