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Our Community News - Home Vol. 3 No. 2 - February 1, 2003

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Controversial Monument Lake shoreline agreement approved, connection to trustee recall suggested

View photo of disputed parcel and map of shoreline

By Judy Barnes

Jan. 21: The Monument Board of Trustees voted 5-2 to approve the negotiated settlement between the town and Ernie Biggs’ Gulf Coast Resorts. Biggs is the owner of Lake of the Rockies campground. The settlement was the conclusion of eminent domain proceedings by the town, after years of negotiations failed to produce agreement concerning land the town needed for easements and access to Monument Lake Dam. The dam was recently renovated at great expense to the town, and the trustees have expressed a shared vision of having the lake be a major attraction of Monument, with trails and picnic and playing areas.

Part of the settlement was a proposed amendment to subdivision regulations that would create a street category of "park lane" for possible use in conjunction with parks and open space areas, where access is constricted. It would allow access to what is called the severed parcel (because it is cut off by the lake access road) by a 40-foot right-of-way, the lake access road. This road is narrower than existing road types but still adequate to meet the needs of the general public and emergency vehicles. The park lane classification eliminates the need for Biggs to provide a 60-foot right-of-way, as was previously required by town ordinance.

Tim Schutz, whose home adjoins Lake of the Rockies campground, was the sole member of the public to address the board during the hearing. Schutz objected to the park lane ordinance amendment. He noted that there is not any need for access to open space except for this particular parcel; the amendment is "putting the cart before the horse." Schutz said the property to the north (the severed parcel) is not going to be landlocked, as the property owner also owns the property to the south of it. "It is a bad precedent to set. It has nothing to do with the town. It should be labeled the Lake of the Rockies Ordinance," Schutz remarked.

Trustee Byron Glenn said he could not see the point of having a classification for something that won’t be used anywhere else. Town Planner Mike Davenport replied, "Might this [road classification] be used somewhere else? The answer is yes." He explained there is a national trend toward narrower roads and right of ways, as they produce less runoff and environmental problems. Triview Metropolitan District is interested in roads narrower than the 50 feet that Monument uses. Narrower roads are cheaper to build and maintain and people drive slower for fear of sideswiping someone, Davenport added.

Trustee Frank Orten asked if this road classification was an integral part of the agreement. Murray replied that it was. Town Attorney Gary Shupp said, "Is this the simplest way to get where we’re going? Yes. It could be used elsewhere." When the roll call vote was taken, Trustee Glenda Smith voted yes, with reservation. Trustees George Brown and Christopher Perry voted yes, because Davenport said the classification could be used somewhere else. The ordinance amendment passed unanimously.

Settlement agreement a separate issue

Attorney Malcolm Murray explained the settlement agreement with Lake of the Rockies, referring to the long, complicated negotiation process that involved boundary adjustment issues. Through the settlement, the town receives 136,543 square feet of land plus 24,829 square feet of easements. [Some of that land, "a portion of the disputed 50-foot strip between the high water line of Monument Lake and Gulf Coast’s west property line," never belonged to Gulf Coast at all; see below.] Murray noted that the exact location of the easements can be altered. The town is giving to Gulf Coast 43,995 square feet of land in two parcels.

Schutz admonished the board, "This is a real political issue. Many of you are in office because the owner of Lake of the Rockies [Ernie Biggs] made a concerted effort to recall the past board. Five or six of you were backed by him." Schutz said there is a need to be totally above board with these proceedings.

Schutz also noted, "You’re not getting all of the parcels originally evaluated at $77,000." He pointed out that with parcel one, the main parcel at the entryway to the lake, the town was now getting approximately one-fourth of the parcel originally evaluated. The original parcel was valued at $52,875. The value should be more like $14,5000 if it were reduced in accordance with the size of the parcel. Schutz conceded that the town’s appraisal ($77,745) was probably low, and Biggs’s appraisal ($250,000) was probably high.

Schutz’s objections related to land use, to the absence of public participation in the process, and to the whole political appearance. To Schutz, giving away shorefront property "is not wise use of what is really the crown jewel of the community." The "disputed" 50-foot strip between the high water line of Monument Lake and Gulf Coast’s west property line actually has been town property since 1957, when the state of Colorado deeded to the town the strip of land surrounding the lake 50 feet from the high water mark. Even Gulf Coast’s own development plan noted that the land 50 feet from the high water line is town property. "It’s not good stewardship to deprive the people of the town of the land around the lake," Schutz remarked. He later added, "Giving away that piece of shoreline seems inconsistent with the vision of having trails around the lake. It seems like the kind of decision that the public should be involved in."

Regarding process, Schutz noted the adjoining property owners were not notified regarding the approval of six units on the severed parcel. He said the agreement does not specify single-family units and suggested that Biggs could be planning six apartment buildings. Normally, a developer would file a petition to amend the development plan and the adjoining property owners would be notified. The owner would have to comply with applicable town regulations and would go through the process with the planning commission, etc. In this case, no plans were submitted, and the six units were not defined. Schutz later noted that Biggs has consistently failed to abide by his development plan and has received numerous citations from the town as a result. For example, the storage units are not in the area designated by the development plan and there are four or five permanent campers, indicating that people are living there year-round, which is in violation of the approved development plan. Schutz said, "The lakeshore of Monument Lake is of great value to me as a citizen. It’s unfortunate that the board decided to convey 365 feet of that shoreline to a private developer."

Schutz concluded, "If you approve this settlement agreement, you are approving something that is tainted."

Murray said he thought it was a fair settlement that saves the town money over litigation and solves the problems. "You can require him [Biggs] to mitigate the impacts of his development. You decide what public services are required," he added. Trustee Brown voiced his concerns that the town’s development process was not followed and that they did not know what the six units were. "I think there’s no reason to put that in here. He has to come back before us. It’s wrong to have that in the agreement." Trustee Perry was also concerned with the six units. Regarding the 365 feet of shoreline Biggs was getting, Mayor Betty Konarski remarked, "That’s probably mouse habitat." The agreement was approved by a vote of 5-2, with Brown and Smith dissenting and Orten stating that he did not agree with the six-unit designation.

The settlement agreement

In exchange for land to provide permanent access to the dam and to provide recreational amenities for the lake,

  • The town agreed to create the park lane (40-foot) road classification to provide access to the severed parcel. Gulf Coast anticipates future development of the severed parcel into a residential development of up to six units.

  • The town conveyed to Gulf Coast the cabins parcel.

  • The town conveyed to Gulf Coast a portion of the 50-foot strip between the high water line of Monument Lake and Gulf Coast’s west property line to the north of the lake access road right-of-way. This 365-foot strip abuts the severed parcel, in effect making that parcel shorefront property.

  • The town allowed Gulf Coast to have driveways and curb cuts on the lake access road, both from the severed parcel and the balance of the Gulf Coast property south of the lake access road right-of-way consistent with existing use of both parcels and with the development of six units on the severed parcel. In the event of development of the Gulf Coast property south of the lake access road, Gulf Coast and its successors of interest, shall be permitted access to the lake access road from the property south of the lake access road unless the proposed development generates traffic that is inconsistent with minimum safety or capacity standards applicable to lake access road and the standards cannot be met by limiting access from that portion of the property or improving lake access road at Gulf Coast’s or its successor’s expense.

  • The town and Gulf Coast agreed to enter into a license agreement allowing certain encroachments into the right-of-way for the lake access road.

  • The town agreed to approve the subdivision of the severed parcel from the balance of the Gulf Coast property south of the lake access road right-of-way.

  • The town paid $77,745 for the property conveyed by Gulf Coast.

Ordinance amendment allowing administrative review of nonresidential minor plats and replats

The board unanimously approved this measure designed to provide a simpler process for reviewing minor plats or replats in the older business sections along Highway 105 and the historic downtown.

No BMX bikes in Monument Skate Park

In response to a request from a committee of bike riders, Public Works Superintendent Tom Wall researched the potential for using the skate park as a bike park. In October 2002, CIRSA responded to a question from Wall about allowing bikes to use the skate park. Their response was 1) If there is insufficient landing area at the top of the ramps, bikes should not be allowed; 2) Due to the size and location of each of the park features, simultaneous skate and bike use should not be allowed; and 3) If bikes are allowed to use the park, expect to perform more frequent inspections and expend much more money for repairs and maintenance.

Wall noted that the dimension for a BMX landing platform needs to be six feet between the edge and the back. None of the features in Monument Skate Park provide this safe landing area. Field surveys of skate park users indicate there will be minimal or no acceptance by the skaters for bikers using the park. "If they want a bike park, then let them go build one!" In conclusion, Wall stated, "In staying with the original intent of the skate park, complying with recommendations from CIRSA, minimizing our costs for maintenance and repair, and not alienating the majority of users, I recommend not allowing bikes in the skate park." The bike riders reportedly understood the situation and did not appear at the meeting.

The Enclave at Monument: Staff report on administrative approval of subdivision and approval of subdivision improvement agreement

The town planner approved an application by Michael and Rhonda Brennan of Mountain Desert Investments for a preliminary plat and a final PD site plan for the Enclave at Monument, located on lots 1 through 8 of block 13, of Monument Addition No. 1. This property is west of Beacon Lite Road, between 3rd and 4th Streets. The application qualifies as a minor plat, eligible for administrative review.

This portion of land was originally platted as eight single-family lots and the zoning was later changed to PRD. In 2000, the town received, and approved in 2001, an application for a preliminary plat from Terry Eisenmann for attached townhomes. Eisenmann did not pursue final approval and sold the property to the current applicant, who wishes to use the land as originally platted—eight single-family lots. The reason for the replat is to allow a portion of land to be dedicated to the town to widen what is now an alley into a conforming street.

El Paso County referral: A proposed office/warehouse at 19475 Beacon Lite Road

The applicant, Spencer Real Estate, proposed adding four warehouses and an office to the five-acre parcel. The planning department recommended a more substantial visual buffer be provided along I-25. Visual impact may be significant due to grading and removal of mature trees. Davenport recommended not supporting approval based on 1) lack of information regarding adequacy of existing roads to handle projected traffic; and, 2) the fact that the proposal appears contrary to policies to protect and enhance the visual character along the I-25 corridor. The board sent a negative recommendation to the county.

El Paso County referral: Greenland Preserve filing no. 1

The applicant, Wiepking Real Estate Investments LLC, proposed 20 single-family lots on 22.7 acres one mile east of I-25 on County Line Road. Currently one residence occupies the site. Access for this development is from Silver Horn Lane. The applicant indicated intent to preserve significant environmental areas, including trees. Davenport recommended the board support approval, which they did.

Committee/Staff reports

Town Treasurer: Judy Skrzypek reported a letter was sent Jan. 10 to Jeff Jergensen, owner of the Broiler Room, regarding his water tap fees. Town Attorney Shupp included a promissory note to be executed and returned to him or to the town. Skrzypek also reported that she would not be presenting December 2002 financial information until the town’s firm, Swanhorst & Cutler, LLC, had audited it. They will begin work for the final audit on Feb. 3.

Disbursements over $5,000:

  1. Triview Metropolitan District (Nov. 2002 sales tax) $9,614.00

  2. GMS, Inc. (9/28 to 10/25/02 services) $5,832.79

  3. CIRSA (2003 Worker’s Compensation Pool) $28,883.00

  4. CIRSA (2003 Property/Casualty Pool) 44,690.00

Citizen representative to the Pikes Peak Area Council of Governments (PPACG): Leon Tenney reported that the first meeting of the Citizen Advisory Committee (CAC) was on Jan. 15. The CAC reviewed the number of points that the 108 projects received from the staff evaluation, using the new project selection criteria for the next Transportation Improvement Plan (TIP) of 2004-2009. The entire "Enhancements group" has 26 projects, rated from 0 to 46; Monument has three projects in this group. Scores of 0 are for projects not previously presented as part of the long-range plan, titled Destination 2025. Monument’s projects received the following ratings: historic sidewalks, 0 points; I-25 pedestrian crossing at Higby Road, 36 points; trail connection to Monument Lake, 24 points. Final scoring will be done next month; then the list will go to CDOT Region 2 for prioritization and funding at state and federal levels.

The CAC also discussed the large transportation projects under the 7th POT funding. There is $200 million left at the state level for large-scale projects such as I-25 interchange projects. The State Transportation Commission and Governor Owens will make decisions on the projects that will be funded during the next few months. PPACG will meet with the governor next month to make a pitch for local projects. If funding is reinstated, then the following local projects could proceed: widening I-25 south of Colorado Springs, improving the Powers/Woodmen interchange, and some right-of-way land buys for the Powers Boulevard Corridor.

Planning Department: The planning commission at its Jan. 8 meeting recommended approval of:

  • Accessory business uses—Commissioners recommended giving the town clerk and attorney more time to comprehensively update the business regulations.

  • Park Lane street classification—Commissioners recommended that the trustees adopt the Park Lane street type, including the four cross-section options provided by TransPlan and reviewed by GMS.

The commission continued to its Feb. 12 meeting the request to update the Regency Park zone map; and the request to rezone 10 acres east of King Soopers from PRD-10 to PCD.

At its Feb. 12 meeting, the commission will likely consider the following:

  • Jackson Creek Filing 5, a proposed 89-lot subdivision north of King Soopers

  • Monument 5th Addition

  • Introduction of the comprehensive plan

Police Department: The year 2002 was a busy year for the police department. Criminal reports went from 383 in 2001 to 601 in 2002, an increase of 57 percent. In addition, the officers took 109 noncriminal incident reports, issued 918 warning tickets, and investigated 85 traffic accidents. They anticipate that as growth continues, these numbers will continue to increase.

View photo of disputed parcel and map of shoreline

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Many dissatisfied with comp plan committee final meeting

View draft future land use map

By John Heiser

Jan. 15: The last meeting of the Monument comprehensive plan steering and advisory committees left many feeling the process had broken down. Despite that, it was announced that the latest plan will be taken forward to the Monument Planning Commission for hearings starting Feb. 12.

Background

The comprehensive plan advisory committee was formed in June 2000 to develop a collective vision of the future of the Town of Monument. The stated goal was to update the 1983 comprehensive plan. At community meetings in January 2002, Mike Davenport, Monument’s assistant town manager and planner, noted that the town has experienced, "9 percent growth per year over the past 20 years." He added, "When the 1983 comprehensive plan was approved, Monument was growing by 5 to 10 houses per year. Now it is growing by 5 to 10 houses per week." This growth has left the 1983 plan seriously out of date. It does not cover the areas east of I-25 such as Jackson Creek or those south of Baptist Road such as the proposed Forest Lakes business-industrial park."

The advisory committee held numerous meetings. Part way through the process, a steering committee was formed of advisory committee members who live in the town or own land within the town. Due to low attendance at steering committee meetings, the advisory and steering committees began meeting jointly. The Jan. 15 meeting was the last of the joint meetings.

The latest plan

The announced purpose of the meeting was to "determine if the draft plan is ready to go forward to the Monument Planning Commission."

