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Tri-Lakes celebrates Independence Day

July 4th 2003 Photos and More July 4th 2003 Photos

Photos by George Barnes

July 4th 2004 Photos

Below: Monument Hill Marching Band. Photo by Jim Kendrick:

Below: Palmer Lake Fireworks. Photo by Kim Makower:

The Tri-Lakes area is a great place to celebrate the Fourth of July. Activities begin early, at 7:30 a.m., with Palmer Lake Elementary’s four-mile run to Limbach Park in Monument. The starting point is the Palmer Lake Santa Fe Trailhead.

The Town of Monument celebrates Independence Day each year with a parade that draws over 100 entries. The parade is known as the "biggest small town parade in Colorado!" The Monument Hill Sertoma Club continues to sponsor and marshal the parade, as it has for over 12 years.

The parade will wind its way through downtown Monument starting with the children’s parade at 9:30 a.m. The main parade starts at 10 a.m. Youngsters participating in the children’s parade should assemble in the south parking lot of St. Peter’s Catholic Church, located at First Street and Jefferson by 8:30 a.m. No entry form is required for the children’s parade; just show up with decorated tricycles, bicycles, wagons, animals, etc.—but no skateboards or motorized scooters. Ribbons will be presented to all participants.

Many of the familiar entries are returning this year, and new entries have been added. The Monument Hill Marching Band, composed of LPHS students, will lead the parade. Many Sertoma, political, and esteem color guards will be there. The Al Kaly Shrine will have its entire group of clowns, small car drill teams, and the famous 20 Mule Team. The Pikes Peak Highlanders and Color Guard, local artist/musician Joe Bohler, and the Tri-Lakes Woman’s Club will provide additional musical entries.

Returning this year are the KSPZ "Yellow Submarine" van, Muzzleloaders, Safeway Buggy Brigade, Cowboy Steve, El Paso Mounted Sheriff Unit, Pikes Peak Soap Box Derby winner, regional fire departments, scouting organizations, classic cars clubs, individuals, and businesses. The Pikes Peak or Bust Rodeo Girl of the West Corliss Palmer, the current El Paso County Fair Queen Pam Dawson and Rangerettes, and the Larkspur Renaissance Festival King and Queen, jesters, camels, elephants, and jugglers will be returning for your entertainment.

Jim Berry of Citadel Broadcasting Company’s KSPZ Oldies FM 92.9 will simulcast the parade for the fourth year. Over 30 awards are given to the outstanding entries. Parking is available at Palmer Lake Elementary School, Lewis-Palmer High School, Lewis-Palmer Middle School, Creekside Middle School, and the new Monument Park and Ride, with free shuttle buses running continuously between 9 a.m. and 2 p.m. The drop-off points are Vitamin Cottage, on Beacon Lite at Highway 105, and at the corner of 2nd Street and Beacon Lite.

After the parade, visit the street fair in downtown Monument, where you’ll find delicious things to eat and drink, and interesting things to buy, including many handcrafted items. The Monument Hill Sertoma booth will be selling 4th of July T-shirts at bargain prices. Also, watch for their roving sales people selling hats, bandanas, noisemakers, and much more. All proceeds help defray the cost of the parade.

The festivities continue in Palmer Lake at the ball field on Highway 105 at the south end of town. An inflatable playground by Daisy Twist, old-fashioned games and fun by Kiwanis, vendors, and live bands will entertain from 2:30 to 8:45 p.m. The holiday culminates with a dazzling fireworks display over the lake at nightfall.

The prosecutor for the criminal case against Patricia Unger met with residents at the Red Rocks Ranch Homeowners’ Association (RRRHOA) meeting June 13. Unger is accused of embezzling $315,000 from the Forest View Acres Water District (FVAWD).

Robyn Cafasso, Senior Deputy District Attorney for the State Fourth Judicial District, said Unger is charged with one count of theft, which is a felony, and 16 counts of forgery. Cafasso said conviction on the theft charge would automatically include conviction on the forgery charges. She added that there were more instances of alledged forgery, but the 16 specific documents were chosen based on the "egregiousness of the forgery and the amount."

Cafasso said that if convicted of a felony, Unger would have a permanent criminal record and could receive a sentence of up to 12 years in prison. Cafasso said, "It is my position that she should go to prison."

Cafasso noted that alternative sentences include probation or community correction and that residents of the FVAWD can address the judge prior to sentencing, which would come 6-8 weeks after a guilty verdict or plea.

Cafasso cited a recent first-time conviction in an $350,000 embezzlement case in which the defendant received six months in county jail with work release and 15 years probation. In another case, she said a convicted embezzler of $1.5 million received a 10-year prison sentence.

She said that under the community correction program, inmates are released to work during the day and return to the facility at night. She said there are two private facilities in El Paso County offering community correction. The inmates must pay about $25 per day. Cafasso said she is not a fan of community correction because the $25 per day is not going to victims as restitution.

Cafasso said that in this case, as in virtually every case, some attempt at plea-bargaining occurs. She said, "The purpose is to ensure that justice is met and avoid a trial." She added, "We are lucky to get two trials per year."

In this case, all the parties have agreed to enter into mediation. Cafasso said mediation is like plea-bargaining except that a third party, the mediator, is involved. The mediator in this case is Senior Retired Judge Richard Toff.

The parties to the mediation are Cafasso, Unger, the attorneys in the civil case, and the attorneys in the criminal case. Each of the parties will be in a separate room, and the mediator will shuttle from room to room.

In response to questions, Cafasso said that up to three residents of the district could be present as spectators. Later in the meeting, RRRHOA board member John Sharp was appointed as a spectator. FVAWD board member Brian Cross reported that the FVAWD attorneys in the civil case told him they do not want anyone present except the board’s representatives.

Regarding who accepts or rejects the result of the mediation, Cafasso said, "I represent the people of Colorado and the ultimate decision will be up to me." She said she would consider the wishes of the victims, that is, the wishes of the residents of the FVAWD. She noted that the judge could decline a mediated agreement.

The preliminary district court hearing on the Unger case was continued to July 12, 10 a.m. Mediation is scheduled for July 8, 8:30 a.m.

District resident Ketch Nowacki requested that as a part of any settlement, Cafasso require documentation of what Unger did, when she did it, and who else was involved. He said the residents were interested in whether there was any "deliberate indifference" on the part of the FVAWD board.

