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Woodmoor/Monument FPD Board fires Chief David Youtsey, Oct. 26

View a photo of the W/MFPD Station

On the afternoon of Oct. 26, Tri-Lakes Fire Protection District (TLFPD) Chairman Charlie Pocock was at a meeting of the Palmer Lake Town Council Water Committee and said that Woodmoor/Monument Fire Protection District Chief David Youtsey was about to lose his job. That is just what happened at the Woodmoor-Monument board’s meeting that evening.

The meeting was attended by most, if not all, of the W/MFPD firefighters and many of their spouses, along with TLFPD Chief Rob Denboske, Assistant Chief Ron Thompson, recently promoted Battalion Chief Bryan Jack, and a number of TLFPD firefighters, resulting in an overflow crowd.

Major agenda items were not included in the public notice or the printed agenda for this meeting. Board President Si Sibell called for two unadvertised executive sessions. The termination procedure was also not listed on the agenda, even though firefighters of both districts were aware of the impending dismissal, having planned a reorganization throughout the preceding week.

However, no one had told Youtsey—who was responsible for preparation, posting, and printing of all the public announcements and agendas—that any of these actions were scheduled, leading to his complete surprise when Treasurer Bob Hansen read him the termination letter.

The meeting began with an executive session regarding a personnel matter and lasted 45 minutes. A second executive session, also on personnel matters, was called for at 8:10 p.m., at the conclusion of the 25-minute public meeting.

When asked, Sibell made it clear there would be no further public business conducted after that second executive session. However, after the press and public had departed, the board cancelled the executive session and resumed public business in a second unadvertised portion of the agenda.

None of these changes in the agenda was announced, moved, voted on, or approved by a vote of the board at the start of the meeting, as is standard practice for public meetings of special districts, municipalities, cities, or the county. At the September meeting, the W/MFPD board similarly adjourned the board meeting, then went back into an unannounced session after the press and citizens in attendance had left the building.

After the public session was called to order, Hansen took the floor and read the following letter to Youtsey:

"I regret to inform you that your employment with the Woodmoor-Monument Fire Protection District is hereby terminated due to a layoff for operational efficiency and economic reasons related to the planned formation of a fire authority with the Tri-Lakes Fire Protection District, which fire authority shall perform all of the services currently performed by the District.

"The District would like to assist you as much as possible in your transition to new employment and, in this regard, offers you a separation package equal to three months of continued salary and benefits, as detailed fully in the attached Separation and Release Agreement. If you decide not to accept the Separation and Release Agreement, your employment with the District is terminated as of the date of this letter. We will make arrangements for your final paycheck once you make your decision regarding the Separation and Release Agreement. Please coordinate the return of all District-issued equipment and property with me.

We thank you for your service to the Fire District and wish you luck in your future endeavors.

Sincerely,

Si Sibell

Chairman of the Board"

Hansen then told Youtsey he had three options:

Youtsey said he would like to check with his attorney before making a decision. Hansen replied that the district’s legal counsel had advised them that if Youtsey did not make an immediate decision, the board would be authorized to terminate him with no severance package whatsoever. Hansen immediately made a motion to terminate Youtsey with no severance; it was seconded by Vice President Rod Wilson. The vote was 3-1, with Secretary Bob Harvey opposed. Harvey did not say why he opposed the motion.

Youtsey and Harvey both said during the recess that they were never informed about the board’s plans or that termination discussions had taken place. This appears to violate Title 24 of Colorado Revised Statutes that states:

"All meetings held by members of a state public body … to consider the appointment or employment of a public official or employee or the dismissal, discipline, promotion, demotion, or compensation of, or the investigation of charges or complaints against, a public official or employee shall be open to the public unless said applicant, official, or employee requests an executive session."

Those voting to fire Youtsey–Sibell, Wilson, and Hansen–were all on the May election ticket that was supported by the W/MFPD International Association of Fire Fighters (IAFF) members. The Tri-Lakes board also endorsed this ticket by approving a resolution of support.

Hansen, who lost in the special district elections in May, was subsequently appointed to the board when board member Russ Broshous resigned this summer. During the election campaign, Hansen submitted a statement to OCN that said firefighters "do not have confidence in their chief. They have presented the current board with letters of no confidence twice, and the board chose to disregard their concerns. I believe it is time to start, ‘protecting the people who protect us.’ As a board member, this will be my mission."

Jeremy Diggins, who recently resigned as Woodmoor/Monument’s treasurer, did not attend this meeting. Sibell had said that each of the three in favor had "polled Jeremy and he agrees with this direction." However, when he returned from being out of state, Diggins told Harvey he did not know Youtsey was going to be fired.

Youtsey’s years of service: Youtsey served the district for 15 years, nine of them as chief. During his tenure, the entire apparatus fleet was replaced, a major renovation of the fire station was completed, and additional apparatus was obtained. During a time of major population growth, the district was reevaluated by the Insurance Services Office and the rating improved nearly two points. Additional personnel were hired and an Advanced Life Support engine company with a full complement of four firefighters became the standard level of service.

In addition, major improvements were made in reducing the wildland fire risk in the Wildland Urban Interface so prevalent in the area. As the result of Youtsey lobbying the local homeowners association, combustible roofing was eventually prohibited, the Urban-Wildland Interface Code was adopted, and the district became one of the first in the state to authenticate a Firewise safe home parcel.

His tenure was also highlighted by the highest personnel certifications and qualifications in the region, as well as the highest pay and most individual qualification incentive pays.

The controversy over the second letter of "no confidence," which was presented to the previous board on Sept. 22, 2003, was promptly resolved when the board found no basis in fact for any of the allegations. The letter had been written by Captain Larry Garner and signed by eight other IAFF firefighters. All the complaints raised were resolved through a standard confidential grievance process in accordance with district, county, and state policies.

Rob Denboske, the chief of the Tri-Lakes district, has assumed the position of acting chief, even though he is not an employee of W/MFPD and is not certified as a Fire Officer, as required for all W/MFPD officers.

In routine matters, the board approved the September financial report. Hansen, who recently replaced Diggins as treasurer, had some questions about two figures that had changed in the monthly cash recap. The total amount of money allocated to pay and benefits for employees, line item 60210, had to be changed because of the unusual amount of overtime paid due to the unfilled personnel positions. Turnover remains high.

