Justice Department Takes RMCC's Case 

By Betty Parham    
BettyP@lhvc.com  

Rocky Mountain Christian Church (RMCC) has gained a powerful ally in the battle against Boulder County over the church's right to undertake a 132,000 square foot expansion project on its property in Niwot.

The U.S. Justice Department (DOJ) has joined with the church in the legal fray that erupted after the county denied the church's request for an expansion that would have included the construction of a number of new buildings and approximately 500 new parking spaces.

As a result of the denial, the church filed a lawsuit arguing that the county had unduly burdened its members' right to worship, thereby violating the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that states governments can't impose a “substantial burden” on religious exercise unless there is a compelling government interest to do so.

The county has argued that the expansion would be a clear violation of existing land use regulations and has also claimed that RLUIPA is unconstitutional.

It is not surprising that the DOJ would involve itself in a case involving a constitutional challenge to RLUIPA. However, it is not clear what the specific impetus was for its involvement in the Boulder County case.

There is a procedural rule that requires a party challenging the constitutionality of a federal statute to give notice to the government, which the county complied with. “Since we raised that defense, the possibility of the Department of Justice intervening was always out there, so I am not surprised,” said David Hughes, the attorney for the county.

According to Hughes, however, “They filed a pleading that they were contemplating intervening prior to us filing the notice.”

Amy Nafziger, a lawyer for the church, denied asking the DOJ for help.

“Decisions to intervene are made at very high levels,” said Charles Miller, a spokesman for the Justice Department, who did not have specific information on how the federal government got involved. “Sometimes we may actually see a newspaper article about a case which could prompt federal involvement,” he said.

 Once the DOJ has been notified of a constitutional challenge, there are certain parameters that are considered when intervention is considered. These generally include considering the legitimacy of the claim, the likelihood of prevailing, and whether they feel the underlying issues warrant defending, according to Jeffrey Dorschner with the US Attorney's office.

It is premature to speculate what specific arguments the DOJ will put forth in support of the church's case. As it stands now, its attorneys have only filed a motion indicating their intention to intervene and requested permission to file a brief by July 31 responding to the county's motion to dismiss the church's lawsuit.

Ultimately, one of the issues at stake in this case, which could take years to conclude, is what influence a local government can have over the expansion plans of a religious institution in a community and whether pre-existing local zoning laws can constitute a “substantial burden” on religious exercise.

RLUIPA was passed by Congress during the Clinton administration in September, 2000. Subsequently, the Bush administration created a special office dedicated to its enforcement. Through 2005, the DOJ has been involved in 25 cases where religious organizations have clashed with local governments over zoning issues, according to reports from the Religion News Service (RNS). In those instances, controversy was as common to the proceedings as were the actual court filings.

Derek Gaubatz, a director of the Washington based Becket Fund for Religious Liberty, which represents religious institutions in similar cases, said in an RNS article that “zoning officials are used to running their fiefdoms and having the final say, exercising discretionary criteria in a discretionary way that hurts religious houses of worship.”

On the other hand, Rockaway Township, NJ Mayor Louis Sceusi, who clashed with the Justice Department over church land use issues, said, “I believe they are infringing upon a local government's ability to govern its own growth. Clearly they do not have a first hand knowledge of the area that they're dealing with. I do believe it's an issue of states' rights.” 

Issues about initial government involvement have also arisen in previous cases. Madelyn D'Enbeau, who was counsel in a case involving a church in Maui, Hawaii, raised questions about the transparency of the process. After the case ended with a $700,000 settlement payment to the church, the county asked the DOJ to explain why it came after them in the first place.

According to D'Enbeau, they never got an answer. “If they really truly felt that Maui County had improper procedures that didn't protect religious rights, we want to know what it is that you think we're doing wrong.” The article also pointed out that the man appointed as the Justice Department's special counsel was Eric Treene, who formerly worked for the Becket Fund. 

 

Left Hand Laurel Katherine Ann Webster

 By Julie Fowler
JulieF@lhvc.com  

Folks who know Katherine Ann Webster don't struggle for words when talking about this Gunbarrel resident's volunteer endeavors. They use adjectives like “involved,” “delightful,” “meticulous” and “willing.” So it comes as no surprise to her acquaintances that Webster is this month's Left Hand Laurel.

