11 ways to save the Laurel Clark Fountain

It's hopeless.

That's the word from city officials on the Laurel Clark fountain that was a major Downtown attraction, but is now an elaborate decoration that's off limits to kids. The city is blaming chlorine and a new a state law for shutting down the mega-splash pads. I'm wondering if it's a lack of imagination.

The JT laid out two suggestions in a recent editorial: 1.) Change the state law; and 2.) Ignore enforcement. Those are both good ideas. Here are nine more ways to save the fountain:

3.) Fundraiser - Money was donated to build a fountain to honor Racine's astronaut. Money would be donated to make the needed adjustments to preserve its intended use. One of the most touching moments I've seen in the last 10 years was Clark's husband pulling their son into the fountain at its dedication ceremony. This is one of the best attractions the city has built for children in years. People around the country, even the world, would donate to keep it open to children.

4.) Sell Naming Rights - The fountain was built in Clark's honor, and it's possible a large corporation or private donor would come forward to sponsor the attraction. It could be done tastefully - and effectively.

5.) Charge - If the city needs a lifeguard for the fountain, then follow the zoo's lead and charge a small admission fee. Parents would pay $1 to let their kids splash in the fountain for an hour, and the money would help defray costs.

6.) Talk to Mick Wynhoff - The owner of Pacific Sands says he can use natural ingredients to treat the water without the corrosive effects of chlorine. If successful, it'd be a way to help a local company and save the fountain.

7.) Pepsi Challenge Grant - Kim Wendt and Mitchell Middle School raised $50,000 to rebuild science classrooms with a couple of months of intense effort. Pepsi has a $250,000 category and Racine has a great story about a kids' fountain built for a fallen astronaut to tell. We could do it.

8.) Volunteers - Just find volunteers to do the work and donate the materials. It's a community fountain, so find a community to save it.

9.) BID board - Downtown businesses pay a lot of money into a "business improvement district." Downtown businesses could lead efforts to raise the money needed to save the fountain.

10.) Just pay it - Put the money in the city budget and fix the fountain. When I first moved to Racine the city let the ice rink at Festival Hall fall away. It'd be a shame to see the fountain go the same route.

That said, if nothing else works ...

11.) Shut it down - If the city isn't going to save the fountain, just shut it down. It's a waste of water to run the fountain and keep it off limits to children. Better to leave what was than move forward with whatever is there now.

Maybe one of these works. Maybe a combination works. I just know I've seen Racine do some remarkable things over the last decade. Let's find a way to do one more.

Fountain, turned back on, quickly attracts the kids

After a winter's hibernation, Racine reanimated the Laurel Clark Memorial Fountain, named in honor of the NASA astronaut killed in the Shuttle Columbia disaster in 2003. The spraying water of the splash pad was turned back on Saturday and, as expected, was shortly rediscovered by kids. Despite the morning's chill, half a dozen youngsters were spotted running through the spray around 9 a.m.

Clearly, they hadn't gotten the word that the fountain -- although  built with this wonderful summertime activity in mind --  is now off-limits, thanks to a state law implemented in 2005 that the city announced Friday it will now enforce. Violations are subject to a $75 fine.

Unfortunately, either these kids couldn't read, or they didn't notice the KEEP OUT signs affixed to poles high above their heads. The city, we're told, will not be quick to fine kids, or their parents; preferring an education campaign first.

But the new regulations may not go down well. A father we spoke to this morning -- as he watched his kids run through the spray -- said disgustedly, "They should just rip it out. It's like having a big playground with a sign saying 'don't use it.' "

Racine orders kids out of Laurel Clark Fountain

Racine the Grinch made it official today: Kids may no longer enjoy splashing through the Laurel Clark Memorial Fountain at the lower end of Sixth Street -- even though the popular splash-pad was constructed for them in the first place.

According to the city's press release, the children themselves share some of the blame for the order banning them: 

"Soiled diapers have actually been found and clogged drain areas ...Dogs and other animals have been seen in the fountain...When people walk though, wearing shoes or sandals, they are depositing dirt and other debris that contaminates the water...."