Barbara Cole, president of the town’s consultant, Community Matters, Inc., led the discussion. She noted the following recent changes to the future land use map:

  • Changes to the public park area surrounding Monument Lake

  • Changes to the open space and wetlands area north of the lake

  • Use of the downtown designation that accommodates mixed use with housing and businesses for areas east and south of the lake

  • Changes to the representation of the Forest Lakes planned industrial area at the extreme south end of town

  • Allowing light industrial in the business park areas and using the planned industrial land use category to cover all existing industrial uses

  • Replacement of the prior highway commercial land use with mixed use or downtown designations

Concerns

Touching on one of the underlying questions about the process, Lake of the Rockies campground owner Ernie Biggs asked, "What are these designations?" Cole explained that the comprehensive plan is an advisory guide for future development and that the land use designations were chosen to represent desired land uses. The designations may or may not correspond to existing zoning or even to existing zone districts in the zoning regulation. Cole emphasized that the comprehensive plan does not change the zoning on any parcels. The board of trustees, through a separate set of hearings, makes zoning changes. Davenport noted that zoning changes usually come at the request of landowners.

Davenport said Biggs’ land is zoned as a Planned Commercial District (PCD) with specific uses spelled out in a development agreement with the town. He added that the areas of Biggs’ land designated on the future land use map for downtown use could be proposed for commercial, housing, or both. He suggested to Biggs that this is an opportunity saying, "If you want to propose housing [the map indicates] that is a valid use – a group of townhouses instead of PCD commercial."

Biggs noted that some of his land is shown as public park. Davenport said that would be corrected.

It was suggested the triangle of land bounded by Jackson Creek Parkway extended south of Baptist Road on the east, Baptist Road on the north, and I-25 on the west and south should all be shown as open space. The Colorado Department of Transportation (CDOT) now owns the land and has announced its intention to hold the land as mouse habitat to mitigate the habitat lost in the I-25 Highway 105 interchange project. Davenport said that change would be made.

Objections were raised to the large area designated regional commercial center in the southern portion of the map. This is often characterized as the "North Academy look" referring to what happened to North Academy Boulevard in Colorado Springs. At past advisory committee and community meetings, significant preference was shown for designating these areas as community commercial to encourage businesses oriented toward serving the local area as opposed to big box destination retail that draws customers from up to 20 miles away. Cole insisted the regional commercial area be retained, saying it would provide fiscal sustainability and uses that would not compete with the downtown area.

Misty Acres developer Rick Rafter said the designation of his land east of I-25 and south of County Line Road as single family detached use does not match the sketch plan approved by the county. Davenport said the map would be changed to match the county plan.

Rafter also noted that private land adjacent to the Tri-Lakes Fire Protection District fire station is mistakenly shown as open space.

Bill Simpson, owner of the parcel on North Washington Street that was proposed for a Transit Mix concrete batch plant said, "I am opposed to the re-designation of my property [as Planned Industrial]." He stressed that his property is zoned as a Planned Heavy Industrial District. Simpson and Transit Mix are engaged in an ongoing lawsuit against the town over the April 2000 denial of the proposed concrete batch plant.

The vote

John Dworak, Rampart Realty partner with Mayor Betty Konarski, made a motion to forward the plan with the agreed revisions to the planning commission for hearings. Although the results of the vote were not announced, it appeared the motion failed with three people in favor, four opposed, and dozens of people not voting. Despite that, it was announced that the plan would be taken to the planning commission. This left many wondering about the process. Jim Perry, who attended as the representative of the Triview Metropolitan District, later characterized the process as "loosely run" and said, "It appears [Mayor Betty Konarski] is pushing hard to get it through."

The first hearing by the planning commission is likely to be Feb. 12, 6:30 pm, at Monument Town Hall, 166 Second Street.

**********

Copies of the draft plan are available at Monument Town Hall, 166 Second Street. For further information, call the Monument Planning Department at 719-481-2954. Comments should be sent to the town planning department.

View draft future land use map

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Monument board of trustees meeting Jan. 6

By Judy Barnes

Board of Trustees Special Meeting: Water Fund Capital Improvements overview

5:30 p.m.: Trustee Christopher Perry was absent. Roger Sams, of GMS, Inc. Consulting Engineers, and Public Works Superintendent Tom Wall presented an overview of work currently in progress on water system capital improvements. Included were booster pump station modifications, a new Supervisor Control and Data Acquisition (SCADA) system, well pump upgrades, and distribution system improvements. Sams noted that growth projections for the year 2020 predicted an increase in single-family equivalents (SFEs) of between 50 percent and 100 percent.

Addressing the need for a new well, Wall referred to Resolution 3-97 that expresses the policy of the town trustees concerning the design and construction of future wells for the town. Wall was unclear about whether the resolution was referring to "paper water" in single-family equivalents or to "real water." Paper water refers to the amount of water the courts have adjudicated to the town—how much water they can legally have out of the ground. Real water describes the amount of water they can get out of the ground, based on the capacity of the wells and the condition of the aquifer.

The resolution states that a new well should be designed when all of the water produced by wells 1-7, stated in SFEs, is being used along with 80 percent of the SFEs produced by well 8. In addition, the new well should be drilled when the town is using all of the water from wells 1-7 and 90 percent of the water, as stated in SFEs, from well 8. However, there are dramatic differences among the number of adjudicated SFEs, the number of pumping "limited and mechanically restricted" SFEs, and the number of SFEs that can be produced and still maintain compliance with the augmentation plan. That is usually two-thirds of the adjudicated water, according to Wall. Only wells 7 and 8 do not require augmentation. About 95 percent of all tributary water used from the alluvial wells 4 and 5 has to be put back. The town gets credit for sewer water returned to the stream. In drought conditions, the town has to restrict wells 1-6 to no more than 47 percent of the total water produced by all eight wells.

The town expects to have pumping capacity for 1,265 SFEs by the end of 2003. Although the adjudicated water rights are for 2,341 FTE, the "limited and restricted" production capacity, which includes limitations by decree and/or permit, is for 1,242 FTEs. So, with existing well production conditions, the town needs a new well this year. Looking only at the adjudicated water, it is not time to design or to build a new well. If the trustees in 1997 were referring to the adjudicated water, the town might not ever hit that point in their use, said Wall. "The more realistic way to look at it is our capability of providing water to the citizens in a certain amount, and that certain amount is not based on the paper (adjudicated) water, but it’s based on the real water that we can physically get out of the ground," Wall explained. The town’s ability to deliver water is limited by permits, state laws, and augmentation requirements. For example, the town can pump some wells only three days a week or can pump only a certain number of gallons from some wells. Wall emphasized the need to base decisions on how much real water they are able to get out of the ground, not on the amount of water the court says they can have.

Sams noted the town’s water supply is short due to drought and peak day demand but otherwise, "They’re in good shape." In response to a question from Trustee Glenda Smith, town planner Mike Davenport said that 60 water taps were sold in 2002 and about 50 were budgeted for 2003. Triview Metropolitan District did not impose water restrictions in 2002, but was planning to use reuse water for irrigation in 2003.

The town has a dedicated site for a new well at the south end of the Villages of Monument on Old Denver Highway. It would be most practical to have a treatment plant there, too. Trustee Smith suggested the well house be designed to look like a residence so it would blend in.

Board of Trustees regular meeting

6:30 p.m.: Brendan Fetter, of Boy Scout Troop No. 8, led the Pledge of Allegiance.

Trustee Byron Glenn said that he had checked the sight distance at the new bank, and it seemed to be okay.

Trustee Smith referred to e-mail correspondence she had received regarding the Triview Metropolitan District. She said she found the messages confusing.

West Nile Virus presentation

Lee Griffen, Environmental Health Specialist from the El Paso County Health Department, gave a presentation on West Nile Virus, a disease transmitted by mosquitoes (see "West Nile Virus in Colorado" elsewhere in this issue). There was some discussion of detention ponds that can be breeding sites for mosquitoes and whose responsibility it is to maintain them. Davenport explained that when all the lots in a development are sold, the board of homeowners usually agrees to take over the responsibility for the pond. Trustee Frank Orten volunteered to serve on a committee to develop a regional mosquito prevention and control plan.

Triview payment issue

Trustee Smith brought up the issue of the $75,000 owed to the town by the Triview Metropolitan District for the segment of Jackson Creek Parkway north of Higby Road. This is an accounts receivable from 2002. If payment is made within the first 60 days of 2003, the town can account for it in 2002, otherwise, the fund balance would be $75,000 less. Trustee Glenn explained in an e-mail message sent Dec. 18 to Town Manager Rick Sonnenburg and the other board members that he spoke with Ron Simpson, Triview district manager, and asked about the money owed to the town. Simpson informed Glenn that because this was not an intergovernmental agreement, the bondholder, Tim Phelan, wants all money within the district that is not included in operations or maintenance to be used to pay on the outstanding bonds. Glenn wrote in his e-mail that because this payment may take six months to a year to receive, he believed the town should amend the budget and include the excess $75,000 now. Mayor Betty Konarski replied by e-mail on Dec. 18 that she believed they should leave the $75,000 on the books as an account receivable because she thought they were going to get the money. "There is plenty of time in 2003 to amend that budget if we must and as we expect we will do later in the year," she added. At the meeting, Town Treasurer Judy Skrzypek explained that if the town’s fiscal year 2002 expenditures exceed revenues, they might have to amend the budget. Konarski reported the town was working with Triview to resolve the issue.

Resolution 1-2003: Designating Posting Places for Public Meetings in FY2003, and Locations for Public Meetings in FY2003

Town Clerk Anne Holliday informed the board that in addition to posting public notices at Town Hall, the town has recently procured use of the locked glass bulletin board in the Monument post office. The town also has permission to post public notices at Lewis-Palmer High School and Creekside Middle School.

The new resolution adds the post office to the existing Town Hall posting place. Holliday recommended that only these two posting places be formally included. Requiring that all of the town’s public meeting notices be posted in four places may be cumbersome, considering the number of committee and commission meetings that require posting. Holliday will post the Board of Trustees meeting notices in the high school and at the middle school. The board wanted a policy to post Board of Trustees meeting notices at the high school and Creekside Middle School whenever possible. The board meetings at Creekside Middle School have been scheduled for April 7, August 18, and Nov. 3. The motion passed unanimously.

Annual Professional Services Agreement with Halepaska and Associates

Each year, the board considers an annual professional services agreement for general hydrologic services with water consultant John C. Halepaska and Associates. The town received a proposal for FY2003, and the rates are unchanged from the FY2002 agreement. The motion to approve the agreement passed unanimously.

Disbursements over $5,000

The following disbursements over $5,000 were presented for approval:

  1. U.S. Department of Agriculture $40,271.38 (2002 principal and interest payments for 95 filter plant loan)

  2. GMS, Inc. $ 5,099.59

  3. Benefit Design Services $ 9,859.02 (January medical and dental premiums)

Skrzypek brought one more disbursement before the board: transferring $95,791.25 from one water fund cash account to another (December Water Bond Payments Taken from Water Tap Fee Account Instead of Water Revenue Fund Account). Motions to approve the disbursements passed unanimously.

Broiler Room Water Tap Fee Receivable

Skrzypek reported the Broiler Room Restaurant owned by Jeff Jergensen owes the town $15,750 for a water tap fee. On March 5, 2001, the board approved a twelve-month payment schedule for a $27,000 unexpected water tap fee expense incurred by Jergensen. Monthly payments of $2,500 began on May 15, 2001. Payments were received from May 15, 2001 through April 15, 2002. Jergensen did not respond to repeated requests from town staff or, more recently, from town attorney Gary Shupp to deal with his delinquent balance due. Shupp recommended asking for an executed promissory note, with a due date for the remainder of the money due. Such a note would make it easier if the town went to court on the matter, and it would allow collection of interest. Konarski explained that during remodeling for his restaurant, Jergensen had to upgrade the pipe, which resulted in unexpected expense. Also, he was delayed by vendors and the town. For these reasons, she wanted to facilitate the current situation for him. Shupp recommended extending the payment plan, with the provision that if the money is late, Jergensen pays interest.

Pay request for $35,710.78 from Boyle Engineering

Roger Sams, of GMS, Inc. presented the invoice for professional services related to construction administration and additional services for the Monument Lake Dam rehabilitation project from Aug. 1 through Nov. 29, 2002. It also includes some charges for services prior to Aug. 1, 2002, which have not been previously invoiced. Sams noted the invoice contained additional services required to fulfill the requirements of the Colorado Water Resources Division for final acceptance of the project. The motion to pay the invoice passed unanimously.

El Paso County Referral: Misty Acres: Filing No. 2

The El Paso County Planning Department sent the town a copy of the Misty Acres Filing No. 2 application and requested comments back by Jan. 10. The planning department advised that the board recommend approval, subject to the condition that development not occur until the county has determined, by its review of a traffic study, that roads are adequate for the projected traffic levels.

The applicant proposes 22 single-family lots and four multifamily lots on a 59-acre parcel. The proposed development is located in Tri-Lakes sub-area 7 "Woodmoor." The property is outside of Monument town limits and is not in the town’s 1983 comprehensive plan. In 1999, El Paso County adopted the 2000 Tri-Lakes Comprehensive Plan. The El Paso County Planning Commission and the El Paso County Commissioners previously approved a PUD Development Plan and Preliminary Plan for this project.

The Tri-Lakes plan identifies this area as "mixed use and/or nonresidential." The proposal does not include any business uses, which is consistent with Tri-Lakes Plan Policy 7.16: "Encourage higher intensity land uses such as new employment centers to locate within municipal boundaries where adequate services are available and in close proximity to housing for potential future employees."

Access to this development is from a proposed north-south collector that is shown on the PUD plan already approved by the county. However, the town did not receive a copy of a traffic study and therefore cannot determine whether the roads will be adequate to handle the increase in traffic.

Trustee Doug Warner expressed concern with multifamily residences in an area specified on the comprehensive plan as single-family detached housing. Davenport responded that it’s a proposed plan, not an adopted plan yet. He wants to avoid the appearance that the planning department is acting on a plan the trustees have not yet approved. He added that the residential plan is a plus, as it will not compete with the town for commercial use. The motion to accept the planning department’s recommendations passed unanimously.

Committee Reports

Public Works: Tom Wall presented a proposed intergovernmental agreement (IGA) between the Donala Water and Sanitation District, the Woodmoor Water and Sanitation District, the Triview Metropolitan District, the Town of Monument, and the Town of Palmer Lake. These entities would form an unincorporated, nonprofit association called the Palmer Divide Water Group. The group would contract with a person or entity to investigate and report on options for groundwater management and for the purchase of renewable water supplies. Wall noted that joining together would open more doors in looking for 2,000 acre-feet of water together rather than individually. Everybody else in the state is in a group, said Konarski. "It’s a recognition that Colorado Springs Utilities isn’t going to take care of us," she added. The motion to approve passed unanimously. Konarski also told of the Colorado Water Partnership, a lobbying group that seeks statewide support for water projects. The cost to join is $1,000. The town was invited to continue its membership by sponsoring a meeting in Monument, as an in-kind contribution.

Town Attorney’s Report: Trustee Glenn asked Shupp about the status of the Gulf Coast Resorts matter. Konarski said that they should be ready to resolve it by the next meeting.

