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Articles from Vol. 24 No. 7 - July 6, 2024

Palmer Lake Board of Trustees, May 30, June 13 and 27 – Board approves concealed carry in sensitive spaces

By James Howald and Jackie Burhans

In addition to the two meetings in June, this article also covers the last meeting the Palmer Lake Board of Trustees (PLBOT) held in May, which was held after OCN went to press.

The three meetings addressed topics ranging from gun rights to land use issues. Chairperson Susan Miner updated the board on the work of the Elephant Rock Advisory Committee. The board discussed regulations for farmers markets, peddler’s permits and the process for granting special event permits. The board awarded a contract for water line and roadway improvements at Palmer Lake Elementary School (PLES). The board approved two special events. Town Administrator Dawn Collins gave the board an administrative update at the June 13 and June 27 meetings.

All three meetings included executive sessions.

Board opts out of state law prohibiting guns in sensitive spaces

At its June 27 meeting, Trustee Dennis Stern said he had gone to the Pikes Peak Regional Building Department (PPRBD) advisory committee and learned about a newly passed state law (SB24-131 Prohibiting Carrying Firearms in Sensitive Spaces) that goes into effect July 1. Stern noted that the law has an exception for police and that local governments can enact laws to allow carrying guns in sensitive areas. He said that resolution 37-2024 would allow concealed carry in sensitive areas, such as the Town Hall and administrative offices, in Palmer Lake.

Stern said he believed declaring any building or area a gun-free zone was asking for trouble because criminals don’t follow the law. Mayor Glant Havenar expressed frustration about rules being passed at the state level that were against the Colorado Constitution and that inhibited a local municipality’s way of life. She noted that she had a concealed carry permit and that as of July 1, she would no longer be able to walk into the Palmer Lake Town Hall or the administrative building with a gun in her purse. Havenar expressed support for the resolution, saying that if Palmer Lake didn’t stand up, no one else would. Trustee Nick Ehrhardt said emotions can rise in sensitive areas, and he has seen the consequences. He said he wanted to create a better world for his kids and grandkids and applauded the state’s efforts.

The board passed the resolution with a vote of four to one with Ehrhardt voting no and Trustees Kevin Dreher, Jessica Farr and Stern, as well as Havenar, voting in favor. Trustees Shana Ball and Samantha Padgett were excused from the meeting and did not vote.

Land use issues

At the May 30 meeting, the board held a public hearing on a request from Randy Allgood to replat his property at 95 Greeley Blvd. and a request from Ethel Engel to replat her property at 278 Lower Glenway St.

Allgood said his plan was to build four houses on the property, and the replat would change some easements to accommodate a shared access point for the four homes.

Jim Brinkman, a surveyor with Crossed Paths representing Engel, said there was a 7-foot discrepancy between surveys concerning the location of a right of way. The replat request used a survey originally done by Tim Wagner. Town Attorney Scott Krob said the replat could be granted and the discrepancy could be resolved later.

There were no comments from the public on either request, and the public hearing was closed.

The board voted unanimously to approve resolutions granting the requested replats.

At the May 30 meeting, the board considered Resolution 30-2024, which extends a temporary conditional use permit previously granted to Bruno Furrer and Loren Burlage for their property at 773 South Highway 105, which is used for the outdoor storage of hay. Two businesses, Diacut and HayCo, share the property. The resolution notes that Furrer and Burlage requested conditional use permits in 2022 and 2023 and specifies that all vehicles and equipment on the property must be screened from view from Highway 105 by July 1. The resolution also requires Furrer and Burlage to apply for a permanent conditional use permit that addresses screening by May 31, 2025 or cease use of the property. The board referred the issue to the Palmer Lake Planning Commission to clarify the dimensions of the fences needed to properly screen the equipment on the property.

At the June 27 meeting, Resolution 34-2024 to extend the temporary conditional use to Furrer and Burlage for 12 months with a deadline of Aug. 1 to complete the green privacy screening condition of 36 feet wide by 5.5 feet high as imposed by the Planning Commission was passed unanimously.

At the June 27 meeting, the board also passed Resolution 32-2024 to approve a lot line adjustment on Meadow Lane. At the public hearing, it was noted that the adjusted lot line would protect access to a new trail at Elephant Rock. The board voted unanimously to allow the adjustment. Erhardt recused himself from the hearing and the vote because his father, Kurt Ehrhardt, is the home builder.