Also to blame are changes in state law, the city says, announcing the shut-down in a release "providing answers to residents' questions." The release came from the Mayor's office -- but no city officials were quoted; this is definitely not something anyone at City Hall wants to take "credit" for.

Two years ago, the city floated the idea of spending $30,000 to fence off the fountain, to keep out the kids it had been built to cool off. The fountain was built in 2002, in part with $50,000 in city money and $150,000 in community donations. State law requiring chlorine (and lifeguards !) took effect in 2005. In 2008 then-Mayor Gary Becker suggested that fountain(s) specifically designed for kids be built at city  parks -- or even a municipal swimming pool. Those ideas went nowhere. In his first preliminary budget submittal, Mayor Dickert  included $330,000, for one splash fountain. The idea went nowhere as well. More background here.

 When asked this afternoon about the potential fines for kids caught in the fountain, Tom Friedel, city administrator, told us "we're going to try to police it, warn people. We're taking it slow." Given current temperatures, he said hopefully, "it's not going to be a problem for a while."

"This is not what we want to do," Friedel said.

When he was mayor -- during the interim between Becker's resignation and Dickert's election -- Fridel said he "tried to put the closure off, tried to get around it. But we just came to the conclusion there is no easy way around it. It's a big investment in plumbing. And a bigger investment long-term for personnel."

Building a splash pad at one or more of the community centers, as Becker had suggested and as Dickert tried to put into his first budget, would have side-stepped some of those costs, Friedel said. "At a community center, we have personnel, we have bathrooms, we have phones and first-aid stations," all of which are required by the state law. The law, by the way, requires "attendants," he said; not the "lifeguards" so often referred to. The attendant is needed as much to keep kids in diapers out of the fountain, to avoid contamination, as for any safety concerns.

Parks and Rec Director Donnie Snow said the potential fine is $75, "but we don't expect to do it; we expect people to comply."

 Here's the city's Q&A press release:

City Providing Answers to Residents' Questions
About Laurel Clark Memorial Fountain

RACINE – In order to keep its residents as well informed as possible, the City of Racine has decided to post and answer some of the most frequently asked questions with regard to the changes being made to the Laurel Clark Memorial Fountain. The fountain is located at the foot of Sixth Street on the lakefront between Pershing and Festival Parks.

What changes are being made in connection with the Laurel Clark Memorial Fountain? The City of Racine Parks, Recreation, and Cultural Services Department has advised that beginning Saturday, May 1, when the fountain is turned on, it will be off limits for playing or use for cooling off. Signs will be posted that the water is not treated and is unsafe and could result in serious injury or disease.

Children have played there for several years, why the change now? When the fountain was built in 2002 it met all State of Wisconsin regulations for use as a “water attraction”. The state has since changed the rules and the fountain no longer meets those regulations.

What is the problem? The fountain was designed with a sand filter. The new regulations require a higher standard to treat and sanitize water which could contain bacteria, viruses, or parasites such as Cryptosporidium that can cause serious illness.

Children are at greatest risk because they are most likely to play in the fountain and they can easily spread pathogens due to wearing diapers, drinking the water, and/or hand to mouth contact.

What is the cause of the problem? Children have been observed in the fountain with diapers. Soiled diapers have actually been found in and clogged drain areas. Dogs and other animals have also been seen in fountain. When people walk though, wearing shoes or sandals, they are depositing dirt and other debris that contaminates the water.

Injury is also a concern because individuals can slip and fall on the wet concrete. These observations made city officials more aware of the possible health hazards associated with people playing in the fountain.

The risk for infection, illness or injury and the increased cost of maintenance has simply become too great to ignore, that combined with fact the fountain no longer meets State of Wisconsin regulations has created the need for the changes.

What about using chlorine? The city added chlorine in 2004 to treat the water in order to make it safe for human contact. However, the chlorine has badly corroded the copper piping which is laid under the fountain’s structure and concrete.

What would it cost to repair and maintain the fountain? The first year’s maintenance and operational costs were $26,500, but grew to $50,000 by 2006. The corrosion problem caused by the chlorine, repair, and maintenance costs ballooned to $82,000 in 2007 and to $96,455 in 2008.

In 2009, the city contracted with an outside company, Aquatica, for an evaluation of the facility. Aquatica noted a number of deficiencies in the fountain’s installation when compared to the new state standards.

