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

Monument Town Council, Feb. 5 and 20 – Monument discusses Loop water system, non-sanctuary status, traffic studies

By Chris Jeub

Two town hall meetings were held on Feb. 5 and 20, during which updates and discussions were provided on a range of topics. The meetings covered progress reports on various projects and initiatives, including water management, infrastructure development, sales tax solutions, and immigration policies. Tensions arose during discussions on traffic concerning development impacts of Highway 105 and Jackson Creek Parkway. No decisions were made during these meetings concerning the congestion of traffic in this area.

Progress report on the Loop water system

John Kuosman, representing the El Paso County Regional Loop Water Authority (EPCRLWA, or the Loop) provided an update on the ambitious Loop water system during the Feb. 5 meeting. The system, a rotational water distribution initiative spanning the Colorado Springs area with Monument situated at its northernmost point, aims to transform water management practices in the region.

Kuosman expressed optimism about the project’s progress, noting that while significant headway had been made, the journey to completion was ongoing. A pivotal moment came in October 2023 when an operational model was successfully executed, with the results shared among all member agencies. Central to Kuosman’s presentation was the system’s value proposition, emphasizing the long-term benefits of infrastructure investments. Forecasts suggested that the system could deliver water at a rate as low as $8.35 per 1,000 gallons, positioning it as a cost-effective solution for member agencies. Monument, represented in the system’s governance structure, holds a proportionate share of decision-making authority, ensuring local involvement in critical matters.

Councilmembers posed pertinent questions regarding cost comparisons, potential additions to existing fees, and the timeline for construction. Concerns were raised about the transparency of cost projections and the feasibility of delivering renewable water to all stakeholders. Kuosman addressed these queries, acknowledging the need for further analysis while affirming the system’s capability to provide renewable water upon completion.

In response to inquiries about construction timelines, Kuosman outlined a timeline aiming for the $110 million system to be operational by 2027, demonstrating a tangible pathway toward realizing the project’s goals.

Baseline Engineering steps in during moratorium

Amid Monument’s moratorium on new project submissions, Baseline Engineering has assumed a pivotal role in project management. Two contracted planners, Julie Esterl and Lauren Richardson, have been brought on board to bolster the town’s capabilities. Town Manager Mike Foreman highlighted the substantial workload, revealing that Baseline Engineering is currently managing 20 projects. Foreman also expressed optimism about the imminent hiring of a town planner, with strong candidates “already in the pipeline.”

Hybrid sales tax solution approved

Resolution No. 06-2024 was presented and unanimously approved by the Town Council on Feb. 5. Finance Director Mona Hirjoi proposed the resolution, which outlines a hybrid solution for the self-collection of sales tax in Monument, set to commence on Oct. 1, 2024. Stemming from the council’s acknowledgment of the need for improved control over revenue processes following Monument’s transition to a home-rule municipality in January 2023, the decision to pursue this hybrid solution aims to enhance autonomy and efficiency. Hirjoi played a role in preparing and proposing the solution, facilitating discussions with key stakeholders such as the Colorado Department of Revenue and consulting firm CoSak to inform the decision-making process.

Monument Lake and Limbach Park improvements

The Monument Town Council passed Resolution No. 07-2024 unanimously, approving a contract with CXT for the construction of a restroom facility at Monument Lake. This resolution marks a significant improvement over the current portable bathrooms, addressing a need for better amenities at the lake. Notably, the project is made financially feasible through the awarding of a grant that covers most of the $183,000 budget.

The Town Council also unanimously approved Resolution No. 08-2024, greenlighting a contract with Star Playgrounds for the installation of new equipment at Limbach Park. With $200,000 allocated to the Parks Department for improvements, staff identified Limbach Park as the optimal location to allocate these funds. Foreman added the importance of meeting Americans with Disabilities Act requirements, highlighting Limbach Park as a priority area for improvement.

Ballot measures discussed

Two ballot measures were discussed as possibly being added to November’s ballot. Ballot Measure 1 proposes a lodging tax, with Mayor Mitch LaKind advocating for a 2-2.5% tax rate on short-term rentals, specifically targeting residential stays under 29 days as well as overnight stays at truck stops. The proposed tax revenue would be allocated exclusively to parks and trails, with LaKind emphasizing its potential as a consistent funding mechanism. While councilmembers like Steve King expressed a preference for keeping all funds within parks, others, including Sana Abbott and Jim Romanello, raised questions about diversifying funding or forming a parks commission for fund distribution.

Concurrently, Ballot Measure 2 focuses on charter changes, with Romanello proposing to lower the age limit for commissioners to 18, sparking debate among councilmembers about the potential impacts of altering the charter. While some, like Councilmember Marco Fiorito, expressed openness to additional ballot measures, others, like Councilmember Laura Kronick, voiced concerns about the piecemeal alteration of the charter, emphasizing the importance of respecting previous votes. These discussions underscored the complexities surrounding both ballot measures, highlighting the need for thorough consideration and public education before they go to a vote.