Cafasso said that if Unger enters a guilty plea, then she must give a recitation of what she is guilty of. Cafasso said an exit interview of Unger by a detective could be required. She added that an accounting of Unger’s assets could also be a requirement of any mediation agreement.

Below: FVAWD resident Susan Gates reads the recall petitions into the record. Seated at the table (L to R) are board members Barbara Reed-Polatty, Kevin Lonergan, Brian Cross, and John Anderson and contract water operations manager Dan LaFontaine. Photo by John Heiser

Zoom in

More than 20 people attended the June 15 special meeting of the Forest View Acres Water District (FVAWD) board of directors. The meeting was rescheduled from June 8.

Four of the five directors—Kevin Lonergan, John Anderson, Brian Cross, and Barbara Reed-Polatty—were present. Tom Guenther, president of the district, was out of town on business. Vice president Lonergan presided.

During the meeting, petitions were read into the record calling for the recall of Guenther and Lonergan.

The late Hugh Nevins established the FVAWD in 1957 to provide water to 27 homes. Currently, FVAWD provides water service to 280 residences in the Red Rocks Ranch, Clovenhoof, Villas, Sundance Estates, and Shiloh Pines neighborhoods in unincorporated El Paso County. A five-member board of directors governs the FVAWD. The district has a contract water operations manager, Dan LaFontaine, who is responsible for maintaining the equipment and infrastructure and for managing all aspects of water delivery.

In February, a warrant was issued for the arrest of former contract office manager Patricia Unger on charges of embezzling more than $212,000 in district funds. That amount was subsequently increased to $315,000. Unger surrendered to authorities Feb. 16 and was released on bail awaiting a preliminary hearing, which was initially scheduled for April 18 and then postponed to May 19.

The May 19 hearing was continued to allow time for mediation and completion of the audit by Sheri Betzer, a forensic auditor, hired by the district. Subsequently, the District Attorney’s office consulted with Unger’s lawyers and the facilitator for the mediation, and scheduled mediation for July 8 and continued the preliminary hearing to July 12.

The district has filed a civil suit against Unger to recover the missing funds. The nonbinding mediation is intended to address the civil and criminal aspects of the case.

District resident Ketch Nowacki asked the board to name someone other than Guenther and Lonergan as primary representative for the district during the mediation.

Reed-Polatty replied that Cross has volunteered to serve in that role. She added that she has also asked to attend the mediation sessions as an assistant to Cross.

District resident Craig Ketels asked if $315,000 is the actual amount of missing funds. Reed-Polatty replied that the sheriff’s office has evidence to support the $315,000 but that the forensic audit could determine that the total is higher. She added that the audit was to be completed by June 9 and the auditor has submitted an invoice indicating that the work has been completed.

Referring to a recent letter sent to district residents proposing the recall of board members, former board member Jeff Walker suggested that the parties "sit down in a room and discuss the situation." Resident Susan Gates suggested that Walker join the recall committee. She said, "We have open discussions." Former board member Pat Berkart said the letter misstates the situation and the condition of the district.

Resident Ed Taylor asked for an estimate of the attorneys’ costs associated with the Unger case. Lonergan replied, "Tens of thousands of dollars."

Taylor asked if the district would be imposing water restrictions this year. Lonergan replied that water restrictions have been imposed only when there were mechanical failures in the system and those lasted at most one or two weeks.

Former board member Jeff Dull asked for the status of the chlorine problem. Lonergan replied that the water system, like many designed in the late 1960s has one pipe running to the tank. He said, "When the inflow and outflow are balanced, the water in the tank doesn’t move."

Lonergan added that the district currently accumulates water in the tank during the week and then uses the water from the tank during weekends. He said a modern design would include another pipe to the tank so the water continuously flows through the tank, giving more time for the chlorine to act. Adding the second pipe is one of the projects affected by the district’s financial situation.

Lonergan noted that the Colorado Department of Local Affairs (DOLA) is holding grant money that could be used for some additional work.

Some highlights of LaFontaine’s report:

Some highlights of the billing report for May:

Lonergan reported that the operating account balance stands at $18,929, the debt service account stands at $3,601, and the contingency account stands at $1,500.

The board unanimously approved checks totaling $18,832 for a variety of bills including $4,406 for LaFontaine’s services, $2,800 toward the $23,321 owed to Henkle Drilling, $2,518 to forensic auditor Sheri Betzer, $2,000 toward the $32,843 owed to law firm Petrock & Fendel, $1,280 for part-time contract bookkeeper Anne Bevis’ services, and $588 for electricity.

Bevis reported that she is continuing to set up QuickBooks with a basic chart of accounts and has started a master customer list including owners of vacant lots. She recommended the district purchase information from the El Paso County Assessor’s office to help with that.

Gates announced that a recall committee has been formed and has decided to initiate the recall of Guenther, who has served on the board for over nine years, and Lonergan. She read into the record, the following text duplicated in both draft recall petitions:

(The two board members) "…should be recalled for gross negligence in carrying out his fiduciary responsibilities and for failing to apply a degree of attention or care expected of a person in his position as member of the Board. The current deteriorated condition of the District’s assets, lack of comprehensive plan for repair and replacement of fixed assets, and the crime of opportunity allegedly perpetrated by a member of the District’s Staff resulting in the verified loss of more than $300,000 of District funds can be attributed directly or indirectly to (the two members’) failures and negligence while on the Board."

Gates then asked Lonergan if he wished to resign. He said, "No."

Leroy Schmidt said he has a house on 40 acres with a formerly low-producing well that has gone dry. He said he has no intention of subdividing the property. He said he would pay a tap fee, legal fees, and the cost of running pipe to his property and would transfer the water rights associated with his property. He asked for a waiver from the district’s inclusion fee, which Lonergan said would be about $120,000 for the property.

Reed-Polatty said the district should research the history of waivers from the inclusion fee.

LaFontaine suggested the district could enter into a temporary service agreement to provide water to the property using a temporary line until the details of the inclusion can be resolved.

The board unanimously voted to enter into the temporary service agreement with Schmidt and to accept the inclusion petition for review.

Reed-Polatty reported that she attended a recent training session for board members presented by the Special District Association. The session included information on the statutory requirements for posting notices of meetings. She highlighted the following points:

The board unanimously voted to elect Cross to be the district’s treasurer. Cross abstained from the vote.

