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Wescott Chief Sheldon retires

Below: Chief Bill Sheldon in front of the recently expanded fire station on Gleneagle Drive. Photo by Jim Kendrick.

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Below: Bagpiper Sam Swancutt pipes the Chief into retirement. Photo by Jim Kendrick.

USAFA Honor Guard performed flag folding ceremony. Photo by Lt. Tim Hampton.

Donald Wescott Fire Protection District’s Chief Bill Sheldon retired on Nov. 19 after 25 years of service to the district. The gathering of hundreds of long-time friends, colleagues, and fellow fire chiefs and firefighters led to an overflow crowd that spilled into the hallways of the Cactus Rose restaurant. Sheldon’s arrival and departure were celebrated by renowned area bagpiper, Sam Swancutt, after Assistant Chief Vinny Burns announced in his best fire ground command voice, "Attention on the floor! We have a Chief Officer in the house. Please rise!"

The Honor Guard of the Air Force Academy Fire Department presented the colors and then performed a moving 13-step flag-folding ceremony with Sheldon’s retirement flag. Captain Mike Whiting announced that this U.S. flag was flown over the United States Capitol then presented to the district by Rep. Joel Hefley. The flag was then flown over nearly every firehouse in El Paso County.

The district’s board of directors dedicated the new conference room in the station on Gleneagle Drive to Chief Sheldon and presented him with a plaque naming the room after him; that plaque is now mounted beside the conference room’s entrance. The district’s volunteer and career firefighters presented a photo album of pictures that documented his long career, an historic playpipe mounted on a wooden stand, and a flag case to hold his retirement flag, among several other gifts. Burns presented 25 roses to his wife Claire Sheldon for her steadfast support of his Wescott career. Also at the head table were his son Brian and daughter Lisa.

Sheldon was then showered with gifts, spontaneous heartwarming testimonials, and stories that elicited gales of laughter for over an hour by many friends he had served with and mentored in both his long Air Force and subsequent careers.

This was a tribute to a man’s life that could not have been improved upon.

Sheldon summed up the afternoon saying simply, "I was just overwhelmed."

He and Claire are wintering in Lake Havasu and will be back in town this spring.

Below: Warren Moore, with Monument Hill Sertoma, ringing the bell at Safeway Photo by Mike Wicklund

Monument Hill Sertoma volunteers are ringing bells for the Salvation Army kettles at Safeway and King Soopers in Monument throughout the month of December. Last year, $33,000 was collected from the Tri-Lakes area; this year, Sertoma has set a goal of $35,000 for the Tri-Lakes Red Kettle campaign.

Every year, 100 percent of the local contributions are used for those in need in El Paso County.

This year, organizers are concerned that contributions could be low as a result of the financial requests associated with natural catastrophes such as Hurricane Katrina, according to Monument Hill Sertoma Salvation Army Kettle Campaign Chairman Michael Wicklund.

"There are more than 2,000 Katrina survivors who have located here in the county, many of whom Salvation Army is helping," he said. "The ongoing needs of those less fortunate in our county are ever present."

Normally, coins make up about 25 percent of the kettle contributions in our community.

"Beside the amount you normally donate to the kettles," Wicklund requested, "this year, please bring those coins that may be in a jar or have been laying around the house for years, to the bell ringer at Safeway or King Soopers. Let’s invest in a good work by putting that coinage back into circulation."

At their post-election meeting on Nov. 7, the Monument Board of Trustees Town Manager Cathy Green announced an "accounting finding" by the town’s auditor that frees about $1 million for water improvements.

The town had previously said the cash reserve was untouchable due to a TABOR limitation capping the amount of sales tax revenue that could be spent at 10 percent of the total expenditures. Water sales tax revenue collected has always been higher than this TABOR limitation. Until the Nov. 1 ballot issue was passed, the town claimed the excess revenue could not be spent outside of the enterprise fund per the 1989 ballot issue that created the tax, supposedly trapping the excess revenue in a growing but unspendable water enterprise fund reserve.

At the regular meeting that followed the special budget meeting, the board reviewed, but did not pass, several ordinances and some related resolutions regarding construction of a new police building, revising the town’s water sales tax ordinance, and revising fees charged to developers throughout the planning review, inspection, and approval process.

The board approved two new liquor licenses and two renewals. Mayor Byron Glenn announced that BRRTA fees would rise dramatically. Trustee Travis Easton was absent.

Green presented the second draft of the 2006 budget. Treasurer Pam Smith was excused from the meeting due to illness. The board members asked a variety of questions about specific line items contained within the budget.

Payroll and benefit fees have been realigned and consolidated under the general fund instead of being assigned in arbitrary portions to various expense accounts to spread the costs of staff time. Trustees Tim Miller and Frank Orten asked for a list of the budget items that had been moved from one portion of the budget to another. Green said that Smith would prepare the requested summary of budget realignments when she returned to work. Some of the answers provided by Green to budget questions are listed below.

Leasing costs have increased by $8,400 to cover a new color copier. Leases for three new police vehicles are also included in the 2006 budget. The three replaced vehicles are worn out and will be auctioned.

Triview Metropolitan District terminated the intergovernmental agreement with the town wherein the town provided two water operators and two trucks for a calendar year. Previously Donala Water and Sanitation District had provided this service to Triview, but the town significantly underbid Donala in an agreement reached by District Manager Ron Simpson and former Public Works Superintendent Tom Wall. Triview will now hire operators and acquire vehicles for them in 2006. There will be a three-month overlap to help the new hires transition into their new duties.

Green reported an "accounting finding" by the town’s auditor that would allow "nearly a million dollars," previously thought to be untouchable due to TABOR constraints, to be used for improvements to town wells 7, 8, and 9. Green said, "So apparently we had about $3 million in one of those locked-up water funds and $1 million became free."

There is a backlog of capital water projects that total about $2 million. After an inquiry to the town’s auditor following the Oct. 17 BOT meeting, Green said, "We have $1 million that she has released that will cover the water projects that need to be done, which is finishing [well] 9, lowering [well] 8, and re-drilling [well] 7."

There was no explanation of the new "finding," which partially refutes the previous long-standing legal and accounting interpretation of untouchability of more than 10 percent of tax revenue per year under TABOR, asserted by Town Attorney Gary Shupp and former Treasurer Judy Skrzypek. Glenn asked that Smith provide an outline of where the $1 million had come from at the next BOT meeting. Green agreed that a more complete explanation was needed.

This supposed untouchability of a substantial portion of the 1-cent sales tax revenue was the cornerstone argument for the town’s ballot question that passed on Nov. 1, in which voters allowed the limitation on water sales tax revenue use to be modified. Now, any water sales tax revenue that exceeds the annual budget for water system capital improvements can be used for purchase of a police department building (up to $2.5 million under an ordinance to be passed in December) and for purchase of additional water rights (with no limitation).

The board confirmed their preference for a public hearing on the 2006 budget at the Dec. 5 meeting and adjourned the special meeting at 6:20 p.m.

Glenn noted that there would be a community meeting on Nov. 29 to solicit resident input for town planning. He thanked Triview and Donala for allowing the town to buy excess effluent water from the Upper Monument Creek Wastewater Treatment Facility to offset water stored behind the Monument Lake dam throughout 2005.