Monument resolves as non-sanctuary town

The Town Council passed Resolution No. 11-2024, spearheaded by Mayor LaKind, declaring Monument as a “non-sanctuary” town. The resolution ignited a debate on the town’s preparedness for handling migrant arrivals. Town Attorney Bob Cole emphasized the resolution’s intent, positioning Monument in contrast to sanctuary cities, while Councilmember Kenneth Kimple sought clarification on the town’s plan in the event of migrant arrivals. King expressed reservations about the town’s capacity for accommodating migrants, citing limited resources for public housing. LaKind underscored the town’s alignment with neighboring jurisdictions like Colorado Springs and El Paso County in their approach to migrant response. Ultimately, the resolution passed unanimously with a 7-0 vote, solidifying Monument’s stance on the issue amid ongoing debates at the state and national levels.

Town greenlights new wellhouses

The council passed Resolution No. 12-2024, approving $2.19 million for a construction project to build three new wellhouses in support of Wells 11, 12, and 13 for the Public Works Department. The resolution, presented by Director of Public Works Thomas Tharnish, sparked a lively discussion among council members regarding the project’s cost and potential budgetary concerns. Tharnish addressed previous pricing issues that had since been resolved, but King remarked on the current inflationary environment. He noted that costs for projects have risen significantly, making it prudent to move forward without delay to avoid further expense escalation through rebidding. LaKind expressed apprehension about potential budget overruns, citing previous instances with the water tank project. Romanello emphasized the importance of cost containment measures to prevent excessive spending. Despite concerns, the motion ultimately passed unanimously.

Maverik development debated

Tensions escalated among councilmembers, notably between Romanello and Kimple, shedding light on underlying disagreements over the town’s hesitation to allow Maverik Monument Junction Lot 1 Monument Junction West Filing No. 1 to continue.

During the Feb. 5 meeting, Kimple voiced objections to Ordinance No. 24-2023, which pertained to the approval of a Planned Unit Development for Maverik Monument Junction. Kimple requested its removal from the agenda, highlighting discrepancies in the ordinance’s language that implied council approval where none had been given. However, despite Kimple’s objections, the council proceeded with discussions, with the town staff emphasizing that the application was merely on hold, not withdrawn.

During the Feb. 20 meeting, a pivotal point of contention arose during the discussion on the Traffic Impact Study, a study called for by Kimple himself. A representative from Jacobs Engineering presented the study, largely answering questions Kimple raised via email. Kimple continued to raise concerns regarding the accuracy of traffic data presented in the study, alleging skewed numbers due to data collection outside of school times and the omission of COVID-19 impacts. Despite explanations from Jacobs Engineering, Kimple persisted in questioning the validity of the report, expressing apprehensions about the potential hazards posed by increased development on the community.

Romanello engaged in a pointed exchange with Kimple, challenging the validity of Kimple’s claims and highlighting the inevitability of traffic growth given Colorado Springs’ northward expansion. Romanello emphasized the importance of smart development rather than outright opposition, echoing sentiments shared by other councilmembers regarding the need for cautious, informed decision-making.

However, Kimple persisted in bringing in external information, prompting Mayor LaKind to question its validity, particularly highlighting Kimple’s assertion that Highway 105 wouldn’t be completed until 2040. “They’re actively building four lanes right outside my bedroom window right now; I hear it all day long,” LaKind said. Romanello followed by saying “I’m not OK with this at all,” referring to Kimple’s call for a tax-funded study to help promote a “NIMBY attitude” (Not In My Backyard).

Town Attorney Bob Cole emphasized that no conclusion should be made because the applicant (Maverik) was not present. If Maverik should return with its application, Kimple said he would likely have more questions.

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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, March 4 and March 18. 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

Monument Academy School Board, Feb. 8 and 22 – Board passes parental rights policy 6-1; member resigns

By Jackie Burhans

Monument Academy (MA) held its regular meeting on Feb. 8 where it passed a parental rights policy after much discussion. It held a special meeting on Feb. 22 to reorganize after a board member’s resignation.

In addition, MA reviewed its Q2 academic dashboard, approved moving forward with its homeschool program, heard administrative and committee reports, and discussed its assessment opt-out policies.

Board passes parental rights policy

Board President Ryan Graham reviewed the history of MA’s parental rights policy, which describes how to handle transgender students. Based on past discussions, the current version strikes out the example of trying out for sports and the statement that parents may view their child’s Fourth Amendment right to privacy as being violated by the actions of the transgender student and are encouraged to seek legal counsel. Graham read the entirety of the policy JRT Parental Rights Policy which can be found at bit.ly/ma-policyJRT.