Town Manager’s Report: Rick Sonnenburg reported on the full-time staff civil engineer position. He was confident that an in-house engineer could at least break even on their salary with one-fourth of the items on the list of engineering costs he put together. Parts of some projects would still be done by consultants. The staff engineer would add an inspection element. Davenport commented that GMS has done a very good job at a reasonable price. However, a staff engineer would be more efficient for the town, as he or she could attend meetings that three people—Mike Davenport, Roger Sams, and Tom Wall—are currently attending. Also, the staff engineer would manage projects. The interview team will be composed of Sonnenburg, Wall, Davenport, and Trustee Byron Glenn. A motion to send out the employment ad passed unanimously.

The meeting adjourned at 8:10 p.m.

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Triview metro board objects to comp plan update

View a picture from the meeting

By John Heiser

The Triview Metropolitan District Board of Directors held its regular monthly meeting Jan. 22. The only district residents in attendance were board members Martha Gurnick and Linda Jones.

Developer/construction manager’s report

Rick Blevins, Jackson Creek Vision Development Company, reported that 100 warning signs regarding the mouse habitat have been ordered and are being installed. They must be posted surrounding the habitat area no further than 250 feet apart.

Blevins said bids are being solicited for landscape improvements including additional irrigation. Bids will be opened Feb. 7.

Blevins reported that Classic Homes and some other Jackson Creek builders have agreed to contribute $5,000 to $10,000 each toward additional landscaping. He said his goal is to collect about $35,000 total. Board president Kathy Walters thanked Blevins for his efforts raising money for landscaping saying, "It is a tough job. We appreciate it."

District engineer’s report

District Engineer Chuck Ritter, of Nolte and Associates, reported that final scores on Great Outdoors Colorado (GOCO) grant applications will be tabulated the first week in February. Results should be announced the second week in February. The district has applied for lottery funds to improve the Heights Trail and trickle channel landscaping. Ritter said that so far the district is still in the running.

Ritter said installation of the Supervisor Control and Data Acquisition (SCADA) system to control drinking Water Treatment Plant-B is about 98 percent complete. He said 48 of the 52 sensors are working. The project was originally scheduled for completion by the end of last year.

Wastewater treatment plant

Without giving specifics, Ron Simpson, Triview district manager, said the other partners in the wastewater treatment plant—the Donala Water and Sanitation District and the Forest Lakes Metropolitan District—are at odds regarding plans for the plant.

Wal-Mart status

Simpson said he is hoping to have a meeting soon with Wal-Mart developer Goldberg Property Associates. Since the required revised traffic report has not yet been submitted, the project is unlikely to be heard by the El Paso County Planning Commission before April. Simpson added that Wal-Mart recently gave $100,000 to the Monument Academy.

Parks, open space, and landscaping

Regarding Jackson Creek entryway improvements being made by landscape company Timberline, Simpson said, "So far, I am pleased with what Timberline is doing for us." Timberline is also working on erosion control in the Homestead subdivision.

Jackson Creek Filing No. 5

Simpson reported that the proposed development north of King Soopers is moving forward and will likely be submitted soon. He drew a sketch of the plan showing a multifamily complex combined with a commercial strip and two separate commercial pads. No mention was made regarding drilling of the needed well.

Rate increase study

Simpson reported that utility rate consultant Rick Giardina proposed a $22,500 study comparing the Triview district to other districts in terms of user charges, water and sewer rates, and tap fees. The proposed study would also address water conservation approaches. Simpson said, "For the money, it is a lot of work." The board could use the study results to justify increases in its rates and fees to improve revenue. The board unanimously approved contracting with Giardina for the study. A draft of the study is scheduled for completion March 7, with the final version available at the board meeting March 26. Simpson said the goal is to implement the increased rates June 1.

Personnel policy manual

Prompted by the need to hire a clerk to handle billing, Simpson distributed copies of a draft personnel policy manual. He said he drew on the Special District Association’s model and manuals from various districts, including the Donala district and the Cherokee Metropolitan District. Peter Susemihl, Triview attorney, said, "Once you adopt these, they become a contract. They leave a lot of room for litigation." He said the U.S. Olympic Committee version was simplified but still prompted three or four lawsuits.

On employee termination, Susemihl said, "I don’t like you to lose the ‘at will’ clause in Colorado law. Once you terminate and you tell them why, then you are subject to [the policy manual]."

Simpson said that once Triview takes over operation of its facilities, it will have to institute drug and alcohol testing of operators. Regarding a general drug testing program, Susemihl said, "It is easy to test as a condition of employment. It is difficult to test once they are employed unless they operate equipment."

Walters suggested the issue of drug testing be deferred "until we have some operators and then do an operators agreement."

Dale Hill, district administrator, suggested they postpone further discussion until she can get information from Susemihl and distribute it to board members. Walters responded, "As usual, Dale is right."

Water conservation

Simpson reported the Colorado Legislature is looking at measures to encourage conservation. He noted that Aurora has purchased a lot of junior water rights, meaning they have a right to the water only if the senior water rights holder does not need the water. He said, "Expect big problems in the Denver area this summer."

He said the Palmer Divide Water Group of northern water providers has not yet looked at conservation, but the study by the El Paso County Water Authority did address it.

Simpson added, "The best program is a stepped-up rate increase. Hit them in the pocketbook." He said the rate issue will be discussed further at the Feb. 26 meeting, and new rates will be adopted at the March 26 meeting.

Blevins noted, "The covenants don’t say there must be x square feet of grass. They say ground cover. It doesn’t have to be sod. It could be rock with so many plants every 100 square feet."

Road repairs

Simpson reported 18 locations need road repairs. The board unanimously approved expenditure of up to $7,000 for the repairs.

Drainage Master Plan

The board unanimously approved the drainage master plan distributed last November.

Billing personnel and equipment

The board unanimously approved funds to hire a clerk and purchase a handheld meter interrogator and training, a bulk mail permit, computer system and software, and 100 meter kits. Simpson said that since the conversion to in-house billing will not be completed by the end of the first quarter, Donala has agreed, for $3,500 per month, to continue to handle Triview billing as needed through the second quarter.

Sewage spill

Simpson reported that on Jan. 20, 45,000 gallons of sewage in the Creekside area leaked from the sewer system into the storm water underdrain system and contaminated a detention pond. He said the El Paso County Health Department was notified, the leak was fixed, sewage was removed, the contaminated area was disinfected twice and covered, and signs were posted.

Monument’s Draft Revised Comprehensive Plan

Board member Jim Perry reported that at the comprehensive plan meeting Jan. 15, the vote of the combined advisory and steering committee did not support approval of the plan but still the plan will be taken to the Monument planning commission. Perry characterized the process as "loosely run" and said, "It appears [Mayor Betty Konarski] is pushing hard to get it through."

Blevins said the Jackson Creek Vision Development Company has not been given a copy of the latest plan.

Simpson said, "[The town] still hasn’t responded to our January 20, 2002, memo." He said from the district’s point of view, there are many remaining problems with the plan. In particular, he said the imposition of an I-25 overlay is "an attempt to kill big box [stores]." He added, "Everybody wants to fight the big, bad developer. We are caught in the middle. Some of this will directly cut revenue to Triview."

Simpson said the proposal in the plan to use the prudent line principle in building near drainage ways "would sterilize an unbelievable number of acres."

He said, "The plan shows trails through mouse habitat. The impracticality of some of the stuff in here diminishes the credibility of the effort."

Simpson also objected to setback, buffering, and environmental impact analysis requirements. He expressed concern about the intention to implement the plan through changes to the town’s zoning and subdivision regulations.

Susemihl concluded, "The plan may be a violation of existing agreements between the town and the district."

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The Triview Metropolitan District board of directors normally meets on the fourth Wednesday of each month, at 6:30 p.m., at the district office, 174 N. Washington St. The next meeting will be Feb. 26.

For further information, contact the Triview Metropolitan District at 719-488-6868.

View a picture from the meeting

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Palmer Lake town council workshop/meeting Jan. 6

By Judy Barnes

West Nile Virus presentation

Lee Griffen, Environmental Health Specialist with El Paso County Department of Health and Environment, gave a presentation on West Nile Virus, a disease transmitted by mosquitoes (see "West Nile Virus in Colorado"elsewhere in this issue). Trustee Scott Russell volunteered to serve on the committee to plan regional mosquito prevention and control.

Intergovernmental agreement (IGA) with the Humane Society of the Pikes Peak Region

Police Chief Dale Smith explained that his department needs a backup system for dealing with vicious dogs. If police responding to a call regarding a dog have some indication that the dog is from the town, they’ll take the dog to Sundance Kennels in Palmer Lake. The kennel owner, Wilma French, has always taken in dogs at no charge to the town, but she cannot take diseased or vicious dogs.

Leslie Yoder, from the Humane Society, discussed the services her agency offers. In 2002, ten animals were brought in from Palmer Lake. The town did not have a contract with the Humane Society and was only charged for one vicious dog at large. Normally, the Humane Society charges $10 per day for board fees, which is far less than the actual costs. Trustee Susan Miner asked if the town could renegotiate the contract if they brought fewer animals in during the previous two quarters. Yoder said she would have to consult the finance director. Smith pointed out that the town has gotten service over the years without paying. Trustee Randy Jones thought it might make more sense to pay on a case-by-case basis. The trustees voted unanimously to approve the IGA.

Agreement for construction of acceleration/deceleration lanes—Willow Creek

There is a subdivision bond for 125 percent of the cost of the lanes. Work must be completed by June 30, or the town will use the bond money to complete the work.

Water service surcharge

Mayor Nikki McDonald wanted Palmer Lake residents to understand that the $10 surcharge being added to bills for monthly water service is the cost to run the well. "We are not subsidizing developers," she added. The trustees discussed exemption from the surcharge. Residents need to request an exemption. McDonald and Trustee Chuck Cornell will consider requests on a case-by-case basis, using the guidelines for LEAP, an energy assistance program. Cornell reported the water level in the reservoir is still dropping. He didn’t know when the Arapahoe well would be ready, but it could be used in an emergency.

Roads

Jones presented a change to the ordinance pertaining to pruning and corner clearance. The current ordinance reads, "…so that there shall be a clear space of eight (8) feet above the surface of the street"; it will be changed to twelve feet. Trustee Cindy Allen asked if a stop bar could be painted at the stop sign on Spring Street. She observed that people stop ten feet past the sign.

Community and Economic Development—Buildings

Miner reported that the New Year’s Eve party for Lewis-Palmer High School students was canceled due to low ticket sales. Theories for the lack of success included that the sponsoring group was too wholesome and that the idea was too new.

Fire

Chief Julie Lokken reported that the department got Santa to the elementary school and that the department received a FEMA grant to use for bunker gear and breathing apparatus.

Mayor’s report

McDonald reported on plans for a Casino and Mardi Gras Night at Pinecrest Event Center. Proceeds would be used to pay for the new firetruck. The event has been scheduled for Friday, Feb. 28, at 7 p.m. McDonald also announced that her New Year’s resolution was to conduct town meetings according to parliamentary procedures, that included limiting the time for public comments.

Request for new business license

KK Sole & Sew, Karen and Ken Morrow. Ken formerly had a shoe repair business in Monument. The request was unanimously approved. The new business will pick up work dropped off at Woodmoor Cleaners, Gleneagle Cleaners, and the Clothesline.

The meeting adjourned at 8:30 p.m.

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Fire department merger update

By William Lowes

This is the third update of the Joint Working Group (a sub-group) of the northern El Paso County Fire District’s collaborative program that is studying the organizational consolidation of four departments involving three district boards and one town council. This group continues to meet regularly to ensure program progress.

Since the prior update, the group has been working with attorneys to analyze the different methods of unification available. Merging into one single district requires a review of legal issues and discussion and determination of the best method to use. The final decision involves legal issues, financial issues, and individual methods of operation of all of the departments.

The joint working group operational subcommittee, led by the fire chiefs, continues to gather data relating to the departments’ individual call run demographics, capital inventory, and distance and response time. They also continue to review and develop common operating and training procedures for fire emergency response and EMS response and transport across all four departments. This information is necessary in order to begin merger discussions. An initial recommendation regarding unification is scheduled for spring 2003.

Meanwhile, all departments continue to provide the best possible fire, rescue, and emergency medical assistance—the number-one priority.

Contact any of the four fire departments with any questions.

  • Donald Wescott Fire Protection District, 599-4068

  • Palmer Lake Volunteer Fire Department, 481-2953

  • Tri-Lakes Fire Protection District, 481-2312

  • Woodmoor-Monument Fire Protection District, 488-3303

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Tri-Lakes Fire Protection District board meeting Jan. 16

By John Heiser

At the regular meeting Jan. 16, the Tri-Lakes Fire Protection District Board of Directors announced the appointment of Ron Thompson as assistant chief. The board also discussed a proposed cooperative ambulance arrangement with the Woodmoor-Monument Fire Protection District and approved a rate increase for medical and rescue services. Director Oscar Gillespie and Chief Robert Denboske were absent.

Thompson new assistant chief

Ron Thompson, Emergency Medical Services (EMS) coordinator, (see photo) was appointed assistant chief, the post formerly held by Denboske, who was named chief last August.

Financial Report

District Director and Treasurer John Hildebrandt reported that the district completed calendar year 2002 approximately 3 percent under budget. He noted that during November and December, $53,564 was collected in ambulance charges, thanks to the efforts of Thompson and district Administrative Assistant Paula Abrahamson.

Chief’s Report

In Denboske’s absence, Thompson reported the district handled 882 calls during 2002. That is up 11 percent from the 796 calls in 2001. There were 776 calls in 2000, 721 calls in 1999, and 548 calls in 1998. The 882 calls were comprised of 570 (65 percent) medical/traffic accidents, 223 (25 percent) fire, 35 (4 percent) hazardous materials, and 54 (6 percent) public assists. An average of 1.5 vehicles were used per call during 2002. Of the 882 calls, 143 calls were in fulfillment of mutual aid agreements with other districts.

Thompson reported that a Web site for the district is under development. Board President Charlie Pocock suggested posting emergency notices such as street closings at the site.

Pocock reported that there are now three paid personnel per shift and six crews of volunteers with four or five members each. He said, "There are a minimum of seven people available 24 hours per day. Each truck will carry four. Each ambulance will carry two. There is a paramedic on every shift every day with part-time paramedics on standby. It is a wonderful situation and a great improvement over three or four years ago."

Pocock noted that plans are being made for fire awareness meetings this summer. Homeowner associations and other groups are encouraged to contact the station to arrange a time and place.

Station 2

Pocock reported there have been some delays in getting a signed agreement with the Great Divide Water Company, which owns the well next to Station 2. Under the agreement, the district could use up to 2 acre-feet per year. Ninety percent of the water used will be counted toward Great Divide’s water augmentation program. The agreement calls for protection of the wellhead and allows for parking near the wellhead by Station 2 personnel. Getting the agreement signed by Great Divide is a critical step in going forward with the project.

