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King’s Deer house fire continues to stir controversy

Questions continue to arise about how the Nov. 13 fire on Bardsley Place grew from a small chimney fire (left below) to destroy much of the roof (right) and result in total loss of the $750,000 home.

View more photos of the Nov. 13, 2004 Bardsley Place house fire

The Donald Wescott Fire Protection District (DWFPD) board of directors met on Dec. 8 to talk about the budget and the Gleneagle station expansion, but the subject of the evening was clearly the King’s Deer house fire of Nov. 13.

Chief Bill Sheldon read a letter signed by the chiefs of four North Group fire districts that "expressed our serious concern about operational safety and fireground management issues" during the fire, which occurred within the Tri-Lakes Fire Protection District (TLFPD) boundaries. He gave the board a report on the sequence of events at that fire and a summary of the problems observed.

Tri-Lakes and Woodmoor/Monument firefighters responded to the fire at 19315 Bardsley Place. As it was a North Group automatic aid call, crews from five other districts also arrived on the scene. The blaze grew from a small chimney fire in the attic to consume much of the roof of the $700,000 home, despite firefighters battling the blaze for over two hours. Numerous problems arose during the blaze, and four firefighters were injured.

The chiefs’ concerns were presented in a letter, delivered by Larkspur Chief Jamie Bumgarner to TLFPD Chief Rob Denboske on Dec. 7. The text of this letter—which was also sent to the boards of directors of the affected fire districts and the Palmer Lake Town Council—is printed below.

Denboske did not reply to the letter as requested. Instead, on Dec. 16, the TLFPD board of directors sent a letter of reply, which is printed below as well following the chief’s letter.

The following is a summary of the incident based on Sheldon’s comments to the board and comments given to OCN by all the other North Group chiefs and numerous North Group firefighters who were at the scene.

Before the first chief, Larkspur’s Bumgarner, arrived, a Woodmoor/Monument firefighter had fallen and broken his elbow on an unsecured ladder as he was taking a hose up (single-handedly) on the garage roof. Standard firefighting procedure is for two firefighters to advance a hose, with the second helping to lift the weight of the charged hose, and a third firefighter ensuring that the feet of the ladder do not slip.

Even though the chimney fire had already burned through the roof, creating ventilation, firefighters climbed onto the partially collapsed roof and applied water, in contradiction to standard firefighting procedure for a ventilated attic fire, according to Sheldon and DWFPD Assistant Chief Vinny Burns. Burns said he ordered them off the roof as soon as he saw them up there.

The water that was applied through the hole in the roof may have caused the fire to spread laterally, eventually resulting in the house being a total loss. Standard firefighting procedure says that for a ventilated attic fire, an interior ceiling should be pulled down and water should be applied upward into the attic, not downward through the hole, as was done. The steam pressure is then released through the existing hole in the roof. Applying water downward through the hole in the roof limits heat ventilation and also "probably" created additional water damage to the home, according to the chiefs.

Sheldon and Burns stated that the 750 gallons on the initial Woodmoor/Monument pumper and the 400 gallons on the Tri-Lakes ladder truck were enough to have "knocked down" the fire before the other North Group apparatus arrived, had appropriate standard firefighting techniques been used. However, that water was completely expended before the other districts arrived with more water, and the fire spread significantly during that interval. Woodmoor/Monument has no tenders, and Tri-Lakes has only one 1,000-gallon tender, which did not arrive until later.

King’s Deer was built with no cisterns or fire hydrants, so the only source for additional water at this fire was a water shuttle using portable storage tanks. The tenders dump their water into the portable tanks so it can be siphoned by the pumpers and applied to the fire.

According to the chiefs, shuttle effectiveness was hampered by a lack of knowledge by the Tri-Lakes cadet charged with telling the tenders where to refill. The tenders were directed to locations farther away than necessary and not dispersed enough to minimize pressure drops in the supplying water mains, Sheldon said. Sheldon redirected the tenders after taking command of the water shuttle. He said using cadets for these types of duties violates standard North Group policy as well as general fireground safety rules.

The chain of command was unclear at the beginning of the incident. No chief from Tri-Lakes or Woodmoor/Monument responded to the call, and there was no captain on the Woodmoor pumper, which was the first to arrive at the scene. The senior Tri-Lakes firefighter on their ladder truck, second on the scene, did not assume incident command when he subsequently arrived.

Bumgarner drove from his home in Monument to the fire and took incident command, but he arrived after the first injury. Burns assumed command at the house after he arrived. Palmer Lake Volunteer Fire Department Chief Julie Lokken assumed command of the effort in the garage and adjacent kitchen when she arrived.

There was concern that there was initially no safety officer to monitor changing conditions or accountability officer in place to track the locations of the firefighters inside the structure. No rapid intervention team was created.

There was also a problem with firefighters ignoring orders. Lokken says she ordered three firefighters out of the garage when she saw that the fire was coming through the garage ceiling. The firefighters temporarily abandoned the garage area, moving into the kitchen. However, when Lokken went to coordinate with Burns in another part of the house on how best to use these three, they returned to the garage. Eventually Bumgarner and Lokken had to raise the garage door, which had fallen, to again order them out of the garage.

Burns reported that his initial orders to pull down the kitchen ceiling and apply water to the attic to contain the fire had not been followed or completed. The fire subsequently spread past the kitchen to the rest of the house.

Bumgarner later had to give a Tri-Lakes firefighter a direct order to find Denboske and get him to the scene because certain of the Tri-Lakes and Woodmoor/Monument firefighters would not follow commands from the other districts’ chiefs. Denboske later arrived in civilian clothes, without bunker gear or other visible identification. Sheldon said this made him difficult to identify as incident commander since the other districts’ firefighters might not know Denboske personally.

A total of four firefighters injuries were directly observed by the three initial commanding chiefs, despite statements that there were only two injuries by TLFPD Chairman Charlie Pocock, Treasurer John Hildebrandt, Assistant Chief Ron Thompson, and Denboske at a number of public meetings since the fire.

The fire, which was still not extinguished after two hours when the other North Group district trucks left the scene, subsequently rekindled itself twice on Monday, Nov. 15. When the homeowners visited Wescott’s station during the Christmas holidays, they reported their house is a total loss, despite claims to the contrary by the Tri-Lakes leadership at public meetings.

Sheldon noted that there has been no North Group debriefing of the fire. He said debriefing a fire of this magnitude within 24 to 48 hours is standard procedure at most other fire agencies. Pocock and Hildebrandt confronted Bumgarner and Lokken in their respective fire stations to complain about the chiefs’ letter. Sheldon said both chiefs told the board members they would only discuss operational matters with Denboske at a North Group debriefing.

Sheldon also noted that various changes within North Group districts will require a North Group meeting to re-align the mutual aid response matrix. Those changes include the formation of the Tri-Lakes-Monument Fire Authority, the addition of the Franktown Fire Protection District and their numerous tenders, and the likely addition of a few other fire districts, such as Elbert and Falcon.

Treasurer’s Report: Treasurer Dennis Feltz reported that special ownership tax revenue to the district was up more than enough to offset the roughly $13,000 shortfall due to unpaid property tax revenue. Some purchases, like new tires for one of the fire trucks, were deferred until after December, to ensure that expenditures remain in line with the amended budget for 2004.

Feltz asked to step down from the treasurer position after Dec. 31, though he will continue to serve on the board. No decision was made about who would be the next treasurer.

Station 3 update: Sheldon reported that the district will be signing contracts for $410,000 in work to be done in adding a new engine bay, conference room, restroom, storage, offices, workout facility, and parking lot. The district’s attorney, Peter Obernesser, and the contractor, Robert Foster, were out of town, so the contract forms will be completed after they return.

