March 1999 Newsletter

PHA  HOMEOWNER

PUBLISHED BY THE PINERY HOMEOWNERS' ASSOCIATION

PINERY TRASH PROGRAM CAMPAIGN

   As you have probably noticed in previous issues of this newsletter, there have been a number of articles on the Pinery Trash collection program. Enrollment has steadily grown to where we now have almost 1200 customers in the program.

The Pinery Trash collection program has one of the lowest rates for trash collection for Pinery area residents. As a comparison:

Pinery/Waste Management - $12.25 per month
Refuse Management (new customers) - $14.00 per month
Waste Management for the non-PHA Program - $16.00 per month

We still receive calls on this program and in order to make the process of joining easier, we have put together a stuffer contained in this newsletter. All you need to do is fill out and sign the application, fold in half, tape, and drop in the mail. We will do the rest to get you started on the program.

Recycling bins are available at PHA Office for Pinery/Waste Management customers.

CHERRY CREEK DAM SAFETY PROJECT

Scheduled Presentations In The Pinery Area

The Corps of Engineers, Omaha District will be providing informational briefings on the status and alternatives for either the reconstruction of the Cherry Creek Dam and/or the addition of "Dry Dams" upstream in the areas near Franktown and Pinery. The safety study and the proposed locations of dams are of critical importance to all of us living in the Pinery. Everyone who can attend should plan on doing so. There have been several meetings of this kind in the past and very few residents showed or participated in the discussions. The impact to us or on future growth in this area may be effected by the decisions made after these meetings! Following are scheduled events that are local to our area, although there are other meetings both before and after the ones mentioned herein. Check our web site for more details.

Ponderosa High School:
(Cafeteria)
Formal Presentation
Wednesday, March 10, 1999
7 p.m. to 10 p.m.

Franktown Fire Station:
1959 Highway #83
(Just South of Town on the right)
Informal Presentations
Wednesday, March 10, 1999
10 a.m. to 2 p.m.
Thursday, March 11, 1999
4 p.m. to 7 p.m.

Copies of the formal notice received by the Pinery Homeowners Association are available at the PHA office. Please exercise your rights and join us at any of the above meetings.
It’s an important issue to all of us!

PHA BOARD RE-ELECTS INCUMBENTS

Peter Condoulis, Lou Elmo and Don Reschke were re-elected to two year terms on the PHA Board of Directors . Sonia Eyre will again serve as President; Dave Kristick as Vice-President, Don Reschke as Secretary, and Ron Henkel as Treasurer. We are grateful to these dedicated volunteers who generously share their time and talents with the Pinery community!

PLEASE PUT TRASH OUT
ON MORNING OF COLLECTION!

   As you are probably aware, coyotes have been seen in greater numbers in the Pinery this winter. Coyotes are drawn to any food source, as are dogs running loose. The recently enacted leash law should prevent the latter, but wildlife can be discouraged by removing food sources that attract them to residential areas. One obvious way to do this is to put garbage out on the morning that it will be collected. Your cooperation will help to keep our neighborhoods both cleaner and safer. We also urge pet owners to make sure that pet food is not placed where coyotes or other animals can access it. Thanks for your help!

PINERY LOGO BASEBALL CAPS & JACKETS

PHA has attractive denim green and natural colored caps, ideal for golf and other sports, available in the PHA Office. These caps are top quality, have an embroidered Pinery name and logo, adjustable leather straps and cost just $9.50. We also have three size small green/navy MicroFiber jackets with hoods, ordered at the Pinery Pedal, but as yet unclaimed, available at $50 each. To see or purchase caps or jackets, please drop by the office in the lower level of the Pinery Fire Station, 9 A.M. and 3 P.M. any weekday. Jackets can be ordered in all sizes.

PINERY PARK IMPROVEMENTS

We happily report that Douglas County Parks and Recreation Dept. will be removing the old playground equipment at Pinery Park this summer and will replace it with new equipment that conforms to the Americans with Disabilities Act. Several other improvements will be made at that time. If you have questions or wish to speak with Director Ron Benson, he can be reached at 303-660-7495. Douglas County will again be planting a dozen or more trees in Pinery Park on April 17^th, Arbor Day! If you would like to help with this, please call Curt Sloan in the Parks Department at 303-470-0140.