EMS Report

Thompson reported that the district that day had responded to an electrocution of a high voltage line worker in the Palmer Lake area near Sara Sausage. The worker had stepped on an active 7,200 volt line. The crew arrived within four minutes of the call and found the worker was not breathing and had no heartbeat. Surprisingly, the other workers had reportedly not performed CPR or taken any other measures. Fortunately, breathing and heartbeat were quickly restored. At press time, the worker was continuing to do well in the hospital. In addition to the Tri-Lakes crew, the Woodmoor-Monument district and the Palmer Lake Volunteer Fire Department responded to the call. Thompson said, "The call went like clockwork."

Thompson reported the staff has been trained to use the new medical services billing software. He said, "So far, it is a fantastic program." The software can be used to calculate demographics by region within and outside the district. The district is on schedule to meet the April 2003 deadline for electronic billing to Medicare.

Cooperative ambulance service proposed

Thompson said he and Denboske were to make a presentation to the Woodmoor-Monument district board on Jan. 27 regarding a cooperative ambulance/EMS arrangement.

Thompson said, "It is a benefit to both districts producing better service to residents while reducing costs and keeping the revenue in the Tri-Lakes area." Presently, patients in the Woodmoor-Monument district may have to wait as much as 40 minutes until an American Medical Response ambulance can arrive from Colorado Springs.

The Woodmoor-Monument district is reportedly considering purchasing an ambulance. Thompson said, "It just doesn’t make sense. The area can support one ambulance service, not two."

The multi-agency study completed last year recommended a cooperative arrangement using the Tri-Lakes district’s ambulances. Pocock said, "If we can’t cross this hurdle [to merger], how are we going to cross any others?"

Medical and rescue billing rates increased

Following an executive session, the board unanimously agreed to adopt increased billing rates for medical and rescue services. The new rates bring the district to approximate parity with other providers in the area. Thompson said the increased rates will better cover the costs for the service including the associated training. The new rates were made retroactive to Jan. 1.

**********

The Tri-Lakes Fire Protection District board normally meets at 7 p.m. on the third Thursday of each month at the district firehouse, 18650 Highway 105 (near the bowling alley). The next meeting will be Feb. 20.

For more information, call Chief Denboske at 719-481-2312.

The caption on the TLFPD graduation picture in the Jan. 4, 2003, issue of OCN neglected to mention that the photo was provided by TLFPD director and treasurer John Hildebrandt.

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Woodmoor-Monument FPD board meeting Jan. 27

View a photo of the new WMFPD Technical Rescue Trailer

By Judy Barnes

The fire protection district reported it received $28,735 in grants and donations during 2002. Karen Evans, of A Chick and a Windshield, collected and donated $12,000 from the Have a Heart, Save a Life drive. The Glen Eyrie Chapter of the Eastern Star donated $10,000, and Mountain View Electric Association provided a grant of $5,000.

Ron Thompson, assistant chief and officer for the medical department of Tri-Lakes Fire Protection District (TLFPD), gave a presentation on the benefits to residents using TLFPD’s ambulance service. Currently, TLFPD breaks even on its ambulance service, but it expects to operate at a profit as calls increase due to population growth and increased traffic. With another $60,000, three more paramedics, one per shift, could be added. Thompson noted that using TLFPD’s ambulance service would keep more revenues in the community, which is not true with AMR, the ambulance service currently used by Woodmoor-Monument. The response time would be faster for Woodmoor and old town Monument—an average of 5.85 minutes. Code 3 ambulance response time is even faster. They guarantee a paramedic on every call. Thompson also mentioned that working together would enhance cooperation between the two departments.

Board member Russ Broshous commented that many of these issues would get resolved in a merged district, a preliminary decision that could be made in the spring. He also noted that Woodmoor-Monument was currently under contract with AMR, which limited what they could do in the short term.

Bob Browning, president of the board, noted that at the time Woodmoor-Monument entered into a contract with AMR, Tri-Lakes couldn’t offer what AMR offered—a paramedic on the scene immediately. "We need to deal with these crazy boundaries we’ve got," added Browning. "We appreciate what you’re doing, but let’s keep going forward with this merger," he said.

Broshous concluded, "Having a single management of a single district would resolve problems that mutual aid agreements can’t. The faster we do the merger, the better off we’ll be."

***********

The next meeting of the Woodmoor-Monument Fire Protection District board will be Monday, Feb. 24, 8 a.m. at the fire station, 1855 Woodmoor Drive. A joint board meeting of Woodmoor-Monument and Tri-Lakes Fire Protection Districts will be held on Tuesday, Feb. 25, 7 p.m. at the Woodmoor Barn, 1691 Woodmoor Drive. For more information, call Chief Youtsey at 488-3303.

View a photo of the new WMFPD Technical Rescue Trailer

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Woodmoor Improvement Association Jan. meetings

By Chris Pollard

The Woodmoor Improvement Association (WIA) held three meetings in January. At the second one, the subject of weed and mowing regulations came to a head. A number of residents had expressed concerns about potential changes to these rules early in the meeting. Later, when the rule proposal was put to a vote, it was defeated 4-2. There was some further discussion by the WIA board about continuing to pursue the matter. Suggestions were made to have the regulations e-mailed to those on the list for review; then, after receiving comments from residents, the board would have further discussion on the subject..

The significant part of the new weeds and mowing rule proposed by the WIA is:"Owners are responsible for maintaining their entire lot in a clean and attractive condition. Owners must promptly correct any problems of noxious weeds as defined by El Paso County by spraying or mowing or other means. Furthermore, grass and similar vegetation must be regularly mowed so that it does not exceed nine inches in height in the areas 20 feet from the edge of the roads and 18 inches in height on the remainder of the lot. The failure to maintain a lot in a clean and attractive condition, including any drainage, utility, roadway or other easements located on the lot, shall constitute a violation of the WIA’s Covenants and Rules."

The stated goal of the rules is to improve fire mitigation and community attractiveness. Also, "Tall weeds and leggy growth is unsightly."

To provide some background on the reason for this rule change, research was carried out on some typical lots. In a visual survey from the roadside, probably less than 10 percent of lots would currently meet the new regulation. Looking at the lots owned by the three major proponents for the rule change—Beth Courrau, Bob Riddle, and Paul Lambert—however, revealed a certain similarity in vegetation and land form that might give them a good perspective. Atypical of most Woodmoor lots, these three have fairly dense stands of thin, older ponderosa pine. This dense form of forest generally has little undergrowth because of the lack of light. All lots were reasonably flat. In contrast, the majority of lots in Woodmoor have much more variety in their forms of vegetation. Many lots have thick stands of willow, scrub oak, and chokecherry; in wetter areas, grass and shrubs grow in abundance.

It was interesting to note that in looking at lots that did meet the mowing rules and had closely cut grass, there were some areas that were purely dirt. This is somewhat expected in times of drought because the sun has more ability to dry out the soil and vegetation. In general, mowing height should be raised to heights that cannot easily be adjusted to on most mowers. Other observations were that many lots had steep slopes or gullies and arroyos that would be difficult to climb. Many of these slopes had loose sand; walking on these would easily cause erosion. A lot of the drainage channels had taller vegetation that serves to control runoff in times of heavy rain. This is also applicable to grassed slopes–longer grass does minimize erosion and help hold moisture.

There are also implications in terms of wildlife habitat and safety. The longer undergrowth provides refuge for many animals, protecting them from predators and the sun, and also provides food. From a safety issue, mowing or cutting the grass within the willow and oak clusters might be quite difficult. Controlling "weeds" to 18 inches without encouraging mowing lots to 2 or 3 inches will clearly prove difficult for some, particularly as the historical groundcover has been wildflowers and prairie grasses.

Residents need to consider the potential effects of these proposed rules and are invited to e-mail their input to wia@woodmoor.org or fax to 481-8461. Copies of the draft regulation are obtainable at the WIA office.

Later in the same meeting, the board had a brief discussion about a motion to be sent to the Lewis-Palmer school board indicating a preference of having a second high school at a different location to minimize traffic impact in Woodmoor. Paul Lambert offered an amendment to ensure it was clear the opinion was only with regard to traffic. The majority of the board thought the motion was already fairly clear, and in the subsequent presentation to the school board of the unmodified motion, this was borne out.

Courrau gave some information about early notice she had been given of potential development of what was originally planned as the South Golf Course or The Walters Property. What has been proposed is quite different from what people have thought or have been told it would become over the years. It has not been zoned for a golf course for many years, and in fact some of the land has been zoned multifamily. The new proposal for a portion of this land is for multifamily and other housing on half-acre lots.

On January 27, the WIA held its annual meeting at the Lewis Palmer Middle School. This was well attended by more than 100 residents.

Vincent J. Elorie Citizenship Award: The Reverend Robert (Bob) Jaeger of St. Peter Catholic Church presented this award to Marian Taylor. She and husband Jim were involved in Woodmoor in forestry and cleanup programs, including the seedling program to replace Woodmoor trees. Marian worked on the Empty Bowl program for two years. She is currently helping in the library at St. Peter Church. A board member of the Palmer Divide Quiltmakers, Marian got the group working in partnership with the American Cancer Society. The quilters make pillows and comfort items, as well as head coverings for cancer patients who have lost their hair due to chemotherapy.

Items of long-term interest were contained in John Haines’ report for the Architectural Control Committee. More than 40 new homes were constructed in Woodmoor last year, and plans were approved for 26 more. The number of houses being approved is down, but the number of additions being built has increased. Many more applications have been received to replace wood siding with stucco. There are 299 lots in Woodmoor that remain un-built, though 100 or so of those are owned by Woodmoor residents, so not all are likely to be developed. One of the major items that will be discussed during the next year is the position and extent of fences.

During the open discussion period at the end of the meeting, many people asked questions about the proposed development for the South Golf Course. As Courrau said earlier, many people said they had been told by their real estate agents that this was to become a golf course or left as open space. People were concerned about being notified of future plans for the development. The WIA does get notified of any adjacent plans for development and because this development is within Woodmoor, the WIA has to approve the subdivision of land.

Other news relevant to Woodmoor and the surrounding area is that the Woodmoor Water and Sanitation District announced and implemented a new rate structure. The main feature of this change was that it became a full conservation plan. Instead of paying a minimum rate that covered 6,000 gallons whether it was used or not, the new structure almost halves the monthly minimum from $45 to $25.74 and then charges for the amount of water used at a gradually increasing rate. Water is now $3.50 per 1,000 gallons for the first 6,000 gallons, rising to $12 per 1,000 gallons for very high volume users. The district hopes to achieve a 10 percent reduction in usage. The district currently estimates that 50 percent to 60 percent is used by residents for irrigation of lawns and landscaping, and that the rate structure provides an incentive to implement water-saving devices and attitudes inside and outside the home. Further details and suggestions can be found at www.woodmoorwater.com; also, the Woodmoor Water and Sanitation District office has copies of water conservation information and xeriscape suggestions.

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Lewis-Palmer school board meeting Jan. 16

By Tommie Plank

Paula Mooney has been selected as the new principal of Lewis-Palmer Elementary School. She will replace Dr. Kaye Branine, who is retiring at the end of this school year. Mooney is currently the principal of Palmer Lake Elementary. Under her leadership, that school has been designated a School of Excellence for the past two years by the Colorado Department of Education for the Excellent rating of overall academic performance on the Colorado Student Assessment Program. Dan Lere, director of the district’s personnel services, has begun the search for her replacement and hopes to have a candidate to recommend at the March board meeting.

Tom Sistare, of Hoelting & Company, addressed the board concerning the district’s financial condition for the fiscal year ending June 30, 2002. His company performed the audit, found the district to be in good financial shape, and did not note any items that needed to be addressed. He further stated that the cooperation of the Business Office was excellent and that the district has very good accounting records and internal controls.

Becky Allen, intern in the Curriculum and Instruction Office, received a commendation from the board for her assistance in facilitating curriculum committees, working on curriculum guides, and helping to align guides with state standards.

Presentations and discussion of the future high school consumed the majority of the four-hour meeting. Three residents spoke in favor of a second high school; two encouraged an expanded campus.

Superintendent Ted Bauman spoke at length, giving impassioned personal and professional reasons why the district cannot afford to operate a second high school and why he believes the best opportunities for Lewis-Palmer High School students would be in an expanded campus setting. (See excerpts from his talk on the facing page.)

Denny Hill, of Strategic Resources West, Inc., discussed demographics and long-term strategic planning. His research and data from the 2000 Census indicate that students per household in District 38 is approximately 0.68; he projected that district high school enrollment will probably top out at about 3,000, cycling down and back up over years of demographic changes.

Architect Holger Christinasen discussed estimated facility costs for a second high school and for an expanded campus. He noted that school districts normally cannot afford to build a high school facility for fewer than 1,200 students. The biggest facility cost differences between the two options would be the cost of land.

David Dilley, assistant superintendent, provided some observations analyzing indicators of student achievement with school size. The first study was of schools across the nation that had won the prestigious Blue Ribbon Schools award. Of the 55 public high schools that had received the award in 2002, the average enrollment was 1,762.8; the median enrollment was 1,750. (The smallest school enrollment was 500; the largest was 4,300.) The Colorado Department of Education Web site shows that a disproportionately large number of high schools with an enrollment above 1,200 scored in the Excellent/High category on the Colorado School Accountability Report.

Dilley stated that in presenting this information, he wanted to dispel any fears of choosing one concept over the other. "We can make either way work, as have others," he said. "However, I recommend that we strive to remove emotion from the equation as much as we possibly can. There will be disagreements on the issue. But if student achievement is our major priority, I think it is clear that we can make either concept work."

At the end of these presentations, board President Dr. Jeffrey Ferguson announced the board had just received a report that recent assessed valuation estimates released by Legislative Council for fiscal years 2004 through 2008, if accurate, will have a major impact on the district’s ability to afford and issue debt in the near future. While assessed valuations in recent years have seen increases of as much as 18 percent in reassessment years and as much as 9 percent in non-assessment years, the new estimates are from 1.58 percent to 5.9 percent. In December, the estimated district assessed valuation for fiscal year 2003-2004 was predicted to be nearly $324 million; the latest Legislative Council’s estimate is nearly $275 million. The board will sort out the options as figures become firmer. Future high school discussions will be continued, possibly with some community forums to engage larger numbers of patrons with speakers who would debate the issue of school size.

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The next board of education meeting will be Feb. 20. Meetings are held at the Administration Building at Second and Jefferson in Monument, and begin promptly at 7 p.m.

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Bauman speaks out against second high school plan

By Tommie Plank

"I believe the Second High School Action Committee (SHAC) has purposefully used the term mega high school as an emotional scare tactic. Mega, by definition, means one million of something, for example megabucks, megahertz, megaton…bigger than big…certainly something different and an incorrect image for what we have proposed in an expanded campus concept."