Earlier, several public comments were made by members of the audience supporting the board, its resolution, and encouraging it to pass this policy. Commenters included former El Paso County State Rep. Tim Geitner, who is the board president for Liberty Tree Academy which is having similar conversations.

The board’s legal counsel, Brad Miller, of Miller Farmer Carson Law, spoke, and while declining to give detailed legal advice in a public meeting responded to some of the concerns that were raised at the previous board meeting. He noted that there was discussion on whether student rights trumped parental rights and whether the case cited, Troxel v. Granville, was on point. He said we live in a society where courts have sided with the rights of children in multiple instances and claimed that the Colorado Legislature was trying to eliminate the role of parents. He said that even if the board was the Rosa Parks of this current age, what they are proposing wasn’t direct civil disobedience nor a blatant violation of the law which is yet to be clarified.

Miller went on to say that, speaking of religion, the board might get accosted with the idea that Romans 13 and other New Testament verses say that the government is an extension of God’s authority, and [MA] should be subject to it. But if the board looked to Acts and Ephesians it would be reminded that while it is subject to human institutions it should also obey God rather than men. The Colorado Legislature, he said, has placed schools like MA in the role of being accessories to a very consequential moral redefinition of individual identity. His view, he added, is that every society that has attempted to redefine personhood has failed.

He went on to address the concern for risk avoidance, saying he had consistently informed MA that the proposed policy would elevate MA’s risk of being sued. It could be that the cost would be significant, he said, or potentially the adoption of this policy could augment MA’s enrollment and encourage various forms of support and money. He also suggested that non-action could force families to consider whether the risk of public education could outweigh its convenience.

Miller said that concerns about needing policies on sports and bathroom monitoring could be addressed by administrative regulation and that MA did not need to remove its statement that affirmed a parent’s right to sue over perceived violation of their child’s privacy, although it had already done so. Finally, he noted that the legislature was considering proposals that would directly conflict with this policy and the board might need to reconsider it next year.

Board Treasurer Joe Buczkowski pointed out that the policy did not prohibit “biological males” from competing on girls’ sports teams or from using girls’ bathrooms. Two issues, he said, serve as his opposition to this policy. Firstly: How many different battles of parental rights are the school willing to take on, and what is the cost of those battles. Secondly, he felt that the policy could be considered to be prejudiced against the voluntary contact student because it requires a principal to call home even if that is against the express wishes of the student.

Buczkowski noted that the rights of a student who wants to transition might conflict with their parents’ rights, and he wasn’t sure MA wanted to get into that battle. He went on to say that enforcement of the policy required staff and teachers to know a student’s biological sex, which was impossible to know. The policy requires staff members to monitor bathrooms, and he did not want to put them in the position of making those policies without the board.

Returning to the question of financial implications, Buczkowski said the board should reduce financial risk as much as possible and that MA had a track record of making very bad financial decisions. He specified that when building the East Campus, the financial projections were beyond the building’s capacity based on the number of classrooms. The gymnasium, he specified, is useless for middle school and high school competitions and would cost millions to fix it. He said there was no budget for a parental rights legal battle and that MA was in the hole by $150,000 to $160,000 needed in fundraising just to balance its current budget. He suggested MA consider having the board members that vote in favor agree to indemnify the school on all financial costs or to do a fundraising campaign to set aside a reserve for these legal costs.

Miller suggested that board members who vote no should indemnify the school should there be a lawsuit if they do not take action. Board Vice President Lindsay Clinton expressed her support for the policy, saying that when she drops her kids off, she does not give up her parental rights. She noted that they are in the process of hiring an executive director who must support, uphold, and enforce board polices. Board member Craig Carle also expressed his support for the policy, saying he understood the risks for the school but wanted to show courage in the face of adversity. Board member Matt Ross said that the board must not let fear of man but rather the fear of God drive its decision. He said he believed the God of the Bible was watching their decision. Board member Emily Belisle said that this policy is not radical and did not attack anyone’s lifestyle but was instead a way to maintain order in schools and required that parents be kept informed on matters that greatly affect their child.

Graham read his statement supporting the policy, saying the opposition had impugned the board by saying it had not done its research on the conflict between parental and child rights. He said it was not the principal’s role to subvert the authority of a parent in their child’s life and that there were a multitude of schools where one could abdicate their parental authority and the school would be glad to exploit that. He said that tonight’s town hall is not to wage war against any schools but to go after those who have set their sights on our children. Although some say MA is creating a hostile environment, he said, MA’s goal was to protect all students, citing a disputed statistic on transgender youth suicide rates. Graham said that MA protects the truth and was being ridiculed, mocked, labeled, and threatened. He thanked the Lord for the courage, conviction, and resolve of many of the board members he served with, saying “we can win and, God willing, we will win, even if we get tossed in the fire.”