The other two figures changed by $40,000 because the expense for purchase of the new Tahoe administrative vehicle was moved out of the administrative capital equipment line to the major equipment purchases line, as suggested by the auditor. Although Hansen had been directed to reduce the proposed pay raise for employees from 5 percent to 3 percent in the 2005 budget—because TLFPD Treasurer John Hildebrandt said his district could not afford to keep up, would not respond in kind with their firefighters, and wants to keep the two districts’ firefighters’ pay similar—the issue was not discussed at this meeting.

There was a pin-on ceremony for recently hired firefighter Janaka Brandon. He is certified on the national registry as a Firefighter II and a paramedic. His fiancée Laura pinned on his badge and bugle insignia.

The board tabled a revision of the modified/light duty policy, and then tabled it for further review to ensure that it complies with all related state and federal laws and regulations.

The board then recessed to go into a second executive session regarding personnel issues at 8:10 p.m. Sometime later in the evening, the board decided not to go into executive session. In the public session that followed (at which only the board was present), Captain Larry Garner was appointed to the new position of battalion chief in accordance with a new organizational chart that was never discussed or voted on at a public meeting. Denboske was appointed acting chief at that time.

There has been no public discussion of, or vote on, any of the changes in personnel policies or district regulations that would be required to describe the duties and powers of these positions, nor has there been any vote on what these positions imply in terms of changes in pay or benefits. The 2004 budget does not account for them, and there has been no action to amend it in a public meeting.

In a letter dated Nov. 2, Harvey resigned from the W/MFPD board, effective after the joint Tri-Lakes-Woodmoor/Monument board meeting scheduled for Nov. 4. In his letter, he stated his concern about meetings that he was not notified of and what he believes to be violations of Colorado statutes by the other directors:

"To the Citizens and Board of Directors WMFPD,

Please consider this to be my letter of resignation from my position on the Board of Directors for the Woodmoor/Monument Fire Protection District. As of November 4, 2004 I will no longer conduct business for the district in capacity as Board Member or Secretary of the Board.

There are several reasons I feel that I can no longer be effective in this position and feel that in my own mind I must separate myself from an organization that conducts business in the manner in which I have observed over the recent months.

On several occasions I have reminded the board that we must conduct business in compliance with state laws governing special districts, that decisions were being made and action being taken from what are known as executive sessions, which are to be used for informational purposes only. All actions in governing a district must come from an open, announced and posted meeting. Your actions (Sibell, Wilson, Hansen) indicate to me that a meeting had taken place at another place and time that was not posted to discuss the termination of Chief Youtsey, as I was clearly the only member of the board that needed to review the organizational structure chart or even asked about the termination package offers.

The action to utilize the law firm contracted to review the merger agreement with Tri-Lakes in preparing the opinions and termination packages for Chief Youtsey appears to be in violation of state statues, I cannot find record of a board meeting discussion including this as services they should provide. The only conclusion I can draw from this is that a meeting to decide this course of action took place that was not announced or published and open to the public, a meeting of which I was excluded from, perhaps the October 21, 2004 TLFPD meeting when you (Hansen and Wilson) joined in the executive session that followed? In using a law firm in this matter without a board meeting is in violation of the law, which requires a board meeting to approve specific legal expenditures. In regards to this practice you have excluded me as a board member and constituents of the district in an inappropriate manner.

As to honor and ethics, during the executive session I asked if Mr. Diggins was aware of this action, Mr. Sibell made the statement that Jeremy was not present but had been polled and he was in agreement with this action, during a conversation with Mr. Diggins on October 29, he stated that he was unaware that this action would be taken at this time, it was perhaps discussed as a possibility in an executive session where I (Harvey) was not in attendance. During one of the first joint meetings it was promised that no personnel would lose their job because of this merger, some individuals may have different positions or work in different locations or have different responsibilities, but no one was to lose their job, this promise has obviously been violated with the termination of Chief Youtsey under the guise of operational effectiveness and economic consideration.

To the question of who is running the Woodmoor/Monument Fire Protection District, How can the chief of the TLFPD be named as acting chief when both departments have not signed the IGA and or the fire authority documents, or has this too already occurred without my knowledge?

Robert Harvey"

At its regular meeting Oct. 21, the Tri-Lakes Fire Protection District Board of Directors promoted three lieutenants to the position of captain.

The board also held a hearing and then unanimously approved inclusion of a 20-acre parcel east of Highway 83 belonging to Herman and Eleanor Polich and unanimously approved accepting a petition for inclusion of the 43 lots in Whistler Ranch Filing 2.

At the end of the meeting, the board held an executive session with Rod Wilson and Bob Hansen, two members of the Woodmoor-Monument Fire Protection District Board, to discuss details for the proposed agreement to form a joint fire authority as announced at the Sept. 16 meeting of the Tri-Lakes district board.

Director John Hartling was on vacation.

Director and treasurer John Hildebrandt reported that year-to-date receipt of ambulance revenue has exceeded $200,000, which is about 60 percent over budget. He projected ambulance revenues for the year might top $225,000.

Hildebrandt reported that as of the end of September, expenditures stood at 73 percent of the budgeted amounts, which is 2 percent less than the anticipated level for this point in the year.

Hildebrandt also noted that the final audit report for 2003 carries a notation that the district spent $102,271 in excess of amounts budgeted, which is a violation of Colorado law. Hildebrandt said the additional expenditures were due to additional revenues received. He said the district should have made a budget adjustment in December 2003 to account for the additional revenue and expenditures.

District president Charlie Pocock suggested that when the audit report is approved at the Nov. 18 meeting, a notation be added explaining the situation.

Chief Robert Denboske reported as follows:

Pocock noted that the district previously paid for dress uniforms for the paid staff and two more paid firefighters have been added to the district. The board unanimously approved $450 each for dress uniforms for the new hires.

Ron Thompson, assistant chief and Emergency Medical Services (EMS) Coordinator, reported as follows:

Thompson stressed that the terms paid versus volunteer not be confused with professional versus amateur. He said, "Because someone is a volunteer does not mean they are not total professionals."