Lonergan reported that AmWest removed and replaced the pump, scrubbed the screens, and videoed the well. He reported that after the work was completed, production increased from 97 gallons per minute to about 115 gallons per minute. He said the work took nine or 10 days, and the well is now back in full operation.

Taylor said, "You need to have a schedule for preventative maintenance."

The board passed a motion to add creation of a preventative maintenance schedule to the responsibilities of the technical committee.

Cross said, "Four or five people have commented that items in the letter [regarding recall of Guenther and Lonergan] are misleading or inaccurate."

Walker said, "You can’t do justice to the issues with a written response. You need to get everybody in a room."

Resident Pete Pettigrew said, "I set the whole [district] up in the 1990s and got the $880,000 grant. You better get a letter out. "

Jeff Dull, Walker, and Birkart volunteered to help prepare a response to the allegations.

The board unanimously approved writing a letter regarding the condition of the district.

Reed-Polatty noted that no district funds may be used in responding to the recall.

Nowacki added, "It is okay to address the condition of the district but not the recall of the two individuals."

He added that the petition is being submitted to the court for approval, and an informational meeting on the recall will be held in July.

The board unanimously voted to go into executive session to discuss confidential matters regarding individual billing issues.

**********

The Forest View Acres Water District normally meets the second Wednesday each month at 7 p.m. The next regular board meeting would normally be held July 13. Those wishing to attend are encouraged to confirm the date, time, and location by calling the district at 488-2110.

Differing opinions on how to partially refill Palmer Lake and ensure that it will stay refilled were discussed by Town Council trustees and leaders of the Awake the Lake Committee. The council approved three new business license applications for consent items requiring no further discussion at the regular council meeting on June 9. Two replat proposals were also briefly discussed and approved in advance of public hearings on June 9.

Community and Economic Development: Trustee Gary Coleman reported that citizen meetings had produced an initial consensus that the town’s current policy of lighting the star on Sundance Mountain only during the Christmas season and on Memorial Day probably should not be changed. He said there would be another meeting later in the month to give citizens one more chance to express their views on the issue. Controversy arose after the Town Council lit the star for one night in April during its regular meeting to honor Trustee George Reese, who had died unexpectedly.

Coleman also noted that Julie Lokken had completed her "housecleaning of Town Hall storage under the stage" and found lots of ice skates. He added that there have been some citizen concerns about signs and banners along Highway 105. Town Clerk Della Gray passed out copies of the town’s banner ordinance to the trustees and noted that the town cannot enforce sign prohibitions or restrictions in the state’s right of way along Highway 105.

Water: Trustee Chuck Cornell said that Town Water Supervisor Steve Orcutt had observed that creek flows into the town’s reservoirs had improved and that 12.9 acre-feet had been pumped into Palmer Lake from the town’s D2 well as of June 1.

Police: Trustee Trudy Finan noted that the equipping of the new 2005 Impala police vehicle was completed and that all the department’s vehicles have upgraded decals. In her police call report, she noted that total calls through May were 149, down slightly from 153 last year. In May, there were 3 custody arrests, 18 cases, 29 traffic citations, 61 traffic and dog warnings, and 2 dog citations. The number of traffic citations and traffic and dog warnings are up sharply from last year.

Parks and Recreation: Trustee Trish Flake noted that the Columbine art festival would take place on June 12 in the Tri-Lakes Center for the Arts and in the park across Highway 105. Chamber of Commerce Executive Director Steve Spry also encouraged people to visit the displays in the park along the west side of the lake.

Flake announced the first annual Palmer Lake Volunteer Fire Department Pancake Breakfast would also take place that same morning. Flake then said the last movie and discussion of the film festival on war would take place in Town Hall on July 3 and that the long-anticipated restoration of the town’s annual fishing derby for kids was set June 4.

Roads: Trustee Max Parker said that the town would be seeking bids for this year’s program of asphalting some of the town’s streets. He said the bids would be sequenced, starting with the highest priority projects first. He noted that much of the milled asphalt produced by grinding the roadbed of the town’s portion of Highway 105 had been successfully recycled to stabilize some of the town’s dirt roads. When a sealer is applied to the crushed grindings, he said it is called "poor man’s asphalt." Mayor Nikki McDonald drew laughs by retorting that this "repaving" was "right up our alley."

Parker also reported that resident John Savage is heading up an effort to form a road improvement district on the east side of the lake and that the town’s dust control project was under way. Finally, he noted that the town would be investigating the possibility of initiating a bond issue for road improvements for the town election in April.

Fire: Trustee Brent Sumner reported 19 fire calls in May including 5 fire, 10 medical, 2 wildland fire, 1 traffic, and 1 other calls; six of these were for mutual aid. Sumner noted that the department was supporting a number of activities including the fishing derby, the Elephant Rock Bike Race on June 5, and the pancake breakfast on June 11. Sumner also gave the standard monthly reminder to post house numbers by driveways where they can be seen from the street to ensure the swiftest response in an emergency; this has been a chronic problem in several wooded neighborhoods in town.

Three volunteers recertified for CPR, and a new member, Paul Keller, was sworn in on June 1 at a department meeting. Anyone wishing to become a new member of the volunteer fire department may contact Chief Phillip Beckman at 499-1066.

Fountain Creek Watershed Project: Bob Miner reported that there had been some severe funding cutbacks for the next few years and that the portion of the study affecting the north end of the county had lost its funding. He said that the Pikes Peak Area Council of Governments would start a vigorous letter-writing campaign to the state to restore as much funding as possible.

Awake the Lake: Parker, Cornell, and McDonald expressed concerns that the committee and the town council still appeared to be in disagreement about what was best for the lake and the town’s drinking water supply. Orcutt had recommended that pumping of D2 well water be reduced because the water level had dropped from 950 feet to 350 feet. As a result, the well was pumping a lot of mud and sand that was bypassing the well’s filtration system. There had been instances of brown and cloudy tap water in some parts of town.

Greg Cook, the new leader of the committee, expressed concern that with the new 8-hour per day pumping schedule, the town’s temporary pumping permit would expire at the end of the month before the goal of pumping 30 acre-feet of water could be reached. He asked if a different compromise of 12 hours of pumping per day might be possible to get as close to 30 acre-feet as possible. He also advocated obtaining storage rights as quickly as possible in order to resume refilling by pumping or other means in the fall.

