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Articles from Vol 24 No. 8 - August 3, 2024

Monument Academy School Board, July 11 – Board resolution related to Title IX

By Jackie Burhans

Monument Academy (MA) held its regular meeting in July to consider its response to changes in Title IX, to receive an update on finances, set board committee assignments, and hear committee reports.

Board responds to Title IX changes

The July 11 meeting started with a short executive session for legal advice regarding Title IX policy options. Board President Ryan Graham noted that the U.S. Department of Education (ED) had released its final rule changes to Title IX and indicated he had a resolution that was being used in multiple school districts.

The resolution, which can be found in its entirety at bit.ly/ma-title-ix-res, specifies in part that the board believes parents, not schools, have the fundamental responsibility for their children’s education, supports natural law and moral truth, believes the ED’s changes run afoul of federal and state laws, and that Title IX refers to biological sex, which is “an immutable characteristic that cannot be changed, fluid, or altered.” The resolution says that the ED’s unlawful attempt to change the definition would have disastrous emotional and safety impacts to girls and women.

Therefore, the document resolves that “sex” is determined at birth and is an immutable characteristic that cannot be changed, fluid, or altered; commits to protecting female sports and ensuring the safety, privacy, and protection of all students, acknowledging the importance of single-sex facilities.

Finally, the board values and condones the numerous legal challenges to ED’s rule changes to Title IX and commits to making no policy or procedural changes while legal challenges ensue.

Graham moved to approve the resolution; Vice President Lindsay Clinton seconded it, and without discussion, the board passed the resolution unanimously.

Finance update

Acting Chief Financial Officer Glenn Gustafson reported that D38 had unexpectedly qualified for a state mill levy override matching program, which yielded an additional $30,000 for MA.

Gustafson said he had convinced MA’s auditor not to accrue the cost of seeking the Employee Retention Tax Credit (ERTC). The Internal Revenue Service (IRS) is supposed to process applications within six months, but it’s taking a long time due to concerns about program fraud. Some entities are suing the IRS due to the delay.

Gustafson said the payroll system he inherited has a mix of pay dates for employees, but he decided to get everyone synced up to the end of the month for payment. He is also moving the pay date to the 26th to align with payments to MA from D38. Some staff will see a double paycheck initially. That will not incur an additional expense but will simply reduce the liability accrual. Gustafson said he had made a lot of fixes and would be communicating and reminding staff of this change.

Committee assignments

The board agreed to add a separate East Campus curriculum committee, similar to the separate School Advisory and Accountability (SAAC) committees, and stand down the Human Resources committee. The board discussed and agreed upon the following committee assignments for board members:

  • Highway 105 – Graham; the project should end in about a month.
  • Curriculum West – Emily Belisle.
  • Curriculum East – Clinton.
  • SAAC West – Matt Ross.
  • SAAC East – Jelinda Dygert.
  • Governance – Karen Hoida, Belisle.
  • Finance – Craig Carle, Graham.
  • Building and Facilities – Hoida, Graham.
  • Resource Development Committee – Carle, Clinton.

Highlights

Board meeting highlights include:

  • Graham reported that curbs and gutters were installed on the new road on the south side of the West Campus and that Executive Director Collin Vinchattle and Principal Kurt Walker would communicate the new plan for the car line.
  • Clinton reported on the SAAC East recommendations, noting that two new questions about summer workbooks were added to the survey, but only 60 responses were received. SAAC East recommended the board continue to think outside the box regarding electives, school spirit, and streamlining communication.
  • Registrar Lena Gross reported on enrollment, including retention numbers, noting that exit interview data was pending. Kindergarten enrollment is slightly down, she said, due to the birth rate and the impact of universal preschool in the state. Gustafson noted the preschool fund would have a loss and should be reviewed for viability during the mid-year budget discussion.
  • Hoida reported that the Governance Committee was working on the library policy and expected to have a draft by the next board meeting.
  • The board unanimously approved removing leggings as approved wear for free dress days.
  • The board unanimously approved minor formatting changes to the staff handbook.
  • After discussion, the board unanimously approved Vinchattle’s request to modify MA’s graduation requirements to provide additional state-approved options for math. He noted that MA would still require students to pass the capstone requirement.
  • The board unanimously approved using $1,000 in board funds to put on a Staff Breakfast on Aug. 6.