Director and architect Rick Barnes reported as follows on construction of Station 2 on Roller Coaster Road near Highway 105:

The board held a hearing on the petition for inclusion of a 20-acre parcel at 6555 Echo Ridge Heights owned by Herman and Eleanor Polich. The petition was unanimously approved.

The board unanimously voted to accept a petition for inclusion of the 43 lots in Whistler Ranch Filing 2. The petition was signed by all of the property owners.

Denboske noted that Whistler Ranch Filing 1 is already in the district. Petitions are being circulated for inclusion of Filings 3 and 4.

Pocock said the purpose of the executive session with Wilson and Hansen was to review the intergovernmental agreement with the Woodmoor-Monument district to form a fire authority. However, no formal motions have been passed during public sessions to authorize negotiations for creation of a fire authority or to specifically allocate funds for the legal work associated with preparing the documents.

**********

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 is scheduled for Nov. 18.

For more information, call Chief Denboske at 481-2312 or visit www.tri-lakesfire.com.

Donald Wescott FPD board, Oct. 13

After years of discussions about unification with neighboring fire districts, the Donald Wescott Fire Protection District (DWFPD) board’s agenda for the Oct. 13 meeting focused primarily on internal matters, specifically preparation of the 2005 budget and expansion of their headquarters on Gleneagle Drive. All members of the board were present for this session.

Ritz gives unification status report: After the minutes were approved, Chairman Brian Ritz told the board about a discussion he had with Tri-Lakes Fire Protection District (TLFPD) board member Keith Duncan at the Special District Association convention a few weeks earlier. Ritz said he told Duncan that Tri-Lakes Chairman Charlie Pocock’s characterizations of Wescott’s role in unification discussions and the closest force response plan were unfair and incorrect. Ritz said Duncan agreed with him and said Wescott had no choice in the matter regarding being excluded from the fire authority negotiations between Tri-Lakes and Woodmoor/Monument Fire Protection District (W/MFPD).

Wescott argued passionately for inclusion in a closest force response plan for medical calls within the Tri-Lakes district south of Higby Road; however, talks fell apart when the other two districts decided to merge and exclude Wescott from further discussions. After W/MFPD’s vote Sept. 26 to terminate the Memorandum of Understanding on merger that it had with Wescott, Woodmoor’s board member Bob Harvey asked how any of his or the Tri-Lakes board members could look a Creekside Middle School parent in the eye and explain why Wescott is not allowed to respond to their school (which would take three minutes) when neither of the other districts can drive there in under seven minutes. Wescott still has not received written notification that W/MFPD dissolved the MOU.

Ritz said the Wescott board remains firmly committed to the concept of closest force response, but cannot move forward on the matter.

Treasurer Dennis Feltz reported that an additional $20,000 in special ownership taxes had just been received, bringing the total for the year to date to $54,000 over the budgeted amount. There is no way to predict how much this source of revenue will provide from year to year, so budget estimates tend to be conservative to prevent overspending. The board approved $7,700 for additional training in December for seven firefighters.

Director Kevin Gould showed the drawings for the expanded parking lot, then noted that the district’s advertisement for bids had been published. The expansion is budgeted for $264,000 in 2005 to provide an additional engine bay, new offices, a conference room, and more storage space. The parking lot would cost an additional $21,000 to $24,000, which will be added to the 2005 budget if the board approves it.

First draft of 2005 budget presented: Chief Bill Sheldon discussed the first draft of the budget that contains working numbers for most of the line items for the board to review and discuss at the November meeting. Sheldon will provide additional information and the rest of those figures before then. Some of the specific budget items he wants board concurrence on included:

The board voted to have the December board meeting on Dec. 8 instead of Dec. 15 because the budget has to be submitted to the state no later than business hours on Dec. 15. The amended budget for 2004 and mill levy certifications for 2005 are also due at that time.

The board went into executive session at 9:42 p.m. to discuss personnel matters. The public meeting resumed at 10:47 p.m. The board announced that they will study three options for a pay increase for 2005—3, 5, or 7 percent—but the exact percentage will have to be determined at a later date, after all the other budget numbers are firmed up. The meeting adjourned at 10:48 p.m.

The next board meeting will be held at 7 p.m. on Nov. 10 at Station 2, 15000 Sun Hills Drive. The 2005 budget hearing meeting will be held at that time.

Big trucks, little kids meet for open house at Wescott, Oct. 16

By Jim Kendrick

Over 400 people visited the Gleneagle Drive station of the Donald Wescott Fire Protection District to observe an array of fire, ambulance, and rescue equipment from regional North Group fire districts and the El Paso County Sheriff’s Office. The Wescott and Antelope Trails Elementary School parking lots were filled with millions of dollars worth of big ladder trucks, pumpers, tenders, brush trucks, a helicopter, a Hummer, and a low-pressure tracked rescue vehicle for blizzards.

It seemed every child in attendance wanted to sit in or climb on them. Smoky the Bear hugged everyone who came near, and AMR’s huge teddy bear made the youngest attendees happy. There were also CPR training mannequins in infant and adult sizes.

Emergency agencies offered advice, information, and training courses for individuals and groups on topics from CPR to fire-resistant building materials to best insurance options. Two highlights were the arrival and display of Centura’s Flight-for-Life helicopter and a training exercise showing how occupants "trapped" in a Datsun 280Z would be extracted with the "jaws of life."

The Smoke House trailer showed kids how to get out of smoke-filled rooms. Kids also learned what firefighters look like in their protective equipment and breathing masks, so they would not be afraid and hide from them in a real fire.

Lunch was served by the county’s Fire Rehab volunteers, who typically set up shop at the command staging area of big fires and training events to feed the firefighters.

County election results available on-line

Detailed election results for El Paso County are available at http://car.elpasoco.com/elemain.asp.

A few highlights:

Four items involving northern El Paso County were presented at the Oct. 19 and 26 meetings. Both items on the agenda for the first meeting were on the consent calendar:

These two items were approved unanimously.

The Oct. 26 meeting had two "regular" items in our area:

There were some objections to the proposal by residents of The Heights Homeowners Association. Meetings with the developer and the residents and subsequent discussion at the planning commission meeting resolved the issues. Both the amendment and the preliminary plan were approved unanimously.