ANIMAL CONTROL URGES
RESPONSIBLE PET OWNERSHIP

Robin Desio
Animal Control Officer,
Pikes Peak Humane Society

The human population, as well as pet population, has been growing tremendously in Douglas County these past few years. This brings about a need for more citizen awareness regarding pet ownership and the issues involved. All Douglas County pet owners need to be aware of the following ordinances.

A leash law was enacted in August of 1998. This law requires all dogs, when off their owners’ property with or without their owners, to be on a leash or similar tether no longer than 30 feet. Owner is interpreted as anyone in charge of the dog. The dog must also be kept in control by the owner in a fully enclosed area that is adequate to prevent the dog’s escape.

Neglect ordinances are also now handled on a county level. All dogs must have adequate food, water and properly ventilated shelters that provide protection from the weather. This is in effect regardless of whether or not the dog uses the shelter. It must be available to him. With the unpredictable weather in Colorado and the hectic lives we lead, our pets are sometimes left at home for hours and need the protection of shelter at all times. It is also necessary to maintain clean and sanitary conditions for pets. A pet is considered abandoned if left alone unattended for more than 24 hours without food, water or shelter.

The barking ordinance is in effect 24 hours a day. If you have a complaint about a barking dog, please contact Animal Control at the number below with all the information requested on our phone tree. This may take a little time on your part, but will help us expedite your call quickly and efficiently.

Dogs that are running loose create problems, often resulting in unsafe situations. If you have a problem in your area, please contact Animal Control and we will speak with the owner if known or transport the dog to our shelter. We also can do increased patrols if you are not sure who the owner is, but you are having a constant problem. We take lost and found reports. Contact Animal Control; we will fill out a report and try to pair it up with any information we may have.

All dog bites need to be reported to us so that we may follow up on them. All dogs are required to WEAR a current annual rabies tag. If you have a problem with noise, the tags can be wrapped in tape. If your pet has a tendency to lose them off his collar or harness, try attaching them with key rings.

PLEASE contact Douglas County Animal Control with questions at 303-660-7529!

HUNDREDS OF MILLIONS KILLED!

   While we’re speaking of pets and responsibilities, we will share with you the following article submitted by a Pinery resident and PHA member.

     Early one morning, I looked out of my kitchen window to enjoy the birds at my feeder which is only a few feet away on my deck railing. Seconds later, to my horror, a cat silently leaped up and killed an unsuspecting goldfinch right before my eyes! I found 3 additional bird carcasses near my bird feeders.

Perhaps you didn’t realize:

Stanley Temple, a professor of Wildlife Ecology and Conservation at the University of Wisconsin, did a study on cats and bird population in Wisconsin. In one year, cats killed 19 million songbirds and 140,000 gamebirds in that state alone!

According to the National Audubon Society, cats kill hundreds of millions of native birds and other small animals annually in the United States. They have contributed to the decline and extinction of numerous bird species worldwide. Due to such alarming statistics, the Audubon Society has recently adopted a resolution urging that all cats be kept inside.

Soon the nesting season for birds will be here. Baby birds are particularly vulnerable to predators. Please be a responsible pet owner and keep your cats under control.

COVENANT CORNER
The Pinery Architectural Control Committee

Public Notice of Policy Statement

The purpose of this public notice is to make Pinery residents aware of the circumstances under which the ACC plans to file a Notice of Covenant Violation. Your Pinery Architectural Control Committee is charged with enforcing the covenants in the Pinery subdivision. In the vast majority of cases which come before the ACC, a satisfactory conclusion is obtained once the homeowner and the ACC discuss the particular issue in light of the covenants.

In rare cases, the ACC is forced to seek a court order to enforce the covenants. Such cases are carefully considered by the ACC and its legal counsel due to the expense of litigation. On the advice of its legal counsel, the Pinery ACC is adopting the use of another option, the filing of a Notice of Covenant Violation with the Douglas County Clerk and Recorder.

A Notice of Covenant Violation will be filed in cases where a homeowner is in clear violation of a covenant provision. Because of the serious effect of such a notice, the Notice of Covenant Violation will be filed in cases where a homeowner is in violation of the covenants despite a minimum of three (3) written attempts by the ACC to resolve the particular issue. In addition, the homeowner will be invited to appear before the ACC to discuss and resolve the issue in person prior to the filing of the Notice. If, after such process, the matter cannot be resolved, the Notice of Covenant Violation will be filed with the Douglas County Clerk and Recorder if the ACC affirmatively votes that such filing will assist in the enforcement of the covenants.