Webster may be best known as the founder of the annual Niwot United Methodist Church Tea, which in its three-year history has raised $17,000 for local charities. But Webster's other volunteer work includes being co-treasurer for Heatherwood Elementary school's PTO, a leader for her youngest daughter's Daisy troop, and liturgist at Niwot United Methodist Church.

For Webster the key is following her passions. “My passion is wanting to do what God wants me to help with,” said this graceful mom, who speaks with an enchanting southern accent. Her job, before becoming a full-time mom to daughters Chandler and Kelsey, was in sales. Her education was in banking.

When Webster was asked to serve as president of her church's United Methodist Women's group, which at the time had six members, she took the opportunity to put together an event that raises money to help others.

“They were giving $200 a year to charities,” Webster said. “I thought we could do so much more than that.” That's when she came up with the idea for hosting a “southern-type, old English tea.”

In its first year, the tea raised $2,000. The second year, a silent auction was added and $6,000 was raised. And this year, the tea generated $9,000. Every cent is donated to local charities in the community.

Niwot United Methodist minister Matthias Krier said he is grateful to Webster and her committee for providing the opportunity for church members to “stretch so far beyond themselves.”

Krier also praised Webster's willingness to help with so many aspects of regular and special church services. “When she reads scripture, she has this sense of presence,” he said. “When she reads scripture, it's like poetry.”

Now that her girls are both at Heatherwood, Webster said her passion is shifting once again. “I see how much help the school needs raising funds.”

Not only is Webster involved in many school activities through her role as treasurer, but she is generous with her time in other areas, too, said PTO President Katie Wright.

Part of what makes Webster such a joy, Wright said, is her ability to keep her perspective. She has an easy going attitude and doesn't let events stress her out. When Webster commits to helping with a project, Wright said you can count on it getting done well and with enthusiasm.

“She's very careful where she puts her time,” Wright said. “She'll ask, ‘Where can you best use me?' She's a gracious volunteer. She's definitely somebody who anybody would sign on to help with a project. She makes it such a fun and positive experience.”

For Webster, it just comes naturally. She said, “I feel very fortunate I haven't had to go back to work yet and that I've been able to use some of my God-given talents.” 

Photo by Julie Fowler

Gunbarrel resident Katherine Ann Webster volunteers her time for causes she's passionate about, including the United Methodist Tea and
Heatherwood Elementary PTO.

 

 

 

Niwot's July Fourth Festivities

By Betty Parham    
BettyP@lhvc.com  

 Enjoy the Fourth of July with a good old-fashioned celebration of American Independence. The Niwot Business Association has planned some red, white and blue family activities that include a pancake breakfast, a parade and a concert, plus the dedication of the old “chemical” fire cart on Second Avenue after the parade.

Breakfast

Get an early start on July 4th celebrations at a pancake breakfast, hosted for the third consecutive year by Niwot Market. Vittles include pancakes, sausages, eggs, green chilies, orange juice and coffee.

As in previous years, this event is a fundraiser. This year the proceeds will be used for the willow carving project. The carvings, which will define the entrance into town, may include Arapaho Indian and historical themes.

Where: Niwot Market, 7980 Niwot Road

When: July 4, 7:30 a.m. to 10:30 a.m.

Cost: $5 adults, $3 children. 

Parade

Everybody loves a parade, and no less than everyone is invited to observe, participate or volunteer at Niwot's old-time Fourth of July parade. This year, the parade will include fire trucks, vintage cars, horse riding lawmen, Boy and Girl Scouts, 4 H'ers, various honorees, an unknown number of animals, tons of flags, patriotic music, and citizens young and old.

If you want to march, bring along your pets (dogs, cats, llamas, goats and ferrets all permitted), bicycles, wagons, riding lawnmowers, costumes, or whatever you can drape in red white and blue, and join the fun.

As for Old Engine #10, this year Dick Hicks will be driving with Mike Holubec and Red Southern riding along. The three founded the Niwot Volunteer Fire Department in 1968.

The parade forms at 10 a.m. at the Cottonwood Shopping Center and is scheduled to begin at 10:30 a.m., ending at Whistlestop Park at approximately 11 a.m. 

Volunteers are needed to help marshal the parade. Call Tim Wise at 303-652-2888.

