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Articles from Vol 24 No. 2 - February 3, 2024

Palmer Lake Board of Trustees, Jan. 11 and 25 – Ben Lomand annexation considered; TLCA closed to the public

By James Howald and Jackie Burhans

At its meeting on Jan. 25, the Palmer Lake Board of Trustees (PLBOT) held a public hearing to consider three land use issues. Of the three, the eligibility of the Ben Lomand property owned by the United Congregational Church for annexation by the town was the most contentious. At the same meeting the board continued its discussion of the conditional use permit it had granted to The Movement Church to use the Tri-Lakes Center for the Arts TLCA) building as a church.

The board also addressed a request to vacate a town right of way (ROW) on Petite Avenue. After some discussion, the board tabled a resolution concerning the memo of understanding (MOU) with Awake the Lake (ATL) regarding the proposed pickleball courts. The policy for public comments was also updated at this meeting.

At the board’s first meeting of 2024, held on Jan. 11, the board held a public hearing on a conditional use permit for a new business. It also voted on several resolutions appointing volunteers to commissions and boards.

Both meetings ended with executive sessions.

Board assesses eligibility for annexation

Mayor Pro Tem Dennis Stern opened the public hearing to consider a petition from the United Congregational Church to the town requesting annexation of 181.5 acres of land the church owns. The land in question is south of County Line Road, west of Indi Drive, and north of Capella Drive and is currently part of unincorporated El Paso County. The land is part of a larger property owned by the church, 163 acres of which are already part of the town. Stern said the applicant for annexation would speak first and then the public could comment. After public comments, the applicant would make a closing statement. Stern stressed the hearing was to assess eligibility only and other issues would be addressed later in the process.

Dan Madison, a civil engineer with Manheart Consulting, represented the church. His petition, included in the packet for the meeting, argued the property was eligible for annexation because:

  • More than 1/6th of the perimeter is contiguous to the town.
  • There is a community of interest with the town.
  • The land is rural and capable of being integrated with the town.
  • The annexation will not change any school district.
  • The land will not be divided without the consent of the owner.

Scott Krob, the town attorney, said the annexation process has three steps:

  • Filing a petition with a map, which has been done.
  • A determination of eligibility.
  • The annexation itself, which must be consented to by both sides.

Krob said the public hearing was part of the second step in the annexation process. He reviewed the criteria for eligibility detailed in the church’s petition.

Krob explained the consideration of eligibility would not be completed at the board meeting because the town was required to write an annexation impact report examining water, sewer, and electrical service, among other issues, and to submit that report to the county. The report was in progress and would go to the county in a few days, he said.

Krob said the public hearing would remain open until Feb. 2, allowing the county time to review the impact report.

Stern opened the public comment portion of the hearing. Resident Roger Mosely said the hearing did not meet requirements because the county had only had 22 days’ notice, not the 25 days required by statute. He went on to argue the property was not eligible for annexation because the town’s master plan was inadequate, the impact report had not been submitted, and the area to be annexed must be urban.

Resident Martha Brodzik said the town needed to consider the financial impact of annexation. Johan Moum said he was afraid the developer would change the nature of the development at some later time. Krob said issues of zoning could not be considered until after the annexation was complete.

Meggan Herington, the county Planning and Community Development director, said the Board of County Commissioners had received notice of the proposed annexation in early January and had asked her to tell the town what should be included in the impact report. She said she had sent the town a letter and asked that traffic and drainage studies be done, and that protection of Ben Lomand and existing trails should be considered. She said the commissioners would schedule a meeting quickly after receiving the impact report.

Residents made comments including:

  • That fire prevention costs be considered.
  • That residents should have input into the annexation impact report.
  • That the town would be better stewards than the county.
  • That the proposed development might lead to current residents needing to redrill their wells.
  • That 5-acre lots would be better than the 2.5-acre lots the Palmer Lake Planning Commission had approved.
  • That the presence of Native American artifacts in the land to be annexed should be considered.
  • That the draft of the annexation agreement had issues about the compliance of accessory dwelling units with code.

Trustee Jessica Farr said the discussion about annexation had been going on for years and if the land was not annexed the town would still be obligated to provide police and fire service to any residents due to the principal of mutual aid, but all tax revenue would go to the county, so the town would not be reimbursed.

Trustee Shana Ball said she supported the annexation because it gave the town control.