Ritz noted that a special meeting of the board could be held to make a final review of the contract details, but no construction funds would be expended in 2004. Board member Kevin Gould, who is an architect, will review the contracts and create the agendas for the final "pre-construction/kickoff" meeting and all subsequent progress meetings with CMS Contractor, Inc. Sheldon will send out announcements and obtain hard hats and gold shovels for the groundbreaking ceremony. Board members will review the contracts for any cost savings that may have been overlooked prior to signing.

Run Report: Wescott made 132 runs in November, with 39 in the district and 93 for mutual or automatic aid to other districts, bringing the total for the year to 1,283 runs, a 13 percent decrease from last year’s total of 1,471 for the same 11-month period. District runs included 24 medical, 6 traffic accidents, 3 automatic alarm, 1 smoke, 2 public assistance, and 3 carbon monoxide alarms. Out-of-district runs included 3 medical, 3 traffic accidents, 1 automatic alarm, 4 structure fires, 1 smoke, and 81 AMR ambulance runs.

Radio upgrades: Sheldon noted that there would be a considerable expense to upgrade district radios in order to use a wider range of frequencies to comply with federal Homeland Security goals. Some of this expense will be covered by about $7 million in federal grant money. However, this grant requires a 20 percent match from local entities, roughly $1.4 million. Completion of the upgrade program will take about two years.

Budget Finalized: The board unanimously approved ordinances for the 2005 budget and an amendment for the final 2004 budget. The board also unanimously approved the 2005 appropriation and an amendment for the final 2004 appropriation. Then the board approved a resolution for the mill levy, which remains at 7.0 mills in 2005. The amendments make final adjustments for changes in personnel expenses, higher than expected special ownership tax revenue, and changes to the training and equipment budgets during the fourth quarter.

After a brief discussion, the board decided not to consider solicitations by other providers for workers’ compensation insurance. The board also unanimously approved board meeting dates for 2005, which will continue to be held on the third Wednesday of the month at 7 p.m.

The meeting adjourned at 8:25 p.m. The next meeting will be held at 7 p.m. on Jan. 19 at Station 2, on 15000 Sun Hills Drive.

In a later press release, the district announced the following occurred at the annual Christmas and Awards Dinner on Dec. 11:

View photos of the Nov. 13, 2004 Bardsley Place house fire

Chief Rob Denboske
Tri-Lakes Fire Protection District
18650 Highway 105
Monument, Colorado 80132

Dear Chief Denboske:

We are writing this letter to express our serious concerns about operational safety and fireground management issues after a recent structure fire response that involved your district.

During the structure fire on November 13, 2004 at 19315 Bardsley Place, there was a significant lack of management/supervision on scene. Some of these issues were:

One of the foundations of North Group operations is that all the participating agencies provide a supervised fireground with safety being a paramount concern. Your district continually fails to provide senior leadership on the fireground during incidents occurring within your jurisdiction.

We are seriously concerned with the continuing safety of our firefighters. We ask that you provide to us a written statement which outlines your solutions to these problems. We ask that you provide this reply to each of the signers under separate cover at their department or district address within 14 days of receipt of this letter. Your failure to adequately respond to these concerns could change the method in which apparatus and staffing is dispatched to emergencies in your district. We will not tolerate a continual lack of adequate supervision or unsafe fireground operations.

Jamie Bumgarner, Chief
Larkspur Fire Protection District

Julie Lokken, Chief
Palmer Lake Fire Department

William A. Sheldon, Chief
Donald Wescott Fire Protection District

Dave Ury, Chief
Black Forest Fire Rescue Protection District

CC:
Donald Wescott Fire Protection District Board of Directors
Palmer Lake Town Council
Larkspur Fire Protection District Board of Directors
Tri-Lakes Fire Protection District Board of Directors
Woodmoor/Monument Fire Protection District Board of Directors
Black Forest Fire Rescue Protection District Board of Directors
Chief, Woodmen Valley Fire Protection District

December 16, 2004

Chief Jamie Bamgarner [sic]
Chief Julie Lokken
Chief Wm.Sheldon
Chief Dave Ury

Dear Sirs and Madam,

This letter is in response to your undated letter regarding the November 13th fire at 19315 Bardsley Place. In your letter several serious accusations were made and you demanded a response within 14 days. Interviews of many of the personnel involved in the incident have been conducted and an internal review was conducted on 12/14/2004 at the Woodmoor station that included photos, video, dispatch logs, written records and our safety committee recommendations. As with many incidents of this nature there are inherent risks of injury and improvements that can be recommended for continuous quality improvement and management. We have several conclusions and recommendations that include not only the Tri-Lakes and Woodmoor departments, but also other departments that responded.

We do not feel that a public forum is the place for review of internal fire operations. Your letter made several accusations that were unfounded in fact. The letter is one-sided, bias, [sic] filled with emotion and represents the views of a very few that have an agenda of discrediting the Tri-Lakes-Monument Fire Authority. We look forward to an honest review on a level playing field without a predetermined agenda. Please let us know when you are ready to discuss developing a plan for the review.

Respectfully,
J. Hildebrandt
Board of Directors
Tri-Lakes-Monument Fire Authority

Cc:
Donald Wescott Fire Protection District Board of Directors
Palmer Lake Town Council
Larkspur Fire Protection District Board of Directors
Black Forest Fire Protection District Board of Directors
Chief, Woodmen Valley Fire Protection
Jim Reid, El Paso County Fire Marshall

At the regular meeting Dec. 9 of the Tri-Lakes Fire Protection District Board of Directors, the board approved its 2005 budget and discussed some operational issues with neighbors of the new Station 2.

The board also held a hearing and unanimously approved inclusion of Hodgen Settlers Ranch, a 307-acre development on Hodgen Road east of Highway 83. The developer has submitted a plan to the county for subdividing the property into 86 single-family lots.

Treasurer John Hildebrandt reviewed the revised 2005 budgets for the district, the Woodmoor/Monument Fire Protection District, and for the Tri-Lakes-Monument Fire Authority being formed with the Woodmoor/Monument district. He noted that some items in the fire authority budget are split 50-50 between the two districts, some are split 60-40 based on the assessed values of properties in the two districts, station expenses are split 1/3-2/3 based on the number of stations in each district, and some expenses are assigned 100 percent to one or the other of the districts.

The Tri-Lakes budget for 2005 totaled $1.449 million. The 2005 Woodmoor/Monument budget totaled $1.133 million. The 2005 fire authority budget, which is the sum of the two budgets, is $2.582 million.

Salaries and related payroll expenses comprise the largest single item at 55 percent of the fire authority’s budget. Comparing the salary subtotal of the 2004 budgets to the same item in the 2005 budgets shows the Woodmoor/Monument district’s salary budget decreased $21,960 (2.9 percent) from $747,132 to $725,172, while the Tri-Lakes district’s salary budget increased $76,985 (12.7 percent) from $607,140 to $684,125. The sum of the salary items in two budgets increased $55,026 (4.1 percent) from $1,354,272 to $1,409,298.

Hildebrandt reported that year-to-date receipt of ambulance revenue is about $220,000 and projected ambulance revenues for 2005 will be about $300,000.

The 2005 budget for the Tri-Lakes district was unanimously approved.

The board unanimously voted to certify the mill rate for 2005 at 7 mills, unchanged from 2004.

The board also unanimously approved adjustments to the 2004 budget to match actual revenues and expenditures.

Station 2 neighbors Mark and Elizabeth Woish and Andy Reid raised concerns about Station 2 and its operations:

Hildebrandt said, "All your concerns are very reasonable. Our intent is to be good neighbors. We want to hear from you."