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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, Aug. 8, at 6:30 p.m. at the East Campus. For more information, visit bit.ly/ma-boe.

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

Other Monument Academy (MA) articles

Woodmoor Water and Sanitation District, July 15 – Contract for pipeline construction awarded

By James Howald

The Woodmoor Water and Sanitation District (WWSD) board met in July to consider awarding a contract for the construction of a pipeline to connect the district’s newest well to the Central Water Treatment Plant (CWTP). General Manager Jessie Shaffer gave the board a mid-year update on the district’s 2024 budget. The board updated its records retention schedule and heard an operational report from Shaffer. The meeting ended with an executive session, after which no action was taken.

Pipeline contract awarded

Shaffer told the board that eight bids were received from companies interested in building a pipeline to connect Well 22, recently drilled just south of County Line Road and east of I-25, with the CWTP, on Deer Creek Road adjacent to the Lewis-Palmer Middle School. The bids ranged from $498,000 to $1.2 million, with T-Bone Construction submitting the lowest bid. The pipeline will run in an easement just west of houses on Doewood Drive and east of the proposed Monument Ridge East development. Shaffer recommended the board authorize an additional $50,000 for change order contingencies. The board voted unanimously to award the contract to T-Bone Construction in the amount Shaffer suggested.

Mid-year budget update

Shaffer told the board that some of the funds budgeted for construction in the 2024 budget would be carried over to 2025 due to delays in the permitting process for the projects. He mentioned two projects that were delayed: the Well 22 pipeline and some of the improvements on Highway 105 required by El Paso County’s work to widen the highway. The Dawson aquifer well near the CWTP, on the other hand, was budgeted at $430, 000 but will cost $525,000, Shaffer said. Long lead times for electrical equipment have delayed the construction of lift stations until next year, requiring adjustments to the 2024 budget. Shaffer said price inflation and unexpected repairs to a backhoe also caused adjustments to the budget.

The board gave their approval for the budget changes as presented.

Record retention policy amended

The board voted unanimously in favor of Resolution 24-02, which establishes the schedule for record retention and destruction.

Manager’s report

In a brief manager’s report, Shaffer said district Engineer Ariel Hacker had resigned her position with the district and accepted a job with a state agency. He said he was interviewing candidates to replace Hacker.

Executive session

The meeting ended with an executive session to discuss the district’s participation in the Loop water reuse project, in particular, the recently drafted Member Agency Financing and Contribution Agreement. No votes were taken following the executive session.

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The next meeting is scheduled for Aug. 12 at 1 p.m. Meetings are usually held on the second Monday of each month at 1 p.m. at the district office at 1845 Woodmoor Drive; please see www.woodmoorwater.com or call 719-488-2525 to verify meeting times and locations.

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

Other Woodmoor Water and Sanitation District (WWSD) articles

Forest Lakes Metropolitan District/Pinon Pines Metropolitan Districts 2 and 3, July 15 and Pinon Pines Metropolitan District 1, July 22 – 2023 audits receive clean opinions

By Natalie Barszcz

The Forest Lakes Metropolitan District (FLMD) Pinon Pines Metropolitan District (PPMD) 2 and 3 boards held a joint special meeting on July 15 at 4 p.m. to conduct public hearings and accept the 2023 audits for FLMD and PPMD’s 2 and 3. On July 22, the PPMD 1 board held a special meeting to hold a public hearing and accept the 2023 audit.