In his closing statement, Madison said he believed the eligibility requirements had been met and residents’ concerns would be addressed in the later steps of the development process. He said traffic, water availability, drainage, and environmental concerns would be handled in due course, and that the applicant had no intention to change the project as it proceeded through the development process.

Later in the meeting, the board voted to wait until its next meeting on Feb. 8 to vote on Resolution 13-2024, which would determine the Ben Lomand property’s eligibility for annexation.

Board closes TLCA to public

At the Jan. 25 meeting, Town Administrator Dawn Collins reviewed the background of the conditional use permit granted to The Movement Church to use the TLCA building as a church.

At its Dec. 14 meeting, the board granted The Movement Church a conditional use permit to use the TLCA building for church services. The Planning Commission had previously approved that use on a three-to-two vote with the requirement to complete inspections by the Fire Department and Pikes Peak Regional Building Department (PPRBD) and to resolve any violations. Collins said the PPRBD can’t complete its inspection without accurate plans, and the plans submitted included residential living accommodations. Residential living was never approved for the building. In addition, the fire inspection was incomplete because the fire chief had not been allowed access to some parts of the building.

Collins said the Fire Department had concluded the building was not safe and should not be open to the public, the town staff believed no one should be living there and she asked the board for guidance.

Fire Chief John Vincent said the only Certificate of Occupancy (CO) he could find was out of date and was approved in 1999 when the building was a garage. He said he had been asking the owner of the building for information since 2021 without any response and had been denied access to some of the building during his inspection. He recommended closure until the required information was provided.

John Cressman, speaking on behalf of The Movement Church, asked for more time to resolve outstanding issues. He said he had presented plans he had received from TLCA at a recent virtual meeting with town staff. The church was working hard to fix problems and many buildings had changed without updating their CO, Cressman said. In response to a question from Stern, Cressman said he did not know when accurate plans would be available.

Ball said she wanted to support the work that was being done but she had a concern about inadequate egress if there is a fire.

Krob summed up the situation by saying the building had no CO and a recommendation from the fire chief that it should be closed. The town could be liable. Krob recommended the town follow the recommendation of the fire chief.

Trustee Samantha Padgett made a motion to close the TLCA building to the public until the current issues were rectified. Krob clarified that the owner would need to obtain a CO and pass a fire inspection. The motion to close the building passed, with Trustees Ball, Nick Erhardt, and Padgett voting in favor and Stern and Trustee Jessica Farr voting no. Trustee Kevin Dreher and Mayor Glant Havenar were absent from the meeting.

Above: At its Jan. 25 meeting, the Palmer Lake Board of Trustees closed the Tri-Lakes Center for the Arts (TLCA) to the public due to fire safety concerns. In December, the board granted a conditional use permit to TLCA to allow the newly formed Movement Church to use the building for periodic church services. The conditions imposed by the Palmer Lake Planning Commission at its November meeting were that TLCA must complete inspections by the Palmer Lake Fire Department (PLFD) and by the Pikes Peak Regional Department (PPRBD) and address any issues that came up during those inspections. Palmer Lake Fire Chief John Vincent said that he had done a partial inspection and had some fire safety concerns but that he had been denied access to a portion of the building. He also said the PPRBD was unable to complete an inspection because it did not have current plans for the building, which had been substantially changed since it last had a certificate of occupancy in 1999. The board voted 3-2 to close TLCA until the issues were resolved. Photo by Jackie Burhans.

Request for vacation of ROW denied

During the public hearing at the Jan. 25 meeting, the board considered a request to vacate a town ROW on Petite Avenue. In his application to vacate, resident Brad Akers asked the town to eliminate Petite Avenue completely and to change the address of his house to an address on Verano Avenue. His application argued Petite Avenue is too steep to ever be developed as a road.

At the hearing, Akers said he thought his request complied with the town’s master plan.

Jim Brinkman, a surveyor working for David Sanchez, who owns property adjacent to Akers’, opposed the vacation until all options for access to Sanchez’s property were investigated. Claudia Beltran, another of Akers’ neighbors, spoke in favor of the vacation.

Collins pointed out the Planning Commission had voted against approval of the vacation. Krob said the town was under no obligation to give up the right of way and said the town should consider if the right of way could be of use in the future. A vacation would mean the town’s property would be gone forever.

The board voted unanimously to deny the request to vacate.