Glenn thanked the new staff members for "working their tails off" to rapidly approve developments that would increase town sales tax revenue. Glenn also thanked commercial property owner John Dominowski for his service on the Police Building Subcommittee.

Plank thanked the voters for approving the ballot question that will allow the town to use water enterprise fund money for a new police department and town office building. Current plans are to purchase the existing Abundant Life Church building on the northeast corner of Second and Jefferson Streets and remodel it, rather than build a new building on the vacant land between Beacon Lite Road and Adams Street, as was originally proposed.

Cost estimates for the proposed new building had approached $4 million. The lease-purchase payments for that amount are unaffordable because they exceed the town’s unused bonding capability—even when taking into account projected sales tax revenue from the new Wal-Mart, future Monument Marketplace and Jackson Creek Commerce center businesses, and the future Timbers and Monument Ridge commercial developments that are expected to be approved as soon as their plans are submitted. The site of the Monument Ridge development—the former Wal-Mart site opposite King Soopers on the south side of Baptist Road—is also expected to be annexed as soon as possible by the board.

Glenn reported on the Nov. 4 Baptist Road Rural Transportation Authority (BRRTA) meeting he chaired. Fees for new homes will likely increase three to four times, from the current $500 per house—charged since BRRTA’s creation in 1997—to $1,500-$2,000 for each new home. Commercial fees would rise by the same proportion.

Baptist Road is a county road, like Highway 105 and Higby Road. However, the county will not pay for the improvements within the BRRTA boundaries, though the county will maintain them after construction is completed. A public hearing for the fee increases was not scheduled. Discussion will continue at the Dec. 9 BRRTA meeting in Town Hall at 2:30 p.m.

Current BRRTA fees are not high enough to cover the expense of improving Baptist Road. Nearly all of the $8 million cost for improving Baptist Road, other than the state’s I-25 interchange, from Old Denver Highway to just east of Desiree Drive, is being paid for by the new 1-cent sales tax charged by the Pikes Peak RTA (PPRTA) and the impact fees from Monument Marketplace. PPRTA’s contribution for road widening is expected to be about $6.2 million.

BRRTA will issue bonds for the proposed Exit 158 interchange improvements, costing about $15 million, if BRRTA makes the improvements before Colorado Department of Transportation (CDOT) funds become available. To finance the interest payments on the bonds, BRRTA would implement and collect the public improvement fee on sales that all commercial businesses within BRRTA would have to agree to. The size of the public improvement fee, if implemented, has not yet been determined. When CDOT funds become available, CDOT would pay off the bond principal under the proposal.

However, there is no way to know when CDOT funding would become available, and the problem was not helped when voters rejected Referendum D. This referendum may have made CDOT funding for Exit 158 expansion available sooner, though there was no guarantee. As a result, it’s unclear for how long the bonds will need to be issued or if the public improvement fee would be acceptable to all those businesses within BRRTA that would be affected.

The BRRTA board intends to include all development areas between Baptist and County Line Roads, since each development in that area will contribute to traffic on the east side of Baptist. Thus fees would be received from Home Place Ranch, Promontory Pointe, Monument Ridge, and the Baptist Camp in the short term, in addition to fees from the planned developments in Regency Park, Forest Lakes, and along Old Denver Highway.

However, the board decided that the Richmond Trails End subdivision will remain exempt from inclusion.

The board discussed, then abandoned, a proposal to also improve Higby Road. In addition to dangerously steep grades and drainage issues that rival those on Baptist, Higby has paving issues that will be aggravated by already approved and soon-to-be approved developments west of Higby Estates.

Although she did not attend the meeting, Sharon Williams had asked the town to drop the town ordinance requirement that professional massage therapists be certified by a town board before being approved for a business license. The board had adopted this requirement in 2004 following the arrest for prostitution at Miss Suki’s massage parlor on Highway 105 next to the 7-11 store. The owners of this building offered it to the town as an alternative location for the police department at the Oct. 17 board meeting.

Williams had said that requirements for three character references, fingerprinting, and a certification review by a town board, among other requirements, applied to no other professions or licensed health care providers in town, making the rules arbitrary and unfair.

The town has never been able to organize a review board for professional massage therapists due to the lack of qualified volunteers. A substantial number of professional massage therapists already operate businesses licensed by the town without having had to comply with the ordinance.

The staff was directed by Glenn to review the ordinance and make recommendations for possible changes to it if Williams attends a future BOT meeting.

Monument resident Richard Mealer was unanimously appointed to fill a vacant position on the town’s Board of Adjustments. Mertz recommended that Mealer apply for an appointment to the town’s Planning Commission once he has been a resident for a full year. Town Clerk Scott Meszaros swore in Mealer.

Carl Armijo, a member of the Board of Adjustments, was unanimously appointed to fill a vacant position on the town’s Planning Commission. Armijo was also sworn in by Meszaros.

The board continued the proposed ordinance "establishing a maximum expenditure for purchase, construction, and/or rehabilitation of a Police Department/Government Complex from the one-cent sales tax passed for assisting water improvements." Dominowski said during the public hearing that the ordinance needed to explicitly say that excess water tax revenues were to be used for the purchase of water rights for the town and that all the Nov. 1 ballot question documentation needed to be an attachment to the ordinance, to provide a complete record for future boards. There is little documentation available to determine the actual wording and intent of the 1989 ballot question that created the 1-cent water tax. An amended ordinance will be proposed at a future BOT meeting to set a cap of $2.5 million.

An ordinance amending the current 12 percent franchise fee on the water enterprise fund was continued because there appears to have never been an ordinance passed to set the franchise fee at 12 percent. The town had taxed water system customers 12 percent for use of the water department’s easements in order to move the money to the town’s general fund to bypass TABOR limits and strict state enterprise fund revenue use restrictions. Franchise fees were later charged to local utilities such as Qwest, Aquila, MVEA, and Adelphia cable. The 12 percent franchise fee is not charged to town residents, who receive their water from Triview or Woodmoor Water and Sanitation District.

The proposed ordinance would have kept the water system franchise fee in place, but a companion resolution would have reduced the fee to zero percent for the 2006 budget, due to staff concerns that there will not be enough money in the water enterprise for future capital improvements after buildout eliminates all but a few future tap fees in west Monument. All tap fees east of I-25 go solely to the Triview or Woodmoor water districts.

An ordinance creating new engineering plan review fees was continued. A separate ordinance and resolution applies to site plan and plat reviews, inspections, and enforcement. Glenn noted that the fees had previously been contracted out to commercial engineering firms by the former planning department. He said fees "six times higher" than Kassawara’s proposed engineering review fee schedule were "more appropriate" and that a local engineering firm "would charge 100 times" the fees of $200 for the initial review and $100 for each additional review in the new ordinance.

Kassawara said that the flat fees for the new Development Services Department are for an average development and not meant to overcharge any developer for having a smaller than average proposal. He had not collected any data on the time required for conducting and itemizing phone calls, faxes, e-mails, and administrative duties for each project’s engineering review.