That was District 38 Superintendent Ted Bauman beginning his personal statement concerning the future high school at the Board of Education meeting on Jan. 16. He disputed the findings by the SHAC, using the group’s own Decision Scorecard as a framework to talk about District 38 and Lewis-Palmer High School. He also pointed out rumors that he has heard. He related that one parent said she had been told by SHAC that there would be 5,000 students at an expanded high school site. "That is not true, nor has it ever been suggested…. Initial plans don’t call for anything bigger than 2,800 students, and even that appears high based on current data and projections for Lewis Palmer High School." The proposed plans for an expanded campus do not call for adding on to the current building; rather, they call for a separate building (or buildings) for different activities or different grade levels.

"I have read the small school research," he went on. "What they say is true in communities of low socio-economic conditions, for ineffective and failing schools. LPHS is not a failing school." Referring to the research of Craig Howley, director of the ERIC Clearinghouse on Rural Education, Bauman said, "Smaller schools maximize achievement in impoverished communities, whereas larger schools maximize opportunities and achievement among the more affluent. Well-off students do better in large schools because they are prepared in middle-class homes to be competitive, involved, engaged, and have expectations to go to college."

The SHAC’s Decision Scorecard lists 17 attributes, most of which they claim are characteristics of two schools more often than they are of a larger school or an expanded single high school campus. "We cannot compare our high school with those that have been studied in the small high school scenarios," Bauman said. "I want the public to hear the facts. Ours is not a low performing district, and our high school is not ineffective. In fact, the reverse is true."

Quality of Curriculum – Cost Effectiveness

"I believe that unless the district invests considerably more money… the curriculum will suffer. Two schools are not cost effective. Common sense tells us it costs more to run two separate programs than to run one bigger program. We learned that lesson clearly with the construction, programming, and staffing of two middle schools with comparable programs. The incremental costs [of two high schools] over time are not sustainable in District 38 with the current rate of school funding."

Achievement

"One would be hard-pressed to find a small public school that has higher achievement rates and scores than LPHS. To me… the reason we exist… [is] to give our kids… the best education possible, setting high expectations and achievement goals that challenge students to do their best. [Our scores] have actually gotten better as we have gotten bigger."

Student Attitudes Toward School: Attendance, Social Behavior, Belongingness, Interpersonal Relationships

"In asking our students over the years, I find them very positive about their experiences at LPHS. Attendance is one check of attitude. The attendance rate has been 96.5 percent the last three years…. You will not find higher rates anywhere. SHAC implies that LPHS students have worse behavior than if there were two schools. Where is the research? Our suspension rate is lower now than it was in the years when the school had fewer than 1,000 students. What I am saying is that the great majority of our kids are good, well-behaved students that deserve the best opportunities this district can provide."

Dropouts – Self-Concept

"SHAC claims that the dropout rate is lower in small schools or would be lower if we had a second high school. Not true! The dropout rate last year was 0.2 percent [five students]… the lowest ever in this district. In 1993, when enrollment at LPHS was 850, the dropout rate was 2 percent; in 1988, with 680 students, the rate was 3.4 percent. Because of our size, we have been able to add more counselors, an at-risk counselor, and more teachers for smaller classes… purposeful strategies to keep kids from dropping through the cracks or getting lost in the system. Our graduation rate [an attribute not included in SHAC’s scorecard] was 97.4 percent last year, the highest it has been in this district. In 1993, our graduation rate was 93 percent; in 1988, when enrollment was 890, our graduation rate was 81 percent. I believe the district has done a great deal to enhance our students’ opportunity for success, which in turn impacts how they feel about themselves."

Extracurricular Participation

"I will concede that participation in varsity level sports would increase with two schools. A second school would offer two sets of varsity sports programs. However, if we are talking about overall participation in all extracurricular offerings, I have not seen research to support that student participation would increase in two smaller schools over our current level…. As growth continues, an expanded campus would allow us to increase the number of different sports venues as well as other extracurricular opportunities. To me, offering ‘mega’ opportunities for kids is more important than ‘limited’ options that would occur in a second high school scenario."

College Variables

"Of our graduates, about 88 percent go on to postgraduate study. Could that be higher? Sure. Should it be higher? I don’t know. We have students who enter the military, go to trade schools, or go right into the world of work. To force kids to go to college who have set goals in some other direction is questionable. I do know that LPHS has a reputation for its graduates [with colleges] all over the United States…. There are students from last year’s senior class now attending Harvard, Yale, Princeton, and Notre Dame."

Teacher Attitudes

"SHAC asked for D-38 teachers to contact them if they thought expanding the current school was not a good idea. Twenty-three teachers out of a potential 150 responded, and 19 said they would favor a second school."

Proximity to School (Convenience) – Traffic

"I certainly agree that a second school out east would be closer to the 300 or so students projected to live out there in the future. Obviously, students who live in Woodmoor or closer to the current school who would need to drive to the new school as a result of boundaries would not feel it to be so convenient…. I believe we build schools to meet the needs of all students, putting them where the greater number live, and being fiscally responsible, able to fund both what we build and the programs we provide in a quality way…. Building a second school out east will not eliminate the traffic through South Woodmoor as the Woodmoor Improvement Association implies. Kids will still drive through neighborhoods to get to school. I guarantee you that if a second high school is built, more students will be using Highway 105 and crossing Highway 83 to get to school. For the record, there have been more fatalities and other critical accidents involving our students and adults on Highway 105 east of Furrow, Highway 83, and County Line Road than there have ever been in Woodmoor, on Struthers or Higby Roads."

Construction/Schedule Risk

There is no research indicating that one construction project would have any greater risk than the other.

Competition Between Schools – Positive Impact on Community

"I disagree most vehemently with SHAC on this issue. I have heard some of the second high school proponents say community impact is not an issue. I have heard some folks [who live] out east say they don’t care about community and that is why they live there. I have lived here, out east, for 15 years…. I love this community and have worked hard to help Lewis-Palmer High School be our ‘melting pot’—to bring students together from rich, from poor, from east, from west, into a school that treats students equally, gives them all the same great opportunities for activities and academics. The one place where Palmer Lake, Monument, Woodmoor, and eastern parts of this district come together is at Lewis-Palmer High School.

"A second high school will split us apart in a huge way, in a way we haven’t even begun to comprehend. The tactics I have heard SHAC use are [ones that will] turn students against students, families against families, neighborhoods against neighborhoods, and community against community. I will fight very hard for that not to happen. One high school allows us not to fight the inequity battles that will occur, the negative competition that will occur, the highly emotional battles that will continue for many years as we grow and continually have to shift boundary lines to keep schools with equal enrollments. Community is a big deal, not only for our students, but for the adults who live here as well. I love this school district. There is no need to split this school or this community at this time."

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County water authority elects board, hires manager, discusses future steps, and argues over 300-year rule

By John Heiser

The El Paso County Water Authority met for its regular monthly meeting on Jan. 8. Hotly debated topics included conducting a study of private well groundwater supplies and inclusion of an El Paso County Planning Department memo in the final water report.

New board elected

The following nominations were unanimously approved:

  • President: Phil Steininger, Woodmoor Water and Sanitation District

  • Vice President: Al Testa, Colorado Center Metropolitan District

  • Secretary: Larry Bishop, Security Water and Sanitation District

  • Treasurer: Dana Duthie, Donala Water and Sanitation District

  • At-large members:

    • Stu Loosley, Cherokee Metropolitan District

    • Ron Simpson, Triview Metropolitan District

The county representative succeeding former commissioner Duncan Bremer has not yet been named.

The authority recently retained Pat Ratliff, a registered water lobbyist with Ratliff and Associates Consulting, Inc. She appeared before the authority and reported that she is analyzing the bills introduced into the new state legislative session.

New manager

Gary Barber succeeded retiring Phil Vogtle as manager for the authority. Vogtle had served as manager since August 1998. The authority unanimously voted to authorize payment of $2,500 as an advance for Barber’s contract services through the first quarter of 2003.

Last August, Barber appeared before the authority and presented a draft analysis of a proposed satellite well field on the Younger Ranch in El Paso County near the corner of Highway 83 and Highway 105. Water from these wells would be piped to the districts in the northern part of the county to reduce pumping within the districts. In his analysis, Barber assumed withdrawal of between 216 million and 516 million gallons per year (663 acre-feet to 1,591 acre-feet per year) using six wells each with a maximum flow rate of 250 gallons per minute. Also included in the estimated total cost of about $6.5 million would be a 2 million gallon storage tank and two miles of pipeline. Depending on production rate, in order to cover the cost of debt service, the water would have to be priced as much as $2.50 per 1,000 gallons.

In his first report to the authority as manager, Barber requested and was granted authorization to attend the Colorado Water Partnership on behalf of the authority. Duthie described the partnership as "resurrecting the old Union Park project." Barber described the partnership as evolving and "much broader than the old Union Park group." Palmer Lake resident Dave Miller conceived the Union Park project in the 1980’s. The idea was to collect water from the headwaters of the Gunnison River, store it in a 900,000 acre-foot reservoir, and divert about 100,000 acre-feet annually over the Continental Divide. In 1988, Arapahoe County took over the project, which had been the subject of litigation since 1986. In November 2000, the Colorado Supreme Court upheld a water court ruling against the plan. Miller has reacquired rights to the plan, renamed it the Central Colorado Project, and is seeking governmental entities interested in pursuing it.

Barber reported on a Colorado Springs Utilities (CSU) presentation to the Protect Our Wells (POW) group. He said CSU described plans to withdraw as much as 10 million gallons per day from the Denver, Arapahoe, and Laramie-Fox Hills aquifers.

Follow-on groundwater study tabled

Bruce Lytle, vice president of John C. Halepaska and Associates, the consulting firm that produced the authority’s recently approved water report, presented a proposal by his firm to conduct a study of private well groundwater issues. At prior meetings of the authority, Lytle said, "We don’t really know what is going on in the Black Forest. At this point, we don’t have that data." Much of the data used in the water report was obtained from operators of central water systems. Lytle suggested existing private wells could be retrofitted to measure levels.

Kathy Hare, a reporter for the Black Forest News and Palmer Divide Pioneer appeared on behalf of POW. She said, "We are lacking this huge amount of data. Even you as water providers don’t have it. We need to know how much groundwater is available."

Charles Pridgen, from the El Paso County Farm Bureau, reported that he spoke with U.S. Geologic Survey (USGS) representatives and learned that in El Paso County they monitor 61 wells annually, 31 wells semiannually, and 24 wells bimonthly. He added, "Depletion is quite considerable in some wells." Pridgen said that the USGS would like to discuss how to coordinate efforts with the authority.

Pridgen later said, "There is real concern out there. We need to address the building that is going on out there [in Falcon/Payton]. "The farmers want to know what is going to happen to their water, their livelihood."

The proposal for the follow-on study was tabled pending discussion of the topic at upcoming meetings of the northern and southern water provider groups.

County memo defends 300-year rule

Carl Schueler, assistant director of the county planning department, appeared before the authority to request that copies of the final water report include an October 25, 2002, memo summarizing planning department comments on the report. In addition to several technical items, the memo said the conclusions in the report that "question the validity of the County’s ‘300-year rule’ are not particularly compelling."

The memo objected to the conclusion that the 300-year rule "creates an inequity in development." The report argues that development projects in the unincorporated county are limited to one-third of the density allowed in municipalities subject to the 100-year statewide rule. The planning department memo responded, "Although there are some limited cases where a developer has had to ultimately reduce their density to meet the ‘300-year rule,’ those cases have been fairly rare."

The authority’s water report also concludes that lower densities resulting from the 300-year rule reduce the likelihood of constructing costly renewable sources of water. In response, the planning department memo cited a project in the Falcon area with 5,000-square-foot lots: "In this case, the ‘300-year rule’ probably contributed to the developer choosing to use a conjunctive system that also relies on Cherokee alluvial water. The developers in this area are also exploring re-use options."

Regarding the request to include the memo in the report, Duthie said to Schueler, "You came along late. You convinced your department to take that position."

Lytle said that all public comments were included. Comments from members of the authority were not included.

Steininger said, "My acceptance of the report was not that each of us approve of every aspect of the report."

Hare said that Bremer told her, "The county did not endorse the part of the report that recommended dropping the 300-year rule." She added, "Only county commissioners can change the 300-year rule."

Duthie replied, "The county commissioners asked us to look at the 300-year rule as part of this report. They are not going to do anything about it. Their staff doesn’t agree with what the report says. So what?"

Duthie is the manager of the Donala district, which has substantially less than 300 years of water available. At a September 19, 2000, hearing before the El Paso County Planning Commission, Duthie stated the Donala district that serves Gleneagle may have as little as 30 years and probably no more than 156 years of water available to be pumped.

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The water authority normally meets at 9 a.m. on the first Wednesday of each month in the third floor hearing room of the county building, 27 E. Vermijo, Colorado Springs. The next meeting will be held Feb. 5.

For more information on the water authority and the water report, contact the county planning department at 719-520-6300. The water report is posted at www.elpasoco.com/planning/water_report.asp.

For more information on the Protect Our Wells organization, contact Larry Stanley at 719-495-7825 or visit the Web site at www.blackforest-co.com/~pow/.

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County planning commission approved Smith Creek study and two Tri-Lakes area wireless towers

View photos of the Qwest wireless towers

By John Heiser

The El Paso County Planning Commission approved the Smith Creek Drainage Basin Planning Study and recommended renewal of variances for two local stealth wireless towers at the Jan. 21 meeting.

Smith Creek Drainage Basin Study

The Smith Creek drainage basin covers approximately 3,500 acres (5.5 square miles) in the Northgate and Tri-Lakes planning areas. It extends from near Roller Coaster and Higby Roads on the northeast to the Northgate interchange with I-25 on the southwest.

JR Engineering prepared the study, proposed as an amendment to the county master plan, under contract to developer Picolan, Inc. It recommends that the drainage basin be accepted as a closed basin with no drainage, bridge, or detention basin/land fees required. It also recommends that Picolan construct, without reimbursement, all required improvements except the box culvert at the Northgate Road/Smith Creek crossing. Interim fees collected are to be disbursed as follows: $7,260 to the City of Colorado Springs for the Northgate Road realignment, $142,494 to U.S. Home, and the balance, approximately $353,781, to Picolan.

The study was approved by the City of Colorado Springs Drainage Board on July 18, 2002, and was adopted by the Colorado Springs City Council resolution 140-02 on August 27, 2002.

Attorney Ron Roberts appeared before the county planning commission on behalf of Fred and Sue Ladd, who object to the drawings in the study showing the 100-year floodplain crossing their property. Roberts said construction of a play field in Fox Run Regional Park resulted in splitting and diverting storm water flows so they now bypass the Ladd’s property. He said the county parks department agrees.

A co-author of the study, Aaron Seal of JR Engineering, said, "The study was based on 1996 work by Muller engineering and aerial topographic views–a broad brush approach. We can’t have someone go survey every part. From our standpoint, there is no flaw."

John Clack, of the county department of transportation, said that based on meetings held Jan. 9 and 17, two additional notations were added to the proposed motion for approval. The notations said the location of detention ponds and floodplain boundaries shown should not be relied upon without additional analysis.

Roberts objected, saying that even with the additional notations, "It lays a foundation for future floodplain maps by the Federal Emergency Management Agency (FEMA). You are establishing an inaccurate floodplain."