Elephant Rock property

At the May 30 meeting, Miner told the board that the Elephant Rock property site planning subcommittee’s work was complete. The Arts Council subcommittee was working on an automated walk-through of the property, and the Parks subcommittee had completed about a third of its work. She said the Arts Council is working on the idea of a cultural district, which would open up funding opportunities. The Palmer Lake Economic Development Group is working on determining comparable sales. A recreation center is being considered, Miner said.

In terms of funding, Miner said opportunities from the state were being researched and sponsorships were being sought. Risk assessment was being considered for each of the options the committee was bringing to the board. Miner said an appraisal was needed.

At the June 13 meeting, Miner said the committee was preparing a final presentation for the board. She asked that a workshop be scheduled to present the plan so that the presentation would not be rushed by the need to consider other agenda items.

At the June 27 meeting, Collins told the board that a workshop had been scheduled for Wednesday, July 10 at 5 p.m. at the Town Hall for the Elephant Rock Advisory Committee to present its final plan to the board. Dreher, Farr, and Havenar were disappointed they would not receive a copy of the plan before the workshop so they could be prepared with questions.

Regulation for farmers markets takes shape

At the May 30 meeting, Collins told the board that town staff had received inquiries about a farmers market within town boundaries. She presented a draft of regulations that could be added to the municipal code. The draft requires the manager of the farmers market to obtain a license from town staff and to assume responsibility for all the vendors. The draft defines what can and cannot be sold at a farmers market: produce, handmade food and beverages, meat, honey and other handmade items are allowed; tobacco, firearms and electronics are prohibited. The draft requires the markets to be held on public property, but consensus of the board was that private property should be allowed.

Collins said she would re-draft the language based on the board’s discussion.

At the June 13 meeting, Collins presented an updated version of the code that included a $100 fee to be paid by the market’s manager, said licenses for vendors or peddlers would be handled separately, and markets are prohibited on residential properties.

At the June 27 meeting, Collins presented Ordinance 6-2024 Relating to Farmers Markets, which incorporated the board’s discussion, added enforcement language, and allows public or commercial properties to host the markets. The board voted unanimously in favor.

Peddler’s permits required

Related to its discussion of farmers markets, the board discussed permits for vendors and peddlers at its May 30, June 13, and June 27 meetings.

At the May 30 meeting, Collins suggested language that would exempt a peddler with an existing business license granted by the town from needing an additional peddler’s permit for special events and farmers markets. The draft specifies that a background check of applicants will be conducted by the town. The board directed Collins to refine the language, focusing on a streamlined process that would result in a permit good for one year.

Amended language was presented by Collins at the June 13 meeting that incorporated the one-year term for the license based on the calendar year.

On June 27, Collins reported that staff had reviewed peddler permit regulations at six municipalities including the town of Monument. Fees averaged $25, she said, and were meant to cover administrative costs. Some towns do a high-level background check looking for felony offenses or an outstanding warrant related to the proposed activity. Farr asked if a background check also was required for a business license and whether the peddler or business signed an agreement to the background check. Collins said she did not see that question on the application, and Krob said he didn’t know that it was required, but he advised it to be added.

Krob noted that peddler’s permits had been around for a long time and originally applied to people coming from out of the area and soliciting from door to door. Havenar asked if a peddler might be a felon who had served their time and turned things around and wanted to be in a farmers market; she said she was told that every vendor at the Wine Festival she owns had to get a background check even if they had done so previously. She asked if it was imperative that the town go through a one-hour process for every vendor. Collins explained that the code had been changed to require the background check only once per calendar year and that the background check itself only took five minutes of the one-hour processing time.

Farr said that the town couldn’t control everything and expressed concern about the time involved. Police officer Gene Ramirez spoke in defense of the background check, noting that someone could have a child-related issue or be prohibited from being around at-risk people, and the town could not know that even if the person seemed nice. He advocated for background checks and said that the police chief would as well.

Erhardt said business owners must follow rules and that it’s a level of protection he hopes is covered by the fee. Trustees Dreher and Stern agreed with Erhardt. Collins asked for direction, noting that there was a draft ordinance. Erhardt said the town should have some discretion on what would disqualify someone to avoid penalizing someone who was getting their life together.

The board did not vote on the proposed language at the June 27 meeting.

Special event permit process simplified

At the May 30 meeting, Collins noted that the town’s municipal code does not address special events. She presented language for the board to consider that requires special events to obtain a permit and defines criteria for denial, such as misinformation in the application, a conflict with a previously permitted event, or threat to public safety.