Glenn asked Kassawara to review his planned fee schedule before resubmitting it to the board to ensure the costs were sufficient to pay for the cost of the staff’s time spent reviewing and approving the engineering documentation. Shupp also recommended making some format changes in the documentation.

The resolution that would have implemented Kassawara’s proposed fee schedule was also continued. Kassawara said that the fees were listed in a resolution, rather than the ordinance, so that they could be more easily amended in the future, based on collected cost data. Changing the resolution is easier because the town would not have to comply with all the additional requirements for advertising and holding a public hearing that are state requirements for amendments to an ordinance.

A resolution to approve the contract with Ayres Associates Inc. to prepare the town’s first stormwater master plan was unanimously approved. Ayres had already begun gathering the needed data to initiate plan development. The basic contract is for $87,186 which will be paid from the town’s storm drainage impact fee fund.

A resolution to accept updated documentation regarding changes to the town’s 457 deferred compensation plan from the AIG Variable Annuity Life Insurance Company was unanimously approved. There is no substantial change in the plan and no change in its cost.

A companion resolution to limit the franchise fee the town charges its water system customers was continued because the ordinance to create the variable franchise fee had been continued earlier in the meeting.

The board unanimously approved liquor license renewals for King Soopers and the Mandarin House restaurant. The Mandarin House will be transferring its renewed license from its former downtown Monument Plaza location on Highway 105 to Jackson Creek in the near future.

After a lengthy discussion, the board narrowly approved a new liquor license for Monument Liquor Mart in Monument Marketplace. Jon Stonebraker, the attorney for owner Gene Jones, asked professional surveyor Max Scott to present the details of the complete survey he had made of the approximately 5,000 residents and business owners within the legal "neighborhood" of the proposed liquor store to assess the "needs and desires" of the community, as required by state statute. Scott found that 69 percent favored issuance of the license.

Stonebraker asked Jones a series of questions regarding his application for the license, including details of Jones’ one prior violation for one of his employees selling alcohol to a minor at his store in Parker five years ago. Jones’ license was on probation for one year. Jones said the policy at all his liquor stores since the violation is to card anyone looking 30 and under without exception.

Shupp said that trustee Miller’s request to postpone the license hearing until after the Nov. 29 public meeting was inappropriate. Shupp also said that the percentage in favor of the issuance was substantially higher than for most such requests. Glenn said that every aspect of the application exceeded the standards required for issuance of the license. Police Chief Jake Shirk said he had no concerns regarding the issuing of the license. There was no public comment in opposition to the request.

Without giving any legal justification for opposing the license, Drumm and Miller voted against it. The vote was 4-2 in favor. Drumm questioned the validity of the survey; Shupp said there was no reason or evidence for Drumm’s conclusion. Miller said that the store was too close to the high school and middle school, though the limit is much smaller (500 feet) than the separation to Creekside Middle School or Lewis-Palmer High School.

The board’s approval was contingent on a positive finding from a Colorado Bureau of Investigation review of Jones’ fingerprints. Jones operates other liquor stores, so a positive result was expected within a few days.

A new liquor license for the Hikari Japanese Restaurant and Sushi Bar, which is taking over the former Mandarin House space in Monument Plaza, was unanimously approved. There was no public comment in opposition to the request, nor any board discussion of the application. Until its new license is approved, Hikari’s will operate under a temporary transfer of the Mandarin House’s liquor license.

The board unanimously approved a tax transfer payment of $40,972.39 to Triview Metro District, $35,120.50 for half the sales tax and $5,851.89 for motor vehicle specific ownership tax collected within the district.

The board unanimously approved an amendment to the $22,500 Community Development Grant previously given to the Historic Monument Merchants Association for beautification of town facilities. Two of the six garden proposals were dropped, making some money available to be reallocated to a banner holder to span Second Street, just west of Highway 105. The banner holder would limit wind damage to banners displayed.

Flowers have been planted around Town Hall by Deputy Clerk Irene Walters in the past, and she will continue to maintain those flowerbeds. The Historic Monument sign across Third Street by the Monument Post Office will likely be moved due to proposed traffic flow changes at the intersection of Third and Highway 105.

Director of Public Works Rich Landreth reported that the town would share the cost of a water flow gauge with the U.S. Geological Survey (USGS) to be installed in Monument Creek just below the dam, to more accurately measure output from the dam. Other gauges may be installed in the creek by USGS to better model the flows to the Arkansas River, but the town will not have to help pay for them. The town’s one-time share for installation is $5,900 and annual operations and maintenance cost share will be $15,000 per year.

Drumm advocated participating in the commercial plan for attracting a commuter rail station in Monument when the existing tracks are no longer used by freight trains. The developer is asking for a contribution of $10,000 per year to help float the proposal. Palmer Lake and Castle Rock have declined to make the payments to the developer. There are no plans for extending the existing Denver light rail system further south.

Green said the town has to figure out a way to prevent pedestrians crossing the railroad tracks at Second Street before the railroad will consider not using warning horns between 11 p.m. and 6 a.m. in accordance with the new town ordinance.

Miller asked why No Trespassing signs were posted on public sidewalks along Lyons Tail Road. Glenn said he would have to ask Triview District Manager Ron Simpson since the town has no control over the issue. Miller was surprised that the town had no say in the matter, though Green offered to assist him with contacting Simpson.

Miller asked that signs be added for Monument at the Baptist Road exit on I-25, similar to those at the Highway 105 exit. He also asked that town signs be made for the entries into Jackson Creek from Baptist Road to help resolve the divisions between Jackson Creek and west/downtown Monument. Glenn asked the staff to move on this request. Green suggested that all the signs include elevation, population, and the date the town was established. Miller also asked that the town signs for downtown Monument all be made consistent with "Downtown Monument" or "Historic Monument" to prevent visitor confusion.

Miller asked that CDOT adjust the timing of the lights on Baptist Road just east of the bridge over I-25, to minimize hazards for cars clearing the two Struthers Road intersections before lights turn green. He said there have been many near-misses at those intersections when drivers on Struthers (both northbound and southbound) attempt to turn onto Baptist. Other problems occur when drivers ignore or don’t understand the no-right-turn sign at southbound Struthers. These problems are worst at rush hour or when the high school day is over and students are driving home.

Miller also asked that the right-turn-only light at the northbound I-25 off-ramp be retimed for better flow. Green said all the requests would be made to CDOT.

Miller suggested that cameras be installed at these intersections to photograph and cite those who run red lights. The proposal was countered by other trustees. Kassawara said that some residents had successfully sued against the cameras in other parts of the country as an invasion of privacy.

The meeting was adjourned at 8:17 p.m. The Monument Board of Trustees normally meets the first and third Mondays each month at 6:30 p.m. in Monument Town Hall, 166 2nd St. For more information, phone 884-8017.

The Monument Board of Trustees (BOT) approved an ordinance that amends the franchise fee ordinance for the town’s water enterprise fund, but allows the size of the fee to be changed at any time in the future by resolution rather than requiring another amendment ordinance.

Afterward, the board passed a companion resolution that reduces the water enterprise franchise fee from 12 percent to zero in the draft 2006 budget. There has never been an ordinance to explicitly set this franchise fee at 12 percent.