A complete refill of the lake is estimated to require 85 to 90 acre-feet of water. Only when the lake has been completely refilled and it has been demonstrated that there will be no significant seepage, evaporation, or other losses will the $20,000 appropriated by the Board of County Commissioners be paid to offset water costs incurred by the committee.

Jeff Hulsmann said that brown water is an annual occurrence during high creek flows into the town’s reservoirs. He disputed the water quality issue and whether it was related to pumping D2 water. He said that he had some of the water tested, and the tests revealed no problem. He provided no documentation or details of who did the testing or where or when his samples were taken.

Gray said that the cloudy water problem had been cleared up by flushing some of the water mains by opening fire hydrants for a short time. McDonald, Parker, and Cornell said that the 30 acre-feet number was a goal rather than a fixed number to be obtained. Parker said the town must rely on the professional opinion of the certified water supervisor rather than the wishes of citizen volunteers.

McDonald expressed concern that even this much water would fill the lake to above the level of where the sandy bottom near the eastern shoreline might permit the potential seepage losses forecast by town water engineering consultant firm CTL Thompson. She added that pumping should stop when the water level reaches the sandy bottom level to experimentally determine whether water would actually be lost through the sandy bottom. Parker said the town must rely on the professional opinion of the town’s certified water supervisor rather than the wishes of citizen volunteers to protect the town’s water supply.

After more discussion, the committee leaders were invited back to the June 9 regular council meeting for a presentation by the town’s water attorney on relevant water law and options for attaining and maintaining a full lake. The trustees and committee members agreed on the need to better coordinate their statements to citizens and the press at their separate meetings to avoid appearing to be in disagreement on every aspect of the long-term project.

The Wee-Treat at Miss Sherry’s is a professional licensed preschool on 459 Virginia Ave. Owner Sherry Rodermund-Smith received approval for a conditional use in 2003 but was not able to open until this year due to illness.

Nicholas and Betty Cooper received approval for BNK Landscape, 296 Spring St. #2; they will also perform lawn maintenance.

Kenneth McNeilly was approved to open Colorado Turquoise Jewelry Company on 605 Academy Road. It will be a retail and wholesale manufacturing business for jewelry and Indian artwork.

Joan Lavellet and Ethel Engel received permission to vacate the lot lines for their 10 contiguous historic lots between Middle and Lower Glenway so that two new houses could be built, in addition to one existing house, on the properties without any setback or minimum lot size issues.

John and Susan Cressman’s request to vacate and replat some interior lot lines with rezoning from residential agricultural (RA – 5 acres) to residential estate (RIE – 2.5 acres) in Forest View Heights Filing 2 was also approved after a few questions to clarify where the parcel is actually located.

The meeting adjourned at 8:30 p.m.

Below: At the Palmer Lake Town Council meeting June 9, water attorney Ronni Sperling recommended that citizens interested in understanding how the town could acquire storage rights for the lake should purchase the Colorado Foundation for Water Education booklet Citizens Guide to Colorado Water Law by Justice Gregory J. Hobbs, Jr. at the web site https://cfwe.org/EducationalProducts/ss/ListCatalog.asp. Seated at the table, from left to right, are Town Attorney Larry Gaddis, Trustees Trudy Finan, Max Parker, Chuck Cornell, Mayor Nikki McDonald, Town Clerk Della Gray, and Trustees Brent Sumner, Gary Coleman, and Trish Flake. Photo by Jim Kendrick

Zoom in

The Palmer Lake Town Council held its regular monthly meeting on June 9 after holding a short, but separate, Liquor Licensing Authority meeting to approve two one-day liquor licenses for events to be held at the Tri-Lakes Center for the Arts. The events are the "Broke Mountain" bluegrass concert on July 21 at 7 p.m. and the opening of the fiber art show on July 29. All members of the council were present, as was Town Attorney Larry Gaddis.

Trustee Max Parker voted against the single motion to pass all the consent items, without comment.

Ronni Sperling, of law firm Moses and Wittmyer in Boulder, presented five options that the council can choose from in pursuing the acquisition of water storage rights in Palmer Lake. The town has no storage rights at this time. She has been the town’s water attorney for 20 years.

In her introductory remarks, she said the town is in Division 2, the Arkansas River basin, and the court holds its hearings in Pueblo on new rights, changed rights, and disputes. There are 7 water divisions in Colorado. The state publishes a list called "the tabulation" that lists all adjudicated water rights, which are property rights, from most senior to most junior throughout the state.

Option 1: Create a "new junior water right" in state water court that would be the "most junior," "not worth much," and least likely to be useable since all available water in the Arkansas River Basin is "severely over-appropriated." Only in the case of a very severe flood would the town have a chance to own any flows that are not already owned, since water is not "shared" by the owners of the various adjudicated rights.

Option 2: Have a plan for augmentation that allows an entity to obtain the rights to water from a downstream rights owner and redirect an equivalent amount of water upstream.

Option 3: An exchange similar to option 2 except that it can be approved by the state water engineer after the application to the water court is published on the engineer’s Web site. in the "Water Resumé section. Anyone with objections has 60 days from publication to file a statement of opposition. If there is opposition that cannot be resolved by negotiations, go to court for a hearing.

Option 4: Redirect a decreed water right to a new use. Surface and ground water have completely separate hierarchies of decreed permitted uses. For example, water that has been decreed by a court to be used solely for irrigation cannot be used for domestic or municipal purposes. She added that recreational water rights, for parks and lakes for example, are usually far junior to water rights for irrigation. She indicated that this option would be difficult for the town to try.

Option 5: File a "change case" that swaps irrigation rights for domestic or municipal uses. The abandoning of historic senior irrigation rights is typically very risky because the court often reduces the size of the water right and adds restrictions to when or how it can be used. Typically there are numerous objections filed by individuals and the state in this type of action, which stretches to over two years the time before the case actually goes to court.

Sperling recommended that interested citizens acquire the Colorado Foundation for Water Education booklet called Citizens Guide to Colorado Water Law, by Justice Gregory J. Hobbs Jr., at https://cfwe.org/EducationalProducts/ss/ListCatalog.asp.

Resident Richard Allen asked Sperling, "How can we legally augment the lake on a continuous long-term basis and keep it a viable, beautiful, pristine centerpiece?" Sperling said the town had to file for a new right or an augmentation plan. The biggest expense would be for augmentation water from Monument Creek.