The language was reviewed at the June 13 meeting, and Collins suggested smaller events be approved by staff, without taking time from the board.

At the June 27 meeting, the board voted unanimously in favor of Ordinance 5-2024 Relating to Special Events, which lays out the process allowing for administrative approval of minor or recurring events while bringing large or new events to the board. All events would be announced at the board meeting, added to the calendar on the website, and announced on the town sign.

Roadway improvements at PLES

At the June 27 meeting, the board approved Resolution 35-2024, which awards the contract to West Fork Construction for PLES water line and roadway improvements on a vote of 4-1. As explained by Mark Morton of GMS Inc. Consulting Engineers, the costs were increased by $430,516 to cover an increase in scope, adding a water system, drainage system, and road surface improvements. The total award was $1.32 million, with the project cost including a 10% contingency. Farr voted no. Dreher, Erhardt, Havenar and Stern voted in favor.

Special events approved

Chris Medina requested a special event permit for a Funky Little Theater Company performance of The Last Train to Nibroc. The play will be staged at times to be determined between Aug. 2 and 17. Medina told the board he would like to have a long-term memorandum of understanding allowing the theater company to use the Palmer Lake Town Hall on an ongoing basis. At the June 27 meeting, the board passed Resolution 36-2024, which approves a memo of understanding with the theater company regarding its use of town facilities.

Amy Hutson, representing the Arts Council, asked the board to approve a special event permit for a Chautauqua event to be held between July 29 and Aug. 4. Classes, musical performances, films, cooking demonstrations and lectures will be part of the event. The board voted unanimously in favor of the permit.

Administrative updates

Collins told the board that the town’s website was being upgraded to comply with the Americans with Disabilities Act. Most changes would not be visible to users, she said. The CORE EV chargers will be completed the last week of June, she said, with a ribbon cutting planned after July 4. Concrete for the pickle ball courts being built on the west side of the Palmer Lake Regional Recreation Center has been poured and town staff is working on the permits for toilets near the courts.

Collins reported that tax revenue was above budget. The audit by the town’s insurer, Colorado Intergovernmental Risk Sharing Agency, is complete and the town’s deductible will increase from $2,500 to $5,000 due to the amount of hail and wind damage to town buildings.

Executive sessions

The May 30 meeting ended with an executive session to discuss the possible sales of public property and to consider negotiating positions. Following the executive session, the board reconvened to open session and passed Resolution 31-2024 that authorizes the mayor to sign a purchase and sales agreement.

The June 13 meeting began with an executive session to discuss the possible acquisition of an interest in real property and to discuss security to be provided by the Police Department and the possible hiring of a police chief.

The June 27 meeting ended with an executive session to discuss negotiating strategies and a possible annexation. No action was taken following the executive session.

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The next regular board meetings are scheduled for July 11 and 25. All meetings will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

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

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

Other Palmer Lake Board of Trustees articles

Lewis-Palmer D38 Board of Education, June 17 – Board approves budget, discusses real estate options

By Harriet Halbig

The Lewis-Palmer D38 Board of Education held a public hearing before its June 17 regular meeting to offer the public the chance to comment on the proposed budget before the vote.

Chief Business Officer Brett Ridgway offered an overview of the budget, explaining that revenue for the district comes from various sources including funds from a 1999 Mill Levy Override (MLO), per pupil operating revenue (PPOR) from the state, cash in the general fund, and funding from local and federal sources such as grants, nutrition services, and special education funding.

The Taxpayers Bill of Rights (TABOR) requires that the district also maintain a 3% separate fund.

Ridgway said he tries to present a balanced budget at the beginning of each year, but changes can be made during the year due to unforeseen events.

He said that due to Senate Bill 2024-017, there is an additional $8.5 million to work with. This funding has been designated to create a center for Career and Technical Education (CTE). The site for this center has been approved for purchase and public forums to collect information on priorities and potential use are planned.

This $8.5 million has been placed in a separate capacity fund along with $2 million available funding for a total of $10.5 million.

For details on this project, please see the June issue of OCN.

Ridgway said it is important to understand the source of all district revenue and presented detailed pie charts to demonstrate this. Please see boarddocs on the lewispalmer.org website under the Board of Education to view these charts.

Ridgway said although there has been a large increase in property taxes this year, that does not translate to a larger amount coming to the district. Instead, it means that the portion of funding provided by local sources is increased while the portion provided by the state decreased.