Trustees Frank Orten and Travis Easton were absent. Scheduled guest speaker Tim Irish was also absent; his presentation on planning options for senior housing in Monument will be rescheduled.

Monument Ridge Annexation continued: An "Ordinance approving the Annexation, Annexation Agreement, and Rezoning of Monument Ridge" was continued at the applicant’s request, as was a companion "Ordinance approving a Sketch Plan for Monument Ridge." This proposed development is located on the vacant 30-acre parcel on Baptist Road directly across from King Soopers. The Planning Commission approved these proposals on Sept. 28.

Reallocation Cap approved: The board unanimously approved an "Emergency Ordinance Establishing a Maximum Expenditure for Purchase, Construction, and/or Rehabilitation of a Police Department/Government Complex Passed for Assisting in Water Improvements." The ordinance caps the amount of water sales tax that can be reallocated for the police department building to $2.5 million, but "does not cap how much can be spent on the facility using other sources of revenue."

The ordinance had been continued from the Nov. 7 BOT meeting so that the wording could be revised to note that any reallocated water tax revenue beyond this cap "will be expended on the acquisition of new water rights and the transport and storage of these newly acquired water rights." (See the BOT article on Page 2 for details.)

Ballot question 2a was passed by the voters on Nov. 1 to permit the reallocation prohibited by the 1989 ballot question that created the 1-cent water sales tax.

Trustee Tim Miller asked why it was being passed as an emergency ordinance instead of giving 30 days’ public notice. Town Manager Cathy Green said the staff was "already moving on" the facility issue and preferred that the ordinance be enacted immediately to "ensure the comfort level of the public." Trustee Dave Mertz said that the ballot question and cap issues had been well publicized before the election and during the two-week continuation.

Water system franchise fee set: An ordinance amending the town’s tax on its own water enterprise fund had also been continued at the Nov. 7 BOT meeting. The ordinance from 2000 that created the franchise fee specified that it would be 2 percent of all water customer billings; however, the fee has been 12 percent since 2002. Trustees questioned Green on whether the new ordinance should rescind the original ordinance’s fixed 2 percent fee or the current 12 percent fee actually being charged to water customers. The 12 percent fee was never authorized by an amending ordinance, as required by statute; it was just added to the 2002 budget by the board.

Green offered the BOT a choice of draft documents that would amend the 2 or 12 percent fee. Mayor Byron Glenn asked what evidence there was that authorized the 12 percent fee. Green said she could only find correspondence discussing the size of the fee from year to year but no authorizing ordinance for the 12 percent amount.

Town Attorney Gary Shupp noted that the fee increase was indirectly authorized by the last four town budget ordinances and that the purpose of the amending ordinance was to change how the size of the fee will be adjusted in the future, not to rescind the franchise fee completely.

The new ordinance says, "The Town of Monument Water Enterprise Fund shall be charged such franchise fee as determined by the Board of Trustees … with the amount of the franchise fee to be set by Resolution of the Board" rather than by another new ordinance. The size of the fee can be changed by resolution at any time. Treasurer Pamela Smith said the franchise fee charged to the town’s water system users has been 12 percent in all four town budgets from 2002 through 2005.

Miller asked whether the board should discuss eliminating the franchise fee permanently since it appeared the money was no longer needed in the general fund. Glenn said the companion resolution would reset the franchise fee to zero at the start of 2006.

Shupp recommended using the 12 percent figure in the ordinance. The board unanimously approved that version. Later in the meeting, the companion resolution setting the franchise fee at zero percent in the 2006 draft budget passed unanimously with no discussion.

Town engineering review fees created: The board unanimously approved an ordinance creating a new "Chapter 17.45 of the Town Code to establish procedures for review and approval of engineering plans, specifications, and related documents." These development proposal reviews have been conducted by consultant engineering firms in the past, with the charges passed through to the applicant. However, in 2003 and 2004 some of these consultant costs were not billed to developers due to administrative error. This ordinance had also been continued at the Nov. 7 BOT meeting. (See the BOT article on Page 2 for details.)

The proposed ordinance creates a set of technical engineering review procedures and authorizes fees for review by the town engineers. The amounts and types of fees "shall be established by the Town by a Resolution" of the BOT. Director of Development Services Tom Kassawara is a professional engineer and will perform these reviews. The size and type of the fees can be changed by resolution at any time under this ordinance. Plat and site plan review procedures and fees are covered by completely separate planning ordinances.

Kassawara had initially proposed a fee of $200 for the initial review and $100 for each subsequent review. The board had rejected those numbers as too low. In the revised resolution, these two figures were increased to $500 and $200. Several trustees said the new fees were still too low.

Kassawara said that if the amount collected did not pay for the amount of time (salaries and benefits) he was spending on engineering plan reviews overall, he would come back to the board and ask for a new resolution to increase the fees. He said his proposal was based on eight months of data.

During the public hearing on the ordinance, Lowell Morgan said the proposed fees were too low based on his observations of town planning reviews over his many years as a trustee and planning commissioner.

Glenn noted that the town had not always recovered costs that exceeded the initial retainer provided by applicants for commercial consultant fees. He said a flat fee was easier to understand than the complicated formulas for engineering fees charged by neighboring municipalities. Kassawara said he wouldn’t begin the reviews until the fees had already been paid. The ordinance was unanimously approved after further discussion.

During discussion of the companion resolution that sets the engineering review fees at $500 for the initial review and $200 for each subsequent review, Miller suggested increasing the two fees to $750 and $400. However, the resolution passed, without revision, by a 4-1 vote, with Miller opposed.

Promontory Pointe annexation hearing scheduled: The board unanimously approved a resolution stating that the application for annexation of the northern portion (78 acres) of the Walters Promontory Pointe parcel was in substantial compliance with state statutes. The southern portion (39 acres), adjacent to the intersection of Baptist Road and Gleneagle Drive, has already been annexed.

The board’s annexation hearing is scheduled for Jan. 3.

Well 9 project contract awarded: The board unanimously approved a resolution awarding a contract for $125,865.98 to Amwest, Inc. for installing the pumping equipment for Well 9, which is located near the entrance to the Trails End subdivision on Old Denver Highway.

Water treatment plant contract awarded: The board unanimously approved a resolution awarding a contract for $1,054,809 to Bosco Constructors, Inc. for expanding the capacity of the water treatment plant at Well 8 for water from Wells 3 and 9. Public Works Director Rich Landreth noted that the bid was the "lowest responsible bid."

Green said that Landreth had done a good job on the project because the original request for proposals had elicited only one bid that he considered to be excessively high. Also, there were insufficient funds in the 2005 budget to pay for the work. The second request for proposal yielded seven bids. The Well 3 building on Beacon Lite Road will be eliminated under this contract.

The board unanimously approved three routine bond payments over $5,000: $6,425 for a 1979 general obligation water bond payment, $94,250 for a 1998 general obligation water bond payment, and $20,079.07 for a water enterprise fund capital equipment bond payment. Trustee Gail Drumm suggested paying off the 1979 bond as soon as possible. Smith reported that sales tax revenues were meeting the projections in the 2005 budget. The 50-page financial report for October was unanimously approved without discussion.