Liability issue complicates MOU

Krob told the board that the MOU between the town and ATL would need to address the liability questions arising from the presence of a town water line under the pickleball courts that ATL proposed to build. The MOU drafted by the town staff asks ATL to provide $20,000 to be placed in the Water Fund to cover the costs of any repairs needed to the water line. Collins said the intent was to release ATL from any further liability if repairs were needed in the future.

Farr and Ball questioned whether $20,000 was enough to cover potential repairs, and Ehrhardt asked for some insight into the amount from an engineer.

Stern proposed tabling the MOU discussion so that more information could be gathered, and the board voted to do so.

Public comment policy updated

Krob related to the board an incident at a board meeting in Wheat Ridge when a participant in a virtual meeting, using an assumed name, made a series of antisemitic and racist public comments. That prompted Krob to update Palmer Lake’s policy on public comments to prevent a similar misuse of the public comment portion of board meetings by adding that comments on items not on the agenda must be made in person or by email 24 hours before the meeting.

The town’s policy on public comments includes:

  • A speaker must be recognized by the mayor before speaking and should state their name and address for the record.
  • Comments must be addressed to the board as a whole and not to individual staff members.
  • Each speaker is limited to three minutes and can only speak once per agenda item.
  • The mayor has the discretion to limit the time or number of speakers on an agenda item and can require a speaker to leave the meeting if they do not observe decorum.
  • The mayor may call for a recess if lack of decorum interferes with the orderly conduct of the meeting.
  • The complete policy can be found in the board packet here: mccmeetings.blob.core.usgovcloudapi.net/palmerlake-pubu/MEET-Packet-a147a276fa7549728d977d0b2e8cb86d.pdf.

Mosely objected to the three-minute limit on public comments. Stern pointed out that the mayor had discretion to permit longer comments if necessary.

The board voted unanimously in favor of Resolution 12-2024, which adopts the updated policy.

Conditional use granted for Slap Shot Hockey

At the Jan. 11 meeting, a public hearing was held on a request from Nicole Tahmindjis for a conditional use in a C2 zone. Tahmindjis said she intended to open Slap Shot Hockey Lanes at 870-872 Highway 105. The business would provide a location for hockey players to do dryland training and practice shooting pucks using lanes that would return the pucks to the shooter, measure the speed of the shots and include special effects.

There were no comments from the public. Krob said Tahmindjis had met all requirements for the permit and the board voted unanimously to approve it.

Board and commission appointments

The board approved a set of resolutions at the Jan. 11 meeting that re-appointed volunteers to board and commissions:

  • Resolution 3-2024, which re-appoints Susan Miner, Lindsey Zapalac, and Tim Caves to the Planning Commission.
  • Resolution 4-2024, which re-appoints Reid Wiecks, Cindy Powell, Kevin Magner, and Garcia Woods to the Parks and Trails Commission.
  • Resolution 5-2024, which re-appoints Havenar to represent the town on the Pikes Peak Area Council of Governments.
  • Resolution 6-2024, which re-appoints Bob Miner, Eddie Kinney, and Kevin Dreher to the Board of Adjustments.

The board also voted in favor of resolutions to retain Green & Associates as the town’s auditor and to authorize the Parks and Trails Commission to continue its work on the Elephant Rock trail.

Executive sessions

The Jan. 11 meeting ended with an executive session for the board to receive legal advice concerning public comments and hate speech.

The Jan. 25 meeting ended with an executive session to determine negotiation strategies for the sale of town property and to receive legal advice concerning a Police Department complaint.

No actions were taken following either executive session.

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The next regular board meetings are scheduled for Feb. 8 and 22. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

James Howald can be reached at jameshowald@ocn.me.

Jackie Burhans can be reached at jackieburhans@ocn.me.

Other Palmer Lake Board of Trustees articles

Monument Town Council, Jan. 2 and 16 – “It’s hard to do business here,” developers claim before moratorium approval

By Chris Jeub

The Monument Town Council (MTC) convened for its first meeting of the year on Jan. 2, addressing various topics including the ArtSites Program, new ordinances, a major Planned Unit Development (PUD) amendment, and property tax mill levy scenarios. The second meeting commenced on Jan. 16 with a contentious debate with developers over a proposed moratorium on new applications for development, a moratorium that passed unanimously.

ArtSites program presentation

Madeline VanDenHoek from the ArtSites Committee presented an update on the town’s ArtSites program. The program, managed by Parks and Trails Planner and Program Manager Cassie Olgren, currently boasts 25 sites with 14 rotating sculptures, six permanent sculptures, and five murals. VanDenHoek highlighted the program’s growth in 2023, with an increased budget of $19,760 for 2024. The town aims to expand the program further and is seeking additional committees to contribute to its development.