Resident Judy Herrington asked Sperling’s opinion of using well water instead of surface water augmentation for refilling the lake. Sperling didn’t answer that question directly, but said the town would have to go to court to obtain new junior storage rights if it wanted to avoid using well water as is currently being done. She added that refilling with surface water would cost even more than using limited underground water.

Awake the Lake Committee member Jeff Hulsmann said that the committee had met with the Colorado Water Conservation Board to inquire about an offer they had received for a donation from a senior water right owner. Sperling said there is a state precedent for one-time donations of water that has been decreed for other purposes being temporarily redirected to public uses in Boulder. However, the water rights for the water donated to Boulder were very senior, dating from 1860 to 1865, which helped reduce the number of objections from less senior owners of water rights.

Hulsmann also asked Sperling about the committee purchasing some water rights from around 1900. She said that this sale would still require going to court to "change the use" and show that the sale would not change or damage the rights of others. When a right is moved upstream, the amount of water that can be used is usually reduced, she added; the farther the right is moved, the sharper the reduction.

Gaddis and Sperling said that if the town and the citizen committee worked together on the purchase, it might create a conflict of interest and Sperling could not represent both. Gaddis then recommended that McDonald and Cornell meet with Hulsmann and Sperling after the council meeting in the town office building to discuss the town’s and committee’s options for purchasing and using specific types of water rights and to determine possible future courses of action for the town and the committee.

Hulsmann reported that the committee had raised $22,587.71 and that over 400 kids had a "great time" at the June 4 fishing derby. He also noted that progress is being made in the separate project to upgrade Bill Crawford Memorial Park at the north end of the lake. About 150 pavers, sold for $75 each and engraved with the donor’s name, are required to start the sidewalk that would run through the center of the memorial from the parking lot to the circular lake path. Crawford, a World War II Medal of Honor winner, was a long-time Palmer Lake resident before his death a few years ago.

Economic Development: Trustee Gary Coleman said that the coal train railroad line through town would eventually become available for commuter passenger trains if new dedicated north-south freight rails are built to the east of Black Forest. The town may wish to consider investing $10,000 per year to be competitive for construction of a station stop. He also noted that the last opportunity for citizens to comment about the policy on lighting the town star on Sundance Mountain would be at a Town Hall meeting at 7 p.m. on June 16.

Water: Trustee Chuck Cornell reported that 5.4 million gallons of water had been pumped into Palmer Lake (about 16 acre-feet). The town is pumping about 400,000 gallons per day, and 250,000 of those are used by the town for its water system, with the rest going into the lake.

Parks and Recreation: Trustee Trish Flake noted that the Columbine Festival would be held on June 9, along with the pancake breakfast for the Palmer Lake Volunteer Fire Department. The board unanimously approved a motion to waive the standard peddler’s fee for those participating in the town’s July 4th festivities. Events include music, kids games, a fireworks technology display, and concessions at the baseball field 2:30 to 8:30 p.m. and the fireworks show at dusk.

Roads: Trustee Max Parker reported continuing progress on Highway 105 and the use of recycled shaved asphalt.

Fire: Trustee Brent Sumner advised trustees that they could attend a special evening session of the Fire and Rescue International Conference at the Colorado Convention Center in Denver on Aug. 11. He also announced that he had taken a new job in Golden, so his seat on the council will need to be filled after he moves.

Police: Trustee Trudy Finan read a memo from Police Chief Dale Smith asking Gaddis to draft an emergency ordinance regarding motorized toy vehicles and stand-up scooters to correspond to a new state law. The trustees agreed, and Gaddis said he would present a draft ordinance at the next council meeting. Currently, there is no ordinance prohibiting these vehicles on town streets.

Mayor Nikki McDonald suggested that the town’s meeting rules should be printed on the back of meeting agendas to simplify following procedures and recording the meetings.

A vacation and replat request from Ethel Engel and Joan Lavelett was unanimously approved, which vacates the lot lines for historic long and narrow residential lots 7-14, 85, and 86, east of High Street between Middle and Lower Glenway and creates four rectangular lots.

A vacation and replat request from John and Susan Cressman was unanimously approved, which vacates the lot lines for 11-acre lot 2 and creates four residential lots on the southeast corner of Forest View Heights Filing 2 by Red Rocks Ranch Road. It also rezones them from Residential Agricultural (RA) to Residential Estate (RIE) zoning. The Cressmans asked for and received "vested rights" that prevent the town from changing the zoning at a future date before the parcel is actually developed.

The meeting adjourned at 8:30 p.m. The next meeting will be held on July 14 at 7 p.m. in Town Hall, 28 Valley Crescent. Regular council meetings are normally held on the second Thursday of the month.

On June 6, the Monument Board of Trustees (BOT) unanimously approved the draft intergovernmental agreement (IGA) that Mayor Byron Glenn negotiated with Colorado Springs Utilities (CSU) that will enable the town to refill Monument Lake. The town will purchase excess effluent from Donala Water and Sanitation District and Triview Metropolitan District that is released from the Upper Monument Creek Regional Wastewater Treatment Facility into Monument Creek below the recently refurbished Monument Lake dam. This excess effluent will substitute for the amount of CSU-owned creek water used to refill the lake.

After an executive session at the end of the meeting, the board announced that the interim promotion of Cathy Green from town planner to town manager had been made permanent, contingent on legal approval of the wording of the contract by attorneys for both sides.

Trustees Dave Mertz and Frank Orten were absent.

The Colorado Springs City Council approved Monument’s request to store water in Monument Lake on May 24. CSU has not allowed a purchase in the past few years due to drought conditions. The state has approved Monument’s plan for the repair and refilling of the lake.

The IGA supplements a 1998 agreement that allows Monument to buy excess water from CSU. Details of the IGA include:

Monument will continue to seek a legal right of its own to store water in the lake.

Police Chief Jake Shirk requested that security be tightened when court is in session at Town Hall to match that of other buildings with courtrooms in El Paso County. Specific changes include locking the front door and requiring all those who seek access to Town Hall for administrative or court business to use the side door and undergo a security check, including a metal check with a detection wand. As has become standard at airports and other venues, keys and coins will be placed in a small basket, and objects that could be used as a weapon will be prohibited.

Shirk noted that the new process will likely create some initial embarrassing moments for Town Hall visitors, until everyone adjusts to the new procedures that call for searches of everyone entering the building. Shirk added, "Don’t bring this stuff to court or you’ll get arrested."