Ken Rowberg, director of county planning, said, "The floodplain administrator, Kevin Stillson, will rely solely on FEMA maps." Clack added that Ladd’s property is not currently shown as in the floodplain on FEMA’s 100-year or 500-year maps.

The planning commission approved the study by a vote of 7-2. Explaining their no votes, Commissioner Steve Sery said, "I don’t think the boundaries shown are correct," and Commissioner Lowell Bell said, "The additional notations don’t fix the problem."

The study will not be referred to the El Paso County Board of Commissioners for action because the planning commission has the authority to make the final decision on amendments to the county master plan.

Quest wireless towers at the mining museum and Trinity Lutheran Church

Brad Johnson, representing Qwest Wireless, said, "The two towers are major components of our network and handle 2,000 to 5,000 calls per day."

The tower at the Western Museum of Mining and Industry near Northgate Road is 70 feet tall and disguised as a mining shaft head frame structure. There are currently two carriers operating on that tower, with space for additional carriers.

The tower at the Trinity Lutheran Church near Highway 105 is 85 feet tall and disguised as a cross/bell tower structure. Currently, only Qwest uses the facility, but it is designed to accommodate additional carriers.

Both of the towers are on land zoned RR-3 (Rural Residential, 5-acre minimum lot size). The county’s Land Development Code (LDC) does not allow towers in such zone districts even through special review. As a result, both of the towers require a site-specific variance from the LDC regulations. When granted, such variances are typically subject to renewal every five years. Both of these towers were approved in 1997.

No one appeared before the planning commission to object to renewal of the variances. An objection often raised in such cases is that the emissions are harmful to residents living nearby; however, the Telecommunications Act passed by Congress in 1996 specifically precludes local governments from regulating facilities based on environmental effects of radio frequency emissions.

The planning commission unanimously voted to recommend approval of five-year renewals of both variances. These recommendations will be forwarded to the county commissioners for final action.

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The planning commission normally holds hearings on the third and, if necessary, fourth Tuesday of each month. The next hearing will be Feb. 18. The agenda for that hearing will be posted at http://adm.elpasoco.com/planning/Agendas/PC/PC-Agn.asp. The hearings are held in the third floor hearing room of the county building, 27 E. Vermijo, Colorado Springs.

JR Engineering can be contacted at 719-593-2593 or 4310 Arrows West Drive, Colorado Springs, Colorado 80907. Picolan can be contacted at 719-381-8441 or 90 S. Cascade Avenue #1300, Colorado Springs 80903.

Brad Johnson, of Qwest Wireless, can be contacted at (720) 351-9667 or 4301 E. Colfax, Room 314, Denver 80220.

For more information on these and other projects within the county, contact the planning department at 719-520-6300 or visit www.elpasoco.com/planning.

View photos of the Qwest wireless towers

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Letters to Our Community

The BRRTA "Election"

The Baptist Road Rural Transportation Authority (BRRTA) didn’t pay much attention to the language or intent of the Rural Transportation Authority (RTA) Law in its 1997 "election." Under the law, an election creating an RTA "shall be held in substantially the same manner as county elections, and the county clerk and recorder of each county in which the election is conducted shall assist the members of the combination of the proposed authority in conducting the election." Instead, BRRTA held a mail ballot election in 1997 in which two people, hand-selected by the BRRTA Task Force, were the only ones to see the ballot and the only ones allowed to vote.. This secretive election is not substantially the same as a county election where all voters see the ballot.

In the El Paso County Clerk and Recorder Office, there are numerous public records demonstrating that the persons behind the formation of BRRTA interpreted the following language of the Rural Transportation Law, "No contract establishing an authority pursuant to this section shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the proposed authority," to mean that they must be very careful to only include one property within the boundary of the authority that had registered voters. They conspired to find some property with registered voters who would agree, prior to the election, to vote for the BRRTA. Then they included them in the BRRTA’s boundary—even though it made no rational sense in the context of the BRRTA’s stated purpose; even though the voters’ property was not contiguous to the BRRTA’s boundary; and even though choosing their own voters was not consistent with the intent or the language of the law. There is no record of any discussion that this might be gerrymandering, a violation of the right to vote, a violation of the public trust, or an abuse of power.

A couple of examples from the El Paso County Recorder’s Office:

1. A letter dated July 23, 1997, from Peter Susemihl, attorney, Triview Metropolitan District to Baptist Road Task Force, re: Rural Transportation Authority; states in part: "There appear to be some problems, however. The Act requires that the contract establishing the authority must be voted on at an election and the electors must reside within the boundaries of the newly formed authority [43-4-603 (4)]. Where do we find this elector who is willing to put his property within a new taxing entity?"

And in another paragraph of the same letter: "This looks feasible, so who wants to live in Triview in a trailer for 90 days?"

2. A postcard-type document dated Aug. 29, 1997, from Carl Schueler, planning department, to Baptist Road Task Force; says in part: "Commissioner Bremer’s property has been removed from the proposed authority boundary and replaced by Phillip and Joan Weinert’s property (Lot 15 Kingswood) to allow Mr. Bremer to more fully participate in the process as a Commissioner. The Struther’s property (Parcel 4) located southwest of Chaparral Hills has now been included as it has been determined there are no resident electors."

It is indicated above that originally Duncan Bremer was to be the selected voter before the Weinerts were chosen. The west boundary of improvements to Baptist Road is the Mitchell Avenue extension, which intersects Baptist Road just west of the entrance to Duncan Bremer’s property. Bremer was elected to represent all of the registered voters along Baptist Road. How could he have such an obvious conflict of interest and be on the BRRTA board, much less consider voting it into being?

Note that the Struther’s property was only included after it had been confirmed that "there are no resident electors." The BRRTA was determined to assure itself that no other voter, who could possibly vote against them, was accidentally included in their boundary.

The BRRTA argues that they had the right to establish their boundaries in any manner they wanted, and that they could choose any of the voters who lived near Baptist Road that they wanted to choose. That must also mean that each of the hundreds of voters who lived near Baptist Road would have had the same voter qualifications as the chosen voters, would have been equally impacted by the BRRTA, and therefore did have the same right to vote.

The right to vote is our most fundamental and sacred right and is not to be denied or abridged. It is the process by which power flows from the people to government. Under the BRRTA’s hidden election, power flowed to this group without a vote of all the people who had the same right to vote as the chosen two. If, as citizens, we let this election stand, then we deserve to lose our democratic process to those who would abuse it.

Stephen C. Plank

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Lakeview Heights subdivision filing 3 to come before Palmer Lake roads committee Feb. 6

This letter concerns the indications of a developer, Bill Johnson, wanting to build quite a few homes right here in Palmer Lake. Just a little background info: The Lakeview Heights subdivision is made up of four units totaling approximately 210 lots for homes. Johnson was the original developer for the Lakeview Heights subdivision back in the ‘60s and ‘70s. He got the project going by bringing in utilities, gas, water, sewer, and such for unit 1, and then went into bankruptcy! Sometime later, Cheyenne Mountain Bank stepped in and kept the project going (just a few of the lots were still privately owned). People had to pay off liens on the properties left from Johnson’s bankruptcy to purchase their lots.

Well, Bill Johnson is back with plans to develop the last three units in the area just below the southwest face of Ben Lomand. He has already had the electric and gas utilities run underground for more homes. He is just waiting for sewer and roads approval to began! Water taps will be another issue, but as it stands now, he can build within 400 feet of the existing water line once he gets taps. This project could begin with just four or five homes in unit 1, with future plans of up to 43 to 56 homes in unit 2, and at least 28 more homes possible in unit 3. From what I understand, Johnson has already purchased and is buying up as many of the lots within this area as possible.

As you can see, this is a huge concern for our small town of Palmer Lake, with water concerns. The fact that there is only one road into this area, and the effect a project this size could have on our community, we all need to be involved in the decision making on this. Johnson is scheduled to be at the town hall for the roads committee meeting on Feb. 6 at 5:30 p.m. He may also appear at the town council meeting at 7 p.m. the same night. Keep in mind that he has been trying to get approval from the sanitation department and water department on this project for almost a year now. They have been able to keep from having to make a decision up to now with paperwork requirements, but soon a decision will be made. Let’s all be there!

Pattie Brooks

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Open letter to the county commissioners regarding the proposed Baptist Road Wal-Mart

I request you oppose the rezoning request by Wal-Mart for the Baptist Road and I-25 intersection. Their request for a major store in this area is inconsistent with reasonable use of that site. The proposal will create extensive traffic bottlenecks and increase the proclivity for vehicle accidents.

There are insufficient water resources for any further development beyond the Wal-Mart development. If local residents desire to shop at Wal-Mart, there is one located just eight miles to the south. History has proven Wal-Mart frequently abandons stores, leaving behind a shell unusable by other merchants. I have personally observed this take place in my former residence.

My request to you is not based on a plea for no development in the area. This would be unrealistic. I only ask that you remain within the current zoning restrictions. That’s one of the major reasons we moved here. I would expect the County to keep the faith with its residents and not fall prey to developer’s interests.

David L. Patton

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Recall the county commissioners

I applaud the efforts of Chuck Murphy and Jan Martin, and I admire their courage. They are the organizers and founders of Together for Effective Alternatives (TEA), a group in charge of the recall of El Paso County Commissioners Tom Huffman and Chuck Brown. Mr. Murphy and Ms. Martin are entirely correct when they said the commissioners ignore public opinion. They ignored it concerning a plan that would change the character of a city landmark. They also ignored my pleas, along with nine other property owners in Black Forest on Dec. 16, 2002, at a BOCC meeting. Huffman and Brown (as well as the then lame duck commissioners Duncan Bremer and Ed Jones) voted 4-1 to condemn a large portion of our properties to sell to a developer so he could put a private entrance into his new subdivision. Huffman and Brown can condemn our properties, but because we are not in their districts, we cannot sign the recall petitions. I urge the citizens in those districts to sign the recall petitions. Look what they’ve done to us in Black Forest. Next time it could be you!

Cynthia Miller

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Ostrich (head in the sand) or Uncritical Management

Ever wonder why the Enron or WorldCom scandals can happen and why they only come to life after the little guys are hurt? You need look no further than our own backyard. Here in El Paso County, we have two courageous organizers setting aside their personal and business interests to lead a fight to get the El Paso County Commissioners to reconsider their enormously expensive courthouse/jail expansion—not only rejected by voters, but the result of some sneaky deal done in the shadows. In considering low-cost alternatives, we as taxpayers should realize the current courthouse facilities are not being used to their full capacity, but only 40 hours a week. When you consider that each week contains 168 hours, these courtrooms could be used in the evenings, weekends, and possibly nights. (Anyone ever heard of Night Court?) Why should these judges spend millions on plush, wood-paneled accommodations when their current facilities are being used less than 25 percent of the available time? Another cost-saving alternative is to use other venues for traffic court like the towns of Palmer Lake and Monument do. They use their town halls for this purpose one or two days a month. It works fine. In these trying economic times, should we not use our existing facilities to the maximum extent possible? At the management level, we need to think outside the box.

Getting a little closer to home, another area of interest is the finances of the town of Monument. Last month, I pointed out that the town has $4 million in the bank, but it puts only $3 million in its fund balances. My question was, What happened to the other million? My suggestion was that the 2001 audit was not correct. Within that audit, the water fund showed a surplus in its operations, its sales tax/debt service, and its tap fee revenue vs. its capital improvements. With nearly $700,000 surplus, why did the fund balance decrease almost $250,000? The town treasurer, an avid supporter of this audit that does not seem to fit the known facts, says this fund transferred out more than $900,000. To illustrate this lack of critical management, one should ask what fund received this $900,000? When that question is answered, then the missing million in the fund balance can be found, since it is already in the bank. Are the elected officials expected to manage without accurate, complete, and timely financial information?

In another related accounting mess is one of our local special districts, which wants to enable the Wal-Mart store on Baptist Road. The Triview Metropolitan District (Jackson Creek) has racked up debt at a rate higher than the annual budgets of most other local governments. Reportedly this debt exceeds $22 million; within the last two years, the annual increase averaged $5 million per year. (All this indebtedness was done without a vote of the residents of Jackson Creek, an act possibly in violation of the TABOR amendment.) Remember that the School District 38 has a bonding limit of $28 million at a time that they are considering expanding the high school or building a second one. This limit is based on the total assessed value of all property, residential and commercial, within its boundaries. How can a special district have a debt of $22 million, which is almost as large as the school district’s bonding limit, when its assessed value is less than 5 percent of the total school district? Since three of the five directors of this district do not even live in its boundaries and purportedly said they represent the interest of the bondholders, this lack of critical thinking can only lie with the voters of this district. When do they start, as the county commissioner recall organizers have, to stand up for their rights? Too many of us would rather leave it to someone else to blow the whistle and then bury our uncritical heads in the sand like ostriches.

To bring this all together, look at these three governments on different parts of the slippery slope to financial ruin. The town of Monument is one of the few governments in the state with a continuing surplus. It is at the top of this slope, and its dilemma is lack of quality financial data. El Paso County is in the middle of this slope, and its decline is typified by the courthouse/jail expansion issues, which boil down to preferring a behind-the-scenes deal to up-front explanations to the voters (possibly the most expensive and most obnoxious solution, without public input). Finally, near the bottom of the slope lies the Tri-View district, where the current board of directors seems to be in the business of manufacturing debt. If the reported debt of $22 million is accurate, then debt service, repayment of principal and interest, exceeds $2.5 million annually. As this debt service continues to grow, not even the anticipated $1.5 million in annual sales tax fees from a Wal-Mart will be enough to rescue them from financial insolvency. Where is the government you like on this slope—safely at the top or proceeding rapidly to the bottom? More importantly, what are you as a responsible citizen doing about it? (How many ostriches are out there?)

Leon Tenney

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Monument Treasurer Responds to Tenney’s January Letter

In order to address Mr. Tenney’s comments (Letters to Our Community, Jan. 4, 2003) and provide him information necessary for understanding the town’s (or any other entity’s) financial statements, it is necessary to provide some basic accounting principles, definitions, and concepts.

Accounting statements are the end product of the accounting process. Two of the most important statements are the income statement and the balance sheet. An income statement shows whether or not an entity has achieved or failed, i.e., Did the entity operate at a surplus/profit or a deficit/loss? A balance sheet shows the financial position of an entity on a specific date. Financial position is shown by listing the assets (including cash) of the business, its liabilities or debt, and the fund balance (for governmental purposes, but is the same as owner’s equity). The balance sheet is so named because it has two sides that must always be in balance. This equality may be expressed in equation form for an entity as follows:

Assets = Liabilities + Fund Balance

Because this is a simple mathematical formula, its elements may be transposed and the equation may also be expressed another way as follows:

Assets – Liabilities = Fund Balance

A valuable supplemental statement that can be prepared by a reporting entity is a statement of cash flows. This statement covers a period of time and accounts for the increase or decrease in an entity’s cash by showing where the company got cash and the uses it made of cash during the period being reported.