The planning commissioners will have meetings Nov. 16 and Nov. 23. It appears the developers are trying to get all their projects approved before the membership on the El Paso County Board of County Commissioners changes as a result of the Nov. 2 election.

County Water Authority looks to conjure up some water

View photos of CSU water injection experiment

Do you know where your water has been? Residents whose faucets ordinarily bubble out water from the Denver or Arapahoe aquifers may be surprised to find out the real source of their water, if tests run by Colorado Springs Utilities (CSU) are successful.

The tests, now being conducted, will determine if "foreign" water can be injected into these aquifers. CSU wants to use the aquifers for storing water for its customers. The theory is that excess water available in the wet years would be pumped into the aquifers so it will be available for CSU customers during dry years.

If that storage occurs, the groundwater that usually comes out of taps in northern El Paso County households will be mixed with some trans-mountain water. That water will have traveled from the Twin Lakes and Homestake Reservoirs, on to the Otero Reservoir, and down to the Rampart Reservoir. It makes a stop at the Air Force Academy for treatment at the Pine Valley or McCullough Treatment Plants. Then it will be stored in a large holding tank such as that at the Northgate Pumping Station. Finally, it will be injected from the tank into the aquifer.

Cortney Brand, who manages the Storage and Recovery Project for CSU, is running tests to make sure the water evenly disperses into the aquifer and does not build up in just one area. Each test involves extracting the water from a holding tank and pumping it into a well drilled into the aquifer. Brand says the first test in the Arapahoe aquifer was successful.

The Environmental Protection Agency is responsible for the quality of the water that results from the intermixing of transmountain and aquifer water sources. Valois Shea of the EPA was contacted about the EPA’s oversight of the water injection process. She said no EPA personnel are present for aquifer injection testing.

While the EPA is responsible for ensuring that the water meets drinking water standards, the Colorado Division of Water Resources (CDWR) is supposed to ensure that CSU does not withdraw more water than what they have stored. CDWR representative Heidi Frey said they monitor extraction quantities. Rules are defined in the 1995 "Denver Basin Artificial Recharge Extraction Rules" (www.water.state.co.us/pubs/rule_reg/denbasinrechgPDF.pdf).

Jim McGrady of CSU discussed this effort, called the Water Storage and Recovery Project, at the Oct. 6 meeting of the El Paso County Water Authority. It is one of many approaches to water acquisition being discussed.

SWSI (pronounced swa-zy), a 15-month project of the Colorado Water Conservation Board to ensure adequate water sources throughout the state, has identified large water deficits in its latest studies. Projecting out to the year 2030, SWSI had believed 90 percent of the state’s water needs would be available.

Water Consultant Gary Barber said the latest SWSI analysis, presented at the September Water Authority meeting, indicates large water "gaps" have been identified in the projection for the future. Slides from SWSI indicate that the Arkansas Basin may be short of its projected water supply by 17,400 acre-feet/year, roughly 6 billion gallons.

Barber said that the supply may have been overestimated because different areas around the state may be relying on the same sources. He also noted the assumption had been made that the Denver Basin groundwater would still be available for pumping.

The final SWSI report will be presented to the Colorado Water Conservation Board Nov. 16 and 17.

With population growth projections going up and water availability projections going down, members of the Water Authority were left somewhat to their own devices to make water appear.

Barber presented ideas for increasing water supply to Water Authority providers. The Water Authority gave him the go-ahead to send them on to the SWSI. These include:

"There is a lot of dialogue going on at the Southeast Pueblo Board of Water Works, Colorado Springs Utilities, and the City of Aurora about regional cooperation. I think that has been one of the benefits of this SWSI thing, to have all the players in the room together," Barber said.

The real trick for the Water Authority is to convert money to water, if they can just get the money.

To this end, funding for the Monument Creek/Fountain Creek Transit Model Project was discussed. Funding is $55,000 short of what the U.S. Geological Survey (USGS) needs to perform the work. This model that the USGS will develop should help decrease water loss going downstream. Currently the state assumes an average loss of roughly 30 percent of the water returned to Fountain Creek by upstream sources before it reaches the Arkansas. Water Authority members contend that a higher percentage is actually being delivered into the Arkansas than they are being credited for, hence the need for the study. If the new model shows a significantly lower loss (projected to be possibly as low as 10 percent), sanitation districts may sell or lease the difference (as much as 20 percent).

Ideas were presented as to how the monetary shortage could be made up. Donala Water and Sanitation District Manager Dana Duthie suggested a percentage assessment on those entities participating in the Water Authority. The percentage assignment would need to be worked out.

"We’re building the bridge as we cross it," said Barber. He said Steve Miller of the Colorado Water Conservation Board is trying to get money from the state budget for the Transit Model project. The good news, Barber said, is that the USGS will cover 40 percent of the cost for 2004.

Southern providers and interested parties will meet to discuss funding and cooperation on the project on Nov. 12 at 10 a.m. at the City of Fountain Administration Building.

Barber said the state engineer should notify everyone he administers that they have the opportunity to help finance the Transit Loss Model or "build their own mousetrap."

McGrady said they have been in contact with a number of well users that use Fountain Mutual Irrigation Company as a source of water augmentation. He said Fountain Mutual and its members have some financial obligation because the majority of the company is using that water to augment wells.

**********

The El Paso County Water Authority normally meets the first Wednesday of each month at 27 E. Vermijo St., Colorado Springs, 3rd Floor Hearing Room. For information, call 520-6300.

View photos of CSU water injection experiment

Mayor Nikki McDonald called the meeting to order at 7:06 p.m. All members of the Town Council were present. The council first convened as the Liquor Licensing Authority, and presentations were heard from Jan Vaughn of the Tri-Lakes Center for the Arts and Kathy Wentzel of the Tri-Lakes Women’s Club.

Vaughn noted that six permits had previously been authorized for the center. Events are scheduled for Nov. 19 and Dec. 2, for which permits are to be used. Town Manager Della Gray suggested that Vaughn have the actual liquor licenses in her possession at each event.

Wentzel requested a permit for the 3rd annual Wine and Roses event to be held at the Pinecrest Event Center on Nov. 4. Proceeds from the event are used to fund various not-for-profit organizations in School District 38. Both requests were unanimously approved. The Liquor Licensing Authority adjourned at 7:10 p.m., and the Town Council Workshop was convened immediately afterward.