To comply with all the new state rules, Aquatica estimated the cost of renovation would exceed $250,000 and operational costs would approach $100, 000 annually. Operational costs include having an attendant on duty.

So, what is the solution? Enjoy the sound and beauty of the fountain. Don’t put your children or yourself at risk by playing in the fountain or drinking the fountain water.

Is there a penalty involved for failure to comply? Yes, individuals found violating this park rule could be fined, per sec. 70-82 of the municipal code.

Are there any options available? Yes, make use of our nationally recognized, award-winning “Blue Wave Beach”. North Beach is an excellent alternative location served by lifeguards beginning June 5, with toilet facilities, picnic areas, phones, and refreshments available from Memorial Day – Labor Day.

Where can I get more information? Call the City of Racine Parks, Recreation, and Cultural Services Department at 262-636-9131.

Health Department: State code requires attendent at Laurel Clark Fountain

I just interviewed City Health Director Janelle Grammer and Environmental Health Sanitarian Keith Hendricks about the Laurel Clark Fountain. Grammer and Hendricks play an important role in the discussion because they're required to enforce state code for the fountain.

Here's their conclusions:

1. A new state code, implemented this year, requires an attendant at the fountain whenever people are in the water. The code actually leaves this ambiguous, but Hendricks said he received an interpretation from the state that said an attendant would have to be there whenever the fountain is running.

2. The city is required to enforce the state code, Grammer said. When asked what would happen if the city chose not to enforce the code, Grammer said this was not a possibility.

3. I asked how hotel pools, where there's a clear risk of drowning, can get away with posting a "No Lifeguard on Duty" sign while splash pads like the Laurel Clark Fountain require an attendant. Hendricks said he asked the state the same question, and was not given a clear answer.

4. When asked if there was any question as to whether an attendant was required at the fountain, Hendricks said: "There is no question whatsoever." (This is an important issue because the city would have to pay someone to watch the fountain whenever kids are splashing in the water. This could cost $15,000 a year, money the city may not have.)

5. Hendricks said the state updated its code this year. The city was out of compliance with the state code this summer.

6. The city could request a variance from the state to run the fountain unattended, Grammer said. It's unlikely they would get one, because Milwaukee and other communities throughout the state have splash pads and they provide attendants for them, Hendricks said.

7. There was talk of limiting the hours of the fountain to make it more affordable to run, Hendricks said. But that idea was dismissed because the intent of the fountain was to be "attractive."

8. The fountain was not built with a chlorine system. The chlorine intake system was later added, which led to pumps being eroded, Hendricks said.

9. The chlorine is needed. There are documented cases of untreated "splash" fountains leading to outbreaks of E. coli, Hendricks said. "Numerous people became ill," he said.

Background on the Laurel Clark Fountain controversy

For anyone trying to dig into the Laurel Clark Fountain controversy, here are some resources to look at:

Snow's Memo

Here's the memo Donnie Snow wrote to Mayor Becker and City Administrator Ben Hughes on July 3. It lays out the case for shutting down the fountain.

State Standard

Here is the state standard that regulates use of the fountain, known as an "interactive play attraction" to the state. According to the standard, the Laurel Clark Fountain would require an attendant (not a lifeguard) to be on the premises and provide period supervision.

It's hard to say what the "premises" would be for the fountain, but it's hard to imagine an existing city employee couldn't be assigned to check in on the fountain throughout the day. Would it really cost $15,000 to $30,000 a year to have someone check on the fountain? No city official does that now?

In his memo, Snow confuses the issue by suggesting two attendants would be needed to monitor the fountain. It appears, at most, one attendant is needed.

It also seems common sense would apply. If hotels can post a sign that says "No Lifeguard on Duty" and still allow people to swim, there must be a way to allow kids to splash in a zero-depth fountain without an attendant constantly present. Who would enforce the attendant rule? It seems like a red herring to increase estimates of how expensive it is to run the fountain.

See the city's response here.

Original Use

There are suggestions that the fountain was not built with the intention of children splashing in the water, and as a result the city has had to pay $50,000 to $82,000 a year in unanticipated costs to maintain the fountain.