Attending via teleconference were FLMD Manager Ann Nichols, Tom Blunk, CP Real Estate Capital, representing Forest Lakes LLC and Forest Lakes Residential Development, District Attorney Nicole Peykov of Spencer Fane law firm, Sarah Steph, vice president of accounting for Classic Homes, and the following board directors for all three boards: President George Lenz, executive vice president of finance for Classic Homes, Secretary Joe Loidolt, president of Classic Homes, and Steve Schlosser, project manager for Classic Homes.

Treasurer/Secretary Douglas Stimple, chief executive officer of Classic Homes, and Director James Boulton, vice president/project manager of Classic Homes, were excused on July 15.

2023 audit presentation

Lenz opened the public hearing on the 2023 audits for FLMD and PPMD’s 2 and 3. No comments were heard, and the public hearing was closed. Lenz requested Nichols refresh the board with an explanation about the appropriation issue that was approved at the June 14 meeting. See wp.ocn.me/v24n7flmd/.

Nichols said the FLMD budget was amended and approved by the board at the end of 2023; however, the appropriation conveying public infrastructure to other governments at year end for the Falcon Commerce Center phase 2 and FLMD filings 5, 6, and 7 (including the bridge in the west valley) was not made until last month. The district made the entries totaling about $9 million in dedicated public roads to the appropriate entities on time. Although there was no expenditure, the auditors insisted certain journal entries be covered by a board appropriation. Tom Sistere of Hoelting & Company Inc. notified the district that even though there was no actual expenditure of funds, without the amendment the district would likely receive a letter from the state auditor stating the district had exceeded its appropriations. It was worth the effort to make the journal entry corrections and appropriations before submitting the audit to the state, and the auditors agreed, said Nichols.

All three boards unanimously accepted the three audits as presented.

The meeting adjourned at 4:10 p.m. on July 15.

PPMD 1

At the PPMD 1 meeting on July 22, the three-member board accepted the 2023 audit as presented.

Attending via teleconference were Nichols, Peykov, and board directors President Mike Hitchcock, Vice President Mike Slavic and Secretary AJ Slavic.

Hitchcock opened the public hearing and receiving no comments, closed the hearing.

Nichols said the 2023 audit documents had been forwarded to the board for comment before the meeting, and the district had received a “clean opinion” from Hoelting & Sons.

The board unanimously approved the 2023 audit as presented.

The meeting adjourned at 4:12 p.m.

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Meetings are usually held quarterly or when necessary on the first Monday of the month at 4 p.m., via teleconference. Meeting notices are posted at least 24 hours in advance at forestlakesmetrodistrict.com. For general questions, contact Nichols at 719-327-5810, anicholsduffy@aol.com.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Forest Lakes and Pinon Pines Metropolitan District articles

Monument Sanitation District, July 17 – Repair completed without blocking traffic

By Jackie Burhans and James Howald

The Monument Sanitation District (MSD) board met in July to hear a report from District Manager Mark Parker and to discuss final edits to the district’s newsletter, The Pipeline.

No spot repair needed

Parker told the board that repairs to the pipeline running under Highway 105 were complete, and a spot repair anticipated at the last board meeting was found to be unnecessary. Had the spot repair been needed, excavation would have been required and traffic on Highway 105 would have been impacted. Aegion/Insituform, the contractor repairing the pipeline, was able to complete the repair simply by lining the pipeline with no need to excavate, Parker said.

Manager’s report

In his manager’s report, Parker said that Streamline had been hired to bring the district’s website into compliance with the requirements of HB 21-1110 and with the requirements of the Americans with Disabilities Act. Streamline will monitor the website continuously and do all required monthly and quarterly reporting to the state, Parker said, at a cost lower than the cost to the district if the work was done in-house. The website will be completely redone but will retain the same URL as the current page, Parker said. MSD staff will continue to manage the information that is published on the page.

Parker also announced that the district was planning to replace its current accounting company, Haynie & Co., with Numeric Strategies LLC, a company headquartered in Monument. Staff turnover at Haynie & Co. contributed to the decision to make a change, Parker said.