McDonald requested reports from each of the standing committees.

Water: Trustee Chuck Cornell reported that the Water Committee was still meeting regularly and stated that the group would be ready to report its results within a month. The committee’s next meeting was scheduled for Oct. 12 at 4:30 p.m.

Parks and Recreation: Trustee Trish Flake stated that Town Engineer Paul Gilbert discovered that the clay bottom to Palmer Lake had been compromised, which could explain some of the water loss. Soil testing is being planned to help assess the problem.

Community and Economic Development—Buildings: Trustee Max Parker commented that sound systems are currently being evaluated as replacements for the system in the Town Hall building.

Police: Trustee George Reese reported 117 calls for service, compared to 134 in August. Six custody calls and 27 cases were reported for September, which matched the totals for the previous month. September showed a decline in traffic citations, from 23 in August to 14 in September. There were no water or dog citations, or traffic, water, or dog warnings for September.

Fire: Trustee Brent Sumner reported the following calls for September: 2 fire, 10 medical, 2 public assist, and 4 mutual aid. There were no traffic accidents or wildland calls for the month.

The Palmer Lake Volunteer Fire Department is preparing for the annual chili supper and star lighting on Nov. 27. Sumner noted that the mobile chipping program was successful this year, with over 70 homeowners utilizing the program.

Most of the equipment from the 2004 FEMA grant has been received, including extrication equipment, ventilation saw, port-a-tanks, nozzles, hose, and a variety of adapters. He also stated that four members of the department attended the national Fire Academy weekend in Snowmass.

Roads: No formal report was offered. Roads Supervisor Bob Radosevich stated that he was waiting on information from the Colorado Department of Transportation on the access permit and drainage plan for the bowling alley. The council agreed by consensus to vote on this issue at the Town Council meeting scheduled for Oct. 14.

The council reviewed several requests for business licenses.

McDonald said all three business license requests would be added to the consent calendar for the following week’s Town Council meeting.

Ordinance 6-2004 was proposed to change the membership of the Board of Adjustments to include three citizens, one member of the Town Council, and one member of the Palmer Lake Planning Commission. The reasons for this change are, first, it has been difficult to recruit citizens to participate on the board, so quorums for meetings often were not met. Also, adding members from the Planning Commission and Town Council would increase the level of communications among the three town entities.

McDonald noted that the ordinance would need to be an agenda item at the next Town Council meeting.

Developer Tim Shank of Blue Dolphin Construction requested a road construction permit for the south fork of Shady Lane. Gray stated that she wanted to ensure the application was "by the book" and told the council that a motion to approve or deny the permit was needed at next week’s Town Council meeting.

The council then discussed proposed Town Ordinance 5-2004, Shank’s request to vacate the alleyway between parcels 71051-12-006 and 71051-12-008. This alleyway borders the south side of Page Street between Columbine Road and Highway 105. Gray stated that the ordinance will be ready for consideration at next week’s council meeting and is only awaiting an exact legal description for the property.

The town owns the 30-foot strip of land on the south side of Page Street, and Shank has offered to develop that strip as an off-street parking and drainage area. The council expressed a need to retain an easement for access to the utility poles, which line the northern edge of that land.

A discussion of the value of the property ensued, with the town wanting an appraisal of its fair market value and Shank contending that an accurate appraisal is very difficult and expensive to obtain. He said that a decision needed to be made soon to allow him to begin bringing in dirt to raise the property out of the floodplain. He expects to spend around $50,000 for 8,000-10,000 cubic yards of fill to get the property ready for building.

Flake noted that each parcel is already assessed at $19,500. Gray expressed concern about citizen reaction if the property is sold below the assessed value.

Coleman addressed this application for the council. He said that he had reviewed the application with the Roads Committee earlier in the day, and that Radosevich had filled out the permit. Two conditions were attached to the permit: The first is that asphalt is to be laid to the end of lot 13; the second is that a 4-inch layer of asphalt is to be laid on top of a 4-inch gravel base, instead of 3 inches of asphalt on top of a 6-inch gravel base.

The rest of the meeting was devoted to Randy Jones’ development plan for the extension of Meadow Lane and access to Westward Lane. Jones of RKJ Construction was present at the meeting with his legal representative, Al Johnson. Jones provided copies of subdivision plan documents to each of the council members and, with Johnson elaborating, addressed each of 17 points of concern noted by the Palmer Lake Planning Commission at its previous meeting.

Jones contended that a storm water discharge permit issued by the Colorado Department of Public Health (DPH) adequately addresses erosion control and revegetation issues identified by the Planning Commission. He said DPH will issue a permit for developments under 5 acres. His build schedule of approximately one to two houses per year at one-eighth acre per house, plus the three-fourths acre for the road, will keep his development well within the DPH permit limits.

Replatting the lots in the development, another concern raised by the commission, is an issue for the town attorney to deal with, said Jones. The need for possible replatting is only due to the Army Corps of Engineers’ request that the road be moved 30 feet east of its planned location to accommodate the wetland area to the west.

Jones agreed that an updated Preble’s meadow jumping mouse study is warranted for the area and agreed to apply for another study.

He disagreed with the idea of paving the road extension and its connection to Westward Lane. He contends that the town cannot adequately maintain its existing inventory of asphalt roads, much less any additional pavement. He said that the existing extension to Meadow Lane, a dirt road, is in good shape because of the application of magnesium chloride for dust mitigation. He contended that there is no risk of pollution affecting the wetlands if the chemical is applied according to the manufacturer’s recommendations.

Johnson said that additional pavement would increase runoff flows. He said paving the road will add $32,000 to $35,000 to the cost of the development and would impact its goal of providing affordable housing for the community. Flake stated that $32,000 is not really an inordinate incremental amount for a development of 18 houses.

Johnson further stated that the Planning Commission’s suggestion of cross-culverts placed at 100-foot intervals along the roadbed is something the town engineer should address. He said representatives from the Regional Floodplain department maintain that culverts should not be the main source of water flow to the wetlands area.

Another issue raised by the Planning Commission is the need for multiple access routes to and from the development. A second access road would connect Westward Lane with Meadow Lane at the south end of the development. Jones stated that his development is small enough—at 18 units accessed from Meadow Lane—that a second access road is not needed.