It's clear from news stories dating back to 2000 that a splash fountain was envisioned for the Johnson Parkway. It was being used as such in 2002, and every summer since.

It's likely Snow and the city are trying to save money, and they've targeted the fountain as an area where they can trim. Their plan is to build a $30,000 chain-link fence around the fountain and apparently recirculate water without chlorine. The lack of chlorine will slow wear and tear on the pumps, but it won't completely eliminate maintenance on the fountain (unless they intend to let it go the way of the city's Festival Hall ice rink). There will still be annual costs. What are those costs?

Chlorine

In his memo, Donnie Snow says the city installed a chlorine intake system in 2004 "after it became evident that the public wanted to use the fountain as a splash pad." (Actually, it was the designers and city planners who wanted the fountain used as a splash pad. Just look at it's design! It was made to walk in.)

The city may have installed a new system in 2004, but it was already using chlorine in the fountain in 2003. The JT reported on it in its Glad You Asked column:

Q: Does the Dr. Laurel Clark Memorial Fountain use fresh water or does it recirculate the same water? If it is recirculated, how is the water sanitized?

A: Rick Jones of the city's Public Works Department was a fountain of information for Glad You Asked. He told us the water in the Laurel Clark Memorial Fountain is recycled. "We have a very elaborate filtration system," he said. The system, which is underground, uses both chlorine and ozone to clean the water before it is recycled, he said. Additionally the water is tested on a daily basis and there are also regular tests of the spray water to check for microbes. The fountain, by the way, closed for the winter on Oct. 1, but will be back spraying and bubbling in spring on May 1.

Becker prefers other fountain(s) for kids

Well, that didn't take long.

Word Wednesday about the potential closing of Downtown's summer kid magnet, the Laurel Clark memorial fountain, has brought a response from Mayor Gary Becker. Becker wants to see more fountains for kids, not fewer -- but he'd rather build new ones at existing community centers than upgrade the one kids now enjoy at the east end of Sam Johnson Parkway. His plan could save on personnel costs, if fountain attendants were drawn from existing center employees, he said.

Donnie Snow, Racine's Parks and Recreation Director, estimated this week it might cost $175,000 to rehab the existing fountain for kids' continued use, plus the cost of attendants, chemicals and water.

Meanwhile, the husband of astronaut Laurel Clark, who spent her high school years in Racine, said he was disappointed to hear that the fountain might be enclosed by a fence to keep kids out. Jonathan Clark is quoted in today's Journal Times saying, "To not allow it to be an interactive fountain is really unfortunate. I think (Laurel) would have felt the same way ... She was very much a water person and valued kids’ activities as a part of learning."

The only problem with Becker's plan is cost: He estimates the bill for two new kids' fountains at $400,000. But the fountain constructed in 2001 -- almost two years before the space shuttle exploded upon re-entry -- cost $700,000 to build.

And the only reason Snow brought the matter before the City Council this week was budgetary -- his fears that maintaining the fountain might force layoffs elsewhere as chlorine damaged the fountain's innards requiring continued repairs, and the rising cost of chemicals and water -- not to mention salaries for the newly-required attendants. Nowhere in Snow's memorandum, however, was a figure as large as $400,000...

Regency Mall pursuing year-round, indoor pool

Curt Pruitt, manager of Regency Mall, wrote us with an interesting response to the brewing controversy over whether kids will be able to continue splashing around in the Laurel Clark Fountain in Downtown Racine.

I'm still seeking an operator who is interested in taking the 27,500 square foot front-facing bankrupt Linens 'N' Things space to create a huge indoor (read - year-round!) water park. I'm totally unfamiliar with water park "requirements" and "needs," but would appreciate the opportunity to negotiate with someone who might agree that the Racine community would support such a facility.

Mayor Becker has turned me down as he's seeking much more acreage than I have available. Additionally, he's not interested in taking any of our parcels "off" the tax roles (understandable). Consequently, if there's an enterprising investor who would like to break new ground in a regional shopping mall, feel free to have them contact me.

Pete reported on this awhile back.

No pool for Racine kids. Now no fountain, either?

Oh, the irony!