Residents can explore the ArtSites using the Otocast app. More information can be found on the town’s website at www.townofmonument.org/582/ArtSites.

Ordinance approval and Council District Advisory Commission

The council discussed and approved two ordinances during the meeting. Ordinance No. 25-2023 established the Council District Advisory Commission, while Ordinance No. 01-2024 adopted Chapter 2.60 of the Monument Municipal Code regarding standards of conduct. Mayor Pro Tem Steve King commended the level of detail in the latter ordinance, emphasizing its importance. Mayor Mitch LaKind thanked Councilmember Laura Kronick for spearheading the project. The ordinances passed unanimously, with LaKind expressing relief at fulfilling requirements from the Home Rule Charter.

Willow Springs Ranch PUD Amendment

A significant portion of the Jan. 2 meeting was dedicated to discussing Ordinance No. 03-2024, which approved a major PUD amendment for the Willow Springs Ranch Preliminary/Final PUD Site Plan. Blane Perkins, representing the applicant, explained that adjustments were made to eight lots to accommodate a Mountain View Electric Association (MVEA) easement. This led to a reduction in lot sizes below the R4 minimum of 5,000 square feet.

Councilmembers raised questions about the process, the nature of the error, and the potential for alternative solutions. During the discussion, Councilmember Jim Romanello characterized the issue as a simple mistake, while LaKind likened it to housekeeping. Councilmember Kenneth Kimple, however, inquired if there had been any consideration given to removing the houses in question. Despite the various considerations, the ordinance ultimately passed unanimously, with a consensus that the adjustment was deemed necessary for utilities and access easements.

Property tax mill levy resolution

Director of Finance Mona Hirjoi presented Resolution No. 75-2023, seeking authorization for the certification of the property tax mill levy to the El Paso County Assessor for the 2024 budget year. The council discussed various scenarios for the mill levy, with LaKind expressing a desire to lower it. Legal counsel cautioned against decreasing it too much, as subsequent increases might require voter approval. The council settled on a reduction to 5.0, with Romanello preferring 5.0 and Kimple suggesting 5.25. The resolution passed unanimously.

Zeal at Jackson Creek Final Plat discussion

The meeting concluded with a discussion of Resolution No. 04-2024, approving the final plat for Zeal at Jackson Creek. Concerns were raised about rights of way and setbacks, prompting a motion by Romanello to continue the discussion to February. Councilmembers emphasized the need to ensure proper road classification for Higby and maintain control over town-owned land.

LaKind urged thorough consideration of the road’s design, with Councilmember Steve King emphasizing compliance with town code. The resolution was tabled until February, with a unanimous vote to continue the discussion.

Moratorium divides Monument Town Council and developers

In a highly charged meeting on Dec. 16, 2023, tensions flared between the MTC and developers as they clashed over Ordinance No. 04-2024, proposing a temporary suspension of new applications under the Town of Monument Land Development Code. The ordinance, presented by MTC lawyer Bob Cole, sought a moratorium lasting until the July 15 meeting to allow the staff to restructure and hire a new planning director.

Town Manager Mike Foreman, advocating for the moratorium, underscored the increasing number of errors made in handling development cases. He emphasized the urgency of hiring a consultant to review and adjust procedures, hire a new director, and tackle the backlog of 25-30 cases that required immediate attention. LaKind expressed concern over the frequent turnover of planning directors and proposed an independent investigation to uncover the root causes.

The development community, particularly Classic Homes, expressed frustration over the moratorium. One representative criticized the town, stating, “You guys are rough on [developers].” The sentiment was that the town officials, acting as judge and jury, were playing politics and had personal agendas, making the process challenging. In response to LaKind’s suggestion that developers should not expect the town to come in blind, Classic Homes argued that written statements of opinion should not be formed before all the facts are presented.

The planning director for a Home Builders Association expressed concern over the negative message conveyed by imposing a moratorium on new developments, stating, “It’s hard to do business here.” This sentiment reflected a broader sentiment among developers who found the current environment in Monument less favorable for conducting business compared to other locations along the Front Range.