Neighborhood residents were allowed to voice their concerns. Several maintained that the road connecting Meadow Lane and Westward Lane was not really a second access road to the development, but a second entrance to the single road leading into the properties.

Resident Tim Nolan stated that if the Douglas County road standards, which the town adopted, specify asphalt for new roads, "then why are we even discussing this [issue of dirt road versus asphalt]?" Gray stated that the standards provide for flexibility on a road-by-road basis, and asphalt with curb and gutter construction defines the high end of the standard.

Coleman said he would like to see a drainage study done of the area. He said the cost for such a study could range from $500 to $5,000.

Town resident Gary Atkins, who is also a member of the Palmer Lake Planning Commission, echoed Coleman’s concerns about drainage and resident concerns about a secondary access road to the development. He said that the Planning Commission strongly recommended paving the road to eliminate the problem of magnesium chloride washing into the wetlands. He further noted that the commission recommended returning the application to the planning department for rework and formal approval by the town engineer.

As citizen comment abated, Johnson again addressed the council. He concluded by reiterating the development’s goal of quality, affordable housing and emphasized Jones’ willingness to abide by all conditions established for the development.

McDonald adjourned the meeting at 10:13 p.m.

Mayor Nikki McDonald called the meeting to order at 7:06 p.m. Tom Wiens, a candidate for Colorado State Senate District 4, gave a short presentation about his candidacy to the council and the 20 or so members of the audience.

Roger Kort, Director of Public Relations for Aquila Gas, presented an overview of the process of extracting natural gas and delivering it to the consumers in Palmer Lake. He discussed the reasons for the 13 percent increase in the price of natural gas this year.

Kort said the price consumers pay per hundred cubic feet of natural gas is made up of four components: a monthly facility charge, local distribution costs, gas commodity cost, and an upstream demand cost. Two of those components, the monthly facility charge and local distribution costs, are set by the Public Utility Commission and have not changed since 1992.

The largest part of the cost increase is due to an increase in the gas commodity component. For 2003, the cost was $0.52860 per hundred cubic feet, which increased to $0.59269 for 2004.

The upstream demand cost is what Aquila pays to have the gas transported through high-pressure lines from the wellhead to its local distribution centers. The upstream demand cost increased from $0.05264 per hundred cubic feet in 2003 to $0.09526 in 2004. The total cost for 100 cubic feet of natural gas is $0.85998 for 2004, up from $0.75327 in 2003.

Community and Economic Development – Buildings: Trustee Max Parker reported that the Fire Department building has a small leak in its roof. Parker and Fire Chief Julie Lokken asked for volunteers to assist with repairs.

Parker read the text of a proposed agreement between the town and Access Construction regarding the construction at 835 Highway 105. Access is requesting that the town approve the project with 30 parking spaces, a smaller number than provided for by standards. In return, Access will agree to only rent the lower floor of the facility as a single unit with no subleasing. A motion to send the agreement to the mayor for signature passed unanimously.

Parks and Recreation: Trustee Trish Flake said that work continues on sign maintenance.

No reports were given for the Water, Fire, and Police Committees, nor was the Mayor’s report given.

Fountain Creek Watershed. Bob Miner reported on developments with the Fountain Creek Watershed. He said a presentation was made the second week of September to the Pikes Peak Area Council of Governments (PPACG). The presentation identified a concern that the watershed study, contracted with the Army Corps of Engineers (ACOE), did not have enough funding to be completed. Senator Wayne Allard’s office has been asked to investigate the funding issue on behalf of the local governments participating in the study. Background information on the study can be found online at http://www.fountain-crk.org/ACE%20Watershed%20Study/ace.htm.

PPACG: Miner also attended the PPACG meeting on Oct. 13. He said that during that meeting, questions were raised about the need for environmental projects in the study area. He asked the council to consider if there was any area along either fork of Monument Creek where an environmental project could occur. Parker asked who would fund such a project. Miner noted that several funding sources are available, such as the Natural Resources Conservation Service and the ACOE, but that he could not speak on behalf of any of them.

The ordinance proposes that the composition of the Board of Adjustments be changed to include a total of five members, including one member from the Town Council and another member from the Palmer Lake Planning Commission. A motion to accept the ordinance as written was made by Trustee Chuck Cornell and seconded by Trustee Gary Coleman.

Miner returned to the podium to address several points of the proposed ordinance. He noted that four citizen members are currently serving on the board and that adding the council and commission members would require one current board member to leave. He further suggested that the chairperson and vice-chairperson positions on the board be occupied exclusively by the citizen members. Also, since the number of members would increase by one, he stated that the board’s quorum should be raised to three.

The council generally agreed with Miner’s points, and McDonald said that the ordinance would be rewritten to incorporate those changes. She said that the revised version would be available for public review and discussion at the next council workshop in November. In response, Cornell withdrew his motion for acceptance of the ordinance as written.

Blue Dolphin Construction: Developer Tim Shank of Blue Dolphin Construction submitted an application for a road construction permit for the south fork of Shady Lane. Coleman moved, seconded by Trustee George Reese, to issue the permit. The motion passed unanimously without discussion.

Ordinance 5-2004 to vacate an alleyway at Shank’s request was also approved unanimously by the board.

Coleman then made a brief presentation on the proposal to transfer a narrow strip of land on the south edge of Page Street from the town to Shank. The strip borders two parcels of property owned by Shank and varies in width from 21 feet on the west to about 14 feet on the eastern edge. The area of the strip is about 5,350 square feet. He has offered to develop the strip in exchange for the town deeding the property to him and stated that the property would be used only for drainage and off-street parking.

The council continued their discussions, begun at the Oct. 7 town workshop, on a price for the property. After comparing the costs for a detailed appraisal against the costs involved in developing the property to the standards defined for the town, an amount of $4,000 was agreed upon. Shank agreed to perform that amount of work to develop the property, subject to approval by town Roads Supervisor Bob Radosevich. Parker moved to accept the proposal, which was seconded by Trustee Brent Sumner and unanimously approved by the council.

Road construction permit application–Circle Road extension: Developer Brad Kunkle requested a permit to extend Circle Road, which was formerly a portion of Circle Drive. He noted that this request was not being made to change anything and was intended to finish the design platted in 1955.