The board agreed to reduce their regular meetings to one per quarter and hold their meetings the same nights and locations as the fire authority meetings.

The board held an inclusion hearing and unanimously approved the petition for inclusion signed by the owners of Hodgen Settlers Ranch, a 307-acre parcel ¼ mile east of Highway 83 on Hodgen Road.

**********

The Tri-Lakes Fire Protection District board plans to meet once per quarter, most likely at district firehouse 1, 18650 Highway 105 (near the bowling alley). Check Our Community Calendar for date, location, and time.

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

The Woodmoor/Monument Fire Protection District (W/MFPD) held a special board meeting at the Tri-Lakes Fire Protection District (TLFPD) Station 1 on Dec. 9 to approve the district budget, appropriation, and budget for 2005. The information from these Woodmoor/Monument documents was then integrated with information from the same documents from Tri-Lakes to create the budget and appropriation for the Tri-Lakes-Monument Fire Authority at a subsequent joint special district board meeting held immediately thereafter. Vice-Chairman Rod Wilson was excused.

Treasurer Bob Hansen gave a brief synopsis of changes he made from the initial budget submitted by former chief David Youtsey in September. He noted that the salary lines had been adjusted to reflect the elimination of the chief and assistant chief position. No one was hired to replace former assistant chief Jim Rackl after he resigned earlier in the year. Hansen said the figures reflected the severance package for Youtsey. The end-of-year balance increases slightly from 2004 by about $32,000.

The meeting was briefly interrupted to announce that Fire Marshal Tom Eastburn had been seriously injured in a traffic accident in front of King Soopers on Baptist Road. Later it was learned that while off duty, he had stopped to provide voluntary assistance at a traffic accident in the westbound lane. While assisting with debris removal and traffic control, he was struck by a car. Several bones were broken and he was transported to the hospital by a Tri-Lakes ambulance that responded to the scene. Eastburn has been released from the hospital and will be undergoing physical rehabilitation for several months before being able to return to duty.

The board unanimously approved the budget and the appropriation for 2005, which includes a 3 percent raise for its employees. Revenues and expenditures match at $1,133,070. The mill levy that was unanimously approved for 2005 is 9.921 mills, which will raise $946,417. The board also unanimously approved the monthly meeting calendar for 2005 for the fourth Tuesday of the month at the Tri-Lakes Station #1, also the monthly meeting night for the newly formed fire authority. The board also unanimously approved end-of-year bonuses for all its employees.

In other matters, the board considered the purchase of $6,500 worth of new computers and associated equipment to establish a PC network throughout the Woodmoor Drive station, now called fire authority station 3. After a lengthy discussion, the proposal was tabled until the regular Dec. 28 district board meeting so additional technical data on current operational difficulties with the existing computers and network could be presented to the board. Board members Jeremy Diggins and Bill Ingram also requested more complete documentation of bids and specifications from several vendors for hardware and software be presented to the board before a final purchase decision is made.

Public comment: District constituent Ken Ford asked the board if he could follow up on requests for information he made at the Nov. 26 board meeting. He requested a copy of the approved district and fire authority budgets for 2005, which the board said he would be provided with later in the evening once they were both formally approved.

Ford said that formation of a fire authority was not what the recently elected board members–Diggins, Hansen, and Wilson–had promised the voters they would create, which was a single consolidated fire district. All four board members said the fire authority was an interim step toward unification. Ford said that nevertheless, he was concerned that the wording of the fire authority agreement would allow use of most kinds of Woodmoor/Monument assets for the sole benefit of Tri-Lakes constituents, which had not occurred previously. The board said they would not let Tri-Lakes take any part of the Woodmoor/Monument cash reserve before consolidation and would also remain good stewards of personnel and physical assets even as duties were realigned to provide improved service on a different geographical basis than actual district boundaries.

Ford persisted by saying there are no constraints on the board to amend the fire authority budget in favor of the Tri-Lakes district at the expense of the Woodmoor/Monument taxpayers. The board said that although there are no restraints as Ford said, they would not do what he feared. Hansen said, "I’m not going to hand the keys over to the other district."

Ford noted that Woodmoor/Monument assets would now be the primary responder to the Jackson Creek area of the Tri-Lakes district while the mill levies had not changed at all; Woodmoor/Monument remains at 9.921 mills compared to Tri-Lakes at 7.0 mills even with the elimination of the two highest salaries for the eliminated chief and assistant chief positions. The board noted that Tri-Lakes now is the primary responder to the old town portion of Monument, which compensates for the Jackson Creek service.

Ford then asked the board to delay the start of the fire authority and authorize a special election that would be a referendum for Woodmoor/Monument taxpayers to formally endorse the board’s formation of the fire authority. The board did not agree to his request. Ford concluded by saying that once the fire authority began operations "it is a done deal" and Woodmoor/Monument taxes may never be lowered as promised by the board members. Hansen said "We don’t have to ask for a special election." He added that the taxpayers can change the direction the board has taken at the next regular election in 2006 just as they had changed direction in 2004. Several board members said during the discussion that they would try to get their mill levy lowered at some time in the future, though it may never go down to 7 mills. The discussion was tabled until Dec. 28 and the special meeting adjourned at 8:06 p.m. to begin the fire authority budget meeting.

Tri-Lakes-Monument Fire Authority board, Dec. 9

Web site exclusive: View a photo of the fire authority board meeting

On Dec. 9, following the meetings of the boards of the Tri-Lakes Fire Protection District and the Woodmoor/Monument Fire Protection District, the boards met in joint session as the Tri-Lakes-Monument Fire Authority board to approve the 2005 budget for the fire authority, which begins operation Jan. 1.

John Hildebrandt, treasurer of the Tri-Lakes district, noted that the two districts have signed an Inter-Governmental Agreement (IGA) to form the fire authority. He said, "We are planning on unifying the mill levies in the future." The Tri-Lakes district mill levy is 7 mills. The Woodmoor/Monument district mill levy is 9.92 mills.

Hildebrandt presented the revised 2005 budgets for the Tri-Lakes district, the Woodmoor/Monument district, and for the fire authority. He noted that the individual districts retain ownership of all assets and liabilities. He said all equipment would be inventoried and leased at no cost to the fire authority.

Responding to concerns expressed at some of the Woodmoor/Monument meetings, Bob Hansen, treasurer of the Woodmoor/Monument district, said, "We are not opening up our accounts to the Tri-Lakes district."

Hildebrandt noted that some items in the fire authority budget are split 50-50 between the two districts, some are split 60-40 based on the assessed values of properties in the two districts, station expenses are split 1/3-2/3 based on the number of stations in each district, and some expenses are assigned 100 percent to one or the other of the districts.

He added that the Tri-Lakes budget for 2005 is $1.449 million, the 2005 Woodmoor/Monument budget is $1.133 million, and the 2005 fire authority budget, which is the sum of the other two budgets, is $2.582 million.

The joint board unanimously approved the 2005 budget for the fire authority.

The joint board agreed to hold the meetings of the fire authority on the fourth Wednesday of each month at 7:30 p.m.

The boards of the Tri-Lakes and Woodmoor/Monument districts plan to hold their regular meetings on the same nights and at the same location as the fire authority meetings but starting at 6:30 p.m.

Tri-Lakes district and fire authority board president Charlie Pocock reported that he presented briefings on the fire authority to the Woodmoor Improvement Association on Dec. 1 and to the Monument Board of Trustees on Dec. 6.

Hansen added that some Woodmoor residents were relieved to learn that two Woodmoor residents will be serving on the fire authority board.