A notable exchange occurred between Foreman and Classic Homes CEO Doug Stimple. Stimple voiced strong concerns, arguing that the moratorium would jeopardize ongoing projects and lead to substantial financial losses. Foreman, in response, clarified the need for a strategic pause to rectify past mistakes and improve the town’s development processes. “I got jumped on,” Foreman claimed. Stimple responded, “If you had $20 million invested in the project, you’d like clarification, too.”

Despite attempts to address developers’ concerns, the council voted 7-0 in favor of the moratorium.

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The Monument Council usually meets at 6:30 p.m. on the first and third Mondays of each month at Monument Town Hall, 645 Beacon Lite Road. The next meetings are scheduled for Monday, Feb. 5 and 19. Call 719-884-8014 or see www.townofmonument.org for information. To see upcoming agendas and complete board packets or to download audio recordings of past meetings, see monumenttownco.minutesondemand.com and click on Town Council.

Chris Jeub can be reached at chrisjeub@ocn.me.

Other Monument Town Council articles

El Paso County Board of County Commissioners, Jan. 9, 23, 25 – Palmer Lake annexation discussed

By Helen Walklett

During January, the El Paso Board of County Commissioners (BOCC) considered an annexation notification from the Town of Palmer Lake. The commissioners also adopted the 2024 budget and reappointed their chair and vice chair for a second year.

Ben Lomand Mountain Village annexation

Notification of an annexation request from the Town of Palmer Lake was received by the commissioners at their Jan. 23 meeting. The BOCC cannot approve or deny an annexation report; it serves to notify it of the annexation request and sets out potential impacts in general terms.

The Ben Lomand Mountain Village annexation concerns 181.5 acres of RR-5-zoned land south of County Line Road, west of Indi Drive, north of the Lakeview Heights subdivision, and east of Oakdale Drive. The request to annex the land into the town is being made by the United Congregational Church and was scheduled to be heard at the Palmer Lake Board of Trustees meeting on Jan. 25. Meggan Herington, executive director, Planning and Community Development, told the commissioners that she expected the request to be continued to a later date after an hour of testimony as required by statute. See the Palmer Lake Board of Trustees meeting article at left.

The applicants intend to develop the proposed 181.5 acres along with an additional 163 acres within Palmer Lake and rezone the land to the RE Estate Zone, which allows single-family dwellings on a minimum lot size of 2.5 acres. All existing structures, including the church and youth center, would remain. The county thought the development might number 80 or so houses.

The commissioners heard that the town had not yet provided a full Annexation Impact Report and had initially requested a waiver for this from the BOCC but had later said the information would be provided. The commissioners voted unanimously to decline the waiver, meaning the matter will return to the BOCC at a later date in the interest of full transparency. The commissioners noted that the application was a major matter for Palmer Lake and directed county staff to continue to work with the town on it. Commissioner Longinos Gonzalez said his first feedback would be that he would like to see the town accept the maintenance of certain county roads and maintain access to Ben Lomand Mountain.

The matter is ongoing.

2024 budget adopted

At the Jan. 9 meeting, the commissioners voted unanimously to adopt and appropriate the $491.6 million 2024 budget. Its adoption normally takes place in December, but it was postponed due to the special legislative session that took place at the state assembly.

Commissioner Gonzalez said, “I think this budget really addresses the needs of the community and [is] a great prioritization of public safety, roads.” Commissioner Stan VanderWerf said, “I appreciate calling it the recession-proof budget because we’re not 100% sure where 2024 is going to go and we have held reserve dollars in this budget in case we have an economic downturn.”

The commissioners went on to certify the 2023 mill levy for property taxes payable in 2024. Nikki Simmons, chief financial officer, said the mill levy of 7.192 mills was significantly lower than the overall authorized mill levy of 8.46 mills due to the TABOR cap. It represents an almost 17% reduction in the county’s portion of property tax bills.

Commissioner Carrie Geitner commented, “TABOR is the hero here. I’m happy for us to pass this but I would never want to lose sight of the fact that when the entire state was scrambling and trying to figure out what to do about these increases, regardless there was always a plan in El Paso County for the El Paso-specific taxes and that’s because TABOR always does its job of limiting government growth in this situation.”

Chair and vice chair reappointed

Also at the Jan. 9 BOCC meeting, the commissioners voted 4-1 to reappoint Commissioner Cami Bremer as chair and Commissioner Carrie Geitner as vice chair. Commissioner Gonzalez, who had put himself forward as a candidate for the position of chair, was the nay vote.