The board passed the policy on a vote of 6-1 with Buczkowski voting no.

Board resignation

At a special meeting on Jan. 22, Graham reported that Buczkowski had resigned from the board on Feb. 12 thus leading to a vacancy. Buczkowski’s term was set to end on June 30. Per the board’s bylaws, Graham said, the board could appoint a replacement or run as a six-member board until the June 30 election, and he moved to do so. The board unanimously approved the motion.

Graham noted that Buczkowski had been the board treasurer and that position needed to be filled. Carle agreed to serve as treasurer.

Buczkowski had been on both the Finance and Governance Committees. Carle was already on the Finance Committee and Graham offered to join as the second board member. Board member Karen Hoida was already a member of the Governance Committee and Belisle offered to step in as the second board member. Belisle asked for a second member to join her on the Curriculum Committee and Clinton agreed to do so.

Graham noted that, per their respective bylaws, the Monument Building Corp. and Monument Foundation, two 501(c)3 organizations which hold the West and East Campus debts, required a MA board member representative. Since Buczkowski, as treasurer, had been on those two boards, Graham formally moved that Carle replace him as the MA board representative. The board unanimously approved this motion.

Finally, the board unanimously authorized a change in the approved bank signers to remove Buczkowski and replace him with Carle.

Highlights

Board meeting highlights include:

  • Carle spotlighted student Addison Michalak, an MA middle schooler who competed as the United States of America Track and Field (USATF) national junior championship placing fifth in the 3K cross-country 11-12 girls’ division. She was named USATF girl athlete of the year.
  • Acting Chief Financial Officer Glenn Gustafson noted that the Employee Retention Tax Credit program had been suspended by the Internal Revenue Service in December due to rampant fraud, then reopened with a much earlier deadline of Jan. 31. MA has submitted for $1.3 million in payroll costs and might receive it in summer of 2024 but has been advised to sit on it in case of an audit. He also noted that MA was due $180,000 from the charter startup grant it received and must now find eligible expenses for which it could be reimbursed. Finally, he reported that the interim School Finance Committee had proposed changes to the School Funding Act that could result in School District 38 as a whole losing $3 million.
  • Analytical Diagnostics consultant Jennifer Strawbridge presented the MA mid-year academic data shown in the meeting highlights at: bit.ly/ma-20240208-highlights.
  • The board unanimously approved moving forward with the Monument Academy Homeschool Partnership program after getting full support from Gustafson to invest in it knowing it may need to be subsidized for two years from West Campus cash reserves.
  • School Culture and Assessment Coordinator Anna Arndt brought the board’s attention to a new policy for state testing which gives students a score even if they only partially complete a test. Toward that end she asked the board to consider changes to its policy 1525 State Assessment Refusal Policy and allow administration to alert parents to upcoming changes to that policy. The board agreed to allow a letter to be sent and the policy to be reviewed at its next meeting.
  • Director of Academics Tine Leone described the process used to replace the Saxon Math curriculum, which is going away, with Reveal Math. She thanked everyone involved and said that after the public review period the board will be voting on March 14. She hopes to order teacher editions of the curriculum before people leave for the summer.
  • The board unanimously approved the executive director hiring timeline in March and April, which includes a screening committee meeting, a regular board meeting, a special board meeting and executive session, informal interviews and site visit, another special board meeting and executive session and an April 4 community town hall, culminating with a public vote on hiring the new executive director on April 11.
Above: At the Feb. 9 meeting, Monument Academy board member Craig Carle spotlighted student Addison Michalak, an MA middle schooler who competed as the United States of America Track and Field (USATF) national junior championship, placing fifth in the 3K cross-country 11-12 girls’ division. She was named USATF girl athlete of the year. Pictured are Carle, left, and Michalak. Photo by Jackie Burhans.

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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, March 14, 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.

Other Monument Academy articles

Lewis-Palmer D38 Parent and Community Advisory Committee, Feb. 13 – Committee receives leadership hiring and superintendent search update

By Harriet Halbig

The Lewis-Palmer D38 Parent and Community Advisory Committee (PCAC) met on Feb. 13 at Prairie Winds Elementary School to discuss such topics as hiring for leadership positions, a search for a new superintendent, and priority 5 of the district’s strategic plan referring to fiscal stewardship.

Prairie Winds presentation

Interim Principal Aileen Finnegan spoke about Prairie Winds Elementary School (PWES) and its programs and history. PWES opened in 2001 and has received the John Irwin School of Excellence Award recognizing test scores that exceeded expectations each year from 2011 to 2022 and the Governor’s Distinguished Improvement Award in 2022.

Finnegan spoke of active parent participation in the school and enumerated the various extracurricular activities and such traditional events as Veterans Day Assembly and a science fair and fundraisers such as a fun run and spirit night.