The joint board unanimously approved retaining Maureen Juran as the attorney for the fire authority.

Pocock reported that a committee of firefighters made recommendations on adjustments in how pay is calculated. He said several items that were treated as incentives are prerequisites for some of the positions and so are properly part of the base pay. The joint board unanimously approved the revised pay scale and allowances.

Pocock said work is proceeding on preparation of three documents: the unified personnel manual, the unified set of position descriptions, and the uniform special operations guidelines.

Copies of the revised personnel manual were distributed to board members for discussion and approval at the January meeting. Pocock noted that Tri-Lakes Battalion Chief Bryan Jack worked with Woodmoor/Monument Battalion Chief Larry Garner in developing the personnel manual.

Chief Jack highlighted some of the changes made to unify the personnel manuals for the two districts. He said the mission statement for the unified manual has been left for resolution by the fire authority board.

Purchasing new badges showing membership in the fire authority will cost about $3,700 for all personnel in both districts. Revised embroidered patches will cost another $500. Vinyl emblems to be applied to the vehicles will cost an additional $300. The board unanimously approved the expenditures.

Jack reported that the first of two new fire engines purchased by the Tri-Lakes district arrived last week. The district is still waiting on some of the equipment needed for it.

The board unanimously voted to go into executive session to discuss personnel matters.

**********

The Tri-Lakes-Monument Fire Authority board holds regular monthly meetings on the fourth Wednesday of each month, 7:30 p.m., at Tri-Lakes district firehouse 1, 18650 Highway 105 (near the bowling alley).

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

At the Dec. 9 Town Council meeting, Trustee Brent Sumner announced that he had received the following letter of resignation (dated Dec. 2) from Fire Chief Julie Lokken. He said Lokken has recommended Philip Beckman for the position, but a decision on a replacement has not yet been made.

Mayor Nikki McDonald convened the December meeting of the Palmer Lake Town Council at 7:03 p.m. to an audience of more than 30 people. All members of the council were present.

After the council unanimously approved the agenda items, McDonald invited Jeff Hulsmann, representative for a committee calling itself Awake The Lake, to the podium. Hulsmann spoke on behalf of the citizen committee, which was formed to explore options to restore the water level in Palmer Lake.

Hulsmann stated that the committee’s goal is to solve the lake’s water problem for the short and long terms. His first request of the council was that it formally sanction the committee’s organization and goals. Town attorney Larry Gaddis noted that a motion to do so was required and cautioned that it should be worded so the committee had no authority to bind the town financially.

Trustee Chuck Cornell then moved to recognize and sanction the committee subject to the requirement that it have no power to act on the town’s behalf. Trustee Brent Sumner seconded the motion, and it passed unanimously.

The Awake The Lake Committee, Hulsmann said, "wants to address the immediate need to get water into the lake." He asked that the town consider adding a monthly $2 surcharge to each water bill to fund this effort, noting that the surcharge would generate approximately $20,000 in its first year.

In an effort to accommodate individual preferences, he further suggested that water bill recipients be given the ability to opt out of the surcharge. The committee estimated that the cost to fill the lake one time from its current level would be between $20,000 and $25,000. Hulsmann presented the council with about 100 signed petitions supporting this approach to filling the lake.

Sumner asked how non-tap or well users would participate in the program. Hulsmann stated that committee members addressing the funding are divided into two groups, one of which is working on fund raising in the whole Tri-Lakes area, while the other is specifically addressing Palmer Lake residents. He said that well users are not currently included in the proposal.

McDonald briefly conferred with Town Clerk Della Gray about the mechanics of accounting for a $2 surcharge on each water bill and expressed some concern about the ability of the town’s billing software to manage the surcharge. Trustee Trish Flake suggested the possibility of including a returnable insert in water bills, on which residents would mark their choice to participate in the program and the amount they would wish to contribute.

However, after additional discussion, Trustee Max Parker stated that adding the surcharge to monthly bills with the ability to opt out of the program seemed to be the most workable approach. McDonald suggested that the committee meet with Gray to discuss alternatives and then opened the discussion to the public.

Bob Miner, chairman of the Palmer Lake Board of Adjustments, spoke as a private citizen and expressed his concern that well owners in the town would not be part of the surcharge program. He suggested forming a conservation district within the town to treat well owners and water system users more equally.

Hulsmann replied by restating his desire for the surcharge, saying it would only be in place long enough to generate the money needed to pay for filling the lake. McDonald said that in her experience, forming a special district takes a long time and felt that the surcharge approach is simpler.

Parker asked for details on how the committee would secure the water to fill the lake. Hulsmann said that several options are being considered, including a single purchase of up to 80 acre-feet of water credits, the use of effluent water, and the use of the town’s existing agricultural and industrial water rights. He committed to providing the council with regular reports on the committee’s activities and decisions.

Several other town residents expressed their support for action to replenish the water in the lake. A suggestion from Kurt Ehrhardt to make the surcharge permanent was met with thunderous applause from the audience.

Hulsmann noted that the only concern expressed by those signing the petition was whether or not the added water would remain in the lake. McDonald stated that an engineering study of the cause of the water loss was under way, but its results had not yet been published.

After listening to comments from various citizens, McDonald said that adding a $2 surcharge to monthly water bills without an explicit option to remove it would ease billing issues for the town clerk. No objections to this proposal were made.

Gaddis composed the text of a motion, designating it Ordinance 12-2004, to add the $2 surcharge to monthly bills. He noted that such issues required the formality of an ordinance for passage. After reading the text of the ordinance, Parker moved to accept it as written, which was seconded by Cornell. The motion passed unanimously.

The surcharge will begin with the January 2005 water bills. McDonald stated that those for whom the surcharge creates an undue burden could petition the town clerk to have it removed from their bill.

Hulsmann said that the committee would apply for storage and surface water rights to obtain the water necessary for the lake. Gaddis suggested that the chance of successfully obtaining surface water rights is extremely small because of the likelihood of litigation from entities downstream of Palmer Lake. He said that the committee should concentrate on obtaining storage rights. Hulsmann agreed to "take the issue off the table" and that he would appear at the January council meeting with more information.

Parker then complimented Hulsmann, other members of Awake The Lake, fellow council members, and town citizens for their cooperative effort on behalf of the lake.

On an item not published in the official agenda, McDonald requested that the council approve a Notice of Intent to file a lien against the property on 6 Page Street for a water bill that is now $286 in arrears. She noted that the owner would have 10 days to respond to the notice and pay the bill, after which time a lien would be placed on the property.

The motion passed unanimously.

A motion to accept all consent items on the agenda also passed unanimously.

Water: Cornell noted that water usage continued to drop off in November due to the weather. He also stated that repairs on the D2 well are progressing.

Roads: Parker said that Roads Supervisor Bob Radosevich had started a pilot program to use asphalt shavings for road repairs on Shady Lane and for patches on other roads. The shavings are being offered to Palmer Lake by the City of Colorado Springs without charge other than transportation.

Parker said that up to 2,000 tons of shavings are available to the town and that a sealant can be added to the patches during the summer, which is supposed to make them as durable as new asphalt. Flake added, "So far, so good on Shady Lane" and noted that winter snow plowing could have an impact on the patches.

Police: Trustee George Reese stated that 103 calls were handled in November by the Police Department, compared to 122 in October. The department also handled 15 cases, issued 8 citations, 14 dog warnings, and 4 dog citations.

Fire: Sumner stated that the Palmer Lake Volunteer Fire Department handled 15 calls in November. Four of those were fire calls, 3 were for medical reasons, 4 were mutual aid calls, 2 were "other" calls, 1 was to provide public assistance, and there was 1 traffic accident.