Hill subdivision approved

At the Jan. 25 BOCC land use meeting, the commissioners approved an application to subdivide a Black Forest property into three residential lots. The application came to the BOCC with a recommendation for approval from the Planning Commission. See the El Paso County Planning Commission article below.

Other decisions

Jan. 9—the commissioners approved the issuance of an ambulance permit to Tri-Lakes Monument Fire Protection District dba Monument Fire District. The six-month permit runs until June 1, 2024.

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The BOCC meets weekly, and the next meeting will be at 9 a.m. Thursday, Feb. 6. The commissioners will also meet on Feb. 8 and 22 at 9 a.m. to consider land use items.

Helen Walklett can be reached at helenwalklett@ocn.me.

Other El Paso Board of County Commissioners (BOCC) articles

El Paso County Planning Commission, Jan. 4 and 18 – Black Forest subdivision recommended for approval

By Helen Walklett

The El Paso County Planning Commission (EPCPC) met twice during January and considered a minor subdivision application for a Black Forest property.

Hill minor subdivision

At the first EPCPC meeting of the year, the commissioners voted unanimously to recommend for approval a subdivision request for a Black Forest property.

The application by Douglas and Katherine Hill would see the 14.69-acre property, east of Black Forest Road and south of Hodgen Road, subdivided into three residential lots. All three lots would have access to Black Forest Road via the existing driveway which would be re-dedicated as a private road named Alpaca Heights. Because Black Forest Road is classified as a section line road, properties with frontage onto it are permitted to have a minimum lot size of 4.75 acres. The property currently has a residential home, garage, and horse stable on it, and these would remain on the proposed lot 1.

The request was heard as a consent item, meaning there was no discussion, and was then heard at the El Paso Board of County Commissioners land use meeting on Jan. 25. See BOCC article on page < 1 >.

Highway 83 access plan

The commissioners were scheduled to adopt the Highway 83 Access Control Plan at the Jan. 18 meeting. However, this was moved to the March 7 meeting at the request of staff. Details of the plan were presented to staff at the Dec. 7 meeting. See www.ocn.me/v24n1.htm?zoom_highlight=acp)

Helen Walklett can be reached at helenwalklett@ocn.me.

Other El Paso County Planning Commission (EPCPC) articles

Monument Academy School Board, Jan. 5 and 11 – Board discusses the financial risk of parental rights policy

By Jackie Burhans

Monument Academy (MA) held its regular meeting on Jan. 11 where it discussed a second attempt at its parental rights policy regarding transgender students, including the risk of being sued. MA also heard a presentation on a possible homeschool enrichment program and an executive director succession plan.

The MA school board held a special meeting on Jan. 5 to pass a time-sensitive policy on enrollment and board elections. The meeting ended in an executive session for legal advice on matters related to policy adoption and implementation and for discussions related to Title IX processes, employee performance, and student issues. No action was taken upon return from executive session.

Financial risks of parental rights policy

Board President Ryan Graham noted that the MA board heard an initial read of its Parental Rights Policy, provided feedback, and asked for a revised draft at a previous meeting. MA requested and received community input, which included approval, disapproval, and concerns. He took it upon himself to write a new draft to incorporate that feedback. The crux of the issue, he said, is that parents have the right to the control, care, and custody of a minor child wanting to transition to a gender that does not align with that assigned at birth. The new policy, he said, tries to support that position while following the laws that govern MA. Graham then proceeded to read aloud the new policy draft, which can be found in its entirety as part of the meeting highlights at www.monumentacademy.net/wp-content/uploads/2024/01/January-11-2024-Board-Highlights.pdf.

A parent spoke during public comment to support the policy creation and the previous resolution regarding parental rights and transgender students. Board Vice President Lindsay Clinton and board member Craig Carle expressed support for the policy.

Board Treasurer Joe Buczkowski asked that the legal opinion be read aloud. After reaching out to MA’s lawyer, Brad Miller, Graham read Miller’s email verbatim. After advising MA to remove the gender verbiage from the original policy title, Miller said that conventional wisdom would be to adopt the original (milder) version of the policy or no policy at all, which current political winds would support, noting that current courts would probably uphold individual students’ rights over that of parents and peers. Like Susan approaching Aslan the Lion, said Miller, a decision to adopt the new policy would not be safe, but the question is whether, like Aslan, the policy is good. Miller went on to say that, like public officials who supported masks, quarantines, distance learning, and vaccines, public officials who blithely dismissed parental rights may be seen to be wrong in future years.