Resident Gary Atkins, who is also a member of the Palmer Lake Planning Commission, asked that the council consider a requirement to extend paving for the extension beyond the original request of 450 feet to include an additional 250 feet. Atkins owns lots 14 through 17 in the development, which border the additional 250-foot length. He noted that, although he has no plans for access to his properties from the extension, paving the additional length would eliminate dust and maintenance concerns. He indicated he’s willing to work with Kunkle to come to an agreement for cost sharing on the proposal.

Cornell moved, seconded by Flake, to accept the application as submitted. The council approved the motion unanimously, and Kunkle agreed to work with Atkins outside the meeting to come to an agreement on paving the additional length of road.

Road construction permit application–RKJ Construction

Randy Jones of RKJ Construction continued his efforts to secure a road construction permit for an extension to Meadow Lane. He reviewed his actions to date and voiced some frustration at the number of requirements placed upon his development plans by the council, the Planning Commission, and other governmental agencies.

Town Manager Della Gray prepared a summary of discussion items for the project, which served as a framework for council members to review. The summary noted four items that are required of Jones to proceed with development:

Several residents expressed concerns that construction not be allowed until all aspects of Jones’ plans were listed in detail and approved individually. Town Attorney Jim Kin advised that the council’s deliberations on the project were "on the right track" and that they simply needed to determine what work they were willing to allow Jones to do now and what parts needed to be held back.

McDonald stated that Jones has the legal right to develop his property, but the town has a responsibility to ensure that the project meets applicable standards and follows approved plans.

A continuing point of discussion is the need for a connector road between Meadow Lane and Westward Lane to provide additional access to the development. Not enough information was available to the council to decide this issue. After a great deal of discussion, the council determined that Jones needed to provide an updated set of project plans that reflected all changes made to date.

Parker moved to table the permit request until next month’s meeting, which was seconded by Flake. A verbal count was taken, with Parker, Flake, Sumner, and McDonald in favor of the motion and Coleman, Cornell, and Reese opposed. The motion passed, and the meeting was adjourned at 11:25 p.m.

The next Town Council meeting is Nov. 11, 7 p.m., at Town Hall.

At the Oct. 4 meeting, the Monument Board of Trustees (BOT) approved the final PD Site Plan amendment requested by Electric Propulsion for its proposed laboratory building expansion on Synthes Avenue. However, the board continued the hearing on the first building for the neighboring Monument Rock office warehouse development after 95 minutes of debate.

The board also approved the Big Mama’s hot dog cart/kiosk business application, the placement of a second antenna array on the pole in Foxworth-Galbraith’s interior parking/storage lot, and two liquor license renewals.

Trustee George Brown was absent.

Trustee Tommie Plank observed that the new format of the minutes, about half as detailed as before, was preferable to those of previous months that have been nearly 50 pages long. Due to the high number of annexations and new subdivisions proposed, the semimonthly board meetings have been lasting up to four hours. At previous BOT meetings, several trustees had asked that the staff limit the amount of discussion details reported.

Gilliana steps down from Police Advisory Committee

Police Chief Joe Kissell presented a certificate of appreciation to Dan Gilliana and noted that he was a five-year charter member of the committee. He formally left the committee in September.

The board ratified the ordinance for the Final Plat and Final PD Site Plan for Jackson Creek Filing 3 that had been approved at the Sept. 20 BOT meeting; Trustee Gail Drumm voted against the ordinance. This is the final phase of the Lariat Ranch Subdivision and was already well under construction northwest of the intersection of Leather Chaps and Kitchener Way before the planning commission and BOT approved it.

The controversy created by unapproved earth work and water and sewer line construction led to several limitations and conditions placed on this phase of construction. Also controversial in the view of adjacent Lariat Ranch residents was the failure by developer Colorado Structures and the BOT to protect their mountain views. They had paid thousands of dollars to builder Keller Homes to have these views protected, but Rick Blevins of Vision Development, Inc. told the BOT that his development company was under no obligation to honor these contracts. Town Attorney Gary Shupp had also said on Sept. 20 that the town was in no position nor obligation to limit the height of adjacent Filing 3 houses.

The board limited some lots in Filing 3 to ranch homes but did not insist the developer modify already installed water and sewer lines whose existing stubs would have to be moved if the lots were redesigned for ranch homes. However, the board did change construction regulations to prevent most grading and the installation of water and sewer lines in the future until the BOT has approved the project.

The list of conditions for Filing 3 imposed by the board includes:

"The developer shall incorporate changes requested by town and metro district staff and consultants to the satisfaction of town staff.

1. "As recommended by the town engineer, the developer shall add notes to the final PD Site Plan regarding measures to control … noise, dust, and other blowing materials, erosion, sedimentation and drainage.

2. "The developer shall indicate on the site plan and in notes any limitations to preserve views, such as restrictions on type (e.g. ranch style houses) or height of structure.

3. "Prior to the next filing which the primary access route is through the intersection of Baptist Road and Leather Chaps, the developer shall make provisions for a traffic signal at Leather Chaps and Baptist Road that are acceptable to the board of trustees.

4. "To eliminate sidewalks south of Kitchener Way and build a retaining wall and additional landscaping.

5. "That certain lots be restricted to ranch-style homes, Lots 18, 20, 21, 59, 62, and 63.

6. "Delay the trail located just west of Oxbow Drive and going south from the park until they can properly place it with a financial guarantee to the town."

(Correction: In the Oct. 2 issue of OCN, a typographical error listed Jackson Creek Filing 3 lot 8, instead of lot 18, (as noted above) as being restricted to a ranch-style house to preserve view of existing adjacent Lariat Ranch homes.)

Big Mama’s Dogs resumes operations after four-month review

The board unanimously approved Claudia Whitney’s request for a kiosk-type business license for her hot dog cart operation in the parking lot of Paradise Ponds & Landscaping on the northwest corner of Washington and Second Streets. No citizens commented on Whitney’s proposal.

Written comments submitted to the planning staff by neighboring business owners noted the positive effect her business had by attracting customers before she was forced to temporarily cease operations.