One day a month, signs will be posted at both doors once the procedures go into effect. The board approved Shirk’s request unanimously.

Tom Kassawara, director of Development Services, recommended that the board provide two general comments to the El Paso County Planning Commission in response to its request for comments.

Brookmoor Estates is a county residential community on the south side of Lake Woodmoor Drive at Moveen Drive, about one-quarter mile northeast of the Highway 105 and Woodmoor Drive intersection. Though not within Monument’s irregularly shaped town boundaries, the development does lie within the Tri-Lakes Planning Area. The area to be developed extends south and east from 30 existing homes in the first two filings. The county originally approved the development plan in 1998.

Filing 3 is zoned PUD by the county and is the final phase of development by Mountain Desert Investments, The application to the county consolidates the original Filings 3, 4,and 5 into a single filing consisting of 29 single-family lots in a 16.69-acre area. About half of the filing is not suitable for construction, resulting in single-family home lots that average about 8,000 square feet.

Kassawara’s concerns, to be forwarded to the county planning commission, were approved unanimously:

Public Works Superintendent Tom Wall proposed a prioritized list of street improvements that could be completed within the 2005 budget of $208,000 in the town’s Highway User’s Trust Fund. The board unanimously approved the following improvements, with the condition that they should be completed by mid-November:

The town engineer will solicit bids, coordinate project completion with the Town Streets Foreman, and administer the winning contract.

Mayor Byron Glenn asked why the plan was just being proposed. Wall said that the amount of money in the fund was approved at the end of the 2005 budget cycle. Glenn asked Wall to coordinate with the El Paso County Department of Transportation to "check on who does what."

After some questions by trustees, the board unanimously approved the Monument Congregation’s request to rezone all three of its "old downtown" lots from historic downtown R-2 (medium density residential) to revised downtown C-1 (general commercial). The congregation’s proposal would bring them into compliance with the recommendations for the area in the town’s comprehensive plan and would match the commercial zoning of nearby properties.

The congregation’s parcel consists of lots 1, 2, and 3 of Block 11 in Town Addition 1. The proposed replat would vacate the historic residential lot lines and makes it a single commercial lot.

The Kingdom Hall (church) and parking lot were built in 1985. Lot 3, to the south of the parking lot is vacant. The congregation has no current plans for expansion or changing the current building and parking lot configuration.

Glenn expressed concern that the church was next to lots that would still be zoned residential area on Adams Street. Kassawara observed that the church had been there for 20 years and the use was permitted by the town, but a buffer area could be required if the use of the three lots actually changed at some point. Glenn asked, "What if a convenience store replaces the church?" Kassawara said the parcel was too small to generate significant customer traffic.

Trustee Gail Drumm said it would be better not to change the zoning. Trustee George Brown asked why the board would want to stop the rezoning of the downtown area to comply with the comprehensive plan. Kassawara noted that the town would still have site plan approval authority if the use of the lot changes.

Although he had no comments to make during the public hearing, commercial property owner John Dominowski asked to comment after a motion was made and seconded to approve the rezoning. He said, "This is exactly what should happen" and "businesses are next to residential all throughout downtown." Many downtown businesses are in older converted homes interspersed between residences.

Owners Ken Barber, Beverly B. Miller, and Uwe Schmidt have formally asked the town to annex their 30-acre parcel on the southeast corner of Baptist Road and Jackson Creek Parkway. Kassawara recommended that the board direct him to refer the application to the town’s Planning Commission for review and recommendations, as required by statute, to initiate the town’s response to the request.

This parcel had been the first proposed site for a Wal-Mart Supercenter, which the El Paso County Planning Commission and the Board of County Commissioners rejected in 2004.

The request is being initiated by the parcel owners even though a preliminary sketch of the planned development had not yet been submitted. In most recent town annexations, a completed final development plan has been simultaneously approved.

Brown asked if the board could deny the request now. Green said it would not be a good idea because it would deny the applicant’s due process. Brown asked if Green could tell the applicants that "we’re against it." Town Attorney Gary Shupp said "No." Green added that there was no specific rezoning request yet. Shupp said that the town should consider requiring planned commercial zoning.

Several trustees expressed their reluctance to approve a motion to refer the annexation request to the Planning Commission unless there was a specific development and rezoning proposal for the property. However, the board unanimously approved Kassawara’s referral request

After two trustees initially disagreed about the priority of the project, the board unanimously approved a request by the Historic Monument Merchants Association (HMMA) for a town Community Development Fund grant of $22,500 to build new irrigated flowerbeds and gardens in four downtown locations and to install new park signs. The grant will pay for materials only, and HMMA will provide the labor from its member businesses and interested volunteer citizens. The remaining fund balance for the rest of the year is $11,323.

Trustees George Brown and Gail Drumm initially said the town should use the funds for the previously proposed band shell for Limbach Park that has been put on hold. Trustee Tommie Plank stated that HMMA had already set aside another $20,000 for band shell construction. Brown said, "I doubt that." Plank countered that project manager Woody Woodworth had made the original grant request to the town’s Parks and Landscape Committee and BOT during the 2005 budget preparation cycle. The grant was approved unanimously.

Dominowski said that the Fort Carson civil engineering unit that had offered to voluntarily build the shell had been deployed to the Middle East for a year and had not finalized the design and construction. After the unanimous approval, Brown said, "No more flowers."

The grant work will be split into two phases. The first phase ($16,875) will begin immediately and include projects in Limbach Park, Lavelett Park, and the Third Street historic Monument Archway. The second phase ($5,625), will be delayed until after the sidewalk, curb, and gutter street improvements around the water facility on Beacon Lite Road and Second Street are completed.

Volunteers can sign up in person with project director Woody Woodworth at his High Country Store, 243 Washington St., by phone at 481-3477, or by e-mail at woody@homebrewwine.com.)

The BOT unanimously approved the following payments:

Smith reported that most areas of town finances are better than planned through the end of April. She told the board she is still learning how to collect and report sales tax information from former treasurer Judy Skrzypek and will provide this missing data next month. The board unanimously accepted her 50-page report.

The board unanimously approved liquor license renewals for the 7-11 and Broiler Room restaurant and a permanent liquor license for the new owners of the Cork ‘N Bottle, all on Highway 105. The board also unanimously approved a liquor license for the modifications to the patio of the La Casa Fiesta restaurant on Front Street.