To view the PowerPoint of this presentation, please see the district website, lewispalmer.org, family resources, District Accountability Advisory Committee, and Meeting Resources.

Leadership update

Assistant Superintendent Amber Whetstine reported on several leadership roles that were vacated this year and the progress in hiring. The district hired Kim Briding as principal of Palmer Lake Elementary School, Danielle Holmes as Special Education director, and Rachel Sellers as principal of PWES. These positions were expected to be confirmed by the Board of Education at its Feb. 26 meeting. Interviews are also planned for the positions of director of Planning, Facilities and Grounds, and Lewis-Palmer Middle School principal.

Board liaison Tiffiney Upchurch shared a presentation by McPherson and Jacobson, the firm selected to oversee the search for a new superintendent. Current Superintendent KC Somers will leave the district at the end of March. To view the presentation, please see the district website as explained above.

A survey has been distributed to staff, parents, and community members about priorities in selecting a new superintendent. As of the meeting date, 600 responses had been received. The goal is to receive at least 2,000.

Upchurch said that the board will continue to follow the current strategic plan until such time as a new superintendent is selected.

Upchurch also reported that she traveled to Washington, D.C., to meet with representatives as part of the Coalition Colorado to lobby for full funding of the Individuals with Disabilities Education Act (IDEA). Current funding is at 13% of the cost of educating students with Individualized Education Plans (IEPs). The coalition was able to increase that amount to 40%.

Upchurch said the district is currently short by about $1.5 million-$2 million per year in funding this aspect of education.

Fiscal stewardship discussion

Chief Business Officer Brett Ridgway offered a presentation (see the website as explained above) regarding fiscal stewardship by the district.

Ridgway recently testified in Denver on SB24-017 Cash Flow Moderation. Ridgway is the author of the bill, which would allow school districts to receive their funding in a more equal amount each month. Currently, the majority of funding is received during the months when property taxes are received, and districts have to set aside money to fund payroll during the months at the end and very beginning of the calendar year. If passed, the bill will free up the $8 million the district has been withholding.

Ridgway shared slides which explained the sources of district revenue and the timeline for creating the annual district budget, beginning in November with receipt of the governor’s proposed budget and ending with passage of a complete budget for submission to the state by June 30.

When asked about the anticipated per pupil revenue for the upcoming school year, Ridgway said it is estimated to increase by 6.9%.

When asked whether the increased building activity in the district will result in a larger school population, Ridgway responded that demographics are changing. He said that birthrates are decreasing and home schooling is gaining popularity.

Whetstine said Building Advisory Committees, PCAC, and other entities are being consulted to determine their priorities for spending in the upcoming year. The group was divided into four subgroups to discuss their priorities.

In reporting back to the group, some priorities were as follows:

• Restore career and technical education (CTE) electives at middle school.

• Improve safety in parking lots and drop-off locations.

• Increase availability of CPR and other first aid training.

• Consider more staff to decrease class sizes at Bear Creek Elementary and Lewis-Palmer Elementary.

• Add cameras on buses.

• Provide air conditioning at Palmer Lake Elementary.

• Hire more counselors at the elementary level.

Committee updates

The Financial Transparency Committee will go into more depth on Ridgway’s presentation.

The Staff Collaboration Committee will discuss four health plans to choose from for the upcoming year. Benefits account for 31% of the district payroll.

The Calendar Task Force will start its work on Feb. 29. The original committee will be joined by more staff, parents, and students who were randomly selected and invited to join. The 2024-25 calendar is approved and posted on the district website.

The Wellness Committee celebrated February as Heart Month by promoting a program for heart wellness. The school with the largest participation will win a staff lunch.

The Special Education Advisory Committee said that nominations for the annual Aliorum Dei Award opened on Feb. 14. The award acknowledges those who make a difference in the lives of students with disabilities.

The Gifted Education Leadership Team was to meet on Feb. 14 to discuss how the district is meeting the requirements for gifted/talented identification.

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The Parent and Community Advisory Committee meets six times per year. Locations vary. The next meeting will be at 6 p.m. on April 9 at Palmer Ridge High School, 19255 Monument Hill Road in Monument. For further information, please contact tmckee@lewispalmer.org.

Harriet Halbig may be reached at harriethalbig@ocn.me.

Note

The D38 Board of Education met too late in the month to be included in this issue. Coverage of their Feb. 26 meeting will be included in the April 6 issue of OCN.

Other District 38 Parent and Community Advisory Committee articles

Palmer Lake Board of Trustees, Feb. 8 and 22 – Ben Lomand property eligible for annexation; stance on migrants debated

By James Howald and Jackie Burhans

At its meeting on Feb. 22, the Palmer Lake Board of Trustees (PLBOT) held a public hearing to decide if the property owned by the United Congregational Church was eligible for annexation by the town. Mayor Glant Havenar asked the board to approve a resolution declaring Palmer Lake to be a “non-sanctuary” town; she also asked it to authorize her to sign a letter drafted by leaders in surrounding towns to the El Paso Board of County Commissioners.