Upon completion of the required changes, the homeowner will notify the board to request inspection and submit $50 to cover administrative and filing fees. If, after inspection, the violation is judged to be resolved, the Notice previously recorded as part of the public record, will be canceled. This will be done by recording a Notice of Compliance, with the Douglas County Clerk and Recorder. This Notice will cite the prior recorded document, recite that the homeowner has completed all requirements to conform with the covenants of the Pinery, and affirm that the prior Notice is no longer of any force or effect.

PINERY ARCHITECTURAL CONTROL
COMMITTEE ELECTION

The election announced in the January 1999 PHA newsletter will be held on Tuesday, April 6, 1999 beginning at 6:30 p.m. as part of the monthly meeting of the Architectural Control Committee Board. The election is being held to fill three positions on the six-member board. The location will be the lower level of the Pinery Fire Station. All property owners in Pinery Filings 1 - 8A, filing 21 and Pinery Estates are eligible to vote. Property owners who are unable to attend the evening meeting may also vote during PHA office hours (8 a.m. to 3 p.m.) on Tuesday, April 6, 1999 in the same location.

VOLUNTEERS CORNER

Have we got a deal for you! The community events season is getting underway with longer days and warmer weather just around the bend! Once again PHA will be sponsoring the Community Garage Sale on Friday and Saturday, June 4^th and 5^th from 9 – 3, and we need one or two good people who would be willing to take names of participants over the phone and draw up the map that will be handed out.

If you’d rather be fishing, please call Doug Stephenson, 303-841-3524 to let him know that you’d be happy as a clam to help with the Kids Fishing Derby on Saturday, June 12^th, from 2 – 5:30 P.M.

For those who don’t get rid of all those nifty garage sale items on the 4^th and 5^th, just two weeks later on June 19^th from 7 A.M. – 2 P.M., we’re planning something to make your life a little easier. As in the past few years, we will again be sponsoring the Large Item Drop-off at our RV Storage Lots across Parker Road opposite North Pinery Parkway. Volunteers are needed to direct people, check PHA memberships (membership is required for participation) and collect the nominal fees.

Summer wouldn’t be complete without the Pinery Pedal, this year to be held on Saturday, August 14^th, according to Tom Kimball who has again generously agreed to head it. Tom will need lots of help with registration, picnic arrangements, safety, supervising of individual events, setting up the bike courses and other facets of this much loved Pinery tradition.

People tell us that they have lots of fun being part of these events and we think that you will too! Give us a call at the office, 303-841-8572 to let us know which activities interest you, and we’ll take it from there. A community gains its strength from those who participate!

VOLUNTEERS NEEDED FOR RV LOT EXPANSION

We are still hoping to recruit two residents, who are Professional Engineers in the civil and/or electrical engineering fields, to work with PHA Board member, Dave Kristick, on getting a third RV storage lot built within the next year. There is need for more RV storage space as we are no longer able to accommodate all those who need to store vehicles away from the residential area. If this is something that you could help with, please call the PHA Office, 303-841-8572, and leave your name and number.

SPRING LAWNMOWER BRIGADE
  NEEDS MORE VOLUNTEERS!

   The "Stealth Lawnmower Gang" has picked up two recruits since the last issue, but a few more are needed if the entire North Pinery Parkway is to be done. Anyone who is interested in joining this great group of volunteers should call the PHA Office, 303-841-8572.

BINGHAM LAKE NEWS

The ice has been off the lake for several weeks and the fishing season is off to a good start. PHA has 1999 Lake Use Permits available in the office, open 9 – 3 weekdays. Permit revenues are used for stocking the lake with fish, and the cost is shared jointly by PHA and the Pinery Water and Wastewater District. PHA also funds recreational use of the lake by providing maintenance of the dock boat ramp and the picnic and parking areas. Because this is a private lake for use by Pinery Water District members and their guests only, no state fishing license is required. The purchase of a Lake Use Permit, required for use of the lake, returns far more in pleasure than the nominal $10 cost.

NEWS FROM THE WATER BOARD

David Eyre, Director
Civil Engineer, P.E.

In the last newsletter article, I talked about the safety of District members who use the Bingham Lake area during the winter months. In particular, I talked about avoiding the thin ice of the lake for fishing or other activities. Potential danger of winter lake use was painfully shown through the recent deaths of two area ice fisherman, who broke through thin ice while fishing. We can avoid tragedies of this sort here in the Pinery by heeding the rules and regulations for safe use of Bingham Lake. We wish to preserve this wonderful part of the Pinery and can only do that with the assistance of District members.