 

Fire Cart Dedication

After the parade, the public and all current and retired volunteer firefighters are invited to attend a brief celebration of the return of the old “chemical” fire cart to its original home on Second Avenue. The cart, which has been outside the Mountain View fire station at Niwot Road and Longview Road, is being returned to the 1910 firehouse where it was originally housed.

The old firehouse currently serves as the Niwot Historical Society museum and is located beside the Left Hand Grange Hall. Mike Holubec, one of the founders of the Niwot Volunteer Fire Department in 1968, will tell its history.

 

Where: Old Fire House, Second Avenue, next to Grange Hall

Time: After the parade approximately 11:15 a.m.

Cost: Free

 

Fourth Of July Concert

Rousing, foot-stomping music will wrap up Niwot's July 4th celebration at a concert which will begin right after the parade at the bandstand in Whistlestop Park. The Niwot Community Band and the Rocky Mountain Banjos, sponsored by local businesses and the Scientific and Cultural Facilities District, will provide music. Some seating is available, but bring your own chairs or blankets to be sure to stake out a spot. And don't forget the sunscreen.

No July 4th bandstand concert would be complete without ice cream and watermelon, which will be provided free of charge. Food and beverages will also be available for a fee.

Where: Whistlestop Park bandstand.

When: Begins 11 a.m. and lasts until 1:30 p.m..

Cost: Free. 

Photo by Mandy Sutyak 

Come celebrate our nation's independence with a pancake breakfast, parade and great music. This year we'll also celebrate Niwot's volunteer firefighters when the old “chemical” fire cart is moved back to its original location.

 

 

 

 Summer's Here, Take It Outside 

By Shari Phiel
ShariP@lhvc.com                                                

The languid days and cool summer evenings naturally lend themselves to casual get-togethers. What better time to invite friends and family over for a backyard bash? According to the Barbeque Industry Association, nearly 75 percent of U.S. households own a barbeque grill. Although more Americans are entertaining outdoors year-round, summer is, by far, the most popular season.

Whether you're thinking of something simple like a family style barbeque, a poolside surfin' safari or an elegant garden party, there are enough ideas to suit anyone's tastes. Here are a few tips to help make that party more enjoyable.

Start with the basics. While most people jump right to the party food and décor, don't forget to have a back up plan for rain. Depending on what type of party you're planning, or how many guests you invite, you may be able to set aside room inside your home if the party suddenly needs to move indoors.

Don't have enough room inside and don't want to use the family camping tent? Rent a tent, chairs or whatever you need, then decorate with wildflowers, soft lighting and colorful linens. Rental City in Gunbarrel has everything from tables and tents to flatware and flooring.

One unfortunate downside to entertaining al fresco is pests – you know, those winged, biting terrors like mosquitoes, wasps and flies. Boulder County Public Health recommends using deet repellant, wearing long sleeves and pants, and making sure all standing water is drained to reduce the chance of being bitten. Although the efficacy of citronella candles has been questioned, they certainly can't hurt and are readily available in different colors and sizes at NicNats in Niwot. 

            NicNats' owner Lisa Tilley also suggested using the bounty of nature and the great outdoors to help decorate, with the vibrant colors of summer fruit and foods in your table settings, lights and flowers. “I tell people to use plain, solid color plates, instead of ones with patterns, to match the party and food.” Tilley said.

The store carries a variety of jewel-colored ceramic and paper plates, napkins, napkin rings, utensils, place settings, invitations and much, much more. Just stop by and let her know what you're planning and she can help you with some creative ideas.

Jacque Stauffer, owner of Flowers in Bloom in Niwot, also likes to use “bright colors that scream celebration,” and creative ideas. “For a Jimmy Buffet party I would put parrots in trees, use Corona bottles with a single hot pink gerbera daisy, fill margarita glasses with white clustered carnations and throw a lime on the rim,” she said.

She also recommends keeping the time, temperature and environment in mind when choosing decorations. Choose flowers that can take the heat for daytime events and secure centerpieces and containers to resist wind during afternoon rainstorms. Also, make sure centerpieces are low enough that seated guests can see over the decorations instead of playing peek-a-boo with the people across from them.

            Stop by for free decorating ideas or party planning walk-through and if you mention this article, you may be eligible for a discount on your next purchase.

In planning beverages for your party, instead of stocking a full bar, which can be costly, try offering a single drink with different flavors like daquiris or lemonade (both with and without alcohol).