Smith then reported on her May 16 meeting with legislative expert attorney Thomas Peltz of the Kutak Rock legal firm. He provided a number of tentative but incomplete answers to her questions about whether he could provide useful legal advice on how to word a town ballot initiative for November.

The board had sought his advice on whether revenue that was approved in a previous town ballot solely for the water enterprise fund could be diverted to other town capital improvements, such as paying for a lease-purchase agreement for new police department and courtroom buildings.

After the unanswered questions in her memorandum to the board were discussed, the board decided to postpone making a final decision until the regular June 20 meeting on whether to have Peltz attend a special workshop meeting on June 27. The purpose of the delay was to allow time to explore the additional questions that have been raised.

Glenn reported that the town staff was doing an outstanding job in adjusting to leadership and organizational changes. He singled out Green, Kassawara, and Shirk for their enthusiasm and quality of work, and Deputy Town Clerk Irene Walters for the additional duties she had taken on since Skrzypek’s departure. The trustees unanimously thanked all the staff members.

The board went into executive session at 7:32 p.m. to discuss Green’s promotion.

Below: On June 20, Gov Vaughn, Parade Chairman for Monument Hill Sertoma, requested the Monument Board of Trustees pass a resolution authorizing the temporary closing of the July 4th parade route from 8:30 a.m. to 12 noon.

Seated at the front table, left to right, are Trustees Tommie Plank, Scott Meszaros, Gail Drumm, Dave Mertz, George Brown, Frank Orten, Mayor Byron Glenn, Town Attorney Gary Shupp, Town Manager Cathy Green, Deputy Town Clerk Irene Walters.

In order to make the parade even safer, Vaughn said that throwing candy from parade vehicles and the use of high-volume "supersoakers" and water cannons would be vigorously discouraged to assure that everyone has a safe and enjoyable time at "the biggest parade of any small town in Colorado."

Zoom in

At its June 6 meeting, the Board of Trustees (BOT) approved a Community Development Fund Grant requested by the Historic Monument Merchants Association (HMMA) for new landscaping and signs at town parks, town buildings, and the Third Street arch. At the June 20 meeting, Trustees George Brown and Gail Drumm attempted to overturn this decision and the board’s previous budgeting decision to include this grant in the 2005 budget. They claimed that the money would be better spent on improvements at Monument Lake and a band shell in Limbach Park.

Mayor Byron Glenn announced a new standard agenda item for BOT meetings called Trustee Comments. This item will follow approval of the agenda and previous meeting’s minutes and come before Public Comments (which also precedes all BOT business). Glenn said a trustee may speak on issues that are not part of the regular agenda.

Glenn solicited more citizen input and participation and thanked several volunteers for their contributions:

Tri-Lakes Chamber of Commerce Executive Director Steve Spry requested a resolution authorizing the temporary closing of a portion of Second Street, from Front Street to Jefferson Street, and a half-block of Washington Street, north of Second Street, from 6 a.m. to 4 p.m. to conduct the July 4th holiday street fair. In addition to all the regular vendors, the Chamber hopes to have antique cars on display again.

Trustee Tommie Plank asked that Spry notify all vendors of their sales tax collection obligation and that Spry facilitate the revenue collection and remittance for interim Treasurer Pamela Smith. Plank added that the procedure should be similar to that for the Saturday farmers’ market sales tax collections. Green noted that the Chamber would forward the collected sales tax to the state, and then they would be forwarded to Smith. The board unanimously approved Resolution 11-2005 authorizing the street closure.

Gov Vaughn, parade chairman for Monument Hill Sertoma, requested a resolution authorizing the temporary closing of the July 4th parade route from 8:30 a.m. to noon. The board unanimously approved Resolution 12-2005

The 100 participant groups will line up on Old Denver Highway, Santa Fe Road, and the south end of Jefferson Street for judging starting at 8:30 a.m. The Children’s Parade will begin at 9:30 a.m. from First Street and Jefferson; the route runs north on Jefferson, then east on Third Street, and south on Beacon Lite to Second Street. The main parade starts at 10 a.m. from Lincoln and Jefferson; the route runs west on Lincoln, then north on Front Street, east on Third Street, and south on Beacon Lite to Second Street.

Vaughn asked the trustees to participate in the parade, noting he would provide a convertible for them to ride in. In order to make the parade safer, Vaughn said that throwing candy from parade vehicles and the use of high-volume "supersoakers" and water cannons would be vigorously discouraged. All drivers would be licensed and insured, he added. Vaughn said that he had coordinated with the police, sheriff, and county for traffic control and use of Old Denver Highway. He also noted that the event is known as "the biggest small town parade in Colorado."

The board unanimously approved the referral of an annexation petition from developer Pat Marshall of Landco for the 78-acre parcel between Kingswood and the Heights at Jackson Creek and north of the previously annexed 39-acre parcel on the north side of the intersection of Baptist Road and Gleneagle Drive. The rectangular Promontory Pointe parcel totals 117 acres. State statutes require that the town’s annexation hearing, negotiation, and decision cycle must be completed within 60 days, per state statute. The first Planning Commission annexation hearing on this application, rather than this formal referral vote, will initiate the 60-day review period.

Brown asked, "Can we say no?" Green said that would not be giving the applicant due process on the annexation petition. Mertz confirmed there had been no change from the pre-application presentation that indicated it would be completely residential development. Drumm asked if the developer would be required to contribute to the widening of Baptist Road and to early construction of the I-25 Exit 158 improvements. Green said these two funding issues could be made a condition of annexation if the board chose to do so.

The Triview Metropolitan District requested that the BOT approve an agreement that enables the town to collect cost recovery plus interest from any property owner who develops along certain roadways that were constructed by Triview. The money is to be collected when a permit is issued by the town and is to be passed on to Triview. The agreement would expire after 15 years, and there is no cost to the town.

Green said this kind of agreement is common and is being initiated by Triview due to a dispute it is having with a Jackson Creek developer. Glenn asked if the agreement really was for cost recovery or if it would implement a double payment, and if it was legal. Town Attorney Gary Shupp said the proposed agreement was not part of the district’s service or bonding plan. The town would be obliged to pay collection costs if the payments were not made promptly.

Shupp recommended tabling the request; the board unanimously agreed to deny the request. Glenn said he would invite a representative of Triview to attend a future BOT meeting to provide additional information and answer trustee and staff questions, should the district wish to renew its request.