The PLBOT board considered updates to the town’s land use code. The lease agreement between EcoSpa LLC and the town was amended. The board held a workshop on its master fee schedule and voted to approve a new version of it. The location of the proposed pickleball courts was changed so that they would not be built over a water line. Finally, the board approved two special use permits.

Both meetings ended with executive sessions.

Property meets eligibility requirements

Havenar opened the public hearing on the eligibility of the Ben Lomand property for annexation into the town by saying the attendees were neighbors and by requesting they speak kindly. She and Town Attorney Scotty Krob said the sole topic of the hearing was whether the property was eligible for annexation and that all other issues would be handled later in the development process.

Dan Madison, a civil engineer representing the church, said the town had written an annexation impact report for El Paso County as required by the annexation process. The primary criterion for eligibility was one-sixth of the boundary of the property being contiguous with the town. Madison said the property met that requirement with 20% of the boundary being contiguous.

Havenar asked Madison to address the issue of water service for the proposed development. Madison said the developer does not want water service from the town; the lots would have private wells and the development would be self-sufficient regarding water. The developer did want the town to provide fire and police service, however. Madison pointed out that the developer initially wanted to remain in unincorporated El Paso County, but the town asked to be a partner in the development process.

Resident Roger Moseley raised several objections to the planned development, arguing that the impact report was “a terrible report,” mistaken on the issue of density, lacking information about costs, that the specifics of the development were not covered, and that there was a legal requirement for maps to be updated. Krob replied the impact report was prepared for the county, which had judged it adequate for its purposes. The maps needed to be updated before annexation, Krob said, but not before the determination about eligibility was made.

Resident Martha Brodzik said the impact report did not include a financial plan. She said she believed the town would be required to maintain a portion of County Line Road and that annexation would cost the town $77,000 a year in excess of the property taxes received. She said she was not in favor of or opposed to annexation, but she did not want to bear the burden of annexation.

Resident Johann Moum asked who the developer of the property is and if access to the proposed development would be through existing streets. He also asked about the intended lot sizes. Havenar pointed out these questions did not relate to eligibility.

Reid Wiecks, chairman of the Parks and Trails commission, said he was in favor of annexation but believed that one of the parcels would cut off a proposed trail. He objected to the Parks and Trails Commission not being involved in the annexation process. Havenar said the issue of trails was not relevant to the question of eligibility and the commission would be involved in the design phase of the process.

Two residents who did not sign the speaker log raised issues about water and fire prevention. Havenar said wells were managed by the state of Colorado. Trustee Shana Ball said the board was always conscious of the risk of fire.

Resident Bill Fisher said he believed the annexation agreement modified the existing land use code and he wanted residents to have a chance to comment on these changes.

Following the comments by the board and the public, Madison made his concluding remarks. He said the eligibility requirement was that the land be capable of development and that was the case. The impact report was done by the town, not the developer. A traffic study would be done during the development phase that would address roads. He explained the church is the owner as well as the developer and they intend to sell lots to builders.

Madison said he did not believe any connection to Capella Drive would be proposed, and that the primary access would be via County Line Road. Lots would be 2.5 acres and the trail issue would be addressed during the design phase. He said all tap fees would be paid and he believed development would reduce the likelihood of fire. He ended by saying the requirements for eligibility had been met.

Krob said if the board voted in favor of eligibility following the hearing, the next step would be a hearing on annexation, at which an ordinance would be voted on. The ordinance would do three things: annex the property, zone the property, and approve the annexation agreement.

Havenar closed the hearing, and the board voted unanimously to approve Resolution 13-2024, which finds the Ben Lomand property eligible to be annexed. The board also voted to hold an executive session on Wednesday, Feb. 28 at 5 p.m. to review the annexation agreement, and to hold a special session on Monday, March 4 at 5 p.m. to consider the annexation ordinance.

Brodzik objected to the schedule of the additional meetings, arguing there was no need to rush. She repeated her point about costs not being adequately considered. She said when the town was hit with costs for the annexation, she would send her portion of the bill to the board for them to pay.

Trustee Dennis Stern asked residents to send their concerns to the board via email and to be concise.

“Non-sanctuary” status debated

Havenar asked the board to approve Resolution 20-2024, which declares Palmer Lake to be a “non-sanctuary” town. The resolution also calls upon the president of the United States to secure the border and to enforce immigration laws. The resolution recognizes the importance of legal immigration.

Havenar said the county commissioners had issued a statement regarding “non-sanctuary” status and the mayors of some towns had made similar statements. She said her goal was to prevent the town from expending resources responding to the arrival of migrants. Ball said the town does not have space or resources to help migrants.