Tall, ice cold drinks are a must to beat the heat. George Keeler of La Cavasita recommends their Party Pleasers of red and white wines, which are lighter and crisper for summer foods and lower in tannins and alcohol as recommended for summer.

Jackie Thompson of Boulder Creek Winery, which recently won four gold medals and three silver medals at two international wine competitions also had suggestions. Their 2005 Riesling is great alone or with fruit or cheese, or with spicy Asian, Indian or Cajun cuisine. The 2005 White Merlot is perfect for hot summer days, brunches, appetizers and pate. Try the 2005 Fume Rouge or 2005 Chardonnay with fish or shellfish, and the 2003 Claret is great with grilled steaks and barbeques.

To keep your party simple and relaxed, Justin Hirschfield of Niwot Market noted, “Light, colorful and cold foods are best.” Use fresh salads and seasonal fruit that can be prepared ahead of time, refrigerated and then set out just before the party. With summer temps reaching into the 90s, he added, “[You] don't need to heat up your house with ovens and stoves.” And the less you have to do when guests arrive, the more time you will have to spend with them.

No matter what type of shindig you're planning or how many people you want to invite, your local Niwot and Gunbarrel retailers can help you give a fun and lively party that will create lasting memories.       

 

Photos by Allison Forke  

Justin Hirschfield from the Niwot Market deli suggests this fresh spinach salad with feta cheese and raspberries for summer entertaining

Flavorful dishes from the Niwot Market deli, like their Key Lime pie, fresh fruit chunk salad, spinach quiche, sun-dried pesto and fresh salsa, can be a great addition to your table. 

Boulder Creek Winery won four gold medals and three silver medals combined at the International Eastern Wine Competition and the 2006 Taster's Guild International Competition.

 

 

 

 

Mountain View Fire District Faces Budget Cuts 

By Shari Phiel
ShariP@lhvc.com  

            In early May, 2006, voters rejected by a nearly 2-to-1 margin both a general operating mill levy and a bond mill levy proposed by the Mountain View Fire Protection District (MVFPD). 

            The proposed levies were intended to provide funding for additional firefighters, EMS personnel, new fire stations in Erie, Dacono and Mead, renovations for the Niwot and Central Fire Stations and funding to update equipment.

            Board President Judy Rusk met with residents from local communities after the elections to better understand taxpayers' reservations.  Chief among the concerns was accountability for how and why district funds are spent.  Residents would like a better understanding of why additional funds are needed if district revenues have more than tripled in the last decade, heavily outpacing population growth and call volume increases.

            During the MVFPD Board of Directors meeting on Monday, June 19, board and staff members agreed that to better facilitate understanding, several options need to be considered. These options include forming an accountability or “blue ribbon” citizen panel and hiring an external consulting firm that will not only help them understand taxpayers' concerns, but also how to address those concerns appropriately. 

            With the levies failing to pass, the district cannot fill new positions, build new stations or renovate existing stations.  Current national safety standards call for a minimum of three firefighters to be dispatched per truck.  This standard allows two firefighters to enter a burning structure while leaving one firefighter outside to maintain equipment and, if needed, rescue colleagues. 

            The MVFPD currently is only able to send two firefighters per truck.  Not only does this situation leave firefighters unable to watch and maintain equipment such as hoses outside the building, but it puts those entering the building at risk as well. 

            The board also discussed immediate impacts to the current year budget as a result of the levies' failure to pass. Cuts will be made to administrative expenses, recruiting incentives, fire prevention programs, and training classes and programs for firefighters and EMS personnel.  As the year progresses, other cuts and changes may become necessary.                      

            With 4th of July fireworks, increasing dry lands and high temperatures, the district looks to be facing a tough summer, both this year and possibly into next year as well. 

 

Enter The Courier's Blue Ribbon Dessert Contest 

            Is your best dessert recipe a potential Blue Ribbon winner? Do you make a sumptuous fruit pie from a recipe handed down from your grandmother? Now is the time to step up to the dessert plate (as it were) and take the challenge to see who makes the tastiest sweet treat in the Left Hand Valley.

            Put your dessert to the test in the Left Hand Valley Courier Blue Ribbon Dessert on Nostalgia Day, Sept. 9. Categories include: pies & cobblers, cakes, cookies, bars & brownies and there is even an “other” category in case your dessert defies description.