Miller affirmed that there is a level of risk accompanying the new policy. There are viable legal arguments, he said, that the governing party adopted enforceable laws that mandate a charter school to acquiesce to expressions of dysphoria on the part of students, and it well may be that the law will be found to be consistent with the Constitution. Just as there have been arguments about other challenging topics such as abortion, same-sex marriage, slavery, the age of consent, and women in the military, it also may be true that courts may disagree, and it may take years to resolve. He said that the recent dialogue on financial risk was well-timed but outside of his scope, and MA may wish to continue that discussion. Miller said that now is the time for each board member to step forward and stand as representatives rather than a democracy and decide.

Buczkowski presented some concerns he has with the current draft language. These items can impact the finances of the school, he said, and the board and community need to be aware of it. The policy, he said, tries to be many things: It has elements of the proclamation, the resolution, and a sports, bathroom, and discipline policy. A policy serves as instructions to staff on what to do, but this policy does not provide clarity and confidence in those actions. This policy, he said, perhaps unintentionally, prohibits girls from being on boys’ sports teams, which has been accepted for decades. Board member Emily Belisle noted that MA currently has girls who play on the football team.

Secondly, the policy refers to the resolution saying that parents are encouraged to seek legal counsel, which, Buczkowski said, is not quite accurate. He noted that for other disciplinary actions such as bullying, verbal abuse, vandalism, or theft, there is no such language, and that could be seen as prejudice since the threat of legal action only applies to transgender students.

Thirdly, Buczkowski said the policy could be seen as a threat or intimidation. The process of transitioning at the school involves contact with the principal and ends with the paperwork requirement, which is immediately preceded by the threat of legal action. In any other case of needing a form for such things as a prearranged absence, an application for a sports team, an approved driver, or a parking permit, the process must be frictionless. MA cannot tell parents there could be legal recourse against them when the student hasn’t done anything. He noted that getting your name changed legally at the courthouse does not include the court saying that others may view your actions as a violation of their privacy and encourage those who do to seek legal counsel.

Buczkowski said he was trying to make sure not to expose the school to legal action but that, as written, a female student could sue the school for the right to play on a boys’ team, parents and students could sue because transgender students are treated differently from other students on disciplinary matters, and MA might be sued on issues of students’ vs. parents’ rights. Finally, he said, MA needed to develop its bathroom monitoring policy carefully or risk a lawsuit. He asked the board to consider and discuss whether these are really the battles and opponents they imagined with this policy. He said this policy was battling MA students and parents rather than state and national laws, which were the real opponents. He suggested breaking the policies apart and making the gender transition policy as frictionless as possible. If the board adopts this draft, it will expose the school to a lot of unnecessary financial liability, he said.

Clinton, noting that the policy had been reviewed by legal counsel, asked Buczkowski if he had brought his concerns to Miller and wanted to see what Miller thought. Graham said he didn’t see this as a sports policy, and striking through the one line was easy. He also said he was fine with removing the threat of legal action since it was covered in the resolution. The “hill he would die on,” Graham said, was the requirement for principals to notify parents of a student who expressed an interest in transitioning. Though it might not be legally OK, and he had been told MA might be sued, he hadn’t yet seen a lawsuit. If MA is sued, Graham said, he would bring it back to the community as the voice of the district to dictate MA’s direction. Board member Matt Ross said the goal of avoiding all lawsuits was different from the goal of protecting kids and expressed support for the changes.

Clinton confirmed she wanted to see a vote at the Feb. 8 meeting, given upcoming field trips and leadership changes. She noted that Buczkowski had voted on the resolution in June. Buczkowski replied that all board members signed the resolution, which also said the board affirms that MA shall support the privacy and dignity of each student and shall not discriminate against individuals based on sex, gender expression, and identity. He said he would love to hear more from legal on the student vs. parent rights issue and what body of law supports this policy. Graham said he would revise the draft policy and ask legal counsel to join the Feb. 8 meeting.

The draft policy can be seen in the Jan. 11 board highlights linked above, and the entire discussion can be seen online at www.youtube.com/watch?v=M8-CCdmpyY0&t=28s.

Audit presentation

Tom Sistare of Hoelting & Company Inc., MA’s audit firm, joined the meeting via Zoom to present MA’s annual audit report. Noting that Hoelting’s team was out last July for internal control testing and had designed the audit based on those tests, Sistare reported an unmodified or clean opinion on the financial statements. He said there were no internal control findings.