Finally, Parker said the Willow Springs Ranch neighborhood, just south of the Town of Monument, had reached complete buildout. Willow Springs Ranch is part of the MSD service area.

Newsletter gets final edits

The Pipeline, a newsletter to be published by MSD and drafted by Directors Janet Ladowski and John Howe, was reviewed by the board. The newsletter will keep customers up to date on district issues. Howe said he wanted to add some wording to the newsletter pointing out that MSD is not affiliated with the Town of Monument. Operations Manager James Kendrick said that MSD is a “separate and distinct public utility.”

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Monument Sanitation District meetings are held at 9 a.m. on the third Wednesday of the month in the district conference room at 130 Second St., Monument. The next regular meeting is scheduled for Aug. 21. See colorado.gov/msd. For a district service map, see colorado.gov/pacific/msd/district-map-0. Information: 719-481-4886.

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

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

Other Monument Sanitation District (MSD) articles

Triview Metropolitan District, July 18 – Northern Delivery System complete; land annexation approved

By Natalie Barszcz

At the Triview Metropolitan District (TMD) meeting on July 18, the board heard about the Northern Delivery System (NDS) pipeline project completion and the anticipated delivery date of water to the residents, approved a land annexation to the Town of Buena Vista, received an update on the Higby Road pipeline installation, and heard the district had hired a replacement for the retired water utilities superintendent. The board held an executive session to discuss water and land acquisitions, and potential development incentives and intergovernmental agreements.

Directors Amanda Carlton and Jason Gross attended via Zoom.

Treasurer/Secretary James Barnhart was excused.

Northern Delivery System update

Background: The NDS is a six-mile pipeline that will bring the district’s renewable water to Triview and Forest Lakes customers. The district will transition from dependence on nonrenewable Denver Basin groundwater to the district’s acquired water rights. Colorado Springs Utilities (CSU) will convey, treat, and deliver the district’s water via the CSU water tank off Highway 83 (opposite Old Northgate Road). The district constructed a booster pump house containing three pumps near the tank, with the combined capability of moving 4,500 gallons per minute of treated water to the district’s C plant in Sanctuary Pointe. The district’s Denver Basin wells will remain available to provide water on high-demand days and during periods of extreme drought.

District Manager James McGrady said the NDS is about 98% complete and the district is expected to begin pumping water to its customers on July 30. The district has about $536,000 left to pay on the NDS and has paid about $21.744 million so far. Some small items popped up during the construction and design phase that totaled about $400,000, and the district added segment D, an additional 1,000-foot waterline on the west side of I-25, and the overlay of the access road off Highway 83 to the pump station, pushing the project about $1 million over the original budget, but it was not unusual due to the size of the project. The final cost will be about $22.274 million, he said.

Assistant Manager Steve Sheffield said the NDS pump station filled the lines with water, then staff “let it cook” with chlorine overnight and conducted a flush then a bacteriological (Bacti) test and pressure tested the system. The results “came back good and it is all good news.” The utility crews also completed a chlorine injection pump skid at C plant in anticipation of the NDS pump station startup. The potential for additional dosing of chlorine at C plant will be available if necessary. The water quality from Colorado Springs Utilities will need to be determined, he said.

Buena Vista land annexation

McGrady said the district purchased the 293.96-acre Chicago Ranch in Chaffee County and across the road from the Buena Vista rodeo grounds in late 2020 to construct recharge ponds for the district to control water rights associated with the Arkansas Valley Irrigation Canal Co.’s Ditch and change the water rights to municipal uses for the district’s purposes. The annexation process that includes a land annexation plan, plat, and request for a zone change has been submitted to the town of Buena Vista. The masterplan for the project has been approved by the Buena Vista Town Council, and the annexation public hearing meeting is scheduled for Aug. 13. The process has taken three years, and after the public hearing the district anticipates building the recharge ponds next spring. The district will begin diverting water from Cottonwood Creek in Chaffee County, he said.