Sumner thanked all the businesses that donated items for the annual chili supper and star lighting on Nov. 27.

He also said he had received a letter from Fire Chief Julie Lokken announcing her intention to resign as chief, effective Jan. 1. The text of her letter is printed above.

Miner noted that the council had received a copy of a report regarding sedimentation and washout in Monument Creek. The report was part of the Fountain Creek Watershed’s study of problems from large floods.

Also included in the study is an analysis of events that occur when trash is carried downstream through drains. Miner said this is not generally a concern for Palmer Lake, as it lies at the furthest upstream point of the watershed area.

McDonald, speaking on behalf of Police Chief Dale Smith, asked the council to consider renewing a contract with the Pikes Peak Region Humane Society in Colorado Springs. The contract is $2,000 for one year of service, which is the same amount as 2004.

The Humane Society stores stray dogs, cats, and wild animals brought to them from Palmer Lake, which relieves the town of that burden. The funds for the contract are generated primarily through the sale of dog tags. Sumner moved to renew the contract, Cornell seconded the motion, and it passed unanimously.

Buzz Bloom appeared before the council to request a business license for Borderline Tattoo Studio, located at 80 Highway 105. Parker questioned Bloom about the need for a health permit to operate a tattooing business. Bloom replied that the state has certification requirements that cover such issues for tattoo artists. However, the state requires a business license before it will issue certifications. A motion to approve the license passed unanimously.

The second business license application and request was filed by Rhonda Norman. Her business, Rhonda’s Gifts, makes custom greeting cards, tie-dyed clothing, and cross-stitched items. McDonald noted that Norman would need a state sales tax license to operate her business, which Norman committed to secure. A motion to approve the business license was passed unanimously.

Ordinance 8-2004, to adopt a budget for the Town of Palmer Lake for fiscal year 2005, and Ordinance 9-2004, appropriating funds for that budget, were submitted to the council for approval. Most of the budget analysis work was completed at a special public meeting held on Nov. 17, and the budget is available for public review at the town office. The council unanimously approved both ordinances.

Two additional ordinances amending and allocating funds for the 2004 budget were presented for approval. Approximately $8,000 was reallocated from the 2004 general fund to the Police Department, with a smaller adjustment of $1,500 being made for other purposes. Motions to approve both ordinances also received unanimous approval from the council.

McDonald opened the meeting to comment and public input, but none was received, and she adjourned the meeting at 8:53 p.m.

Late Breaking News on the Surcharge

At press time, Palmer Lake Town Clerk Della Gray told OCN that the $2 surcharge on water bills had not yet been initiated and is now on hold. It appears a majority of the Town Council has reversed their position on the surcharge, and it is likely the Town Council will vote for a resolution rescinding the surcharge at the combined Workshop and Regular Meeting on Jan. 13.

On Dec. 6, the Monument Board of Trustees (BOT) adopted the 2005 budget, appropriated its funding, and certified the town’s mill levy. The budget had been under review at several previous special and regular meetings.

Also, the board approved the annexation ordinance for the 45-acre Labib parcel on Old Denver Highway, as well as the Preliminary/Master/Zoning Plan, the final PD Site Plan, and Filing 1 Final Plat for the parcel’s 32-acre Trails End subdivision and the Final Plat for the Aston Industrial Park, which will be built on the parcel’s remaining 13 acres.

Mayor Pro Tem Frank Orten presided over the meeting due to the absence of Mayor Byron Glenn.

Tri-Lakes Fire Protection District Board Chairman Charlie Pocock read a brief statement on the history of the formation of the Tri-Lakes/Monument Fire and Rescue Authority by the Tri-Lakes and Woodmoor/Monument Fire Protection Districts. He said that the ISO rating for areas of the Tri-Lakes district with hydrants had improved from ISO-6 to ISO-5. This may have a beneficial effect on up to 90 percent of commercial property fire insurance rates in areas with hydrants and on some private residence insurance rates. He then distributed a list of frequently asked questions and answers and a biography of Tri-Lakes Chief Rob Denboske. He noted that the positions of chief, assistant chief, and administrative assistant have been eliminated at Woodmoor/Monument, along with the position of fire marshal at Tri-Lakes.

Pocock answered questions about future fire authority operations. Any improvement in the ISO rating for areas without hydrants would depend on a "hauled water" test requiring the delivery of water by surrounding fire districts that have large tenders. Woodmoor/Monument has no tenders, and Tri-Lakes has a single 1,000-gallon tender that was recently modified to be compatible with standard portable storage tanks used by all the other North Group fire districts.

However, Tri-Lakes is still on North Group probation for operational and water delivery deficiencies, which were also the subject of a complaint letter written by the chiefs of Larkspur, Palmer Lake, Donald Wescott, and Black Forest fire districts following a fire in King’s Deer on Nov. 13. [See related article on page 1.]

Pocock said the Woodmoor/Monument station on Woodmoor Drive will be called fire authority Station 3 and will continue to handle all engine-related calls for the area bounded by I-25 to the west, County Line Road to the north, Furrow Road to the east, and Baptist Road to the south. The southern part of this "region 3" is actually in the Tri-Lakes district. Engine-related calls west of I-25, including those for areas that lie within the Woodmoor/Monument district, will be handled by Tri-Lakes Station 1 on Highway 105. Tri-Lakes Station 2 will respond to engine-related calls in the Tri-Lakes district east of Furrow Road. Ambulance calls in all three regions will be served by Tri-Lakes, which Pocock said would have three ambulances on call to provide six-minute response time throughout both districts.

The cadet program, which currently includes 11 participants, will continue. Four volunteers will live at the Roller Coaster station and attend the Fire Science program at Pikes Peak Community College. Tri-Lakes pays for the volunteers’ tuition and books. Trustee Dave Mertz noted that his son was a participant in the Tri-Lakes cadet program and planned on becoming a firefighter.

Pocock said the Palmer Lake Volunteer Fire Department will not be eligible to become a member of the fire authority until the Palmer Lake Town Council steps up to the funding issue, allocating at least $118,000 per year as its share of operations. The current department budget is about $40,000 per year. He added that with the highest mill levy in the region, Palmer Lake residents would not likely agree to additional fire funding.

The board unanimously approved the ordinance that ratifies the Nov. 15 approval of the annexation of the 45-acre Labib property. Then the board unanimously approved the ordinance that ratifies the Nov. 15 approval of the numerous site plans for the Trails End and Aston Industrial Park developments as well as the Trails End Filing 1 final plat.

The board also unanimously approved the revised annexation and development agreement for Trails End. The original motion (Nov. 15) to approve this did not include the developer’s request for administrative approval of subsequent filings without additional public hearings by the Planning Commission or BOT. The board unanimously approved this request, with words to that effect already added to the language in the second ordinance. However, the board also added the condition that construction of all 86 homes must be initiated within five years. Otherwise, hearings must be held for any construction started after that interval.

Trails End is accessed from Old Denver Highway and lies primarily between The Village at Monument and the railroad tracks. Aston Industrial Park lies just west of the railroad tracks and east of Electric Propulsion on Synthes Avenue. Electric Propulsion will buy the Aston Industrial Park land for use primarily as an employee recreation area. They may build an employee training center on the parcel, but no industrial buildings will be permitted. This purchase resolves the issue of the industrial park being landlocked, with no access or easement to Synthes Avenue.

Trustee Gail Drumm noted that at some point the town needs to consider annexing the county portion of Old Denver Highway, south of the entrance to Santa Fe Trails. The town has recently repaved its portion of the highway that runs along these annexed subdivisions. Town Attorney Gary Shupp concurred, saying the town needs to negotiate this annexation with the county in the near future.