Judging criteria will be taste, creativity and presentation. Judges include a professional chef and members of the newspaper staff, and prizes include a coveted Blue Ribbon to all category winners

The Grand Prize for the overall winner is a fabulous family dinner provided by a professional personal chef from the Colorado Cupboard.

Individual category winners will receive a cooking class valued at $75, also provided by the Colorado Cupboard.

Most important, you'll have bragging rights, plus your fifteen minutes of fame and your winning recipes published in the Left Hand Valley Courier.

Check the August issue of the Courier for more information.

 FasTracks Rolls Forward 

By Claire Chase
ClaireC@lhvc.com  

            The third of three community working group meetings for the Longmont Diagonal Rail Project (LDRP) was held June 21 at the Marriott Meeting Place in Longmont. The project and its purpose were re-capped by Tim Baldwin, URS Consultants Project Manager. So far, LDRP has conducted an extensive engineering study, initial environmental impact studies (EIS), initial station analysis and design processes based for the Boulder–Longmont extension of the U.S. Hwy 36 FasTracks project.

            Two significant developments have taken place since the last meeting. First, station sites in Gunbarrel are being re-evaluated due to new information. Second, the types of trains being considered by the commuter rail technology analysis have been narrowed.

            At the previous working group meeting in March, the project team announced that it would propose the West Gunbarrel site on the southwest corner of 63rd street and Hwy. 119 as the favored site for a train station. However, new information brought to the attention of the team by the owner of one of the buildings in the office park changed things.

            The vacant building, which was formerly occupied by Intrado, has sensitive, highly technical equipment and machinery that would be negatively impacted by a train station. According to Julie McKay of CDR Associates, lawyers representing the building owner alerted the project team that the owner anticipates renting the office space to a high-tech or telecom–type of company again, but has expressed a willingness to work with the team in finding a more feasible location for a station in Gunbarrel. As a result, the LDRP project team has chosen to re-evaluate sites in Gunbarrel, including both the east and west 63rd Street sites, as well as any other qualified sites in the vicinity.

            The technology analysis has eliminated all but two types of trains for the Longmont extension. Still under consideration are Diesel Multiple Units (DMU) and Electric Multiple Units (EMU). A DMU is propelled by a diesel motor rail car. An EMU is a self–propelled electric car or cars powered by electricity from overhead wires or an electrified third rail. The third rail option has been eliminated from consideration due to safety concerns.    

            The next steps include combining US 36 studies with each of the Denver, Boulder and Longmont studies. Since FasTracks is locally rather than federally funded, RTD will complete the environmental process with the U.S. Army Corps of Engineers. A complete environmental evaluation will be written for Denver-Boulder Longmont. 

            Public meetings will continue as the process continues and will include community stakeholders from along the Denver-Boulder-Longmont route.

            Find detailed information about FasTracks on www.rtd-denver.com or contact Meghana Shaw of CDR Associates 303-442-7367, mshah@mediate.org.

 

 Niwot Farmer's Market Swings On Thursday Nights 

By Mary Wolbach Lopert  

According to Pam Martin of Boulder Creek Events, the June 8 opening for the Thursday night version of Niwot Farmer's Market was a smashing success. An estimated 500 people attended.

Best news is that there are new booths including Rocky Mountain Kettle Corn, Boulder Creek Winery and Blissful Family, which makes natural toys and also offers free crafts for kids. Also new to the market is Kim Brown who does doll and card making crafts for kids; also free. Additionally, Boulder Creek Events has purchased its own bouncy house so it will be a permanent fixture at the market.

On the adult side, “Girls On Top” performed some great sets followed by Niwot's own Rockin' Robin in Roxoff June 22.

As a note to adults, Martin wanted it to be known that the $5 cost for a glass of beer helps subsidize the live music for the market, as well as the extras like the bouncy house.

The Farmers' Market includes free concerts every Thursday and every Sunday, with Niwot singer/songwriter Kevin Dooley performing on acoustic guitar July 2 and July 16.  The Thursday night schedule includes Dan Walker and the Sky July 6, with salsa band Onda on July 20. Niwot area musicians will play July 13.  Mojo Mama, featuring former Niwot High music teacher Doug Carmichael, is expected to play later with the date to be determined.  Area musicians interested in performing at the Niwot Farmers' Market should contact Kara Wiegand at 303-652-4942.

Photo by Curtis Jones