Land Use Attorney Caitlin Quander of Brownstein Hyatt Farber Schreck LLP said the July 9 meeting application was substantially complete, and the property also requires zoning into the town and annexing. The annexation allows for the creation of public recreation trails and the district’s use of water rights on the property. It is a two-stage process and a “win-win” for the Buena Vista community, said Quander.

Gross asked if any risks to the district could occur with the annexation.

Vice President Anthony Sexton said the district will not receive any compensation for giving Buena Vista the land.

McGrady said the district paid about $35 per acre, which is all that the land is worth because of the moratorium against development in Buena Vista. The town’s goal was to develop the land as open space as it joins the Rodeo Grounds. The Town Council could not figure out how to get the land into the town and obtain the water rights. The district agreed to give up the property that is about 100 miles from Monument. Any accidents on the property would be the town’s responsibility. The annexation has the complete “buy in” from the Buena Vista Town Council, the users, and residents.

The district will contribute 1,040 hours of in-kind contributions or fund $38,000 annually for maintenance of the property for 10 years and provide $100,000 toward the initial infrastructure of a parking lot and a couple of trails. The district’s park and open space crews would spend a few days building trails for public use and access to the ponds. The total cost is about $600,000 without the design fees, McGrady said.

Quander said the town is the processor for the annexation, and the district has avoided a lengthy 1041 process with the county. She requested the board approve Resolution 2024-06 ratifying the annexation of the district-owned property known as Chicago Ranch into the Town of Buena Vista and Resolution 2024-07, which conveys the same property to the town.

Gross said it is a great example of two small communities working together.

McGrady said it is an unusual example, as most big cities along the Front Range muscle into small communities, but the district has earned the trust of the Buena Vista residents.

The board approved both resolutions in a 4-0 vote.

Higby Road update

McGrady said the district began construction of a 12-inch pipeline from Higby Road to create a loop from the east side of the district with a 16-inch pipeline under I-25 to the west side near the Conexus area. The pipeline will be extended south and tie in near Woodmen Valley Chapel north, where another 16-inch pipe exists under I-25, to create a two-source flow of water. The Higby Road pipeline is about two-thirds complete, and crews are expected to reach Bowstring Road by late July.

The next steps will be finishing the storm water drainage, installing the waterline, and relocating the power lines underground. All utilities will need to be installed before the district goes to bid for the widening project. The road will be patched until the widening project begins. A bond could be issued to pay for the widening project in 2025 for Sub-District A that is rapidly being developed south of Higby Road, he said.

Water Utilities update

Sheffield said he interviewed three candidates for the Water Utilities superintendent position vacated by Shawn Sexton upon retirement. Gary Potter, a former employee of Woodmoor Water and Sanitation District who is returning to the area after running a small district in Baca County, was selected and will begin on Aug. 12.

McGrady said the position has been increased to include water accounting experience besides treatment facility operator, and the job title includes raw water collection experience and treatment manager. Potter is also experienced to maximize the water exchanges the district will be making frequently, he said.

Sheffield also said:

  • The district had the highest record of water pumped in June, producing about 48.230 million gallons. It is a big jump from June 2023, which was a high rain month. The district anticipates July will also be high. He is comfortable with the 7% increase in pumped water considering the amount of new construction in the district.
  • A joint meeting at the Upper Monument Creek Regional Waste Water Treatment Facility (UMCRWWTF) with Executive Director/Manager Bill Burks of Tri-Lakes Wastewater Treatment Facility and the UMCRWWTF staff resulted in a decision to hire a third-party calibration of the flumes and meters to discover the influent versus effluent for the district, Forest Lake Metropolitan District, and Donala Water and Sanitation District. See wp.ocn.me/v24n7tmd/.
  • A valve on Leather Chaps Drive near Bear Creek Elementary School had been directly buried without protection at the time of installation and the bonnet bolts were completely corroded. A new gate valve was installed and properly wrapped to prevent corrosion. For some reason, the valves in the area around the school were not inspected correctly when installed and many are beginning to corrode.
  • The Utility Department crews worked with the Public Works Department crews to repair the 2-inch irrigation line on Jackson Creek Parkway near the Taekwondo Center. The Vactor 900 truck also assisted, as crews repaired the defective copper line flare fitting in the irrigation system.
  • The Dish Network cell tower placement on the C plant water tank is mostly completed. District crews supervised the installation of the equipment on the building. The project will be up and running soon after some “right of way” issues are resolved. The district will receive $1,800 per month from Dish Network to use the tank.