Police Advisory Committee (PAC) Request: Chairman John Stearns reported back to the BOT on his consultations with Town Engineer Tony Hurst, and he distributed copies of the package Hurst had presented to the committee at its 5:30 p.m. meeting that evening. Hurst had told the committee that he was a civil engineer, but not an architect and could not prepare renderings of any proposed new police department building. His expertise is limited to determining if the proposed sketch or site plans will fit on the actual site selected.

Stearns indicated that the PAC’s two requests for a total of $10,000—which would cover building renderings by an architect, site selection, and public awareness education leading to a special election for a bond issue in November—remained the PAC’s best estimate for 2005 expenses.

Trustee George Brown asked Stearns if the southern part of the Limbach Park expansion was large enough for a new police station. Stearns said that the parcel was not the best option. It is too small to provide adequate parking for a courtroom addition. He also said train traffic every 20 minutes would create unacceptable noise for dispatching, transcription, and court proceedings. In addition, the majority of police calls are currently for Jackson Creek, and the proportion will only increase as more houses are built along Leather Chaps and Jackson Creek Parkway.

Stearns added that part of the $10,000 funding is to pick a site that is optimized for the long-term needs of the department—east of I-25 most likely, to ensure adequate response times. However, the sites owned by the town on the west side of the interstate could be part of a land trade to reduce the site acquisition expenditure. He said the developers of the Wahlborg property and of Jackson Creek are interested in tax write-offs for land donations. Building costs would range from $1 million to $1.5 million.

Town Manager Rick Sonnenburg said that the $10,000 would have to come out of the paving account or the general fund reserve. However, the reserve fund was already $62,000 below the minimum required by law, he added.

The state has a hard minimum requirement for the end-of-year cash balance, which is based on total annual expenditures; every increase in expenditures also increases the amount of money that must remain in the general fund at the end of the year.

Drumm noted that there was no money for a new station and that the architectural style might differ, depending on the site location and surrounding buildings. Trustee Tommie Plank said the board should review site selection and architectural renderings prior to any public awareness efforts. Stearns said the studies and renderings would be good for at least three years and that renderings would be made only after the site and style of architecture were decided upon.

After further discussion, the board unanimously approved $5,000 for site selection and architectural inquiries, adding that if the project moves along faster than expected, the other $5,000 would be approved later in the year. The initial $5,000 was taken out of the road paving budget.

Town park landscape funding request tabled: The board delayed making any decisions about providing all or a portion of the $22,500 that the Historic Monument Merchants Association (HMMA) had requested to improve the appearance of town parks, the current and planned new entry signs on Third and Second Streets, respectively, and Town Hall. The board directed Sonnenburg to ask the association to apply for a Community Development Fund grant, which should have enough money to fund at least one of the five proposed projects.

In previous BOT meetings, it appeared that the most likely project to receive funding first would be the Limbach Park improvements. The other proposed improvements may be funded in phases through similar grant requests.

Public Works to add full-time employee: The board finalized an agreement to accept Public Works Supervisor Tom Wall’s request to hire a full-time employee in lieu of three to six summer hires. However, to save $10,000 (25 percent), the new employee will not be hired until April 1, the beginning of the second quarter of 2005. The consensus was that a single year-round employee could do higher quality park and cemetery work, in addition to road repairs, than several students working during the summer only, making the move more cost effective.

Staff sick leave accrual changes deferred: The board determined that more information was needed before a decision could be made to reduce the maximum number of sick leave hours that could be accrued from the current limit of 720 hours. Employees are reimbursed for half of their accrued hours.

New standards require the town to account for possible payouts, which increases the reserve that must be retained at the end of the year, tightening the budget. The board has previously agreed in principle to provide short-term disability insurance (30 to 90 days) to offset the reduced sick leave accrual benefit. The town already provides long-term disability insurance benefits after 90 days.

Matching park grant funds approved: The board finalized approval of $40,000 to match a Greater Outdoors Colorado grant for play equipment at Limbach Park, after it was resolved that the grant’s requirement for a perimeter and play area fence did not necessitate chain-link fencing. Sonnenburg said that split-rail fencing would be acceptable.

Budget ordinances and resolutions approved: After the public hearing was closed, the board unanimously approved the 2005 Budget ordinance, then the 2005 Appropriation ordinance. Next, they unanimously approved the mill levy resolution for property taxes—6.408 mills, down from 6.454 in 2004—which will generate about $350,977.

Grant approved: The board approved a resolution to accept a Law Enforcement Assistance Fund Grant of $9,000 from the Colorado Department of Transportation. The money must be spent on overtime for police officers conducting DUI enforcement checks and is part of a statewide $1.8 million program.

Sergeant Rick Tudor, acting police chief, said the grant would pay for the first year of what may become a three-year program. The department may target this additional enforcement to weekends or holidays from 11 p.m. to 2 a.m., supplementing existing enforcement at these hours.

Financial issues: The board unanimously approved a payment of $5,900, in addition to the previously approved $7,200, for operations and maintenance of a stream flow gauge for Monument Creek north of Monument Lake. The U.S. Geological Survey had been expected to provide this $5,900 in matching funds. The total $13,100 will be paid to the Department of the Interior.

The board also approved a final payment of $34,183.50, after a final change order reduction of $18,329.73, to T. Lowell Construction, Inc. for completion of the raw water line that runs from well 9 along Old Denver Highway to well 8 at the intersection with Second Street.

Finally, the board unanimously approved a new computer consulting firm, selecting Trusted Consulting Group, Inc. of Englewood.

The October financial report was unanimously approved. Two payments over $5,000 were also unanimously approved. Engineering consultant GMS, Inc. received approval for $10,918.94 for routine services performed. A payment of $7,161 was also approved to Specialty Resources, Ltd. for water system maintenance.

The board also unanimously approved Sonnenburg’s five-part pay increase recommendation that included a 0.4 percent cost-of-living increase and the associated salary range adjustments, a 3.0 percent raise pool, and a new custodian pay range. Raises for the staff must average 3.0 percent and not exceed 5.0 percent for any individual.

Tuscany Hills Subdivision Improvement Agreement approved: Shupp recommended that the board approve what he called a standard agreement. Sonnenburg said that former Town Planner Mike Davenport had administratively approved the document and the final PD site plan for the shopping center in Filing No. 3 of Valley Vista Estates on south Cipriani Loop, west of Knollwood Drive.

Curfew changes tabled: The board discussed at length several student requests to eliminate the town’s curfew for minors. The curfew is 11 p.m. Sundays through Thursdays and midnight on Fridays and Saturdays, unless minors have their parents’ permission to be out later than that.

Tudor said elimination of the curfew would set up teenagers for failure and make Monument one of the very few places in the state without a curfew. Tudor added that a curfew violation has occurred only about once a year on average. The board unanimously agreed that no change should be made but asked that the concerned students be invited to discuss the issue with the board at a future meeting.

Building advice to county: Sonnenburg asked the board for comments that would be submitted per the request of the county regarding the expansion of Donald Wescott Fire Protection District Station 3 on Gleneagle Drive. The board unanimously passed a motion to conditionally approve the expansion. The conditions were: minimize the disturbance of existing terrain and trees, relocate or replace any trees that must be removed, and ensure that the project complies with the I-25 visual corridor portion of the Tri-Lakes Plan. [However, all affected trees on the flat parcel have already been moved, and the station cannot be seen from the interstate.]

