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Truth … or scare tactics?

The Falcon Incorporation Committee is kicking up their heels at the idea of Falcon becoming its own city. They say if things remain status quo, Falcon will likely get lassoed by the big city to the west. But hold your horses, the big boys don’t just ride in and claim the land by throwing a stake in the ground.Is the annexation argument a scare tactic or truth? Who is listening? The committee hasn’t addressed the public since September 2005.Committee member Carolyn Myers said public meetings have not been held because there isn’t enough information available. However, the Web site lists the following information (unedited): “Falcon’s boundaries will cover 12 square miles and 4200 people. Based upon 2004 sales tax figures, the Town of Falcon will have an annual budget of $752,000.This is sufficient revenue to provide for roads, police protection and a lean efficient town government. The Town of (based upon 2004 sales) will only have a 1.6 % sales tax and NO property tax.”The FIC also sent letters to residents who own 40-acre-plus parcels within the proposed boundary areas.One recipient of the letter shared its contents with the NFH.FIC members Tom Cline and Marcus Short signed the letter, which included a consent form that 40-acre-plus property owners could sign and return to permit inclusion of their properties into the “town of Falcon” (proposed boundaries).In a follow-up phone call to Marcus Short, he said Colorado statutes mandate the FIC send consent letters to the 40-plus-acre property owners. “The 40-acre letter has to go out but is not supposed to contain information that is for or against the incorporation,” Short said. “They (40-plus-acre property owners) must have a choice whether they desire to be included.”The contents of the letter, however, appear to persuade the property owners. The letter states the following: “As more businesses arrive in Falcon, annexation by Colorado Springs becomes an increasing probability to enable them to capture the growing sales tax revenue.” The letter also contains this statement: “If you decide to remain unincorporated, you will be vulnerable to annexation by Colorado Springs with its higher taxes. You will also be subject to the new restrictive “land use code” of El Paso County.”And another statement of support for incorporation was included in the letter: “Thoughtful planning and development should involve those of us who own land or live in Falcon and should not be controlled by officials who live in town and have no vested interest in our way of life.”Short, although he signed the letter, said the wording should have been different. Tom Cline did not respond to an e-mail but Bob Deck, another committee member, did call to say that he intercepted the e-mail to Tom Cline and could respond to questions.Two different stories on annexationShort said he is convinced a Colorado Springs annexation is in the works. The FIC states on its Web site that annexation is inevitable and does not require the voice of the people. Posted on the Web site is this statement: “Incorporation into the Town of Falcon with a Home Rule government is a two-year process and involves YOU. Annexation can be accomplished in a few months and does not need to involve you. Can we afford to wait? Once the city has started its process, it will be too late to become our own town. Will we become Northeast Colorado Springs?”Myers also maintains that a Springs annexation is around the corner. “There will not be enough time for the citizens of Falcon to incorporate if the city decides they want to annex us,” she said. “We don’t think the city will speak their intentions to annex Falcon until they are prepared to do so.”However, the city is not in the business of surprise annexations.The NFH published an article in March 2005 on the regulations governing annexation. Nothing has changed, said Bill Healy, director of planning for the city of Colorado Springs. Healy also spoke at the Falcon Business League July meeting, addressing the same issues.There are three ways the city can annex an area, and the rules cover commercial and residential property, he said.First, all of the property owners in the particular area of interest can petition the city to annex their area. The city would look at the tax base and decide if it’s a good deal for them, Healy said.The second means to annex is called an enclave. The area to be annexed must be surrounded by the city – contiguous to the city – on all sides.Third, if the city wants to annex an area where the property owners have not requested it or an area that is not contiguous to the city – whether it’s a commercial area or a residential area – it has to be accomplished through a vote. “The same vote required in an incorporation process,” Healy said.In other words, Falcon cannot be annexed by the Springs – not even the proposed Wal-Mart business center – without the request of all the property owners – residential and commercial – within the area to be annexed or without a majority vote.Falcon is not contiguous to the city, so it is not legally possible for the city to annex any area at their whim. Moreover, Healy said there are no plans to do so.”It doesn’t matter what the land use,” he said. “We have no plans of stretching the city boundaries out to Falcon. If there is a business area, which is contiguous (to the city); if all the property owners wanted to have it annexed, we might do that, but it’s not the case with any place (in Falcon) I know.”Bob Deck said the information on the Web site should be changed if it sends the wrong message.”We don’t need to do this by intimidation,” Deck said. “There are plenty of good reasons to incorporate Falcon besides a possible annexation by the city.”Rich Williams, who has lived in Falcon for 25 years, has been involved with the corporation efforts since the beginning, when there were more public meetings.Some of those meetings were heated, Williams said, but, he added, they are necessary to rouse interest and gain support. Public meetings have been lacking with the latest efforts to incorporate, he said.”I think those leading this committee are against the common people being aware of what’s going on,” he said. “There is a veil of secrecy.”Myers said that’s not true. “We’ve got everything listed on the Web site, and people can go there and call us and ask questions.”Williams said a Web site alone does not engage the community. He also said he believes a lack of leadership has stalemated the incorporation efforts.”In two years, why hasn’t there been more progress – why can’t we get it done?” Williams asked. “We need a motivator, a community leader to step up and create the fire that gets the community involved.”New municipalities depend on the involvement of residents when forming policies and ordinances. Without citizen involvement, local control may not represent the will of the community and that would be no better than government from afar.”(See related feature story, “City and county planners address Falcon Business League” by Kathy Hare.)

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