Regarding student count, Ridgway said that student count numbers have remained stable over the past few years. Although there is a great deal of construction underway in the area, it is too soon to see how many students will move to the area.

Taking all information into account, Ridgway estimates an additional 6.2% in revenue for the coming year. Considering that 80% of the district’s expenditures involve compensation and benefits, this would translate to a potential increase in compensation of an average of 6%.

Ridgway also explained that the MLO passed in 1999 provides $4 million per year which, when adjusted for inflation, now would equal about $2.4 million.

Monument Academy’s board has approved its budget, but the D38 board must also do so as the chartering entity.

There were no public comments.

Recognitions

The board recognized Monument Hill Kiwanis for its Stars of Tomorrow Talent Show, offering performing arts students the opportunity to perform in front of an audience. Third-place winner in the high school division Rowan Vaughn spoke of the value of this experience and performed her award-winning song. She also sang the national anthem at the beginning of the meeting.

Above: After Rowan Vaughn sang her third-place winning piece from the Stars of Tomorrow competition, the board heard a presentation on the Stars of Tomorrow contest from Monument Hill Kiwanian Rich Strom. The competition took place on Sunday, March 17, at Palmer Ridge High School as an opportunity for elementary, middle, and high school students to perform before an audience and judges to receive feedback on their performances. Contestants sang, performed drama pieces, played musical instruments, and did dance and comedy routines. Auditions were held with 58 applicants of which 20 were selected to perform before an audience of 400. From left are D38 board members Todd Brown, Ron Schwarz, Dr. Patti Shank, and Kris Norris, Monument Hill Kiwanian Strom, Acting D38 Superintendent Amber Whetstine, Kiwanis President Scott Ross, Bill Kaelin, Vaughn, and Max Williams. Photo by Jackie Burhans.

Kiwanis President Scott Ross thanked the board for their support and partnership and showed a video of the auditions for this year’s contest.

Above: Director of Planning for D38 Melissa Andrews introduced President and Chief Executive Officer Jason DeaBuenno, Director of Healthcare Integrations and Strategy Adrienne Timmons and Tri-Lakes Program Manager Sue Walker, all of Silver Key Senior Services, formerly known as the Silver Alliance, which has had a long partnership with D38. In June 2022 it moved into the Grace Best building, remodeled a wing of the building, and have provided a variety of services for seniors in the area. DeaBuenno thanked the Kiwanis and said he was inspired to consider a talent contest for older adults in the community. He also expressed his thanks to the district for allowing Silver Key to use the Grace Best facility. Silver Key’s commitment is to have a long-term standing in the community. Walker has been part of Tri-Lakes Senior Center for over eight years. She has been in the district since 1995, and her two girls went through the school system, which she called an excellent district. She thanked the maintenance department, the building manager, and Administrative Assistant Vicki Wood for their support. Timmons said her role is to bring resources to the center and has felt well-embraced in the school district. She encouraged the board to stop by the center. From left are board members Ron Schwarz, Dr. Patti Shank, and DeaBuenno, Acting Superintendent Amber Whetstine, Walker, D38 board member Todd Brown, Timmons, and board member Kris Norris. Photo by Jackie Burhans.

The board also recognized Silver Key Senior Services for its activities in the district. Silver Key President Jason DiaBueno thanked the district for its partnership and the use of part of Grace Best Education Center for the new area Senior Center. He also introduced other members of the Silver Key administration.

Budget approved

The board approved the 2024-25 budget as presented.

Real estate discussion

Ridgway and Director of Planning, Facilities and Grounds Melissa Andrews presented a map and explanation of a recent surveying of the district’s property between Second Street and Santa Fe Avenue and between Jefferson Street and Adams Street in Monument.

Ridgway explained that the board had requested this action to determine whether there was a way to subdivide the property and sell portions of it for other uses. He said that there is a 2-acre site in the area which could be sold and still allow access to the bus barn area and playing fields. He said that Tri-Lakes Cares has expressed potential interest in this site.

Ridgway said the Town of Monument currently lacks an official planner and therefore any action would probably be delayed up to six months.

In the following board discussion, it was asked whether the surveying efforts could be applied in the future if a decision could not be reached at the meeting.

Ridgway said that the results of the survey would remain valid.

Director Todd Brown said he would prefer to wait until there is a potential buyer before proceeding. He suggested that Ridgway contact Tri-Lakes Cares on the board’s behalf.

Ridgway said the work thus far was intended to create a marketable parcel ready to act on. He wished to isolate Grace Best in the process due its service as the location of the Home School Enrichment Academy and to isolate the playing fields as they are maintained by the town.

He also said he did not want to combine the current enterprise center with Grace Best.

Ridgway agreed that he will contact Tri-Lakes Cares regarding its interest.

Palmer Ridge High School turf fields approved

Ridgway reported that the board has received a proposal from donors to fund the purchase of artificial turf for the football, baseball, track, and softball fields at Palmer Ridge High School.

These fields have posed a problem due to drainage issues causing muddy conditions. This has robbed teams of their practice time and prevented them from hosting games.

As owner of the property, the board must approve such action.

The board passed a resolution to accept the donation of funds for the purchase of turf.

The board approved a calendar of meeting dates for the 2024-25 school year. The meetings in January and February will be held on Tuesdays due to federal holidays on the third Monday.

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The Lewis-Palmer District 38 Board of Education meets on the third Monday of the month at its learning center, 146 Jefferson St. in Monument. The board does not meet in July. The next meeting will be at 6 p.m. on Aug. 19.

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

Other Lewis-Palmer D38 Board of Education articles

Monument Academy School Board, June 13 – Board members sworn in, budget re-adopted

By Jackie Burhans

Monument Academy (MA) held its regular meeting in June to swear in board members and assign board positions, re-adopt the 2024-25 budget, approve the purchase of its East Campus modulars, and update policies.

Board members sworn in, positions assigned

Board President Ryan Graham swore in returning board member Lindsay Clinton and incoming board member Jelinda Dygert. Clinton’s second term and Dygert’s initial term begin on July 1. The board discussed, nominated, and confirmed members for the following positions:

  • President Ryan Graham
  • Vice President Lindsay Clinton
  • Treasurer Craig Carle
  • Secretary Jelina Dygert
Above: At the June board meeting, President Ryan Graham (not pictured) swore in returning board member Lindsay Clinton and incoming board member Jelinda Dygert, whose terms begin July 1. Clinton retains her position as board vice president, and Dygert will be the board secretary. Pictured are Clinton, left, and Dygert. Photo by Jackie Burhans.

2024-25 budget re-adopted

Acting Chief Financial Officer Glenn Gustafson requested that the board re-adopt the 2024-25 budget. This was not an amendment, he said, but a replacement for the budget they adopted last month. He said he had the final information on staffing for the Home School Enrichment program and wanted to appropriate the money to buy out the modular units. Finally, given that MA has adopted new health benefits he wanted to put the Health Reimbursement Agreement money into the right account. Although he had already posted the budget and submitted it to D38, he let Chief Business Officer Brett Ridgway know there would be changes.

Graham made the three standard budget motions for appropriating funds, inter-fund borrowing, and using beginning balances, which the board unanimously approved.

Modular purchase

Gustafson noted that MA had entered into a lease agreement rather than a lease-purchase agreement for four modular units. The units are essential, he said, and are combined to make four classrooms. The lease conditions are not favorable, Gustafson noted, saying that the rental cost of $52,000 per year was significant and could increase annually and there was no option to buy. The space will always be used, he said, even after the expansion of the campus. After negotiations, he came to an agreement with the vendor to purchase the modular units for $175,000, which would take three years to pay off.

Graham said that when the lease was approved in 2022, it was supposed to be short-term while they refinanced to do the buildout, but that had not happened. Though he understands it’s a lot of money, even when MA breaks ground it would take 12-18 months to complete construction.

Gustafson said his goal was to cut a check in the first week of July so that MA would have no lease payments in FY24-25. The board unanimously approved the purchase of modulars.

Major Gifts and Corporate Sponsorships program

Executive Director Collin Vinchattle said he received a lot of feedback that the MA community would like to expand facilities, high school programs, and electives. He and Gustafson are working with the administration on a five-year capital improvement plan. He said that bond refinancing would not be able to cover all projects.

Vinchattle requested the board consider a donation coordinator position to focus on large gifts to MA. This person would reach out to donors, keep legacy donations moving forward, and possibly run a capital campaign. He noted that MA could consider different compensation structures from a percentage to a base salary plus percentage and the position could be evaluated semi-annually. He said things to consider include the initial cost, role clarification, definition of a major gift, and end goals.

Graham asked Vinchattle and Gustafson to explore this and bring back a proposal. He expressed appreciation for Operations Manager Jake Dicus and all he has done over the years and appreciates that these two roles would work collaboratively. Vinchattle said he would touch base with each board member to gather their input.

Highlights

Board meeting highlights include:

Above: At the June 13 MA School Board meeting, board member Craig Carle spotlighted outgoing interim Executive Director Kim McClelland. McClelland, who also serves as executive director of the New Summit Charter Academy, has served since the departure of Merlin Holmes. Carle thanked her for her steady leadership, saying she had left a legacy at Monument Academy. Board Vice President Lindsay Clinton joined Carle to present a certificate and gift to McClelland. From left are Clinton, McClelland, and Carle. Photo by Jackie Burhans.
  • Carle and the entire board recognized outgoing interim Executive Director Kim McClelland. Carle presented McClelland with a certificate and gift. McClelland thanked the board for the opportunity to serve in her own backyard.
  • Vinchattle reported on the excitement of the first graduation from Monument Academy’s East Campus, which included 21 high school students. He noted that it was a beautiful day on the school’s front lawn, with speeches by Graham and valedictorian Scott Kohlhase.
  • Vinchattle reported that the secondary school administrative team was in place with Angela Duca as principal and Jessie Davis as assistant principal.
  • The board approved changes to Policy 1500B Executive Director to update the position title, noting it would not be renumbering the policy. It also approved Policy 1500C Chief Financial Officer, removing the information on procurement, which has been moved to a separate policy.
  • Finance Director Laura Polen presented the April financials, highlighting three streams of revenue that are still outstanding. She reviewed expenses and revenues highlighting the general fund, bond repayment funds for each campus, and the student activity fund.
  • Graham confirmed that construction on Highway 105 and around the West Campus should be completed by the time school starts in August. However, construction on Highway 105 itself will continue.
  • The board unanimously approved a resolution to change the authorized signatures for its ColoTrust account to add Polen. It also approved signature authorizations for its Integrity Bank accounts to add Polen and Business Manager Diane Smith.
  • The board unanimously approved a contract with Gustafson as interim CFO for fiscal year 24-25.
  • The board unanimously approved a contract with the Monument Police Department for school resource officers with a small price increase and other changes to reflect the makeup of each campus.
  • Vinchattle asked to delay the vote on the MA/D38 contract until the July board meeting to give him more time to review the contract since he was new in his position. The board agreed to wait for the vote.
  • The board voted unanimously to approve a contract with All Copiers, its current company, upon the recommendation of Dicus based on the negotiated cost per copy and the relationship established with the company.
  • The MA board will hold a retreat on July 12 at 9 a.m. in the Platinum Group conference room.

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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, July 11, 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 articles

Donald Wescott Fire Protection District, June 26 – Merger process prompts final transfers; 2023 audit unmodified

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) meeting on June 26, the board received an update on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD), held a public hearing, approved an exclusion of real property, and approved the transfer of a fire station, the Volunteer Firefighter Pension Fund (VFPF) plan, and a substantial fund balance to MFD. The board received and approved the presentation of the 2023 audit. The VFPF Board of Trustees held a meeting before the regular meeting.

District merger final transfer actions

Emily Powell of Ireland Stapleton Pryor Pascoe PC law firm, the district’s attorney, said the June and July district meetings are down to the final transfer actions. The following transfers were requested:

  • The VFPF be transferred to MFD for administration effective Aug. 1.
  • A substantial fund balance to MFD.
  • The Sun Hills Station (formerly DWFPD Station 3) serving two nonprofit emergency services and additional storage for MFD.
  • The exclusion of real property belonging to the two remaining board members. See www.ocn.me/v24n5.htm#dwfpd.

Powell recommended Wescott retain a fund balance of $65,000 to cover its attorney fees, and the District Court will act on the requests. The merger process is down to the end, she said.

President Charles Fleece asked if the retained sum would be enough in the event that any damage occurs at the Sun Hills property.

Powell said, after discussing the sum with Fire Chief Andy Kovacs, the anticipated $46,000 was bumped to $65,000 through the end of 2024, and MFD agrees to pay any outstanding bills.

District Administrative Officer Jennifer Martin said MFD pays the utility bills for the Sun Hills property.

Powell said the reason the two properties remain in the district is to allow the remaining board directors to continue dissolving the district. All of the other properties in the Wescott district were transferred in April onto the El Paso County Assessor’s books to be assessed under MFD for fire service and EMS beginning Jan. 1, 2025. The paperwork will be signed to transfer the two remaining properties before the end of 2024, said Powell.

Public hearing and approval

Powell opened a public hearing on the proposed exclusion of real property from the district and said the public hearing had been duly published as required by law. Upon hearing no public comments, the hearing was closed. The board was asked to approve the following:

  • The exclusion of real property, Resolution 24-04 approving the exclusion of the two remaining real properties belonging to the remaining board members. See www.ocn.me/v24n5.htm#dwfpd.
  • The quit claim deed transferring the Sun Hills Fire Station to MFD.
  • Joint assignment of the VFPF plan and joint letter authorizing direction on the plan.
  • A letter authorizing the Firefighters Police Pension Association (FPPA) requesting the transfer of the VFPF plan to MFD as the sponsoring employer.
  • The fund balance transfer to MFD.

The board unanimously approved and signed the resolutions and legal documentation for the requests.

2023 audit

Mitchell Downs of Erikson Brown and Kloster said the firm is now part of CBIZ. The decision was made by the partners to secure the staff due to a nationwide shortage of accountants. Downs presented the 2023 audit and said the district had five adjustments that occurred due to tweaking financial statements, one was requested by district staff and the other entries related to the VFPF. Most of the disclosures were also related to the VFPF. There was not a lot of activity, but nevertheless everything was focused on and tested. The district 2023 audit received a clean or unmodified opinion and will be electronically uploaded to the state portal. The district budget required significantly less work due to limited activity and cost less than the budgeted $16,000. The audit was completed with cross-referencing the MFD audit and available a month ahead of last year’s audit, said Downs.

The board approved the 2023 audit as presented.

Note: For more information, see the MFD article on page < 14 > and visit www.monumentfire.org.

The regular meeting adjourned at 5:33 p.m.

Volunteer Firefighter Pension Fund Board of Trustees meeting

Volunteer Firefighter Pension Fund Trustee Mike Badger requested the trustee status in regard to voting during meetings.

Powell confirmed the volunteer trustees are voting members of the board, and that in the past there had been a misuse of terms before her time reviewing the minutes. The trustee board members are the five board members and the two volunteers elected from among the membership, and at the next meeting when the VFPF will be managed by the MFD board the trustees will be seven members and the two volunteers elected.

The board approved the November minutes as published, 3-0. Treasurer/Secretary Mike Forsythe joined the meeting after the vote.

Allocation report

Kovacs requested the board review the allocation report and said no action was necessary.

Pension Fund status

Badger said the allocation spreadsheet was developed years ago to track the data from FPPA and the status of the VFPF. At the beginning of 2023, the fund began with $907,397 and ended the year with $914,896, just shy of a $7,500 increase after all payouts and fees were made. The fund always increased until the downturn and at one point the fund was down by about $150,000, but it is making a comeback. At the end of the first quarter of 2024, the fund had $930,000 and realized a gain of $15,134. The second-quarter figures will be made available at the Nov. 13 meeting. Sadly, some volunteer firefighters passed away, but when that happens the fund becomes healthier. The fund is doing well, said Badger.

Fund transfer

Powell said as part of the merger process, one of the final action items is the transfer of the VFPF to MFD as the sponsoring employer. That action will take place at the regular board meeting. The Wescott district will dissolve at the end of the year, but the fund does not go away and will carry on with the same benefits and beneficiaries. Several board actions in connection with the fund will happen at the following regular meetings later in the evening, effectively assigning all of the rights to MFD. MFD will set up a relationship with FPPA, and once approved and signed the documents will be sent to FPPA, and the process will likely be completed in July. The fund will remain wholly intact, with the same pool of volunteers, and kept separate, even though MFD does not have a volunteer firefighter pension plan. The Wescott volunteers will be the only recipients and should not experience any interruption in their benefits. The transfer will be totally transparent to the recipients, said Powell.

Badger thanked Martin for facilitating the dissemination of information and keeping the volunteer trustees informed.

The VFPF Board of Trustees meeting adjourned at 4:22 p.m.

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Meetings are usually held on the fourth Wednesday of the month. The next regular meeting is scheduled for July 24 at 4:30 p.m. at Station 1, 18650 Highway 105. For Zoom joining 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.

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Black Forest Fire/Rescue Protection District, June 19 – Impact fee study discussed; additional funding received

By Natalie Barszcz

At the Black Forest Fire Rescue Protection District (BFFRPD) meeting on June 19, the board received advice about implementing impact fees and heard the district had received the anticipated funding from the state. The board heard about the district’s wildland team deployment status and approved a proposal from Lexipol to develop the district’s policy manual. The board held an executive session to discuss negotiations regarding the district’s ambulance service.