The attached Schedule A is a summary of the 2001 audit balance sheet information (taken from pages 5 and 6) expressed according to the basic accounting principles, definitions, and concepts described above. The schedule proves the two equations above that are used to create the balance sheet, which reports the town’s financial position at December 31, 2001.

With an understanding of the information provided above and included in Schedules A and B, Mr. Tenney’s comments are addressed below.

Question from Mr. Tenney: How can you have $4 million in the bank, but only $3 million in fund balances?

Answer: The four million of cash is only a subset of the total assets for the town. Additionally, in order for the town’s balance sheet to balance, assets equal liabilities plus fund balance. The difference (which is not a discrepancy when you apply proper accounting principles) is the town’s other assets and liabilities. The November 2002 balance sheet was not presented in the November 2002 financial report and was so noted on page 1 of that report with the appropriate explanation. I do realize, and so reported (page 24 of the November 2002 financial report) that there is still some reclassification necessary in order to present the correct financial position for all funds for 2002. As of November 30, 2002, the town’s balance sheet reflects the following equation.

Assets: $8,909,396.37

Liabilities Plus Fund Balance: $2,989,657,65 Plus $5,919,738.72 Equals $8,909,396.37

(Please note that the fund balance presented here is through 11/30/02 and the fund balance of $3,029,376 as referenced in Mr. Tenney’s third paragraph is the estimated fund balance through 12/31/02. Additionally, one may question why there is a difference of $2,809,363 in the Fund Balance from November to December. This is the result of year-end correcting and reclassifying entries being reported in the month of December, as anyone familiar with the town’s historical accounting could attest to.)

Question from Mr. Tenney: What sort of odd accounting is this?

Answer: The accounting presented in the 2001 audit report is in compliance with generally accepted accounting principles (GAAP). The auditor’s responsibility is to express an opinion on the financial statements based on their audit. The real confusion stems from a lack of understanding of basic accounting principles by uninformed readers.

Page 10 of the audit report is an income statement, i.e., a report of the town’s surplus for the year of $748,115 for the Water Fund only. The $748,115 increased the Water Fund Balance by this surplus amount. The Water Fund Balance cannot be confused with the Water Fund cash accounts, which are an asset and are not an item of reporting on an income statement. Page 11 of the audit report is a statement of cash flows, i.e., a report of the town’s decrease in cash for the year of $264,493 for the Water Fund only.

Schedule B is attached to address paragraph 4 of Mr. Tenney’s letter. Mr. Tenney suggests that $677,105 of additional cash plus the balance of $264,493 account for his assumed $1 million discrepancy. However, the $264,493 is a decrease of the cash balance that Mr. Tenney should have subtracted from his $677,105 balance, bringing his assumed discrepancy amount to $412,612 and not $1 million. The fact is that the cash balance in the Water Fund decreased $264,493 as was correctly reported in the 2001 audit report and is further substantiated by bank statements for the Water Fund cash accounts as of December 31, 2001 and December 31, 2000.

I would be happy to work with Mr. Tenney to help him better understand and interpret the financial statements for the Town of Monument.

Judy Skrzypek
Treasurer, Town of Monument

View Schedules A and B referenced in Judy Skrzypek’s letter.

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Letters from Law Enforcement: Cops for Kids

By Monument Police Chief Joe Kissell

The Cops for Kids program is alive and well here in Monument. The program allows the youth of our community to interact with officers from the Police Department and provides a role model and friend to contact if they need help or just want someone to talk to. Officer Rob Stewart oversees the program and arranges the activities.

This program is a success because of the community support we receive from businesses and individuals. I want to take the opportunity to thank those people who help us keep this worthwhile effort alive through money or product donations:

King Soopers
Monument Veterinary Clinic
Lake of the Rockies
Wells Fargo Bank
Compact Power Inc.
John Dominowski
Sally and Mac McInnes
Palmer Lake Bowl
JJ Tracks
Synthes
Monument Hill Sertoma
Mountain Man Nut & Fruit Company
Paula Jeansonne
Eagle Wine and Spirits

Thanks to everyone from your Police Department!

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West Nile Virus in Colorado

By Judy Barnes

In January, Environmental Health Specialist Lee Griffen gave presentations to the boards of trustees in Palmer Lake and Monument. The topic was the West Nile Virus that arrived in Colorado in Aug. 2002, three years after making its first U.S. appearance in New York City. The virus seems to have entered Colorado in Weld County through river drainage basins. No cases have appeared on the Western Slope. In Weld County, 49 horses were infected. Six horses in El Paso County were infected, and all survived. Seventeen infected birds were found. Most of these birds and horses were located around the Fountain Creek drainage basin. The one human case in El Paso County was a landscape worker who had a bad case but recovered.

West Nile Virus is spread by the mosquito species Culex tarsalis that constitutes 80 percent of the mosquitoes in Colorado. Mosquitoes become infected when they feed on a bird that is carrying the virus in its blood. After a short incubation, the virus can then be transmitted to a new host through the mosquito’s saliva when the mosquito bites another animal or person. People cannot transmit the disease to other people or animals. The highest death rates are seen among birds in the corvid family that includes crows, magpies, ravens, and jays. Griffen noted that health department officials were surprised to see any cases of West Nile here in 2002, as it was a year of severe drought. However, mosquitoes breed in almost any standing water, and even though their numbers were lower than usual, they were present last summer.

The second year that West Nile Virus is in an area is what health department officials call "the human year." In Illinois, more than 100 people died from the virus the second year it was present. New York City also had a high increase in human deaths the second year. Most people who are exposed do not become ill and do not have any symptoms. For those who do become ill, it generally takes five to fifteen days after the mosquito bite for symptoms to appear. Viral Fever Syndrome symptoms may include fever, headache, and malaise. These symptoms persist for between two and seven days. Encephalitis, an inflammation of the brain, or other neural involvement occurs in only about ten percent of infections. Sudden high fever and severe headache characterize the onset of these infections that can lead to permanent brain damage or death. Most deaths occur in people age 50 or older. A vaccine is available for horses; it is recommended that horses be vaccinated before April 15. No vaccine for humans is available at this time.

Since 2003 is the second year for West Nile Virus in Colorado, the health department is pursuing an aggressive plan of education, surveillance, and control. Griffen asked for volunteers from Palmer Lake and Monument to serve on a committee that will meet in February to help plan our regional mosquito prevention and control plan. Because retention ponds provide large mosquito breeding sites, the health department is targeting developers and homeowner associations, as well as water and sanitation districts. A bacteriocide is available to kill mosquito larvae in the water. It is less expensive and more effective to kill the mosquito at the larval stage than when it develops into an adult.

Tips for reducing exposure to mosquitoes

  • Limit outside activity around dusk and dawn, when most mosquitoes are feeding. This is particularly important for adults over 50 and for small children.

  • Wear protective clothing when you are going to be outside where there are mosquitoes. Use insect repellents with care, and consult your pediatrician before using any repellent on children.

  • Keep tight-fitting screens on windows and doors. Repair tears or holes.

  • Mosquitoes breed in any standing water, including irrigation ditches, old tires, flowerpots, birdbaths, pet watering dishes, and wading pools—in any water that lasts more than a few days. Drain all standing water on your property and around your home, no matter how small the amount may seem. Drain or change the water in birdbaths or wading pools frequently, and empty flowerpot saucers at least once a week.

  • Stock permanent ponds and fountains with fish that eat mosquito larvae.

  • Check faucets and air conditioner units and repair leaks that cause standing puddles.

  • Clean your roof gutters and assure that they do not retain standing water. Remove water that may pond on flat roofs.

  • Remove old tires and invert any items that may collect water, such as empty cans, buckets, or food and beverage containers.

  • Eliminate seepage and/or standing water from around cisterns, cesspools, septic tanks, and animal water troughs.

  • Do not water lawns to the point of saturation and puddling.

For more information, or to report a dead corvid or the location of a mosquito breeding site, contact the El Paso County Department of Health and Environment, (719) 575-8636 (West Nile Virus hotline), or visit the web site, www.elpasocountyhealth.org.

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Project Linus: "Providing security through blankets"

View Project Linus photo

Some caring Tri-Lakes "blanketeers" are quilting, crocheting, and knitting homemade security blankets to comfort children who are seriously ill, traumatized, or otherwise in need.

Project Linus got its name from the Peanuts character, Linus, who is often seen with his thumb in his mouth and holding his ever-present security blanket.

Feb. 15 is the project’s National Make a Blanket Day. Anyone in the community is welcome to help make blankets. Donations of fabric, money, or time and skills are welcome. For every blanket donated by Feb. 21, the donor will receive a raffle ticket for a chance to win a quilter’s sewing machine valued at $1,000.

The blankets need to be new, washable, and handmade. Even fleece throws are welcome. All the blankets will stay here in Colorado, and most will go to children in El Paso County.

For more information, call area coordinator Debby Evans at 719-481-8369 or visit www.projectlinus.org.

View Project Linus photo

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Inexpensive computer classes offered at Lewis-Palmer Middle School

The Lewis Palmer School District Technology Department and CompUSA are teaming up to extend Microsoft Office XP (2002) classes to the Tri-Lakes community at a significant savings.

The following classes will be offered: Excel 1 (Feb. 18 and 20), Excel 2 (Feb. 25 and 27), PowerPoint 1 (March 3 and 4), PowerPoint 2 (March 5 and 6), Word 1 (March 11 and 13), Word 2 (March 18 and 20), Access 1 (April 8 and 10), and FrontPage 1 (April 14 and 16).

Times for all the classes are 4-8 p.m. the first night and 4-7:30 p.m. the second night. Classes will be held at Lewis-Palmer Middle School. Each course costs $50, regularly $199 at CompUSA.

Space is limited; register early. Contact Ann Fetter for registration information, (719) 488-4078, ext. 0, or e-mail afetter@lpsd.k12.co.us.

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Between The Covers at the Covered Treasures Bookstore: Book Sense

By Judith Pettibone

Bookstores with great book sense are often Book Sense bookstores. Book Sense is a national marketing program that links more than 1,000 independent booksellers through the American Bookseller Association (ABA). Book Sense gives smaller stores a larger voice in a variety of ways. It allows independent bookstores to offer national gift certificates. Member stores report their best sellers for a weekly independent best-seller list. For many booksellers and their customers, a favorite perk is the popular, bimonthly compilation of independents booksellers’ recommendations in the free newsletter, Book Sense 76 (independents/independence).

Although certainly without the clout of the giant marketing machines of the big chains, independents have quite a bit of David in them. Since 1999, through the ABA and Book Sense, small stores have been making a forceful showing in the publishing world. Books expected to be rather small have become rather large through the efforts of the hand-selling that occurs in smaller stores. A good example would be Girl with the Pearl Earring by Tracy Chevalier. It was expected to have a small run; in fact, it became a national best-seller and is being cast for a major feature film.

Book Sense 76 features reviews written by independent bookstore staff. Each issue begins with the "Top Ten Picks." Other categories vary from issue to issue, but during a year nearly all genres will be covered. Special issues include topics such as "Summer Reads 76," "Mystery 76," and "Children 76." Here are a few recommendations from the January/February 2003 issue with some quotes from that issue.

From the top ten list

No. 1: Michelangelo and the Pope’s Ceiling by Ross King, $28.00

Appearing as the lead review in the Jan. 12 Sunday Denver Post, King’s book is also the number one selection for Book Sense. The reviewer calls it a 16th-century soap opera with all those larger-than-life characters like Michelangelo, Raphael, and the "mean" pope, Julius II (nicknamed "il papa terrible"). King takes away the mythology of this story and leaves an even more exciting tale to absorb. It is said to rival The Sopranos. King also wrote the best-selling Brunelleschi’s Dome.

No. 7: Hail to the Chief by Barbara Holland, $28.00, "Presidential Mischief, Morals and Malarkey from George W. to George W."

Holland even-handedly and with humor spares not one of our presidents or their families. She tells their tales. Read about the failures and foibles of the folks in charge.

From the "Word and Book Lovers" section

The Dimwit’s Dictionary by Robert Hartwell, $19.95, "5,000 Overused Words and Phrases and Alternatives to Them"

An inspired addition to your reference and/or writing library.

From the "New Fiction in Paperback" section

Captain Saturday by Robert Inman, $13.95

"A comic tale of a male midlife crisis with universal appeal for both men and women."

The Love of Stones by Tobias Hill, $14.00

This literary novel about characters who are obsessed with precious gems is rich in historical detail; a compelling thriller.

From the "Memoir and History" section

A Name of Her Own by Jane Kirkpatrick, $13.99

An early feminist tale, this book follows Marie Dorian, the only woman with the first group of white men, traveling overland from Missouri to Oregon after the Lewis and Clark expedition. Marie, a young Native American mother, seeks to create her own identity as she struggles to keep her family alive.

From the "Humor … and bitter satire" section

The Harmon Chronicles by Harmon Leon, $13.95

"I can’t think of anything I’ve read that made me laugh so hard and so often." Come along with Leon as he finds out how hard it is to get fired from a fast-food joint, or how easy it is to buy a gun or join the armed forces. You’ll find yourself laughing out loud at his experiences as a telephone psychic and a rental clown.

The unique reviews in Book Sense 76 are sometimes as interesting as the books themselves. One or more selections will no doubt wind up on your must-read list.

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Mardi Gras Casino Night in Palmer Lake Feb. 28

The town of Palmer Lake, Monument Hill Sertoma, and Pinecrest Event Center are sponsoring a fund-raiser for the Palmer Lake Volunteer Fire Department’s new fire truck. The Mardi Gras-style casino night will be held Friday, Feb. 28 at 7 p.m. The admission price is $10 per person, which will include hot and cold hors d’oeuvres. Advance ticket sales are encouraged to help in determining how much food to purchase and prepare. Watch for flyers that will have information on where tickets can be purchased. The group is hoping to have flyers in several area businesses as well as the town office in Palmer Lake. Sponsors are needed to help defray the costs of the gaming tables. Gifts are also needed for the raffle. The group is hoping this will be the first of an annual tradition.

Volunteers are being sought to help in various capacities, from dealing cards to serving food. If you are interested in helping or have any questions, call the Palmer Lake town office at 4812953. Plan on coming and having fun and helping to raise lots of money for a worthy cause. Now more than ever, with what looks to be a horrible fire season, the community’s support for the local fire department is needed!

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Wayne Williams to hold meeting Feb. 11

The El Paso County Commissioners are launching a series of evening and weekend public meetings dubbed the El Paso County Road Show. The idea is to make it easier for citizens to meet with the commissioners face-to-face.

Commissioner Wayne Williams’ meeting is set for Feb. 11 at Lewis-Palmer High School, 1300 Higby Road, Monument. The meeting will begin at 6:30 p.m. in the school auditorium.

Each of the commissioners plans to hold a public meeting. Dates and locations will be announced as they’re confirmed. For more information, call El Paso County Public Information Officer Ann Ervin, 719-520-6409; cell: 719-351-4732.