Smith answered 2006 draft budget questions some trustees had raised during her absence at the Nov. 7 board meeting. She listed the many line-by-line changes she had made in the latest revision of the 20-page budget proposal before answering the list of questions she had received after the previous meeting.

Of note, Triview Metropolitan District will no longer lease two water operators and two trucks from Public Works to operate their water system in the new year. There is an addition of $5,000 for flagpoles at the town entrance sign at Second Street and Highway 105, $100,000 for bathrooms at Dirty Woman Park, $8,400 for a new color copier lease, and $267,539 for "New Police Building Payments."

Smith reported that the fees for administering the benefits package for the employees had changed due to Wells Fargo bank charges for electronic processing direct deposits and changes in the benefit package fees. Also employee pay and benefits expenses have been consolidated into the administrative budget.

At the Nov. 7 BOT meeting, Glenn had asked for an explanation of why more money (thought be an additional $1 million) was suddenly available for water system capital improvements. Smith, who was absent on Nov. 7, said Auditor Kyle Logan of Swanhorst Accounting Services determined that there were differences between modified accrual budgeting in the general and special funds and full accrual budgeting in the Water Enterprise Fund (WEF) that had not been properly accounted for in the past.

In his revised opinion, "Principal payments on capital assets (leases and purchases), capital outlay, and depreciation should not be reflected on the income statement." These amounts are now to be "added back into the ending fund balance under Reconciliation to GAAP" (generally accepted accounting procedures).

She also noted Landreth found several discrepancies in how water expenses had been reported before he was hired that have now been corrected. "When I corrected this accounting method … I got $1.5 million as the ending balance to the WEF, after fully funding the Capital Projects. The WEF balance is based on accrual methods and should not be confused with cash balances. The actual amount of cash in the bank segregated for water as of October 31, 2005 is $2.9 million." Because this latter balance is actually much higher than initially thought, there is in fact money that can be spent on capital improvements for Wells 8 and 9 that lies outside the constraints of TABOR and enterprise fund statutes.

Shupp reported on two appeals processes in suits filed against the town by Kalima Masse. The suit regarding BOT rejection of her request for renewal of a 19-year-old building permit for the concrete batch plant at Washington and Highway 105 is now ready for review by the judges. The stay on the Transit Mix suit expired on Nov. 17, but she has made a motion for a new extension.

Police Chief Jake Shirk announced the adoption and first offering of a 12-hour class on the Rape Aggression Defense System to residents of the region for a $25 fee, which can be waived if it is a hardship.

In October, there were 143 total calls for service, 112 traffic calls and stops, and 125 administrative actions. He also gave a presentation recommending that the town adopt a black-and-white paint scheme (white doors and roof) for police vehicles to make them more recognizable to citizens. There would also be lower installation costs on the three new vehicles to be purchased in 2006, as well as reduced maintenance costs. Shirk did not ask for additional money in 2006 for the conversion, since the conversion would average about $700 per unit.

Green reported construction progress on the new public works garage, asphalt paving, and sidewalk projects downtown. Water usage has dropped significantly this year. She asked for a one-year waiver on the requirement to use the majority of very high comp time the new staff has accumulated by the end of the year, or face shutting down Town Hall for the month of December. She will propose a BOT resolution to that effect in December. The staff is looking for a more cost-effective way to disseminate the information in the monthly newsletter.

The meeting adjourned at 8 p.m.

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The next meeting will be held at 6:30 p.m. on Dec. 4 at Town Hall, 166 Second St. Meetings are normally held the first and third Monday of the month.

Web site exclusive-Below: Promontory Pointe presentation at the Monument Planning Commission hearing Nov. 9. Photos by Jim Kendrick

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Web site exclusive: Below: Promontory Point Sketch Plan

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A standing room crowd of over 100 people presented numerous objections to the density of the sketch plan proposed for rezoning of the Walters Promontory Pointe parcel to the Monument Planning Commission on Nov. 9. After a long hearing, the Planning Commission voted to recommend the annexation proposal but voted against the PD sketch plan for this undeveloped 117 acre parcel north of Baptist Road and Gleneagle Drive, between Jackson Creek and Kingswood. The Beacon Lite Office Condo development was unanimously approved.

Commissioner Kathy Spence was absent.

Under a new policy, the Board of Trustees has delegated the task of responding to requests for comment from the El Paso County planning staff regarding proposed developments in the Tri-Lakes region that are not in Monument to the Planning Commission. Director of Development Services Tom Kassawara said that both referral projects on the agenda would have no significant impact on the town of Monument.

MGP, Inc. is developing 30 acres between I-25 and Doewood, on the south side of County Line Road and Monument Hill Road. The site plan shows 17 single-family lots and 9 commercial lots.

The Red Rock Reserve Subdivision is located north of Pixie Peak Road and west of Red Rock Ranch. The site plan shows 23 single-family lots on 67 acres. Neither development is near a town boundary.

The commissioners concurred unanimously on forwarding letters to the county stating that the town had no comments on either proposal.

The commission unanimously approved the preliminary and final PD site plan for the Beacon Lite Office Condos building, located directly behind the Air Academy Federal Credit Union. The lot on Beacon Lite Road is 1.22 acres. The L-shaped, 15,000 square foot building will have 12 units of 1,250 square feet each for sale. The exterior and grounds will be maintained by a condominium association. A condition of approval was an agreement between the applicant and the Monument Sanitation District regarding the applicant’s request to build a fenced-in trash dumpster area that encroaches slightly on an east-west district easement along the full length of the southern lot boundary.

Commissioner John Kortgardner asked about the kind of exterior lighting that would be used, expressing concern for residents of the adjacent apartments to the north and homeowners to the west. Architect John Padilla said that low wattage lighting with downcast shrouds would be used throughout. Timers will be used rather than photocells to ensure the nighttime security of the facility.

A preliminary plat for filing 4 of the Village Center at Woodmoor had been sent back to the applicant for further review by the town staff. The commission unanimously approved a continuation until Dec. 14.

Promontory Pointe annexation: The southern third of the parcel (39 acres) was annexed by the town in 1989. The applicant is seeking annexation for the northern 78 acres. The 117 acre parcel is bounded on the south by Baptist Road to the west by the fully developed southeastern portion of Jackson Creek, to the north by the proposed Home Place Ranch development (also seeking annexation by the town), and to the east by the five acre lot Kingswood development in the county.

Triview Metropolitan District included the entire 117 acres in 2002 and has already agreed to allocate all required water and sewer taps to the parcel. There is an existing 50 foot utility easement separating the full length of these two developments. An existing dirt easement road connects Agate Creek Drive in Jackson Creek to the Triview Metropolitan District water storage tank located on the northeast corner of the Promontory Pointe. The land for the tank was donated to Triview by the landowner. The Metro district will provide all its standard residential services to the development except provide police coverage, which will be provided by the town, upon annexation. Police coverage in adjacent county locations along Baptist Road is provided by the El Paso County Sheriff’s Office.

Adjacent to the northeast corner of Promontory Pointe is the Baptist Church Camp (BCC), now owned by developer Classic Homes. Classic is also seeking annexation of the camp by Monument in order to ensure a connection of its main east-west collector road at the west end of its parcel to the extension of Gleneagle Drive to Higby Road. The developers of Promontory Pointe and Home Place Ranch are trying very hard to ensure that the proposed Baptist camp collector intersects Gleneagle in the other’s development.