The board unanimously passed a motion to conditionally approve the expansion (with the same conditions as above) of the Tri-Lakes Wastewater Treatment Facility administration building. A condition requiring notification of surrounding residents was also added. [However, there are no trees in the flat area where the additional building is proposed, the area is not observable from the interstate, and surrounding residents, who are Monument Sanitation District constituents, have already been informed of the new building.]

Staff Reports: Sonnenburg briefly discussed the eight responses to the town’s survey on senior needs; no action was taken.

He said 17 applications for the police chief position had been received and that the screening committee had held its first meeting on Dec. 4. Also on the committee are Trustees Scott Meszaros and Drumm, Tudor, former Chief Joe Kissell, and Police Advisory Committee member Ginny Cullen. A list of questions that would be directed to the candidates were submitted to the board for comment.

Sonnenburg also said he had received 12 applications for the vacant town planner position.

He said the Tri-Lakes wish tree was posted on the bulletin board. Citizens could buy a gift to fulfill a posted "wish" and bring it Town Hall unwrapped.

Shupp noted that the trustees should review copies of the court documents that directed the town to hold additional hearings regarding the lawsuits against the town filed by the owner of the Ready Mix Concrete batch plant at Washington and Highway 105. The town’s insurer, CIRSA, has approved the services of Denver law firm Nathan, Dunn, and Bremmer to assist the town in both lawsuits. One suit has been referred back to the town manager for a hearing. The other suit may be referred back to the board, also for a hearing. CIRSA will pay for most of the legal costs to the town.

There was a brief discussion about whether it is preferable for snowplows to leave the plowed snow in the center of the road or on sidewalks and driveways, as is currently being done. No decision or recommendation was made.

The meeting adjourned at 8:21 p.m.

The Monument Board of Trustees (BOT) held a special meeting, to address town policy on employee sick leave accrual and a regular meeting, to discuss routine fiscal and staff reporting items, on Dec. 20.

In the regular session, Judge John Ciccolella, who presides at monthly municipal court sessions, was re-appointed for 2005 and 2006, Gary Barber and Betty Konarski reported on town and regional water issues, and John Savage asked the board for clarification of expenses he might incur during renovation and expansion of his Rocky Mountain Oil Change Center.

Mayor Byron Glenn called the special meeting to order at 6 p.m. The single agenda item was discussion of the employee sick leave policy. The town’s auditor suggested in the 2003 audit that the board review the town’s growing financial obligation to staff for their unused sick leave, which increased 20 percent in 2002 and 25 percent in 2003. The report said the board should review the 50 percent payout policy for up to 750 accrued "sick time" hours "to determine if this large liability is reasonable for the Town, or if it could be reduced."

Background: Treasurer and Town Clerk Judy Skrzypek had been asked at the Nov. 15 BOT meeting to survey the employees on their preferences regarding maximum sick leave accrual reductions if short-term disability insurance were added to the benefits package. The audit for 2003 had said that the Monument budget needed to reflect a likelihood of some payout of unused sick leave hours when employees retire or cease working for the town. Currently employees can accrue up to 750 hours of sick leave at a rate of 8 hours per month, assuming no absences for illness.

All the staff department heads surveyed their employees and submitted reports of their findings, which were provided to board members at the Dec. 6 meeting. No decision was made at that session nor were any changes incorporated in the final budget for 2005. Some of the reports noted the likelihood of "sickouts" so that employees could use up their excess hours that would otherwise be lost if the accrual maximum were lowered without protection of all accrued hours.. However, Town Attorney Gary Shupp has always recommended that the board ensure that hours accrued in excess of a new lower maximum would not be "lost" or ineligible for future remuneration.

Sonnenburg also presented new data from the Mountain States Employer’s Council along with his, Skrzypek’s, and the department heads’ written input. Sonnenburg provided additional survey information for many Colorado towns and cities, showing the range of cashing-out policies for accrued sick leave.

Discussion: Skrzypek suggested that the town offer a cafeteria menu of benefits so that employees could make trade-offs on sick leave, medical, and dental benefits. She also suggested that the town might be able to form an alliance with other governmental entities to increase the number of employees in the pool to get a better menu to choose from.

She said Public Works Supervisor Tom Wall had found that the town did not have enough employees to qualify for reasonable benefits from Delta Dental. She also noted that the town had to decide whether to continue paying full compensation for 90 days of illness or injury with a long-term disability benefit thereafter, or change to a benefits philosophy after 30 days of full sick leave compensation.

Sonnenburg said the renewal of the current annual long-term disability, life, health and dental insurance benefits package would begin on Jan. 1. He said that there should be enough sick leave hours available to cover two 30-day absences each year, and suggested that more benefits flexibility be considered by the board.

Sgt. Rick Tudor, acting police chief, said his employees wanted short-term disability insurance to allay concerns about financial ruin, and added that the current sick leave accrual is a powerful incentive for employee retention, fitness, and staying well.

Trustee Tommie Plank suggested that other employees and benefit providers should make a presentation to the board. Trustee Gail Drumm suggested that the department heads should also present their own research to get a different point of view on benefits. Trustee Dave Mertz noted that the regional fire districts had split apart on purchasing benefits in recent years and now had poorer benefits at a higher cost. Trustee George Brown said the town should know what range of choices it has for its size and for a larger alliance.

Glenn noted that employees are leaving at the rate of about three per year, which obligates the town to budget for and pay a substantial amount of accrued sick leave. He asked that the staff provide the board with data on a variety of options for each type of benefit, menus that the employees could choose from, and cost spreadsheets.

The special meeting adjourned at 6:22 p.m.

The board unanimously approved the ordinance for a two-year reappointment of Judge Ciccolella. He was given a pay raise from $320 per monthly session to $350. Ciccolella had not received a pay increase in four years. Town Clerk Judy Skrzypek administered the Oath of Office.

Water Update: Former Mayor Betty Konarski and Gary Barber, who represent Monument in several county and regional water groups and authorities, gave an update on water issues. Barber distributed a paper called "Water Rights in Colorado: No One Ever Said It Was Easy" and gave a slide presentation. He described the El Paso County Water Authority as a coalition of government entities similar to a regional transportation authority. Pooling limited financial resources allows high-cost studies to be performed at a modest cost to each entity.

For example, the town paid about $8,000 of the $600,000 cost of the transit loss model study. The new model should give greater and more accurate credit for water returned to Monument Creek but subsequently lost to evaporation (about 25 percent) before being measured en route to the Arkansas River. This in turn could make it easier to eventually divert water to refill Monument Lake. The study should be completed by the end of 2007.

Barber said that the Palmer Divide Water Group is similar in concept but regional in makeup because it includes entities from Douglas County. He then listed the ways these groups interact with county, state, and federal agencies to represent the town’s interests.

Rocky Mountain Oil Change Center water rights purchase: Owner John Savage, who is also chairman of the town’s Parks and Landscape Committee, asked for clarification on why he might have to pay for additional water rights for his proposed car wash facility when he expands his business. He has paid for active ¾-inch and unused 1½-inch taps for almost 10 years.

He also presented a letter from the deputy town clerk dated March 29, 1995, verifying "that 213 Hwy 105 has an existing 1½ inch water tap. No further tap fees are required by the Town of Monument." He said if his business is required to purchase more water rights, that the fee should be reasonable.

In a memo to the board, Wall said that Savage’s parcel had an adjudicated water right of 0.35 acre-feet per year, but Savage’s architect projected a water requirement of 3.5 acre-feet per year upon completion of the expansion. Wall noted the two taps authorize Savage the use of 2.5 acre-feet per year, leaving him 1 acre-foot short. Wall recommended that the town sell Savage the rights to 1.5 acre-feet of water per year from the town’s unused reserve, for a fee of between $2,200 and $4,000.