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Big birds visit local schools

View photos

On Monday, Jan. 13, Bent Tree resident Lacy Cronkhite visited three local schools: Palmer Lake Elementary School, Prairie Winds Elementary School, and Creekside Middle School. Accompanying Lacy were four wild bird handlers with a golden eagle, a Peregrine falcon, a hawk, and a great horned owl. They came from HawkQuest, a nonprofit wildlife education organization from Aurora. Cronkhite was kicking off Mutual of Omaha’s annual National Kids Summit, an essay contest to promote awareness of endangered animals. One winner will be chosen from each state. Contest winners will fly with an adult guest, all expenses paid, to California where they will meet Jim Fowler from Mutual of Omaha’s Wild Kingdom. They will also meet some of the animals they studied and wrote about. Of course, Cronkhite hopes that Colorado’s winner will be from the Tri-Lakes area.

View photos

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Friends of the Library, Tri-Lakes Branch President’s Report

by Syble Krafft

We are very proud of the recent improvements made to the Monument and Palmer Lake Libraries and hope you have seen them. We very much appreciate your help in making this possible.

One half of the $10 dues that Friends of the Library pay annually stays in our two libraries. Additionally, the Book & Bake Sale contributes considerably to our income. Also, the books that are donated to the Friends are sold, and that money is used for our libraries.

Our Friends group has sponsored all the children’s programs at our two libraries, bought a new refrigerator for the Monument Library, and helped to furnish the children’s corner. We have provided many amenities, both large and small, to help the libraries function more smoothly.

Meeting rooms are now available at the Monument Library for community activities. We sponsor a History Buffs Club that meets at that library on the first Wednesday of each month at 1 p.m. We plan to start a literature group this year. Our hope is to make the two libraries study centers as well as community centers. We think this is a worthwhile goal, and with your continued support and help we can make it happen. Our board of directors meets the first Wednesday of each month at 10:30 a.m. at the Monument library. All members are invited to attend. We need your suggestions and ideas on what your picture of our two libraries is in the coming years.

Thanks again for your fine support.

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Friends of Ben Lomond lead on!

View photo of prior FOBL adventures

By Sue Buell

Those who enjoyed learning about healthy alternatives in this area at the Jan. 18 Punt for Health at Lewis-Palmer High School most likely passed the Friends of Ben Lomond (FOBL) table set up to give information about Health Through Hiking. Many people learned about this project to raise money to purchase Ben Lomond Mountain as well as about the wonderful variety of hiking trails available in very close proximity to our community. Thanks to those who supported the project by buying T-shirts, walking sticks, and survival kits.

The Friends of Ben Lomond (FOBL) ADVENTURES FOR FUNdraising events have been well received and are contributing funds toward the purchase of the Ben Lomond mountain property just east of Palmer Lake. Some people have appreciated getting to know an area new to them, while others have had fun getting to meet like-minded people who spend time being active outdoors. There are many types of adventures with various themes, including wildlife appreciation and historical interests. Check out the updated schedule.

FOBL will be sponsoring adventures to continue raising funds toward the purchase of the Ben Lomond mountain property just east of Palmer Lake. The type of adventure will depend on the weather, the leader, and the location – hiking, snowshoeing, cross-country skiing, and biking are all possibilities. The fee is $10 per person or $15 if you would like a Save Ben Lomond T-shirt. The first 15 people to register with a credit card number by phone or e-mail to the leader will have secure places for the adventure. A waiting list will be started to handle cancellations. No-shows will be charged a $10 fee. The schedule will be updated monthly in Our Community News and in flyers at the Palmer Lake Post Office and the Chapala Building at 2nd and Washington.

Sat. Feb. 8, 10 a.m., approx. 6 miles, moderate, Rock Formations above 2nd Reservoir. Leader: Kay La Bella 719-488-5544 kaylabella@lycos.com

Mon. Feb. 17, 11 a.m., approx. 4 miles, moderate, Pike National Forest eastern extension on Mt. Herman Road. Adventure to include the Firemen’s Memorial Garden. Leader: Cyndee Henson 719-488-1293 cnrhh@aol.com

Sat. Mar. 8, 1 p.m., approx. 2 miles, easy/moderate, Fox Run Regional Park. Leader: Barb Linnenbrink 719-481-2571 blinnen@d20.co.edu

Sat. Mar. 15, 10 a.m. approx. 4 miles, moderate/challenging, AFA Stanley Canyon. Leader: Sue Buell 719-481-2474 suebuell@earthlink.net

Sat. Apr. 5, 10 a.m., 3-6 miles, moderate/challenging, Ute Valley Park in Rockrimmon. Bike or hike. Biking leader: Nate Swenson. Hiking leader: Sue Buell 719-481-2474 suebuell@earthlink.net

Tue. Apr. 15, 11 a.m., approx. 3 miles, easy, Black Forest Regional Park – Shoup and Milam. Hike with llamas!! Leader: Sandy Miller 719-481-8138 mrluckystars@aol.com

Sun. Apr. 27, Noon, approx. 2 miles, easy/moderate. National Forest off Mt. Herman Road. Historical hike including Monument Nursery and CCC Camps. Leader: Diane Kokes 719-481-3860 kokesdm@fotf.org

Sat. May 3, 10 a.m., approx. 2 miles, easy, Fountain Valley Wildlife Refuge. Birders paradise and wetlands. Leader: Joan Buell 719-471-4544 day 719-520-1953 wkend/eve joanbuell@hotmail.com

Sat. May 10, 10 a.m., approx. 12 miles, difficult/challenging. Bike from Palmer Lake Reservoirs NW to old plane crash site. Leaders: Jim and Mary Zalmanek 719-481-2712 mary@adventuresoftheheart.com

Sun. May 18, 1 p.m., approx. 3 miles, moderate/challenging. Mt. Herman from west trailhead (carpool from Monument). Leaders: Frank Bittinger and Keshia Hicks. Contact: Sue Buell 719-481-2474 suebuell@earthlink.net

View photo of prior FOBL adventures

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TLCA Studio Artist Spotlight: Ronny Walker

View photos of the artist and her works

View the artist's web site

Ronny Walker is a nationally known sculptor and has been a studio artist at the Tri-Lakes Center for the Arts for more than two years. The center has been honored to have an artist of Ronny’s stature on-site and last year invited her to run for the board as the artist’s representative. Ronny shares the studio area with other artists and wants to see the two open studio artists spaces filled because the group encourages and mentors one another.

Ronny’s sculptures have been shown around the world and have won numerous awards at prestigious shows, including the Merit Award at the 2001 Gold Coast Art Festival in Chicago and third in sculpture at the 1999 Affaire in the Gardens in Beverly Hills, Calif. Her works are represented in galleries in La Jolla and Orcutt, Calif., and Cave Creek and Scottsdale, Ariz. Her work is also highly valued in Europe. Often, Ronny’s sculptures are on display at the Tri-Lakes Center for the Arts.

Ronny is originally from Stuttgart, Germany, but now calls the Tri-Lakes area her home. Her origins and training in southern Germany gave her an appreciation for the traditional values of fine art. Moving to the United States broadened her perspective, and her pieces represent that vibrancy with names like "Lefty Playing the Blues" and "Dreaming of Elves and Bighorn Sheep."

"Sculpture has always been a fascination for me, as far back as I can remember," said Ronny. "I recall as a child gazing up at the statue of a Roman emperor, watching the light and shadows change the sculpture’s mood. Also, its physical presence becoming part of the surroundings, claiming its own space. I fell in love."

In addition to creating her own pieces, Ronny loves to teach sculpting. She is currently instructing a class at the Tri-Lakes Center for the Arts titled Sculpting the Body in Clay. For information on this class or upcoming classes, contact the Tri-Lakes Center for the Arts at 719-481-0475.

For studio space rental or general information about upcoming exhibitions, classes, and performance events, call the arts center or check out its Web site at www.trilakesarts.com.

View photos of the artist and her works

View the artist's web site

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The Society Page: Society brings history to life in Palmer Lake

View photos from the PLHS potluck

By Leon Tenney

The Palmer Lake Historical Society heard on Jan. 16 from four old-timers, who regaled the capacity crowd with stories that live within their memories about the Tri-Lakes area from the 1920s through the 1940s. Virgil Watkins introduced the four speakers: Harry Krueger, Ida May Knoll, Fern Britt, and Harlan Close. Together these five have more years on this planet than you would find in most elementary schools.

Harry Krueger told about his years growing up in Palmer Lake, how the White Kitchen was built, how the goats got into the elementary school one Halloween, and about the fires that burned on Star Mountain during the 1940s.

Ida May spoke of a Miss Marcy, another resident of Palmer Lake, who made such a big difference in her life. Miss Marcy said life is like a patchwork quilt: You have the dark squares and light squares that make it up. Some days are like the bright patches and some days are the dark ones. Ida May talked of hayrides and steak fries, and how she worked in the Remington Ammunition Plant in Denver during the war. The love of her life, John, would use some of his limited gasoline rations to meet outside the ammunition plant door at 1 a.m. She felt he was serious if he was willing to do that for her.

Fern Britt talked about her education in a one-room schoolhouse on County Line Road and Furrow Road. She spoke of how people lived in those times without telephones, electricity, or radios. People seemed to visit much more often. There seemed to be dances every week somewhere in the Tri-Lakes area, and the young men who worked every day still managed to have enough energy to dance past midnight.

Last to speak was Harlan Close, who was ably assisted by his son, Tom. Harlan told the "green pepper" story. Monument, in his words, was a little different then. All of these old-timers agreed that the times were grand when they grew up and this area was great.

In other business, the society voted Sam DeFelice in for another year as president. DeFelice told the society that its success was not due to him alone, but to all the hard-working volunteers: Bonnie Allen with book sales; Ethel Engel, a docent in the museum and member of various committees and boards; Hobie Edwards, board secretary; Rogers Davis, museum director; Susan Davis, museum curator; Norm Thompson, who was at every meeting; and the many who served as docents and kept the museum open every Saturday from 10 a.m. to 2 p.m.

Finally, DeFelice introduced Larry Myers, who was instrumental in getting the Estemere opened last year and who put together a magnificent program for 2003. Just a few of these events include: John Fielder, Feb. 20; Chuck Pyle, March 20; Professor Tom Noel, May 15; the Ice Cream Social, July 20; and the Estemere tour, Aug. 23. John Fielder wrote the book Colorado 1870-2000, which compares modern views to W. H. Jackson’s photos. Chuck Pyle is a nationally known cowboy/folk singer from Palmer Lake. Tom Noel, also known as Dr. Colorado, is a nationally known historian, columnist, and university professor.

These programs and much more can bring history alive in our own backyard. You can meet interesting people like Archie Archuletta, who is the proud possessor of one of the oldest names in the state. Join the society every third Thursday of the month and be part of the past, present, and future.

View photos from the PLHS potluck

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What is our legacy? - Thoughts prompted by the PLHS potluck

By Michelle Bell

I had the distinct pleasure of attending the Palmer Lake Historical Society’s annual potluck on Thursday evening. It was a lovely evening filled with laughter, love, and friendship. The crowd that gathered was as colorful as one of Miss Macy’s historic quilts. Although I have several wrinkles and gray hairs, it didn’t go without notice that my face was one of the youngest in the room (outside of my 4-year-old daughter).

Our feast stretched down a long table that may have included recipes spanning several generations—much like the stories that were told. I couldn’t help but think that the special gentleman sitting across the table from me wasn’t that much different from the tasteful lemon meringue pie I was eating: so sweet, with just a little tartness. Oh you dear, sweet (and funny!) man, Harland Cover. A question popped into my consciousness that haunted me all night: What is our legacy?

I watched the faces of those around me gleam in reminiscence as the "old-timers" got up to tell their stories. They nodded their heads, they smiled, and they cried as the tales were told and the pictures were passed around the tables. I couldn’t help but notice in the photographs that the boyhood glint in the eyes of these children, posed on the steps of the old schoolhouse, still remained.70 or so years later.

Their legacies are seen all throughout our community, whether they’re buildings or marriages that have stood the test of time, families that extend throughout the area, or even streets bearing names of significance that I’ve driven for years (i.e., Higby Road, Noe Road). What I was impressed with was their legacy of lifelong friendships, a sense of community, and an undeniable passion for keeping the spirit of Palmer Lake alive.

What is our legacy?

Harry Krueger spoke of "the white kitchen" and "the cabins" and the remnants of his family’s hard work. He told me the tale of "The Stolen House," about one of the first houses we rented when we moved here. He talked of where someone was born, where someone died, and where someone made a lasting impression on the girls, such as the time his pals put a piece of Limburger cheese in his pocket. Although he didn’t realize it—and I am sure it wasn’t his intention—he spoke with a beauty about simpler times that touched my heart.

It frightens me to think that our legacy is one of empty RiteAids, Super Wal-Marts, or condensed housing so tightly built together it destroys the fields where children and wildlife once played and the tranquility of our little lake. I wonder how these people live with the loss of bygone days and with the chaos that people and modern times have brought.

What is our legacy?

Although Ida Mae Noe lives on the other side of the county line, her roots are firmly planted in our community. She spoke of Miss Macy’s life and her quilts. She recalled, as if it happened yesterday, the retreats with the Little Log Church and the courtship between her and her husband, all of which made me long for more innocent times. She told of her husband driving the Model T for miles and miles just to have a rare night together at Elitch Gardens. And driving the Model T so quickly up the Old Denver Highway in anticipation for a date that the car rolled to its side and a local farmer had to pull it upright with his tractor.

It’s sad to say that "bigger and better" has replaced it all—whether it is the Model T, the Old Denver Highway or the old Elitch Gardens. And there’s more to come: interstate expansions, housing developments, strip malls. It’s funny, but I don’t feel like we have done ourselves any big favors.

What is our legacy?

I know I get nostalgic. But what was so beautiful that brought tears to my eyes, and not just from the gut-wrenching laughter their stories brought, was the genuine affection these people have for one another that spans a lifetime. It was what Fern Britt described as she spoke of simpler times in a one-room schoolhouse. Whether they are old neighbors, old schoolmates or part of the congregation from the Little Log Church, the light of friendship and sense of community shines as brightly as the Palmer Lake star.

It comes from people like Jody and Virgil Watkins, who we are fortunate to have as our friends. The love and friendship shared between Jody and Virgil extends far beyond the confines of their marriage and has a magical way of rubbing off on anyone who comes in their path. And their legacy of keeping the Yule Log ceremony going for many years now extends to their son Tim and surely to Tim’s children someday.

I’ll keep these memories close at hand as neighborhood battles heat up and tempers flair over developer’s rights verses those of the homeowners. I’m sure I’ll have to pull them out as I anticipate many heated debates over water and wells. Part of the lesson we can learn here is that we are all in this boat together.

What is our legacy?

I gleamed with pride as Sam DeFelice and Harry Krueger acknowledged the countless hours my husband put into our Palmer Lake Star. I realized my husband has left a legacy for not only my child, but for the countless others who will come and go and always remember our star. I also realize I want to be that face in our community that ages over time and has stories to tell—perhaps someday at the annual Palmer Lake Historical Society potluck. I realize I need to stop and be grateful for those who go to great lengths to preserve our history—the Davises, the Wards, the Meyers, and all of those with PLHS.

What a unique little treasure we have in the Palmer Lake Historical Society.

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