Homeschool Partnership program

Interim Chief Operating Officer Kim McClelland presented a potential homeschool enrichment program for MA to offer to families who choose homeschooling over enrollment at MA. She worked with Janyse Skalla, who had done some distance learning work for MA during the pandemic, to make sure that MA’s program stands out by offering personalized learning. A lot of families start homeschooling and get overwhelmed and wish they had support, she said.

McClelland recommended MA focus on kindergarten and first grade to start and hire one program manager/consultant to oversee administrative duties. One full-time teacher would lead the instructional classes that are required to receive funding. MA should hire a classroom assistant for lunch and recess monitoring, she said, and those three positions would make up the core of the MA Homeschool Partnership (MAHP) program. Classes would be held on Tuesday and Thursday with a maximum of 44 students and a minimum of 25 students required to break even. The program would be funded by the state, with each student receiving 50% of per pupil revenue (PPR). MA could decide to start with fewer students and accept an initial loss.

McClelland said she had discussed a marketing plan with Marketing Manager Kendra Kuhlmann and discussed developing a section on MA’s website and holding a Town Hall meeting to gauge interest. She said startup costs would be $3,000, and MAHP would have a curriculum lending library for homeschool parents.

The board consented to extend Skalla’s contract through the Town Hall meeting to move forward with considering the program.

Executive director succession plan

McClelland, who has been acting as executive director (ED) for MA, gave an overview of a succession plan for her position. Graham said the board could approve this plan at the meeting so it could post the position in early February.

Noting that choosing an ED is one of the board’s most important responsibilities and that she has enjoyed being at MA but was not throwing her hat into the ring, McClelland laid out the steps, committees, and processes needed:

  1. Understanding strategic priorities, strengths, weaknesses, and competencies.
  2. Standing up three essential committees: Informal Advisory, Screening, and board HR committees.
  3. Communication and transparency.
  4. Transition and onboarding.
  5. Setting and following a timeline.
  6. Talent pipeline and emergency ED plan.

The committee will draft the job description, including compensation, and post it in early February. The screening committee would review applications, and the HR subcommittee would choose the three top candidates. In mid-March, before spring break, a special board meeting would be called for candidate interviews. In early April, the board would identify the finalist and start the transition process.

Enrollment and election policies updated

At its Jan. 5 meeting, the board considered policy JG-MA Enrollment and Placement. The policy, which MA had vetted and approved by legal counsel, sets the date to Aug. 15 by which incoming students must be 5 years old while grandfathering in any student who has been added to MA’s waitlist by Jan. 5.

The board then considered policy BBB-E-MA Board of Directors Election Process, which has been reclassified to follow the Colorado Association of School Boards (CASB) nomenclature and had various spelling and grammatical corrections as well as terminology corrections. The most substantive change was to supply a missing form required by applicants. The board unanimously approved the policy and indicated that board member Ross should use them to start the process for the upcoming election of two three-year-term board positions.

For more discussion on these policies, see www.ocn.me/v24n1.htm#ma. All MA board policies can be found at www.monument.academy.net/school-board.

Highlights

Board meeting highlights include:

  • McClelland noted that the high school had been hit hard by a virus in December, resulting in 40 missed exams, which it was working hard to make up.
  • McClelland said that HR Director Krista Pelley was working hard on the ABACUS payroll system transition, which was going smoothly.
  • McClelland reported intent-to-return rates use a range as some students are undecided and show for elementary school 82-90%; middle school 91-96%; ninth grade 26-37%; and 10-12th grade 81-83%.
  • Graham reported on the Highway 105 project that lights were removed and access to the church was closed. The project is working to complete a road to connect to the top of the “S” curve to create a loop in front of the school. He said the goal is to get vehicles off Highway 105 to provide safety, but that traffic was still backing up onto 105. West Campus administration is diligently looking at solutions as it works through Phase 3 over the next four months, he said.
  • Buczkowski said the governance committee was working on prioritizing policies to review.
  • Board member Karen Hoida said the Safety and Security Committee is pleased that a second school resource officer (SRO) has been added.

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The MA School Board meets at 6:30 p.m. on the second Thursday of each month. The next regular board meeting will be on Thursday, Feb. 8, at 6:30 p.m. at the East Campus. See more information at see bit.ly/ma-boe.

Jackie Burhans can be reached at jackieburhans@ocn.me.

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