In addition, neither the residents of Kingswood nor Classic Homes want the main western access to the Baptist camp to be Kingswood Drive instead of the Gleneagle extension. Kingswood Drive has very limited sight lines due to rolling terrain, and is very narrow, with extensive areas of disintegrating asphalt that are riddled with potholes.

Terry Schooler of Guman and Associates and Jillian McColgan of DTJ Designs gave the applicant’s presentation for the annexation and sketch plan proposals. They emphasized how the proposal had changed since its poor reception when first presented at the Planning Commission meeting on Sept. 28. After that presentation, both proposals were withdrawn before they were voted on. The presenters emphasized the changes that were made, based on the suggestions they had heard at the previous meeting.

Applicant’s presentation: The developer agreed that houses next to Kingswood would now be ranchers on larger lots to minimize residents’ concerns about their mountain views and to provide a better transition to the adjacent five-acre lots. The number of lots along this property line was reduced from 15 to 11.

The proposed lot lines along the western boundary of Promontory Pointe were all realigned to identically match those of existing adjacent Jackson Creek lots, reducing the number of lots along this property line from 47 to 39.

The total number of lots was reduced from 328 to 311. All are single-family home lots. The average density is now 2.66 dwelling units per acre, slightly less than the average density for Jackson Creek. Open spaces, parks, and easements total 28.77 acres, 8 percent more than required by the town’s code. The smallest lot size was increased from 6,600 to 7,700 square feet.

The developer will contribute to private financing of the improvements to the Baptist Road interchange on I-25, over and above paying BRRTA’s impact fees and donating, rather than selling, the right-of-way needed for widening Baptist Road along the frontage of the parcel. There are 8.14 acres of right-of-way, including acceleration and deceleration lanes for westbound Baptist at the development’s entrance.

In the sketch plan, the extension of Gleneagle Drive north of the main entrance on Baptist Road was realigned. Gleneagle no longer connects directly to the east end of Lyons Tail Road at the development boundary with Jackson Creek. Rather, it extends all the way to the boundary with Home Place Ranch, and Lyons Tail Road is extended east to intersect with Gleneagle at a three-way stop sign. Gleneagle is only a 50-foot right-of-way north of this new intersection with the extension of Lyons Tail. The eastward extension of Lyons Tail within Promontory Pointe is a 60-foot right-of-way. Gleneagle between this extension of Lyons Tail and Baptist Road is also a 60 foot right-of-way.

In Jackson Creek, Lyons Tail Road has been designed to be a collector. It is three lanes wide with a 60-foot right-of-way, no parking, no driveways, and a dedicated left turn lane for its full length from the current eastern dead-end all the way west across Leather Chaps Drive to Kitchener Way. Between Kitchener Way and Jackson Creek Parkway, Lyons Tail Road is four lanes wide.

The developer agrees with Jackson Creek residents that the connection with Walters Creek Drive shown on the modified sketch plan is not needed or desired. The developer only included the connection because it is being required by the Triview Metro District and town staffs.

However, unlike Lyons Tail Road, Walters Creek Drive is not designed to be a collector. It is a one-block narrow residential street, far removed from Leather Chaps Drive and loaded by driveways with cars backing out from every house. It connects two similar narrow residential streets, the end of Saber Creek Drive to the middle of Agate Creek Drive.

Commissioner John Kortgardner’s concerns were:

Commissioner Lowell Morgan’s concerns were:

During the public hearing, residents of Jackson Creek and Kingswood expressed the same concerns as the commissioners as well as these others regarding the proposal:

Former county commissioner Duncan Bremer presented the applicant’s rebuttal:

Schooler replied that the annexation by the town will give the residents greater control of how the region develops. The developer is willing to work with the town on improving the interior road proposals, particularly with other alternatives for Walters Creek Drive, such as making adjacent cul-de-sacs that would allow only emergency vehicles and kids on bicycles to pass through.

The commission voted 4-1 to recommend approval of the annexation of the remaining two-thirds of the parcel to the Board of Trustees. Morgan said he was opposed due to concerns that property taxes were insufficient to pay for needed services.

There was a brief discussion before the vote on the sketch plan.

Kortgardner said his primary concern was the density of the development, particularly next to Kingswood.

Morgan said that the "real show stopper is the exit 158 interchange. Remember the exit 161 interchange took 10 years to complete" and there are no plans to even begin work on the Baptist Road exit at this time. "It is irresponsible to plan for 35 percent more houses in a few years."

Commissioner Larry Neddo said he agreed with everything Kortgardner and Morgan had said.

Commissioner Carl Armijo said the town went through a lot of time and effort to review what has been submitted that led to the second review by the commission.

Town Attorney Gary Shupp reminded the commissioners that they were voting to establish an allowable density, not the specifics depicted in the sketch plan, which may change.

The vote for recommending approval of the density in the sketch plan to the Board of Trustees was 2-3 against. Chairman Ed Delaney and Commissioner Carl Armijo voted to recommend the plan, while Kortgardner, Morgan, and Commissioner Larry Neddo were opposed.

The meeting adjourned at 9:50 p.m.

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The next meeting will be held at 6:30 p.m. on Dec. 13 in Town Hall, 166 Second Street. Meetings are normally held on the second Wednesday of the month.

On Nov. 29, the Monument Board of Trustees and the town’s department heads hosted an open house to solicit citizen input. About 40 citizens attended the two-hour session at Big Red, the Lewis-Palmer School District Headquarters building on Jefferson Street. Most took a turn at the podium to ask questions or express their views.

Police Chief Jake Shirk opened the evening with a slide presentation soliciting comments on repainting the department’s vehicles black with white doors and roof to present a more professional and readily identifiable presence, in line with a national trend back to basics.

Citizens from the town and adjacent county developments asked questions and expressed concerns focusing primarily on how rapid residential growth is stressing the town’s police and infrastructure resources, as well as the region’s aquifer-based groundwater systems, and the surrounding fire and ambulance districts. Besides concern for depleting groundwater too quickly, there were concerns about the adequacy of Baptist Road and the Exit 158 interchange to handle the three new residential developments proposed just east of Jackson Creek: Promontory Pointe, Home Place Ranch, and Classic Homes’ development of the Baptist Church Camp.

Mayor Byron Glenn and Town Manager Cathy Green discussed the compromises of growth. They noted that municipal revenue comes primarily from sales taxes rather than property taxes. Green said commercial development following residential rooftops.

The citizens and the towns’ representatives agreed that the evening’s discussion was a cordial and informative exchange. Glenn said the town planned to hold town hall meetings on a quarterly basis. The citizens thanked him for the opportunity to present their views.

Below: Palmer Lake Town Hall was packed for the chili supper Nov. 26. Proceeds pay for operation of the Palmer Lake Star. Photo by Vicky Baker.

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The Palmer Lake Town Council (PLTC) approved a new license for Sterisil, Inc. a dental water treatment equipment company at 835 Highway 105, unit D. Their equipment sterilizes the water apparatus used by dentists and hygienists in dentist offices.