Many of you who drive out the South Entrance of the Pinery or down Parker Road towards Franktown have noticed the construction and other activities in the South part of the District. Part of this is the expansion of facilities needed to complete the water system that supports all parts of the Pinery. With the recent growth, we are expanding the water system to meet the needs of all District members and to ensure adequate water pressure and service. We have tried to minimize the disruptions on the system during this time frame and ask your patience as we go through this much needed work. If you do experience problems, please feel free to notify us at the main office and we will do our best to correct the problems.

I also talked in the last newsletter about an invitation to conduct visits to the facilities of the District. If this is of interest to you or any groups within the Pinery, please feel free to contact the District Office to make arrangements for a tour. The water and wastewater managers and the District employees are very proud of what they do on a daily basis and only wish for the opportunity to display their skills and work efforts to special groups and members of the District.

If you or any other member of the District have questions or concerns on this issue, please contact the District at 303-841-2797. If you wish to discuss this or other District business, we would encourage you to attend the regularly scheduled meetings, held at the District Offices, the second Tuesday of every month, at 7 o’clock in the evenings.

CENTENNIAL MATERIALS McLAIN PIT UPDATE

   They’re back!!! Centennial Materials has applied to amend its permit to conduct gravel mining up to 40 feet below the water table. A little history: In 1995, the Franktown Citizens’ Coalition (FCC) led community efforts along the Highway 83 corridor to oppose the expansion of McLain Pit from 10 acres to over 100. The County Commissioners denied Centennial’s application for expansion. Centennial then sued the county and the commissioners settled out of court, allowing Centennial close to their original application for the expansion but did limit the dry mining operation to 8 years.

If this amendment to the current mining permit is approved, impacts on the Highway 83 corridor will be great . Major issues include the negative impacts on our water resources, downstream water supplies, and wells, environmental deterioration, and major traffic issues on county roads and state highways. Letters were sent to the Mined Land Reclamation Board (MLRB) and Douglas county officials opposing this amendment to the current mining permit application. Check the Pinery web site for updates on the status of the application. Your support may be needed for opposition to this expansion to be successful!

IREA REPORT ON POWER OUTAGES

Pinery residents experienced several power outages during December and the causes were questioned at the PHA’s January meeting. IREA has responded that overloading and resulting imbalanced circuits in the substation caused the outages. The situation was exacerbated by the below zero weather and holiday lighting loads. Components were replaced and upgraded to alleviate future problems.

LETTERS TO THE EDITOR

 Dear Homeowner’s Association,

 I would like to thank you for printing Joan Beasley’s interesting letter regarding the Pinery’s Traffic Safety Watch. (January 1999 newsletter) I can understand the way she feels, but I thought another perspective might calm her fears. Many of the residents I spoke with in the Pinery were very happy about the program. I would imagine that I speak for them as well as myself when I say I never felt that the program was based on the concept that the government at all levels must control and dominate the citizenry. Conversely, I saw the concept as being one of citizens taking action when their peace and safety were threatened.

The idea that non-professional law enforcement personnel were being used to control their neighbors, I think, is misguided. These residents were trained, had no enforcement authority, and were put in place not to control, but to educate and remind their neighbors about safety and good road manners. They were not allowed to mete out punishment, nor has any evidence ever been presented that they have personality problems or a rabid compulsion to control and/or dominate those around them. To me the problem lies more with those residents who exhibit such incredible lack of trust of those operating this program.

It also lies with the ones who can’t discipline themselves to remain within 10, 20 or even 30 miles per hour of the speed limit—especially near schools during dismissal time. I have been shocked to even see parents with kids in their cars doing exactly that. The other problem is teenagers, and as a parent, I would be pleased to get a note from the sheriff if one of my kids was caught speeding. Then I could justify taking away the keys and know I might be saving someone’s life. This is the only way I can think of to address this particular aspect of the problem.

This is not some Nazi plot to take away our freedom… it is a way to give us some more. The freedom to walk on the roadside without fear, the freedom to let our kids walk to friends’ homes, the freedom to plant trees in our yards without fear that they may be mowed down, the freedom to believe we won’t find today’s fawn dead in the median strip tomorrow. I’m glad I live in a country where I am not only free, but where I know we can find ways to encourage people to act responsibly without fearing some Gestapo takeover. And I know I can trust the PHA to do what’s in the best interest for the majority of Pinery residents.

Debra S. Dieter