Trustee Nick Ehrhardt agreed the town does not have resources but said “it’s a far cry from that to proactively saying we are shutting the door before the door even exists … it’s regrettable that our neighbors have done so … this is an opportunity for us to stand apart.” He encouraged faith communities to help address the needs of migrants, said Palmer Lake was a sanctuary in many ways, and said he was a citizen of the planet.

Resident Becky Albright said she was disturbed by the resolution and did not see its purpose.

Havenar asked Krob if the town has a responsibility to migrants who might camp by the lake. Krob said “sanctuary city” is not a legal designation but was a political statement and concerns cooperation with immigration officials. “If you say you are a non-sanctuary city it doesn’t change your legal liabilities … it’s not really a legal question.”

Moseley asked: “Why are we not arresting bus drivers, shooting tires and burning buses?”

Brodzik said the town’s code prohibits camping and the code should be enforced.

Chief of Police Jason Vanderpool said camping is not a criminal offense. His officers could only ticket migrants camping illegally and require them to go before a judge. Since they were transitory, a trial and a fine might be ineffective, he said.

The board voted to approve the resolution. Ehrhardt and Trustee Samantha Padget voted no. Ball, Trustee Jessica Farr, and Havenar voted in favor. Trustee Kevin Dreher did not attend the meeting and was excused.

In a related matter, Havenar asked the board to authorize her to sign a letter, drafted by the mayors of Fountain, Green Mountain Falls, Calhan, Manitou Springs, Monument, Ramah and Colorado Springs, to the county commissioners, asking the commissioners to “engage in meaningful consultation with us, the mayors, before making public statements that have a negative impact on our communities.” The letter says the towns do not have the resources to support large numbers of immigrants. It asks for a collaborative approach from the commissioners.

Havenar said she supported the statement because it clarified the mayors would work together on the issue.

Ehrhardt voted against authorizing Havenar to sign the letter on behalf of the town. Ball, Farr, Havenar, Padgett and Stern voted in favor.

Land use code updated regarding annexation process

The board considered three updates to the town’s land use code, all of which would address deficiencies in the existing code regarding the annexation process. Krob said the first of the three updates was not ready for consideration, but the other two were ready. The second update would add language defining who can update the land use code, requiring a survey map when the zoning district map is changed, that zoning changes be initiated by the owner of the property or their representative and that the Community Master Plan be amended before approving zoning changes not in alignment with the plan. The third update defines a checklist of requirements for land use applications.

Collins and Krob emphasized that these changes would be temporary measures to fill gaps until the Planning Commission could complete its work on the land use code.

Brodzik objected to proposed changes, arguing they were a “cut and paste job,” and that the paragraph numbering was inconsistent. Krob responded that the language would be cleaned up by Municode, the company updating the town’s code, during codification. Brodzik asked for a line-by-line review of the town code, which she said the board had agreed to previously. She said the changes aren’t “ready for prime time.”

Havenar emphasized the temporary nature of the changes. Krob said the board can revisit the code at any time.

Moseley and resident Claudia Belcher said the process was too rushed.

Havenar said the board supported the town staff in the performance of their duties and that there were applications that needed to be addressed.

The board voted unanimously to table the first proposed update and to approve the second and third.

EcoSpa lease amended

Havenar told the board that the Willans had asked for their lease agreement to be amended so that the town would receive 8% of all rents received for rental of the annex building. The annex building was previously referred to as the gymnasium and community center.

Lindsay Willan said she and Richard Willan had spent $20,000 on an engineer’s report, soil tests, and a website and she believed the annex would be operational by early summer. She said they would pay the town a percentage of the profits rather than a fee per user of the annex.

Wiecks said he was concerned the Willans’ plans would prevent the construction of a trail around the perimeter of the Elephant Rock property. Lindsay Willans said the trail would be allowed.

The board voted unanimously in favor of Resolution 18-2024, which amends the lease agreement as proposed.

Master fee schedule adopted

Following a workshop on its master fee schedule held on Feb. 22, the board voted in favor of Resolution 15-2024, which amends the town’s master fee schedule. Trustee Farr voted no; the other trustees and Havenar voted yes.

Before the vote, Wiecks asked that fees for use of the baseball field be added. Collins said the fees should be discussed with the Little League before being added. Havenar said the fee schedule could be amended at any time.

The fee schedule can be found on the town’s website here: www.townofpalmerlake.com/documents. The amended schedule had not been published when OCN went to print.

Pickleball courts moved

In previous months, the board had discussed with Awake the Lake liability concerns caused by the fact that the pickleball courts were to be built over a water line. No clear agreement had been reached concerning who would pay if the water line needed maintenance.

The board voted in favor of Resolution 9-2024, which moves the location of the courts south, adjacent to the pedestrian bridge abutment on the west side of the lake, where they would not be on top of the water line.

Special use permits

At its Feb. 8 meeting, a special event permit was approved for an Easter egg hunt, to be held on Saturday, March 30, on the Village Green at 10 a.m. The event was organized by the Palmer Lake Arts Council and will include a visit from the Easter Bunny, crafts, and face painting.

At its Feb. 22 meeting, a special event permit was approved for an Easter service to be held on Sunday, March 31, at the Town Hall at 10 a.m. The service, hosted by Joy on the Rock, will be followed by brunch.

Executive sessions

The Feb. 8 meeting ended with an executive session for the board to receive legal advice concerning potential sale of town property, the lease agreement with Eco Spa LLC, and a Police Department complaint.

The Feb. 22 meeting ended with an executive session to receive legal advice concerning the potential sale of town property and negotiation of a possible lease of a portion of the Elephant Rock property.

No actions were taken following either executive session.

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The next regular board meetings are scheduled for March 14 and 28. In addition, there will be an executive session on Wednesday, Feb. 28 at 5 p.m. and a special meeting on March 4 at 5 p.m. All meeting will be held at the Town Hall. 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

El Paso Board of County Commissioners, Jan. 30 and Feb. 22 – Palmer Lake annexation impact report received

By Helen Walklett

During February, the El Paso Board of County Commissioners (BOCC) considered an annexation impact report for land west of the Town of Palmer Lake. The commissioners also heard concerns about safety on Vollmer Road near the School in the Woods site at the end of January.

Palmer Lake annexation

The proposed Ben Lomand Mountain Village annexation into the Town of Palmer Lake was back on the agenda at the Feb. 22 BOCC land use meeting ahead of it being discussed that evening at the Palmer Lake Board of Trustees meeting. See the Palmer Lake Board of Trustees meeting article on page < 7 >.

Kylie Bagley, planner III, Planning and Community Development Department, said the annexation impact report contained more information on the annexation’s potential impacts than was available when the BOCC first discussed it at its Jan. 23 meeting.

The annexation request is being made by landowner United Congregational Church and 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 applicant intends to develop the site, along with an additional 163 acres already 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. The total development on the combined property is not expected to exceed 80 lots. The steep topography of parts of the property being considered for annexation as well as the necessary land dedications and rights-of-way for roads and utilities mean that a large portion of the property is anticipated to remain undeveloped. It is estimated that 104 of the 181.5 acres is buildable and, given the minimum lot size of 2.5 acres, this would result in about 41 lots on that portion.

All existing structures, including the existing church and youth center, would remain. The applicant intends to use the buildable remainder of the combined property for churches and other religious facilities. Public trail easements and recreational access may also be considered as part of any future development.

The report states that the town’s police and fire services and the school district are believed to be more than adequate to provide services to the proposed development. The applicant will need to submit a drainage report and a traffic impact study as the project progresses.

Commissioner Carrie Geitner asked if there were any remaining concerns that might be potential problems for county and should be relayed to the Town of Palmer Lake. Bagley answered that there were none at this time.

Commissioner Holly Williams asked if Palmer Lake would be taking over responsibility for County Line Road. Meggan Herington, executive director, Planning and Community Development, said it would be standard for the town to take on the portion adjacent to the development and that discussions about other segments would need to be ongoing as the development progressed. She also clarified that the county and the Colorado Department of Transportation would receive detailed documentation for review and comment as any development moved forward.

The BOCC cannot approve or deny an annexation impact report; the report serves to notify it of the annexation request and sets out potential impacts in general terms, allowing the BOCC to give direction to staff. Therefore, the commissioners accepted the report, but no vote was taken.

Vollmer Road safety concerns

During the public comments part of the Jan. 30 BOCC meeting, two residents raised concerns about safety and speeding on Vollmer Road, adjacent to the School in the Woods site. Dick Hegeman, a resident of Hardin Road opposite the school site, said traffic had increased exponentially over the years. He spoke of speeding and cars parked on both sides of Vollmer and along Hardin during busy times such as school choice night when prospective parents and pupils visit. He said, “Something’s got to be done because somebody is going to get hurt. Why can’t we be proactive instead of reactive.”

Vollmer Road resident Maggie Mae Stone stated, “I’ve been trying on the same subject for nearly 2 1/2 years to find out when somebody is going to give a damn about the kids at the School in the Woods and put up speed limit signs.”

Although it is a designated school zone, limited to 25 mph, this cannot be enforced because there are no signs. Stone told the commissioners that she and her husband had offered to pay for two signs, but no one had acted interested in any way. She said she had been told by three Sheriff’s Deputies on three separate occasions that nothing would change until someone died.

Chair Cami Bremer asked Josh Palmer, county engineer, to follow up directly with the two citizens to explain the measures taken and those planned, which include the installation of dual turn lanes over the summer when the school is closed.

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

Other El Paso Board of County Commissioners articles