Parks and open space update

Superintendent Matt Rayno said the following:

  • The Swing Park Trail (Gleneagle Drive) had serious erosion last spring and repairs are almost complete.
  • The completion of the St. Lawrence Trail that began in spring with installation of 39 steps will be completed down to Glenegale Drive in early September.

Legislative update

Sheffield said that at a water education class he attended recently, a presentation given by the state senator who wrote the resolution about artificial turf installation revealed that the artificial turf replacement ban applies only to non-functional areas such as decorative medians and landscaping, so the Sanctuary Pointe Park sports field would not be restricted because it is a functional area. See wp.ocn.me/v24n7tmd/.

Financial report

McGrady said the district sold a lot of water in June and also in July and has sold over 50 taps to major builders in the Jackson Creek area. The district will likely exceed the estimated taps for 2024 now that Toll Brothers is building in Jackson Creek North with Traylon and Richmond Homes. The district is on target for an unexpected, good year. The district closed the gap on sales tax, receiving a combined total of $300,347 in June, but the discussion regarding sales tax will continue in executive session, he said.

The board approved the checks over $5,000 and accepted the June financial report as presented 4-0.

Note: The district budgeted $1.650 million in combined sales tax for 2024. As of May 31, the district had received $599,390.

Policy and procedures manual updates

McGrady said the staff had been working on the 2024 revisions to the district’s personnel policy and procedures manual for about a year, after being first put together 10 years ago. Since that time a lot of regulations and policies have changed, and Michelle Ferguson of Ireland Stapleton Pryor Pascoe PC Law Firm was hired to implement the changes. Some district staff have been employees for over 10 years, and the district needed to ensure the policies were in compliance with new laws and regulations. The changes are not “over the top or overly punitive, just clear and clean.” He requested the board examine the policy manual and approve the updated manual at the August meeting. A lot of changes to be implemented were driven by staff members, he said.

Executive session

The board moved into an executive session at 7:09 p.m. pursuant to Colorado Revised Statutes sections 24-6-402(4)(a), for the purpose of acquisition of water/land, and 24-6-402(4)(b), for the purpose of determining the positions relative to matters that may be subject to negotiations, developing strategies for negotiations, and instructing negotiators as it relates to potential development incentives.

Sheffield confirmed that after the meeting returned to the regular session, no action was taken, and the meeting adjourned at 8:36 p.m.

Above: The Vactor 900 combination sewer cleaner truck is shown with operator David Clegg during the district’s annual sewer system cleaning in The Heights at Jackson Creek on July 17. The sewer system maintenance team is led by Supervisor/Manager Kevin Fackerell, and the truck is crewed by Clegg and Alejandro Curiel. The district received the truck in September 2023 to avoid outsourcing costly sewer maintenance. The crew is almost finished cleaning the district’s entire sewer system, with only Sanctuary Pointe left to be cleaned. Photo by Natalie Barszcz.

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Meetings are usually held on the third Thursday of the month at the district office located at 16055 Old Forest Point, Suite 302. The next regular board meeting is scheduled for Aug. 22 at 5:30 p.m. For meeting agendas, minutes, and updates, visit triviewmetro.com.

Natalie Barszcz can be reached at nataliebarszcz@ocn.me.

Other Triview Metropolitan District (TMD) articles