Savage’s wife, Dawn, said she is half-owner and noted that she too felt the town had already agreed to the use of the water by accepting monthly payments of $10 for the inoperative larger tap for nearly 10 years.

Wall was absent due to illness, so the board asked Barber for his opinion on a fair rate. Barber suggested that $4,000 for an additional 1.5 acre-feet per year was a fair price, adding that he believed the Woodmoor Water and Sanitation District would charge $10,000 for the same commercial right. Savage asked that the board consider the $2,200 price.

The board unanimously approved a fee of $4,000, which the Savages agreed to pay.

Budget ordinance amended: Wall sent a memo to the board asking that it reconsider the hiring date for the new streets/parks technician of April 1 instead be January 1. He said the additional cost of up to $10,000, depending on the actual start date, could come from potential savings on construction costs for the new garage at the Public Works facility. Wall proposed that the staff perform some or all of the construction work, to reduce labor costs. The board tabled this proposal due to Wall’s absence.

The board then unanimously approved an amendment to the 2004 Budget and 2004 Appropriation Ordinances that reflect actual increased general fund revenues and expenditures of $74,737.48. The water fund revenues and expenditures were also increased by $19,568.49. Skrzypek said the changes reflected additional expenses for cemetery operations and lease of five town vehicles that were paid for with higher than expected revenue.

Computer Service payment: Skrzypek recommended that the town prepay its new computer consultant, Trusted Consulting Group, Inc. all $18,000 budgeted for 2005 to maximize the bonus the town would receive. The company offers a bonus that varies proportionally in four steps, from 5 percent for a prepayment of $5,000 or more to 15 percent for a pre-payment of $20,000 or more. Her recommended $18,000 pre-payment would earn the town a 12.5 percent bonus, netting a credit for an additional $2,250 of service. Any unused service dollars could be rolled over to the next contract.

Skrzypek noted that the new company would likely have some learning curve issues that would lead to higher consultation expenses in the first part of 2005, and asked for enough spending authority to not have to come back to the board immediately for another small incremental approval.

Trustee George Brown disagreed with her recommendation and said that a full payment would eliminate the new company’s incentive to make a good first impression. The board unanimously agreed to pay $5,000, the lowest pre-payment that would earn a bonus, netting $250 of free additional service.

Payments: The board unanimously approved:

Preapplication Review for Timbers at Monument: Ron Murphy of Hammers Construction, Inc. made a presentation of plans for a retail commercial development on the south end of Jackson Creek Parkway. The development would border Foxworth-Galbraith on the east and north. The purpose of preapplication meetings is to allow the property owner and developer to hear comments or concerns from the town prior to expending substantial funds on engineering, as well as to inform neighboring citizens during this early phase.

The staff report listed the review items. Town Engineer Tony Hurst noted that an easement would be required to provide access to the Foxworth-Galbraith after Struthers Road north of Baptist Road is closed. The developer is willing to contribute to needed improvement of Baptist Road and will provide a traffic impact study to town traffic consultant SEH, Inc. The retail stores will have four-sided architecture with a "mining town" look and will conform to local comprehensive plans as a regional commercial center.

The report also noted that the Town Planning Commission recommended that the shopping center have a small playground, a park with picnic tables, and upscale restaurants instead of fast-food outlets. The commission also recommended that the Timbers developer improve the CDOT bridge over I-25.

Murphy listed changes and comments after previous discussions with town staff. He noted that the site plan had an improved traffic design, that a tentative agreement for a movie theater had been made, requiring an expeditious approval by the town, and that the drawings now listed the other types of businesses that have already been placed within the center. These include an anchor store, fast-food and sit-down restaurants, retail, offices, financial businesses, and a drug store.

Murphy also noted the amount of dirt that needed to be removed from the Timbers parcel was nearly exactly the same as the fill needed to widen Baptist Road. Under his proposal, Baptist Road from Jackson Creek Parkway to Struthers would be rebuilt using the final grade and construction specifications that will be called for by CDOT when they expand the interchange at Exit 158.

This portion of Baptist Road was originally supposed to have been widened before Home Depot was to be allowed to open its doors. However, if that widening had been completed, it would have only been temporary. Every bit of the temporary material used would have to be destroyed, removed, and completely replaced with lanes and ramps that meet higher CDOT specifications. Murphy is proposing to skip that step and its expense. His plan of building four of the required six lanes to CDOT specifications would save all the costs of the planned temporary road widening construction.

His proposal would also include construction of the temporary eastern realignment of the intersection of northern Struthers Road and the north side of Baptist Road. The intersection would be moved east, just past the eastern boundary of the Foxworth-Galbraith parcel’s fenceline.

There is still no projected start date for this "mandatory" temporary widening of Baptist Road west of Jackson Creek Parkway, even though Town Manager Rick Sonnenburg has administratively approved a big-box retail store on Pad A of the Marketplace (which, at the end of the meeting, Glenn announced would most likely be a Wal-Mart.).

Murphy also said he is working on an alternative financing package in which Hammers would finance the construction with bonds that would be paid off by CDOT as funds for Exit 158 become available. Murphy said that private permanent construction contracts would be significantly lower in cost than state road building contracts would be.

This savings plus the avoided cost for temporary Baptist Road improvements would more than make up for the interest that would be paid to the developer’s bondholders until CDOT funding was available. Further, the interest rates on the bonds would be low because of the guarantee of CDOT public funds reimbursement. He said in a similar $14.4 million road construction project for Highway 24, this type of bond sold out in only three days.

Glenn said he would have to be sure that the road construction money was in escrow before he could vote to approve a final plat for the development. He said without the road improvements in place, he couldn’t "speak favorably" of the project.

Murphy and his marketer, Jason Madsen of Kratt Commercial Properties, then answered questions from the board. Drumm asked how long it would take to complete build-out of the shopping development; Madsen said he expected it would take two years.

Brown asked what guarantees the town would have if private financing were used for Baptist Road improvements. Murphy noted that he had financed completion of three other state interchanges in conjunction with shopping center developments using this method. The three are the Windsor, 104th Avenue, and 94th Avenue exits, all developed by Perlmutter Group. Murphy said this method would also ensure earlier tax revenue for the town. Brown added that the Planning Commission request for a playground and a small park in a shopping center was "off the wall."

Glenn again said he would need to see CDOT’s assurance that Hammer’s underwriting was sound. He then asked that the entrance roads from Jackson Creek Parkway be redesigned for smoother flow; Madsen agreed to make changes. Glenn later said he wanted the Struthers Road intersection design changed and said the board would need to see the elevations prior to approval.

Mertz asked for details on the movie theater. Murphy said there had been a proposal to build a large theater on this site, but eventually the offer was withdrawn because there had been no approved development plan review. Murphy said that he could not get contracts signed by tenants until the town approved the plat, even though the trustees first want to know what each tenant’s store would be like. Drumm asked if Hammers would donate a new police station to the town. Murphy did not respond.

Sonnenburg reported that the administrative staff review of the site plan amendment for the super-store pad at the Monument Marketplace was 99 percent complete. Glenn said that Wal-Mart’s real estate committee had approved the location contingent on the town’s final approval of the amended PD site plan, but that no contract had been signed by them with Vision Development. He said that Wal-Mart could close on this site "by the end of the year" if it chose to do so.

Sonnenburg also said that Transit Mix is close to submitting an application for a concrete batch plant in the Forest Lakes Metropolitan District’s business park south of Baptist Road. The plant would be located near the fence line at the northern boundary of the Air Force Academy, east of the railroad tracks..

Additionally: