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Articles from Vol. 23 No 10 - October 7, 2023

El Paso Board of County Commissioners, Aug. 29 and Sept. 14, 26, and 28. Approvals for the Flying Horse North service plan and increased parking at Pumpkin Patch

By Helen Walklett

During September, the El Paso Board of County Commissioners (BOCC) approved the Flying Horse North (FHN) service plan with a total debt cap of $400 million, the largest of any El Paso County metro district. It also heard a special use application from Colorado Pumpkin Patch to increase the allowed parking numbers at its pumpkin patch. The commissioners also made decisions relating to a Tri-Lakes area property and received a Tri-Lakes Cares update.

Flying Horse North service plan

At the Sept. 28 BOCC land use meeting, the commissioners voted to approve the service plan for FHN Metropolitan Districts Nos. 1-5.

The application came to the BOCC from the Aug. 3 El Paso County Planning Commission hearing with a 5-3 vote recommending approval. The commissioners opposed at that meeting questioned the district’s financial ability to discharge the proposed indebtedness on a reasonable basis.

The 910-acre area covered by the plan is the property for which a revised sketch plan was approved in November 2022. See https://www.ocn.me/v22n12.htm#epbocc.

Attorney Russ Dykstra, partner, Spencer Fane, representing the applicants, said they had taken the Planning Commission’s concerns very seriously and had revised the financial plan after further analysis, reducing the estimated home values for the hotel and custom lot single-family homes to $3.5 million and the branded flats to $2.5 million. As a result, the maximum authorized debt limit had been reduced from $450 million to $400 million to reflect the reduced estimated debt capacity of the districts. The buildout has been extended from six to 11 years to address potential slowdowns in construction of the project. The service plan includes a debt service mill levy of 50 mills for commercial and residential property, and an operations and maintenance mill levy of 15 mills, for a total maximum combined mill levy of 65 mills.

Kari Parsons, senior planner, Planning and Community Development Department, said the statutory purposes of the district would be very standard and would include street improvements, the design, construction, and maintenance of drainage, sanitation, and recreation facilities, and covenant enforcement.

The residential portion of the development is about 844 acres and will be located in districts 2-4 with the commercial development being located in 1 and 5. Commissioner Longinos Gonzalez Jr. was concerned that District 1, which is commercial in nature, will be the operations and construction district with financial leadership. He asked if residents would ever be able to get control of that district. Meggan Herington, executive director, Planning and Community Development, said it was her understanding that property owners within the district would be in control of it, i.e., whoever owns the commercial property unless some residential is built on the portion for which nothing is yet planned.

During the public comment part of the hearing, three people spoke against the application. No one spoke in support.

Joe Hall, a High Forest Ranch resident, said the bond issuance is not reasonable because the applicant is relying heavily on a refinance in 10 years at a lower interest rate when financial projections beyond 10 years are highly unreliable. With regard to interest rates which the applicant had said would be at 4% in 2035, he commented, “I don’t know what it [the interest rate] is going to be but neither does the applicant. The amount of this debt issuance is more than $400,000 per approved lot. It’s nuts.”

FHN resident Phil Shecter, who has spoken against the FHN revised sketch plan in the past, addressed the hearing at length using time donated by others. He said wording in the applicant’s documentation allows property within five miles of the districts’ boundaries to be brought in and taxed despite county staff and the applicant saying the districts will not affect other properties. He questioned the justification for the service plan when there was no commitment from any hotel developer. Shecter also told the commissioners that neighbors to the 912 acres covered by the FHN sketch plan had received notification from the developer that it was proposing the sale of 50, 2.5-acre lots on well and septic. These would be within the metro districts’ boundaries but would get no benefit from that in terms of water and wastewater services. He urged the commissioners to deny the application until a hotel contract and a preliminary plan are in place.

Rick Stauch, a Cathedral Pines resident, spoke in his capacity as vice president of the Board of Directors of the Cathedral Pines Metropolitan District and to represent the homeowners associations of Cathedral Pines and the surrounding communities and the FHN residents. He said resale of the planned FHN properties would be difficult due to the tax structure because prospective buyers would be faced with very high property taxes. He questioned the assumption that a branded hotel will come given the limited year-round leisure activities in the area.

He asked, “Does this proposal demonstrate that the proposed districts have or will have the financial ability to discharge the proposed indebtedness on a reasonable basis? We don’t think so. I mean why would a homebuyer want to purchase a home in an area with some of the highest property taxes in the county when there are other desirable areas nearby that don’t have same the tax burden?” Stating that there are several problems with the service plan as written, with many ambiguities, inconsistencies, and inaccuracies, he urged the commissioners to have the applicant rewrite the plan. He ended, “The future residents of FHN need and frankly deserve your protection. Please do not approve this proposal.”

In rebuttal, Dykstra said the districts had no power to force property owners outside the boundaries to join them, but owners could petition to be allowed to join should they wish. Lori Seago, senior assistant county attorney, had earlier also clarified this, stating that it could not occur without the consent of the property owner. He said the presentation of the service plan was not premature as Shecter had suggested but necessary as the developer needed to know finance was available for the needed infrastructure before going any further.

Gonzalez voiced his concerns about the service plan and the economic feasibility of the project, citing other developments with much less debt maximums that were providing a lot more housing. “When we see something at $400 million of debt, it asks the question, you must ask the question “is this viable?’ He asked, “Is this project even viable if you’re having to ask for something that is twice as much as any other district is utilizing?”

He continued, “Does it make sense to do so [approve $400 million of debt for 900 homes] for what would be the richest neighborhood in entire El Paso County and have the most debt for a metro district? And why that concerns me secondarily is because we provide specific ownership tax to these projects. So, we are subsidizing in part to these projects.”

He said, “I still have great concerns about the fact that the way this district system is set up will not allow residents to have say in the way finances will happen. Now the applicant stated at some point the residents will take over but, as was stated before, by our planning director, District 1 has commercial and the fitness center but there was no stated specific plan for what would happen in that one corner of commercial. If it’s not commercial, then the whole district and the finances for the entire metro district will be planned by the fitness center. I don’t think that’s going to be sold to a third party, that’s going to be owned by the developer. The developer potentially will have control of this district forever and residents will never have a chance to have control of this metro district. That’s the possibility that exists with this. I think that’s unacceptable. We’re supposed to be representing everybody including the applicant but also the residents and if we’re not going to stand by residents having some kind of control, that doesn’t make sense to me.” “It doesn’t make sense and residents will look at us, El Paso County residents will look at us, and we lose credibility I think if this gets approved this way.”

Gonzalez then moved to deny but the motion failed as there was no second.

Commissioner Holly Williams said she appreciated the applicant’s effort to reduce the amount of debt being asked for and the extra fees placed on some of the commercial parts to help pay down the debt. She also stated the homeowners would have the opportunity to serve on the board. She moved to approve and was seconded by Commissioner Stan VanderWerf.

VanderWerf commented, “I really do appreciate the comments from Commissioner Gonzalez. Sometimes he is truly the conscience of some of the issues that we have before us. But we do have a severe, severe housing shortage and some people have a lot of money and can afford to do these kinds of things and other people don’t and we have to be responsible I think for a wide variety of people that have different levels of wealth.”

Gonzalez commented, “I think the application with all the inclusions is an insult to the public and to residents and all El Paso County.” He moved three amendments to the motion, but the legal advice was that they were beyond the scope of the board’s authority on the matter.

Gonzalez commented, “I absolutely believe we will lose credibility today based on what I’m about to see happen right now and people are going to respect this board less. I think I’m going to respect this board a lot less after what I am about to see.”

The vote to approve was 3-1. Gonzalez was the no vote and Commissioner Carrie Geitner was excused.

Gonzalez said, “I’d like us to look at our code again because if we’re going to approve this, we have no rationale to disapprove any in the future so we might as well give administrative control over metro districts to our director because I think she’ll probably do a better job than what I just saw today.”

Colorado Pumpkin Patch special use permit approved

At the Sept. 14 BOCC land use meeting, the commissioners approved a special use permit for an increase in parking numbers for the Colorado Pumpkin Patch at the Colorado Kids Ranch. The hearing lasted almost eight hours.

Above: Arguments were made both for and against the Colorado Pumpkin Patch’s proposed increase of parking space to accommodate its growing popularity at the Sept. 7 El Paso County Planning Commission meeting. The Planning Commission voted it down, but the El Paso Board of County Commissioners voted on Sept. 14 to allow the increase in parking as well as open a discussion to perhaps allow access to Highway 105. Photo by Chris Jeub.

The application came to the BOCC from the Sept. 7 Planning Commission meeting with a recommendation for denial by a 5-3 vote. The Planning Commission had concerns about traffic, neighborhood safety, and the number of vehicles permitted on-site. There was also significant discussion about the conditions of approval and the timing of required road improvements.

The 40-acre Monument property is located off Highway 105 and is zoned RR-5 (residential rural). Since 2018, owner John (JD) Chapman has operated an agritainment business which is a permitted use under the zoning and limits cars to a maximum of 50. The Pumpkin Patch operates for six weeks every year, beginning in late September. Chapman also holds a tulip festival over two weekends in May and runs summer youth camps. His nonprofit, the Johnny Pumpkinseed Program, allows families with foster or special needs children to enjoy the pumpkin patch for free.

As the pumpkin patch became more successful, the number of cars parking at the property exceeded the permitted 50. This generated complaints from neighbors which saw the county issue code violations and led to Chapman applying for a special use permit to increase the parking cap to 325. Although the property is adjacent to Highway 105, it does not have direct access to it and so visitors use Canterbury Drive and then the unpaved Saddlewood Road to reach the property.

The county has received a lot of correspondence about the traffic driving to and from the property, both in support and opposition. At the Planning Commission, neighbors raised concerns about traffic congestion, public safety, noise, dust, fire danger in a heavily wooded area with no hydrants, and littering.

Eleven citizens voiced these complaints again at the BOCC hearing. Neighbor Rikki Van Pelt said, “My kids personally were almost hit on our own property. We’ve had people drive through our backyard to try to find the pumpkin patch.” Other neighbors testified to the volume and speed of traffic making it dangerous to walk or ride horses in the neighborhood when the Pumpkin Patch is in operation. One neighbor stated that the particulates in the dust could stay airborne for 10 days and questioned what carcinogens or other contaminants might be in it.

Eleven citizens spoke in support, commenting that the patch provided good family entertainment in a safe place, created community, and gave families the opportunity to reconnect with agriculture and farming. Many commented that Chapman provides valuable work opportunities for young people and commended his mentoring of young employees.

The commissioners heard that county staff had recommended several road improvements both on and off the property to be paid for by Chapman as part of the special use permit and to mitigate the neighbors’ concerns. These include turn lanes on Highway 105 at Canterbury Drive, the paving of Saddlewood Road up to the property’s entrance, asphalt chippings in the parking lot and driveway, and a privacy fence on the western boundary. The recommendation was that all be completed by September 2024.

Nina Ruiz of Vertex Consulting Services, representing the owner, said Chapman was willing to make all the required improvements but would need longer to be able to afford them. Chapman is proposing an alternative timeline which would see the improvements completed in stages up to the end of 2028. Craig Dossey, also with Vertex, mentioned the cost of the improvements again as he argued for the special permit stating, “Quite frankly, if he’s [Chapman] asked to do $1 million of improvements, he needs to have more income. That’s business. That’s just good business. He can’t afford $1 million of improvements both onsite and offsite and operate six weeks of the year.”

Earlier in the year, Chapman applied for a deviation to allow direct access from Highway 105 which was denied as county plans to reduce the number of access points directly onto the highway as part of its Highway 105 Improvements Project. The proposed access would also have been too close to other access points, raising safety concerns. Both Ruiz and Dossey argued again for access direct from the highway during the events, stating this would also be the neighbors’ preferred solution and would reduce Chapman’s costs.

Addressing the commissioners, Dossey said, “Today’s the day to help a small business continue to survive.” He added, “Agricultural uses are going by the wayside. If we do not allow them to supplement their income, they will be gone.”

The vote to approve was 4-0 with Gonzalez absent. The commissioners adopted the longer time limits proposed by Chapman with the intention that the longer timeframe be used to explore further the possibility of access from Highway 105. Moving for approval, Commissioner Carrie Geitner said, “I’ll say for my part specifically, I’m not convinced that routing the traffic through the neighborhood is more safe than providing an additional access point [on Highway 105], and safety is a primary concern.”

The Pumpkin Patch opened for the 2023 season two days after the hearing, on Sept. 16. See photo and caption on page < 1 >.

Neighbor David Elson addressed the Sept. 23 Planning Commission meeting to thank the commissioners for their Sept. 7 decision on the application and to criticize that of the BOCC. He said, “Our neighborhood’s residents feel betrayed by the commissioners who cast aside our land code’s restrictions in favor of a specific interest and their own self-interest.” He continued, “The agritainment concept is relatively new, being adopted by the code in 2017. It was written specifically to enable the Colorado Pumpkin Patch to relocate from its proximity to Matthew Dunston’s Preserve at Walden housing development into our neighborhood, zoned residential.” “Having donated a 23-acre site for the construction of Monument Academy High School and after his donations of thousands of dollars to election campaign funds of current county commissioners, Matthew Dunston is the darling of the commissioners and the track record shows that what Matthew Dunston wants from the commissioners, he gets from the commissioners.”

He spoke again at the Sept. 28 BOCC land use meeting to suggest that Dunston had in some way influenced the decision, stating, “Why does he so dearly want 325 vehicles on the Colorado Pumpkin Patch property? Well, you don’t have to look any further than the fact that two years ago, he bought 40 acres 2,000 feet away from Colorado Pumpkin Patch on the east side of our Canterbury Estates neighborhood.” Elson ran out of time before he could explain further and said he would send that information to the commissioners via email.

Steppler Road rezone

Also at the Sept. 28 meeting, the commissioners voted to approve an application by Charlie Stewart to rezone his 36-acre property at 16850 Steppler Road, half a mile from the intersection of Settlers Ranch Road and Steppler Road, from RR-5 (residential rural) to RR 2.5 (residential rural).

The application was treated as a consent item, meaning there was no discussion. It came from the Sept. 7 Planning Commission meeting with a 6-1 vote recommending approval. Commissioner Brandy Merriam was the no vote due to concerns about losing land for livestock in the eastern part of the county.

The property currently consists of a single-family home and cattle/ranching infrastructure. The applicant’s intention is to plat 2.5-acre residential lots in the future.

Tri-Lakes Cares update

The commissioners approved the submission of a Community Services Block Grant application at the Sept. 26 meeting. Haley Chapin, executive director, Tri-Lakes Cares, which receives part of its funding through the grant, spoke in the public comment portion of the meeting to thank them, telling the commissioners that requests for support have not gone back to pre-pandemic levels but continue to increase. At the same time, available funding has been reduced as COVID-associated funding has been taken away. She said increasing inflation is also affecting many.

Commissioner Holly Williams said, “The money has now been cut back to what would now be a post-COVID level, which is what we expected, but there’s just a lot of struggles for many people in the community to feed their families.”

Chapin said the mix of clients seeking assistance had diversified a little more on the income continuum, “We are seeing people who make more and are now in need. It’s starting to creep into the middle-class space.”

Other decisions

  • Aug. 29—the commissioners approved the appointment of James Byers as a regular member of the Planning Commission. His term runs until Aug. 29, 2026.
  • Aug. 29—approved a special warranty deed and a temporary construction easement associated with the Beacon Lite Road/County Line Road improvements project. They are associated with property owned by David K. Chin and come at a cost of $19,000.

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

Other El Paso County Board of County Commissioners articles

Monument Fire District, Sept. 27. Fleet purchase approved; budget impact of Nov. ballot items; community paramedic proposed

Monument Fire District, Sept. 27. Fleet purchase approved; budget impact of Nov. ballot items; community paramedic proposed.

By Natalie Barszcz

At the Monument Fire District (MFD) meeting on Sept. 27, the board approved two new engines, received the first presentation of the proposed 2024 budget, and heard about a proposed community paramedic concept.

President Mike Smaldino was excused.

Two engines approved

Secretary Jason Buckingham requested the board approve resolution 2023-05 of the Board of Directors of a lease-purchase agreement with PNC Equipment Finance LLC for the financing of two new Pierce Velocity Pumper Engines and authorizing the execution and delivery of them. See www.ocn.me/v23n9.htm#mfd.

Division Chief of Administration/Fire Marshal Jamey Bumgarner said that nothing in the original proposal presented at the August board meeting had changed, and the delivery is estimated to be in 2025. The total for the two engines is estimated to be about $1.712 million.

The board approved the resolution, 6-0.

2024 budget presentation

Fire Chief Andy Kovacs presented the first look at the proposed 2024 budget and said:

  • The county assessor provided the assessed valuation numbers for the property tax revenue for 2024, with and without the passing of Proposition HH. (Proposition HH is a question on the November ballot proposing a statewide bill that would implement property tax reductions and allow the state to retain and spend excess state revenue.)
  • If Resolution HH fails, the state Legislature is already working on another tax measure for 2024. Initiative 50 would put a 4% cap on revenue and continue to impact special districts.
  • The district estimates about $15.1 million in property tax revenue and about $22 million in total revenue for 2024 (includes $4.1 million for contractual services for the Donald Wescott Fire Protection District (DWFPD). The total projected revenue for Wescott in 2024 is expected to be about $4.3 million.
  • The TABOR fund requires 3% of the total revenue be retained by the district. The amount will increase with the property tax revenue increase.
  • The district proposes lowering the mill levy to 18.4 after raising it last year to 18.83 to offset the loss of revenue from the temporary residential assessment rate drop. See www.ocn.me/v22n12.htm#mfd.
  • If Referendum HH passes in November, staff will present a modified budget based on the new assessed property valuations.

Treasurer Tom Kelly asked what would happen if the ballot initiative 6A/6B for Gleneagle residents does not pass in November.

Kovacs said the budget would be adjusted and the property tax of 7 mills and 21.9 mills will remain for Gleneagle residents.

Above: A banner displayed at the corner of Gleneagle Drive and Baptist Road asks residents to vote yes on 6A and 6B in the upcoming November election. The Gleneagle Safety Committee paid for the signs displayed throughout the neighborhood with a unanimous pledge of $10,000 from the Local 4319 branch of the International Firefighters Association. If both ballot questions pass, the residents will lower the mill levy for fire and EMS services and allow the merger between Donald Wescott Fire Protection District and Monument Fire District to be completed in 2024. The Joint Factual Summary for the Donald Wescott sub-district dissolution process explaining the ballot initiative can be found at www. monumentfire.org. Photo by Natalie Barszcz.

Apparatus and facilities costs

Kovacs gave examples of the rising costs of firefighting apparatus, and said:

  • In 2004, the district purchased an engine for about $230,000, in 2019 the district purchased an engine for $727,000, in 2022 the district purchased two engines for $841,000 each, and now a new engine costs about $946,000.
  • The cost of fire apparatus has accelerated over time, and building construction costs have recently increased to $800-$1,000 per square foot.
  • The district is proposing to purchase a Type 6 Engine (brush truck), a replacement ambulance, and an F150 administrative truck, in 2024.
  • The district hopes to begin the remodel of Station 4, purchase land for a future station, rebuild Station 3 at a location north of the YMCA off Jackson Creek Parkway (will include the district administrative offices), and invest in a regional public safety training center.

Impact fees

Kovacs said the impact fees collected from the district growth must be spent during the growth period, so to make sure they are distributed legally: $500,000 will be used to purchase land for a future Station 6, $500,000 will be contributed to the rebuild of Station 3, and $500,000 will be used for the Training Center. The Impact Fee Fund will continue to increase in revenue until everything is built out, but the district cannot use the funding to purchase any capital expenditure outright, he said.

Budget priorities 2024

Kovacs said the department priorities are:

  • A competitive salary and benefits package including a wage increase of 3% as a cost-of-living adjustment (COLA) for all employees, the introduction of a 2% per pay period district matching optional 457 retirement savings plan, and an increase in the sick time benefit from 96 hours to 120 hours.
  • Training and educational opportunities for all employees, with the existing assistance program.
  • Hiring three entry-level firefighters and create a position for a fire inspector and an administrative training officer position.
  • Investment in capital facilities. A recent survey indicated the firefighters rate the facilities as average and below.
  • Investment in capital fleet and equipment.
  • The continuation of funds set aside for future capital purchases.
  • Agency accreditation in spring 2025.
  • The 2022-26 Strategic Plan, a roadmap for the future of the fire district, includes community expectations and what the district is hoping to achieve. The plan was formulated from a combination of input from a community stakeholders meeting, input from the firefighters and the administrative staff, and the findings of the Master Plan conducted by Emergency Services Consulting International in 2019.

The second budget presentation will be in October and is subject to modifications, followed by a public hearing in November, said Kovacs.

Community paramedic proposal

Paramedic Carrie Fuller said she had been trying to implement a community paramedic pilot program over the past several years. The program would cut down on 911 transports, keep patients safer by avoiding unnecessary emergency room visits, and save money over time. The Colorado Springs Fire Department and South Metro Fire Rescue already have robust programs, and the district calls are 80% fall assistance and 11% mental health.

The district would also introduce a Fall Reduction Program for the two nursing homes in the district where most of the fall assist calls are generated. Home risk assessments could be provided, and the district would mimic the Woodland Park Mental Health program. After the program is underway, additional educational programs could be added. The community paramedic program would not require additional personnel for 2024 and would be filled by the existing staff in dual roles, including an EMS department educator, and could include a contract with a mental health provider, she said.

Kovacs said the district needs to ensure the right resource is sent to each call and avoid sending a $950,000 engine to assist with a fall or to a toxicology situation. The community paramedic program would relieve some of the burden on the health care system and avoid transporting patients who do not need to be occupying emergency room beds. The current setup is not an effective way of taking care of the problem and creates costly wear and tear on apparatus and high diesel fuel costs, he said.

Staff kudos

Kovacs congratulated Fuller for receiving a Bachelor of Arts and Science degree in Community Health. He also congratulated Battalion Chief of EMS Sean Pearson for representing the district with a presentation on mass casualty incidents at the University of Colorado health trauma conference at the Antlers Hotel.

Chief’s report

Kovacs said the following:

  • The district received $3,730 from the Colorado Special Districts Safety Grant. The proceeds will be used to fund a portion of the district’s snowplow.
  • He thanked the Social Committee of High Forest Ranch Homeowners Association for donating $1,092 to the district.
  • Local 4319 unanimously voted to contribute $10,000 for campaign materials for the Wescott ballot initiative. See photo with caption.
  • The Annual Fill the Boot Campaign for the Muscular Dystrophy Association raised $8,495.

Staffing update

Division Chief of Operations Jonathan Bradley said Lt. Keith Barker will be the first to occupy the rotational position of administrative training officer. The district recently lost Firefighter/Paramedic Taylor Neill to the Grand Junction Fire Department, an EMS/Paramedic requested training to become a firefighter, and a trainee recently dropped out of firefighter academy training. The district will have a total of six firefighters entering a Firefighter Training Academy in 2024.

Community Connect signup available

Kovacs said residents and businesses and property managers could create an account on Community Connect via the district website to provide valuable information that can help the Fire Department assist more effectively during an emergency. See www.monumentfire.org or visit www.communityconnect.io/info/co-monument.

October community events

Visit the local firefighters at Station 4, 15415 Gleneagle Drive on Saturday, Oct. 7 from 11 a.m. to 2 p.m. Meet Monument Fire, check out the fire engines, and receive free food and goodies for the kids.

The Local 4319 Annual Pumpkin Giveaway event is scheduled to take place on Saturday, Oct. 14 from 11 a.m. to 2 p.m. at the Monument Clocktower, Jackson Creek Parkway. Free pumpkins, live music, food trucks, and freebies for the kids are included. The event includes a canned food donation drop-off to help support Tri-Lakes Cares. See the calendar of events on page < 26 >.

The meeting adjourned at 7:44 p.m.

**********

Meetings are usually held on the fourth Wednesday every month. The next regular meeting is scheduled for Wednesday, Oct. 25 at 6:30 p.m. at Station 1, 18650 Highway 105. For Zoom meeting instructions, agendas, minutes, and updates, visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

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

Other Monument Fire District articles

El Paso County Planning Commission, Sept.7 and 21. Preliminary plan for 21-home subdivision recommended for approval

By Helen Walklett

At the Sept. 21 El Paso County Planning Commission meeting, the commissioners voted unanimously to recommend for approval an application for a preliminary plan for 20 single-family lots to be known as the Hay Creek Valley subdivision. The one residence currently on the property will remain, making a total of 21 lots.

The 214.62-acre property is zoned RR-5 (residential rural) and located west of Interstate 25, directly north of the United States Air Force Academy (USAFA), south of the Forest Lakes subdivision, and southwest of the Town of Monument. Lots are planned to range in size from 5.5 to 17 acres. The USAFA has reviewed the plan and stated that an avigation easement (giving the right of overflights in the airspace above or in the vicinity of the property) needs to be recorded with the final plat.

The property is currently gated and will continue to be once it is developed. Access is off Hay Creek Road. Jason Alwine, Matrix Design Group Inc. and representing the owner, said the county is requiring the developer to straighten the junction of the property’s private road and Hay Creek Road to provide better line of sight.

The application was pulled from the consent calendar for a full hearing at the request of neighbors. One told the commissioners she had come to obtain more information, having only learned about the plans when the sign was posted the week before, and therefore did not know whether she was in opposition. She raised concerns about the impact on wildlife, traffic, wildfire evacuation, water availability, and county’s communication with neighbors in the area about the application. She suggested a postponement of any decision to allow for those in the area to receive more information.

Alwine said they had worked extensively with Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service on wildlife issues and any fencing would follow state guidelines. The county and the Fire Department had looked at the access and concluded there was no option for two-way in and out. There will be a fire suppression system meeting the Fire Department’s requirements in the form of an underground 33,000-gallon tank. Water will be addressed at the final plat stage.

Staff clarified that in 2022 when the application was submitted, only adjacent neighbors were notified. That changed this year to all property owners within 500 feet and this had been done in this application’s case.

The application is now scheduled to be heard at the El Paso Board of County Commissioners (BOCC) meeting on Oct. 12.

The Planning Commission also met on Sept. 7. The applications considered at that meeting went to the BOCC for consideration during September and are covered in the BOCC article on page < 1 >.

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

Other El Paso County Planning Commission articles

Black Forest Fire/Rescue Protection District, Sept. 20. 2022 audit is clean; 2024 budget direction explored

By Natalie Barszcz

At the Black Forest Fire Rescue Protection District (BFFRPD) meeting on Sept. 20, the board received the 2022 audit presentation, discussed the major 2024 budget priorities, and reviewed the board officer by-laws. The board also witnessed the swearing in of Capt. Michael Torres. A brief Pension Board of Trustees meeting preceded the meeting.

From left, Chair Nate Dowden administers the oath of office to the new Training Capt. Michael Torres at the beginning of the Sept. 20 Board of Directors meeting. Family members pinned on the badge and lapel pins during the ceremony. Photo by Natalie Barszcz.
Above: From left, Chair Nate Dowden administers the oath of office to the new Training Capt. Michael Torres at the beginning of the Sept. 20 Board of Directors meeting. Family members pinned on the badge and lapel pins during the ceremony. Photo by Natalie Barszcz.

2022 audit presentation

Dawn Schilling, co-owner of Schilling and Co. Inc., Littleton, attending via Zoom, said the executive team had collaborated with her to complete the 2022 audit. She thanked the team and the district accountant for their assistance during the audit, and said:

  • The district received an unmodified or clean opinion as of Dec. 31, 2022, and the financial position of the district “presents fairly.” The opinion could not be higher and there were no significant delays in providing information or disagreements with recording transactions.
  • There was significantly more revenue than anticipated left in the budget at the end of 2022 due to deployments and special ownership taxes. The result left $951 in the budget at the end of 2022, as close to a zero-based budget as possible.
  • Investing in a local government investment such as ColoTrust could net the district 5.4% or about $54,000 a year.
  • There was a dip in assessed valuation of district properties in 2022, and the district attorney should be contacted to seek advice on Proposition HH. (Proposition HH is a question on the November ballot proposing a statewide bill that would implement property tax reductions and allow the state to retain and spend excess state revenue. For information on the fiscal impact of the measures visit https:/leg.colorado.gov/bluebook.) The changes would be significant for special districts if it passes.
  • The board received the audit on Sept. 20, and she would file the audit with the state the following week, allowing some time for questions from the directors, and in time to make the Sept. 30 deadline.

The board unanimously approved the 2022 audit.

Auditor search resumes

Treasurer Jack Hinton thanked the staff and the accountant and said the auditor always does a good job and her fee is reasonable, but the district gets put on the back burner, requiring a two-month filing extension with the state every year, and she almost did not make the meeting. Even though the staff began providing financial information in February, her questions were not received until August. If the district were ever to file a late audit, the state could begin cutting funding. Most auditors are charging much higher fees, but the district should conduct another search and bid out for another auditor to conduct the 2023 audit, he said. See www.ocn.me/v23n3.htm#bffrpd.

Administrative Officer Rachel Dunn said a lot of questions were presented during evening hours.

2024 budget development explored

Fire Chief PJ Langmaid said the budget is usually submitted in October for board review, but because of Proposition HH and the increase in assessed property valuations, he requested the board consider:

  • A proposed budget based on the assessed property valuations provided by the county with an assessed 15.24 mills levy to maintain the revenue trajectory.
  • The board made a mill levy adjustment last year in line with the 2018 voter-approved ballot initiative, allowing a mill levy adjustment to compensate for revenue loss after the state dropped the assessment rates.
  • If the board decides to stick with a 14.951 mill levy, there would be a budget shortfall of about $101,000 for 2024. The board could dip into capital improvement funds to make up the difference. See www.ocn.me/v23n1.htm#bffrpd.
  • The key initiatives for the 2024 budget are to pay down the debt on the engine and tender.
  • A cost-of-living allowance increase of 4.7% based on the Front Range data from July/August 2023.
  • Hire six new firefighters to begin using the ladder truck with limited capacity. Three more officer positions will be required with the opening of the ladder truck.
  • The budget resolution will include the historical ballot language, approved by the voters in 2018, and be reviewed by legal counsel. See www.ocn.me/v22n10.htm#bffrpd.

Hinton said through staffing attrition the district has enough salary funding to cover additional staff. The wildland deployments of Deputy Chief of Operations Chris Piepenberg and Dunn saved some salary expenditure. Another staff member was deployed for three months, he said.

Langmaid said if the board agrees, he would like to extend job offers to lateral firefighters the next day. There is a cost savings to hiring lateral entry firefighters due to the avoidance of a three-month fire academy delay, but it incurs an immediate job start and a higher starting salary. The Colorado Springs Fire Department (CSFD) has reduced its Fire Academy Training to summer only, so slots for the district will not be available. Lateral entry firefighters are usually difficult to attract due to the district’s lower wage scale, and staff lose out on accrued benefits when moving organizations, so moves are usually due to family decisions. The district usually receives about 50 applications, but just five were received in the last hiring round, he said.

Hinton suggested moving forward with the hiring, and the determining factor on adjusting the mill levy will depend on the passing of Proposition HH. The city has not yet excluded the remaining two-thirds (about 1,466) of the 2,200 properties subject to dual taxation, and the tax loss for 2025 is unknown, he said. See www.ocn.me/v22n2.htm#bffrpd.

Langmaid also said:

  • Because of the increase in property values, it is not possible to know how much revenue will be lost when the dual taxation residents are finally excluded, but it could be 10% to 20% of the budget.
  • The City of Colorado Springs will be under tremendous political pressure to complete the process that the board gave the city permission to begin in 2017, and once the tax assessments are finalized, those dual taxation residents will be pressuring the City Council to complete the exclusion process.
  • He recommended the board make the budget decision based on the ballot initiative that granted permission in 2018, and not on decisions made in Colorado Springs.
  • Proposition HH, a state decision, proposes to continue ratcheting down the property assessment rates.

If the board agrees with the recommendations, the executive staff will begin developing the budget for 2024, he said.

Vice Chair Kiersten Tarvainen said the district purchased a ladder truck and should be able to use it.

Hinton said he is in favor of paying off the debt on the apparatus purchases and the staffing increase.

Director Chad Behnken said he is on board with the general vision.

Director Jim Abendschan agreed with the issues, but more clarification is necessary on how the property taxes will be impacted if the board implements the 15.24 mill levy to make up for revenue loss, he said.

Langmaid said he encourages dialogue and direction from the board before continuing to develop the budget for the first presentation in October, but the budget can be changed at any time until December. The original request for an aerial mid-mount ladder truck was to support the growth in Sterling Ranch and the Flying Horse North developments, and the plan was to open up the truck in 2025-26 when additional property tax revenue would have covered the cost. There is no pressure to staff the truck, it is not the main priority, but the district is unlikely to obtain a SAFER grant to hire firefighters and he was not anticipating any success with a potential government shutdown, he said.

Apparatus replacement plan

Langmaid presented the board with the final budget projection for the two Ford F-550 Type 6 brush truck chassis, with one being a full new build for $203,000. The funds will come from wildland deployment revenue. For information purposes, he also presented the cost of a Pierce Enforcer Engine for $868,684. See www.ocn.me/v23n9.htm#bffrpd.

Directors’ bylaws

Dowden thanked recording board secretary Donna Arkowski for providing the board with the updated bylaws, and he requested the following changes:

  • A change to reflect that the board may elect from its membership a secretary/assistant secretary, and/or assistant treasurer.
  • There may be a permanent budget committee with another board officer involved in the budget process.
  • There may be a permanent audit committee.

Arkowski said BFFRPD had not elected a board secretary for 45 years, but the option for both positions needs to remain in the bylaws until such time as the district does not have a recording secretary. The bylaws are not mandatory, just a suggestion by the district counsel, unless indicated that state law be followed as annotated in the bylaws, she said.

Hinton and Dowden questioned the board’s compliance when appropriations are made that exceed the approved budget during the year.

Langmaid said if the board passes an appropriation by resolution to make a purchase mid-year, they are not outside the bylaws, and that is why legal counsel is required to sign lease agreements. There is nothing to prohibit purchasing outright, and he recommended the board continue reading the bylaws and discuss appropriations with legal counsel, he said.

Arkowski said the bylaws set local government and state government apart, the board cannot spend more than they receive, and there are different rules for lease purchase agreements.

Dowden said he was inclined to agree with Langmaid, but clarification from district attorney Linda Glesne should be made to ensure the board remains in compliance.

The board unanimously adopted the bylaws subject to the changes.

Wildland deployment update

Piepenburg said the department still had crews deployed in California, and the U.S. Forest Service had hoped to keep them until November. But due to the government furlough and weather activity, crews will all be back in the district by the end of September.

Director Chad Behnken asked if the frequency of the 2023 deployments were comparable to the 2022 numbers.

Piepenburg said the district is ahead of 2022, with five 21-day deployment rotations, 105 days with the Type 3 (wildland fire engine) and 35 days with the Type 6 (brush truck).

Langmaid said the surplus revenue for 2023 is expected to be about $1 million, the same as for 2022.

August department reports

The August department report and the financial report can be found under Transparency at www.bffire.org.

Staff kudos

Tarvainen said she attended the Echelon Front Women’s Assembly with five colleagues from CSFD, and the women of BFFRPD in attendance were exceptional, and that is a testament to the leadership within the district.

Arkowski said former board member Bill Marchant praised the department for the professionalism demonstrated when his wife needed an ambulance during a life-threatening emergency.

Donation received

Dowden said the district received a note card from the High Forest Ranch community, thanking the department for keeping them safe. The card was accompanied with a donation of $1,370 from Monica Davis of the Social Committee of the High Forest Ranch Homeowners Association. He thanked the group for the generous donation.

Former board director remembered

Arkowski said former board Director Peter Burleson had recently passed away. He served on the board in the 1980s-90s for about 10 years.

The meeting adjourned at 9:10 p.m.

Pension Board of Trustees meeting

The BFFRPD Pension Board of Trustees held a short meeting to discuss the fund status, distributions, and expenses.

Pension Board Trustee John Strupp was excused. Trustee Lisa Montijo attended via Zoom.

The board approved the minutes from the Sept. 15, 2021 meeting, 6-0.

Hinton said the beginning balance for the Volunteer Pension Fund in 2023 was about $1.336 million and the ending balance was $1.383 million with a gain of $4,500 in interest. The distributions to the volunteer pensioners were $37,000. Expenses were $4,000, and the fund gained about $47,000, he said.

Arkowski said the financial statement accounted for the first six months of the year, and the actuarial report states that the pension fund is in good condition and a little overfunded. The report recommends the district continue to fund the pension annually, and the pension fund still has 27 members.

Montijo said it is important that the fund is in good shape, because she plans on living forever, and it is good that all the members are still around.

The board accepted the reports as presented, 6-0.

The next Pension Board meeting will be at the beginning of the regular board meeting in September 2024.

The Pension Board of Trustees meeting adjourned at 7:06 p.m.

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Meetings are usually held on the third Wednesday of the month at Station 1, 11445 Teachout Road, Colorado Springs. Meetings are open to the public in person or via Zoom. The next regular meeting is scheduled for Wednesday, Oct. 18 at 7 p.m. For joining instructions, updates, agendas, minutes, and reports, visit www.bffire.org or contact Director of Public Relations Brooke Reid at admin@bffire.org or call 719-495-4300.

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

Other Black Forest Fire/Rescue Protection District articles

Donald Wescott Fire Protection District, Sept. 27 – Board meeting canceled

By Natalie Barszcz

On Sept. 27 at 2:09 p.m., this reporter received notice that the Donald Wescott Fire Protection District Board of Directors had canceled the scheduled meeting due to the lack of a quorum. For the Joint Factual Summary for the Donald Wescott sub-district dissolution regarding ballot questions 6A and 6B, and information about the October public hearing for the 2024 budget presentation, visit www.monumentfire.org. For details on the proposed 2024 budget, information, and upcoming events see the Monument Fire District article on page < 1 > and the calendar on page < 26 >.

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Meetings are usually held every other month on the fourth Wednesday. The next regular meeting is scheduled for Wednesday, Nov. 15 at 4:30 p.m., at Station 1, 18650 Highway 105. For Zoom meeting instructions, agendas, minutes visit www.monumentfire.org or contact Director of Administration Jennifer Martin at 719-484-9011.

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

Other Donald Wescott Fire Protection District articles