Three boy scouts—Ian Parker, Richie Postma, and Chris Taylor, of Troop 194, Antelope Trails Elementary School—led the pledge of allegiance. Trustee Max Parker was absent.

All the consent items listed in the agenda, which were previously discussed at the council’s informal workshop meeting on Nov. 3, were unanimously approved without discussion. As a policy, no records or minutes from these workshop meetings are kept or approved by the council or town staff. The consent item list included the minutes for the Oct. 13 PLTC regular meeting, new business licenses, and payment of the town’s bills for September and October.

A business license was approved for the Bodchitta Bakery, Inc., 780 Highway 105, Unit B, without discussion; the license was also listed as a consent item. Owners Gretchen Anthony and Adrienne Arnold did not attend the meeting.

Nick Serbenescu’s application for a new restaurant and catering business license for Nicky’s at the Villa, 75 Highway 105, was continued when no representative attended the session. Serbenescu did not attend the Nov. 3 workshop meeting.

Serbenescu is leasing the former Villa restaurant building, which was most recently operated as Guadala-Jarra’s by owners Jeff Hulsmann and his wife, Peggy Jardon. Guadala-Jarra’s was closed in August, four months after a gambling raid that led to 24 arrests, and just after a temporary eight-day liquor license suspension. Serbenescu will begin operations under a temporary transfer of Hulsmann’s Villa liquor license until the requested permanent transfer is completed. Hulsmann will retain his liquor license for O’Malley’s Pub.

Fire: Trustee Gary Coleman encouraged everyone to attend the chili supper in Town Hall on Nov. 26. Profits are donated to the fund that pays for operation and maintenance of the Palmer Lake star. Volunteers, including members of the Palmer Lake Volunteer Fire Department and the town staff, prepare the supper. Jeannine Engel held a fire truck coloring contest at the Rock House ice cream shop to promote the chili supper.

Coleman also reported that a Nov. 1 report by Area Director John Healy of the Occupational Safety and Health Administration on its formal investigation of the July 4 fireworks display had found no violations or problems with the operation of the display by Western Enterprises, Inc. The company’s pyrotechnics operator was accidentally injured at the end of the show.

Coleman also reported that he had been a longtime teammate of the late Rev. Milton Proby in a Colorado Springs bowling league 40 years ago and was renaming the private road to his home after the civil rights leader. He showed a picture of the team and drew a big laugh by noting that he was the tall one with a whole head of hair (he’s bald now)—though he’s not as tall as Proby.

Water: Trustee Chuck Cornell gave the first of the new monthly reports on the town’s water system as requested by Awake the Lake committee member Jeff Hulsmann. There are 862 residential, 47 commercial, and 7 unused town taps, 916 in all. Seven taps have been sold in 2005, though none were sold in October. One of the taps was the commercial tap for the Willow Creek development.

October water consumption was 141,571 gallons of tributary water sources and 1,277,341 gallons of non-tributary sources. September expenditures in the water fund were $28,904 leaving a balance of $59,287. September capital water fund expenses were $15,388, with a balance of $198,139, and the wastewater credit was 3.1 acre-feet.

Police: Trustee Trudy Finan reported that year-to-date DUI arrests are down to 300 from 320 from this time last year. Part I offenses are down from 53 last year to 38 this year. The clearance rate for various types of cases in the department is 30 to 40 percent, well above the state average of 25 percent. Training is under way for the staff on dealing with domestic violence cases and threat assessment for homeland security.

Parks: Trustee Trish Flake reminded everyone that Deahna Brown is still offering yoga classes in Town Hall for $7, 9:15 to 10:45 a.m. every Wednesday. Local tennis coordinator Kim Makower received a round of applause for being awarded a matching grant of $3,800 from the U.S. Tennis Association to repave the town’s tennis courts. County Commissioner Wayne Williams is meeting with the county parks representative to develop a master plan for the county park at Palmer Lake.

Awake the Lake: The one-year anniversary of the Awake the Lake committee was noted by Hulsmann. Pavers are being sold at $75 apiece for the walkway through the memorial park on the north side of the lake. To date, the committee has collected $27,000 and has $14,000 on hand. Attendance remains high at meetings, with 30 people at the anniversary session.

Fountain Creek Watershed: Bob Miner distributed copies of a scientific and engineering report on impervious surfaces within the Fountain Creek watershed that was presented to the Pikes Peak Area Council of Governments. Town membership in the watershed committee is $1,500 per year compared to over $300,000 for Colorado Springs. However the latest two-year federal funding for the watershed studies was cut from $750,000 to $375,000. Funding for the Army Corps of Engineers study was also cut in half, from $250,000 to $125,000.

Hulsmann also discussed the possibility of the owners of the Renaissance Festival moving out of Larkspur to another location between Denver and Colorado Springs. Two vacant Palmer Lake locations of about 250 acres are under consideration. One is along Highway 105, west of Spruce Mountain Road; this position would be in Douglas County, but could be annexed by the town due to its proximity to the northern town boundary. The other potential site is on the south side of County Line Road, east of Palmer Lake.

Council members agreed that an exploratory committee needed to be formed to determine the feasibility and desirability of relocating the festival to Palmer Lake. Trustees agreed that there were several positive and negative tradeoffs.

Town Clerk Della Gray distributed copies of the second draft of the town’s budget for 2006. The public hearing for the budget will be held at the next regular council meeting on Dec. 14 at 7 p.m. in Town Hall. Regular meetings are normally held on the second Thursday of the month.

A motion to approve the 2004 audit passed unanimously.

The meeting adjourned at 7:48 p.m.

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The next informal council workshop meeting, where the draft budget may also be discussed, is on Dec. 7 at 7 p.m. in Town Hall. Council workshops are normally held on the first Thursday of the month and council meetings on the second Thursday.

Felony charges against Jeff Hulsmann and his wife, Peggy Jardon, were deferred for a year by a 4th Judicial District judge on Nov. 17. The restaurant’s liquor license was suspended for eight days on Aug. 10. The restaurant, Guadala-Jarra’s, went out of business on Aug. 21.

The charges will be dismissed if the couple adheres to conditions attached to the court order. Under the agreement with the district attorney, Hulsmann and Jardon must not commit any crimes during the next year. He must speak at three public meetings about the state’s gambling laws and his arrest. If he complies, the felony and misdemeanor charges "will be dismissed forever," according to the court order.

Cases against all but four of the card players—part of the Elephant Rock Texas Hold ‘Em Poker Club—who were cited on April 26 with petty-offense professional gambling were dismissed on Oct. 4, after they agreed to make $50 donations to a nonprofit organization. The other four, including Palmer Lake trustee Trish Flake, plan to go to trial in January.

At the Nov. 28 meeting of the Donala board, General Manager Dana Duthie reviewed three water group meetings, expressing disappointment that water expert Gary Barber will probably not be selected to sit on the Interbasin Compact Committee, which will help draft water legislation.

Member Don Pearson was absent and excused.

Scott Prickett, of investment firm Kirkpatrick-Pettis, appeared before the board to brief members on the district’s investment gains for 2005, as well as to discuss strategies for the future. The firm has been managing about $5 million of the district’s $11 million in total cash reserves for approximately nine months.