Interim Treasurer Pamela Smith did not receive sales tax information that the board had requested. She will present the information on July 5. The board unanimously approved Smith’s request to make a payment of $40,508.71 to Triview for its share of town motor vehicle and general sales tax revenue collected by the state.

Brown attempted to gain support for withdrawal of the Community Development Fund grant of $22,500 to HMMA for landscaping that was approved unanimously by the board on June 6. The grant pays for landscaping materials including plants, rock, gravel, timber, irrigation equipment, electrical wiring, and new signs. All labor on the project would be donated by HMMA employees and citizen volunteers.

Brown said, "I was wrong in approving this." He said he had not determined how these improvements fit in to the town’s parks, trails, and open space master plan. He said a better use of the money would be to improve the pavilions next to Ernie Biggs’ Lake of the Rockies Campground to complement Biggs’ promotional stocking of the lake with 2,000 pounds of large trout. He said the pavilions were unusable. He added the lakeshore by the campground was at least as important a draw for people outside of town as Limbach Park. Drumm concurred.

Brown then said he would need to see an overall development plan for Limbach Park improvements from Dominowski’s volunteer committee that would include currently unfunded restrooms and food concession stands in addition to the band shell that HMMA has set aside $20,000 to build. Brown said the town’s Public Works Department could not provide the 90 hours of labor required to install the electrical and irrigation components as evidenced by their inability to mow any of the town’s parks or maintain any of the landscaping around town buildings and infrastructure. He concluded by saying the parks and the playgrounds are "a disaster" and "flowers won’t bring people to downtown."

Drumm said that HMMA had not solicited donations of landscaping materials from Home Depot or Foxworth-Galbraith and the board had no way to verify that HMMA businesses were really providing landscaping materials at cost or if other suppliers would have a lower cost. He said the "lake is not exciting" and "it’s too late for flowers."

Trustee Scott Meszaros said that the grant was already approved. Plank said that the board had approved a new Public Works employee for the full year whose sole responsibility was park maintenance. Brown interjected that all Public Works employees had been redirected to provide labor for construction of the department’s new Jefferson Street garage that is significantly behind schedule due to foundation and material delays. He added that the lake was a higher priority than a project whose sole objective is to help downtown retailers.

Plank asked if she could continue her initial remarks then respond to Brown’s questions but he continued to interrupt each of her attempts to speak. Then Dominowski also interrupted Plank, without being recognized by Glenn, noting that he was in charge of the band shell project. He acknowledged the Fort Carson military civil engineering team that had volunteered to build the shell had just started a one-year deployment to Iraq. However, he said, he thought he might have plans completed soon, but did not offer dates for planning or construction completion. No town funds have been approved for band shell construction. Dominowski also expressed his concern about revoking any unanimously approved community development grant. He said he would "hate to see you pull out of it after you’ve approved it" because "a lot of people have worked very hard on it and I’d hate to see a trend in that regard."

Glenn said he was not sure that they should landscape the "Historic Monument" arch by the post office or even leave it in place after access to Third Street is limited to right-in/right-out only from the southbound lane of Highway 105. He added, "Instead of scattering the money all over, let’s focus on a specific plan and get it done."

Green confirmed that there are significant time management and periodic equipment issues in Public Works that have not been addressed recently. After further discussion, Plank was able to say she would schedule a meeting between trustees and members of HMMA to discuss long-term development. No action was taken on the grant to HMMA.

On June 13, Tom Wall submitted his "Notice of Resignation" effective June 24. He had informed the board six weeks earlier that he would resign when his house had sold. Wall plans to retire and move out of state. A luncheon was held for him in Town Hall on June 21. The town had already initiated a search for his replacement and had received 12 applications.

Green’s proposal to initiate the code enforcement program regarding residential weeds and junked cars was deferred. The board had previously approved her suggestion to use a summer intern for enforcement. Green also noted that residents incorrectly believe they are not responsible for maintaining the landscaping between their sidewalks and their curbs.

Brown said that the town could not ask homeowners to cut their lawns when the town was not mowing its property. Shirk said that code enforcement by police professionals is not appropriate and that negotiations about cutting down weeds should be handled by civilian employees.

Deputy Town Clerk Irene Walters said that Triview Metropolitan District Manager Ron Simpson did not want his district to participate in the town’s code enforcement program because he does not believe there are significant code problems in Jackson Creek. Brown reiterated that the town should not start the program until all town property was mowed, weeded, and trimmed. He concluded his objection to starting an enforcement program by saying, "That’s just ridiculous."

A motion to mail an "An Advisory to Monument Residents" to give initial notification that town enforcement of the code would begin soon passed 5-2, with Brown and Drumm voting no. Glenn said he would discuss the matter with Simpson to gain Triview’s support.

Shirk informed the board that the police station subcommittee had interviewed three architects and qualified two of them, DLR and Barnes, for further consideration to design new police station and courthouse buildings. The architects will be asked to perform a program assessment review to analyze the subcommittee’s preliminary recommendations on size and design of the interconnected buildings. Shirk said he may be able to present a final recommendation in July on which architect to select.

The board agreed to hold a special meeting on June 27 at 6:30 p.m. to receive legal advice from an attorney who specializes in ballot issues on how best to finance the new buildings.

The board unanimously approved a revised job description for a full-time town clerk position. Currently, there is no town clerk, but state statute requires the town to appoint one. The position will be advertised and filled in time for upcoming election certification requirements.

Glenn reported that every improvement in northern El Paso County had been dropped from the Pikes Peak Area Council of Government recommendation list for Referendum C and D of the November ballot initiative in order to fund bridge and road improvements into Fort Carson. Glenn also noted that the pace of new construction and development continues to be high in the county.

Drumm said the town needs to develop a plan to secure a commuter train station and parking in the downtown area for the conversion of the coal train lines to passenger service in the next decade. He said this would have a "huge impact on the area" even though there are "some negatives" associated with a rail station. He added, "No stop, no growth." Glenn noted that the Baptist Road Rural Transportation Authority is responsible for building the new Baptist Road bridge over the railroad tracks to facilitate traffic flow when Forest Lakes residential construction nears completion.

The meeting went into executive session at 8:10 p.m. to receive advice from Shupp on pending litigation. The meeting was adjourned at 8:30 p.m.; there were no announcements about the executive session. The next meeting will be held on Tuesday, July 5 at 6:30 p.m. in Town Hall, 166 Second St. Meetings are normally held the first and third Monday of the month.