For 20 years, the block sat empty, a parking lot for postal vehicles, an eyesore at the heart of Racine. The city finally got its act together in the new millennium: the Johnson Building was built on much of the lot opposite Monument Square, Sam Johnson Parkway was created, providing a view to the lake, a place to sit, anchored by a lovely fountain at its base, built in 2001 as part of the larger Main Street rehabilitation. The whole parkway project cost $2.3 million; the fountain itself $700,000.

On hot summer days, the fountain -- once officially named "Splash Square" but never called that by anyone -- rings with the laughter of children.

What could be nicer?

Ah, but in one of those ironies of government, exacerbated by shrinking budgets, the city is now contemplating spending $30,000 to build a fence to keep the kids out.

Surely, there's a better answer! But it will be costly.

The fountain today is more than just a well-used amenity for little kids in bathing suits, dashing through the spray. Out of tragedy, came significance: the fountain was overlaid with mementos of Racine native Laurel Clark, one of seven astronauts killed when the space shuttle Columbia exploded upon re-entry into the Earth's atmosphere on Feb. 1, 2003.

Thanks to about $150,000 in public donations, and $50,000 in city money, the fountain became a memorial -- but one which still rings with the laughter of children enjoying the water spray while their mothers sit nearby.

What could be better? Not much. A Journal Times article last year, "Hot Tips to Stay Cool," listed this as No. 10: "The Dr. Laurel Blair Salton Clark Memorial Fountain, Sam Johnson Parkway in Downtown Racine: It's a great place to splash around, especially for kids."

In fact, when the memorial part of the fountain was finally being completed in September 2007, Brian O'Connell, city development director, explained why no work was done during the summer: “We didn’t want to have the fountain out of commission in the summer,” he said. “We wanted it available for kids to play."

Well, that was then. This is now.

City Parks and Recreation Director Donnie Snow sent a memo to the City Council this week pointing out the high cost of operating the fountain -- especially as an amenity for kids rather than just something to look at. Turns out, when the fountain was first constructed, nobody expected that kids would be attracted "in great numbers... to play in the jetted waters of the fountain... therefore causing the fountain to be used as a 'Splash Pad' rather than a fountain to just sit and view aesthetically."

Because kids starting to use the fountain, state codes had to be met: the water had to be treated with chemicals just as a swimming pool. And those chemicals -- primarily chlorine -- "compromised" the pumps and motors and copper pipes not designed for them. Repairs and maintenance last year cost $82,000, Snow said, up from $50,000 the year before.

Snow says the city could remove the chlorine system it installed in 2004 and upgrade the fountain to accommodate fresh water -- for $175,000. Oh, and then the water bill would be $130,000 a year.

Regardless, if kids are permitted in the fountain, he says, city and state health codes require an attendant -- at a cost of $31,000 a year.

Snow -- who shouldn't be considered the bad guy in all this -- acknowledges that if the city had built the fountain with kids in mind, "some of these costs could have been averted." But now he says, "when you weigh the alternatives, I think it would be even more heartbreaking if we didn't treat the water properly and regulate the chemicals. It cuts both ways. It would be nice to have a water attraction kids can go into."

The fence, he said, "was a proposal we made to the mayor in terms of cost. If you asked us, when faced with other costs, with eliminating positions, where do we look to cut costs? This is something people can enjoy aesthetically; it doesn't have to be something kids can play in.

"If it came down to kids using the fountain vs. cutting a position, my recommendation would be to make this an aesthetic fountain for viewing and not one for kids to play in."

Still, memory sends me back to the archives. Why, here's a quote from Mayor Gary Becker -- as recently as this past June! -- lamenting the fact that Racine doesn't have a municipal swimming pool. Hasn't had one since the 1960s, in fact: "Find me another community our size without municipal swimming pools," Becker said. "It’s a great place for kids to go in summer. They become great community meeting places." Snow, too, recalls learning to swim in the Washington Park Pool, closed in 1968 when the city chose not to spend $200,000 on repairs.

OK, the Laurel Salton Clark Memorial Plaza isn't a municipal swimming pool, far from it. But it's the closest thing we've got. Doesn't say much that it kinda, sorta developed on its own. Would say even less if the city now fences it off -- without offering the kids any alternative. Just my .02 cents.