Donala decided to hire a private firm to handle its investments in an effort to maximize returns within the constraints specified by the board. Kirkpatrick-Pettis has a reliable track record, having profitably managed portfolios for several water and sanitation districts in the state of Colorado since the early 1990s.

Liquidity and minimization of risk were Donala’s most important goals. Prickett said that over half of the district’s portfolio will always fall within a 12-month maturity date, so that funds will be readily available should they be needed in a short time. He stressed that while the conservative approach mandated by Donala’s board precluded high percentage yields, it also ensures modest but steady returns in most economic climates.

Members reviewed expenditures and income through the end of October, as well as the check register for the past month. One check for over $15,000 to cover lightning strike repairs drew the attention of the board. Duthie explained that a strike at the Holbein plant had destroyed a controller, as well as a computer server in the office, but that the $17,000 the district had received from the insurance company would cover most of the damage.

The Donala board of directors, having previously reviewed and discussed draft copies, unanimously accepted the budget. Though rate changes can be instituted at any time if approved by the board, the finalized budget does not include an increase in water and/or sewer rates for 2006. The approved budget will be submitted to El Paso County along with the required mill levy documentation.

Since the state’s deadline for submission of the budget is Jan. 31, Duthie will change the projections to reflect actual numbers for 2005 before sending in the paperwork. The board authorized Vice President Ed Houle to sign the revised documentation once final figures are available, as President Charlie Coble will be away.

Board members also unanimously passed resolutions authorizing the mill levies for the coming year. Mill levies, which must be recertified yearly by an elected board, are assessed as property and motor vehicle taxes and are used by the district for general operating expenses and payment of debt incurred to finance large capital projects.

Customers receiving water and sewer service—which includes all of Gleneagle, High Meadows, the Ridge at Fox Run, and a couple of homes in Chaparral Hills—will pay a mill levy slightly more than double that of those few homeowners in Chaparral Hills who only receive water. The mill levies remained essentially the same for 2006.

El Paso County Water Authority (EPCWA)

Although Gary Barber, as executive agent for the EPCWA and manager of the Palmer Divide Water Group (PDWG), is knowledgeable about water issues statewide and in El Paso County, it appears unlikely he will sit on the Interbasin Compact Committee. The authority had hoped that Barber would be appointed by fellow members of the Arkansas River Basin roundtable to represent them on the committee, which will help draft legislation to provide for the equitable division of Colorado surface water rights between competing interests. Each of the nine designated river basins in Colorado is allotted two seats on the Interbasin Committee.

Duthie said he does not expect to see legislation or policy decisions favorable to northern El Paso County proposed through the Arkansas Basin representatives, whom he said are heavily influenced by Pueblo politics and agricultural interests. Area water providers between Denver and Colorado Springs have been working to set up a mutually beneficial rotation/fallowing program with lower Arkansas River Valley farmers. But opposition to the fallowing concept by influential southern Colorado residents who fear the elimination of family farms—along with antagonism between El Paso and Pueblo counties resulting from disagreements over the proposed Southern Delivery System pipeline—make cooperation unlikely.

Authority members learned that the Douglas County Water Authority had not completely dissolved, but was in the process of breaking into two smaller entities, one covering the east Cherry Creek Valley, and the other the south Metro area. The break leaves the EPCWA as the only real water authority in Colorado.

El Paso County Commissioners decided that all newly created water districts within the county must join the EPCWA. Cascade Metro Districts A and B recently joined, but have not yet attended a meeting. This has made it difficult to obtain a quorum as specified by current rules, which mandate that a minimum percentage of the total membership must be present. Authority members asked the EPCWA attorney to amend the bylaws to specify a set number of individuals instead.

The issue of stormwater control, which has become an increasingly important topic in the city of Colorado Springs, was also discussed during the meeting. Because the county does not have an enterprise set up for the purpose, it cannot charge fees to build infrastructure to address the problem. Presently, the county transportation system has responsibility for instituting and overseeing stormwater runoff controls.

Two PDWG meetings have been held since the Donala board last met in mid-October. Ed Houle attended the October meeting, and distributed a summary to board members. The main topic of discussion was the recent public release by the Bureau of Reclamation of the seven alternatives that will be included in the environmental impact statement (EIS) for the Southern Delivery System (SDS). The SDS is a proposed pipeline that would bring surface water north from the Pueblo Reservoir for distribution to Colorado Springs municipal customers.

None of the alternatives include plans to supply water to the Tri-Lakes region. The purpose and need statement of the EIS refers to participants in the project in a narrow context, which only includes residents of Colorado Springs and a few small municipalities south of town, while ignoring the growing water needs of those living in northern areas of the county.

The group discussed other alternatives for bringing surface water to the area and concluded that only two were reasonable to consider. The first involved constructing a pipeline east of town to bring water north from agricultural land. The second required combining resources with other water providers to develop Brush Hollow Reservoir without participation from Colorado Springs.

A brief look at the cost of the alternatives convinced members that these options were not economically feasible and that partnering with Colorado Springs on the SDS pipeline was the only practical choice.

Ann Nichols, of Forest Lakes Metro District, recommended that the PDWG approach the Colorado Springs City Council to argue the merits of inclusion, instead of appealing to Colorado Springs Utilities, where the PDWG has always met resistance. A study quantifying the value of northern communities to the economy of the city, in skilled workforce contribution and spending power, could also be a persuasive tool.

Barber and Rick Fendel agreed to work together to draft a PDWG response to the Bureau of Reclamation’s preliminary alternatives before the Nov. 15 comment deadline. They will again argue for a regional solution that includes northern El Paso County residents as participants in the SDS. Barber will also speak with independent consultant Dave Bamberger to get an estimate on the cost and feasibility of an economic study to help support the PDWG’s position that the Tri-Lakes area represents a considerable asset to Colorado Springs.

Duthie, chairman of the PDWG, brought the board up-to-date on the latest developments from the Nov. 10 meeting. Duthie had written a letter in September to Colorado Springs mayor Lionel Rivera requesting the PDWGs inclusion in plans for the SDS. He recently received written response from the mayor, who replied that the city would not consent to discuss the matter until the PDWG worked with the county to "establish the necessary governance to address stormwater for El Paso County."

While Duthie agreed that stormwater management is an important issue that needs to be addressed, he told the board that by charter, water and sanitation districts are established to handle only water and wastewater, not storm runoff. Funds collected through mill levies, fees, and service charges can only be used to provide water and/or transport and treat wastewater.

Municipalities and metro districts such as Forest Lakes or Triview have broader powers, and stormwater management would fall within their jurisdiction. Duthie contends that Colorado Springs should actually be working through the Pikes Peak Area Council of Governments’ Water Quality Committee to address county stormwater issues rather than pressuring the PDWG, since the group’s membership includes special districts, which have no authority to deal with storm runoff within their borders.

However, the PDWG will send a letter to Rivera thanking him for acknowledging that, in order to be effective in solving problems that affect the entire county, the Tri-Lakes area must be included as part of any "regional solution."

Duthie also distributed copies of the PDWG letter to Pat Mangan of the Bureau of Reclamation commenting on the SDS and proposed alternat