The town now controls parking lot businesses, having adopted and modified the innovative regulations written last year by Karen Evans, owner of Chick and a Windshield. Her business, which performs windshield repairs in the parking lots of the Baptist Road King Soopers and the Big O Tire store on Highway 105, served as the prototype for parking lot businesses and established the precedent for the new regulation.

The regulation defines several classes of kiosk-type businesses and imposes differing constraints, limits, and controls on each type. Some subsequent applicants have withdrawn from the review process because of the length of the review cycle or the new requirements and constraints placed on parking-lot operations.

Trustee Frank Orten expressed concern over the four-month-long process Whitney had to follow to gain approval of an already existing business. He said it was "pretty silly to fill out so much paperwork for something so simple" as a hot dog cart business. Whitney was required to submit substantial paperwork to and undergo hearings by the town advisory committees, the town planning commission, and the BOT. Currently, there is no requirement for an equivalent review of food vendors at the town’s summer farmers’ markets or downtown events.

Whitney was also obliged to mail notices to adjacent property owners soliciting comments, post notices on the property, and wait while each successive hearing on the license request was advertised in the paper.

In all, a minimum of three months of public hearings are now required before a license to operate a food cart can be obtained. Town Planner Mike Davenport said the BOT may wish to consider allowing his staff to grant temporary administrative approval for hot dog carts to begin operation if the business owner had all the other required approvals, including but not limited to:

The town planning staff would also have to provide temporary approval regarding signage, hazardous materials, environmental impact, architectural standards, building code, standards, foundation requirements, and traffic flow study.

Davenport said the board may wish to delegate approval to the planning staff and not require any hearings at all by modifying the regulations. Trustee Tommie Plank said that administrative approval was "okay." Drumm said that he wanted all such businesses to be approved in a hearing.

Whitney said that over the four-month hearing cycle, she could not get answers to any of her questions on when she could resume operations. She said she ceased operations when it was clear that she would not receive prompt approval. She gave no estimate of how much revenue she had lost. She asked if she had to return to the next BOT meeting when the ordinance confirming her license approval is considered. Glenn indicated she did not and apologized for the delay.

Davenport reported that AT&T has agreed to share an existing 60-foot pole owned by Sprint CMRS within the fenced-in loading dock area behind Foxworth-Galbraith on Struthers Road. The size of the Sprint equipment area will increase from 600 to 900 square feet to house additional electronic support equipment for the new AT&T wireless antenna. However, Sprint’s desire to keep the 18-inch section of barbed wire currently on top of their 6-foot chain link perimeter fence proved to be quite controversial.

The board unanimously approved an ordinance and major amendment to the final PD Site Plan for the Foxworth-Galbraith parcel, which is owned by developer Tom Watt. A condition of approval was that a note be added to the amended site plan specifically approving the array of barbed wire at the top of the chain-link fence currently surrounding the antenna and related electrical support equipment. The barbed wire is not electrified.

Public Works Supervisor Tom Wall said that the current town regulations only allow barbed wire at industrial sites, not at commercial properties. He added that there is existing barbed wire throughout the town at a number of "grandfathered" sites, particularly at town utility facilities. Mertz said there was no need for a fence within a perimeter fence behind the store, but Davenport noted that there may be a federal rule associated with anti-terrorism that requires the additional protection.

The second wireless antenna did not require a revised landscaping plan since the location cannot be seen from outside roads or buildings. Steve Tuttle of town traffic consultant SEH said the site’s "traffic is anticipated to be well below the threshold for a traffic study. No transportation issues have been identified."

Jackie Hall of the Colorado Department of Transportation (CDOT) concurred with Tuttle and said that new drainage and environmental studies do not appear to be required, though she cautioned that any new signage on the installed equipment must comply with the Colorado Outdoor Advertising Act.

Susan Linner, Colorado Field Supervisor for U.S. Fish and Wildlife, determined that the existing loading docks and surrounding pavement were "not likely to adversely affect any federally listed threatened or endangered species or adversely modify any designated critical habitat."

No one spoke in favor of or opposition to hanging the second antenna on this pole. There was one written comment opposing the installation. ADK Monument Developers, LLC; The Timbers at Monument, LLC; and Hammers Construction, Inc. wrote that they were "adamantly opposed" to the "additional unsightly features" of the existing wireless facility and said it was "simply not consistent" with protecting "the aesthetic integrity and quality of development under way at the northeast quadrant of that major highway interchange." These entities plan to develop the commercial property between Foxworth-Galbraith and the King Soopers shopping center.

Davenport did not address this objection in his presentation of the 30-page staff report on the antenna installation. No trustee concurred with the developers’ assertions.

The application by owners Graeme and Martha Aston for a "Major Amendment to their existing Final PD Site Plan" to allow an expansion of one of their two buildings on Lot 1 of Monument Industrial Park Phase 2 was unanimously approved by the board. The ordinance includes these conditions that require Electric Propulsion to:

The business’s 4,000-square-foot painted metal Laboratory Building will be expanded by 3,000 square feet to the north, along Synthes Avenue. The addition will also be 40 feet deep and 75 feet wide.

There were no citizen comments for or against the proposal, nor any written comments opposing it. Davenport reviewed the comments and conditions from other agencies. He noted that the Air Force Academy had requested more extensive storm water runoff requirements than were in effect when the lab building was initially constructed. The Academy also requested that the use of cranes be coordinated with the Federal Aviation Administration. Davenport said Town Engineer Tony Hurst had not reviewed the drainage plan yet, but requested that the BOT prevent issuance of a building permit until he could review them.

The Woodmoor/Monument Fire Protection District’s Fire Marshal requested that an access lane for fire vehicles be added to the site plan on the north side of the expanded building. U.S. Fish and Wildlife said no mouse habitat would be affected. All conditions were met or specified in the ordinance.

Drumm said he had inspected the east side of the railroad tracks next to Valley Ridge Patio Homes, Pastimes, Santa Fe Trails, and Village of Monument subdivisions because of continuing drainage issues. Watt’s driveway off Old Denver Highway, just north of Soc-N-Roll, crosses under the railroad tracks at a trestle bridge south of these existing subdivisions. At past town meetings, he has described severe sedimentation flow from the Pastimes and Santa Fe Trails subdivisions under the trestle and showed pictures of eros