Director James Abendschan was excused.

Special District Emergency Services funding

District counsel Linda Glesne joined the meeting via Zoom and advised the board on several changes in the state Legislature that allows Special District Emergency Services to increase funding. See www.ocn.me/v24n6.htm#bffrpd.

Glesne said the following:

  • The state Legislature passed SB24-194 allowing special districts that are not under the jurisdiction of another political body to develop impact fees.
  • The bill also allows for the creation of a sales tax within the district subject to voter approval.
  • The impact fee portion will need to be underpinned by a study demonstrating the need to establish impact fees for the operation of the district.
  • Specific language within the bill mandates a rational basis for adopting a fee that should be no greater than necessary.
  • Discretion should be in play, and the study should focus on a cap or ceiling and assess reasonable anticipated growth.
  • The impact fees can only be assessed for capital facilities, equipment, and apparatus wear and tear.

Chair Nate Dowden said the board had no appetite for collecting sales tax and asked if the Legislature limits the use of impact fees, noting the stipulation that fees cannot be used for additional staffing. Hypothetically, a development could necessitate a new station which would cost the most, and the fees would cover the construction but not any additional staffing, he said.

Glesne said that before adopting an impact fee, the study would look at the district’s projected growth overall and not just one development. The district can already provide service to multi-story buildings, but the study will address the latter not the former. The study will assess how much impact the growth will have on the fire district. Glesne also said:

  • The board should consider the impact fee and implement it Jan. 1, 2025, with a view to the future and an anticipated growth model.
  • The impact fees cannot be collected for any development already in the construction phase, and fees cannot be collected until after Aug. 7, 2024.
  • The impact fees will be applied upon construction activity when the building permit is approved, and the fee collected will be distributed to the district.
  • Any existing residence or commercial property that changes its footprint above a set square footage would also be assessed an impact fee.
  • The board will establish the fee and additional square-footage limits for existing properties and uniformly apply the fees.
  • The board can revisit the impact fee scale in the future but cannot charge fees on a case-by-case basis.
  • The bill allows fee waivers only for low-income and affordable housing units.

Glesne advised the board to begin pursuing the study and have all its “ducks in a row” ready to adopt the impact fees after Aug. 7. She suggested the board budget at least $20,000 and probably more for the study. Glesne added that a couple of completed impact fee studies with a skeleton request for proposal (RFP) would be forwarded to the board.

Treasurer Jack Hinton said he thought the study would likely be in the range of about $50,000 and it would be hard to appropriate funding for the study until the district receives the bids.

District receives state funding

Fire Chief PJ Langmaid said the day after the May board meeting the reimbursements for SB-23B-001 and SB-22-238 were deposited into the district’s bank account. The funds were allocated via the El Paso County Assessor’s Office with the property tax revenue in April. The additional funding is available for the board to move forward with the Lexipol policy manual development and conduct the impact fee study, he said.

Background: During the budget process in 2023, the district expected to incur lost tax revenue in 2024 of about $373,301, after Proposition HH failed on the November ballot and the state Legislature held a late November 2023 “special session” that resulted in a reduction in property taxes that took away tax dollars from special districts. See www.ocn.me/v23n11.htm#bffrpd. The state promised to reimburse fire district revenue losses, and the district received the following reimbursements:

  • $264,429 for SB-23B-001.
  • $213,440 for SB-22-238.

The state gave back more than anticipated for a total of $477,876, just over $100,000 in additional revenue.

Note: The Board of Directors adopted 14.951 mills for 2024, approving $4.969 million for the budget. The 2024 budget will require amending to reflect the additional funds received.

Wildland fire team deployments

Langmaid said the district was not deployed (at the time of the meeting) and it was uncertain if district would be needed in New Mexico due to torrential rains in mid-June, but the district is available to deploy with the Type 6 brush truck if needed. The wildland team would have deployed to California, but the Type 3 engine is not available due to a significant number of cracks in the aluminum body and mounts. District Mechanic Gavin Smith evaluated the engine and advised against deploying the Type 3 due to the cracks and risk to the engine. Deputy Chief of Operations Chris Piepenburg and Smith have a plan to retrofit the Type 3 cab and chassis, allowing the apparatus to remain in service within the district and avoid the cost of replacing the apparatus.

Hinton said aluminum is fixable and he would like to see the damage.

Piepenburg said a new rear box (pump and tank) would typically be about $250,000, but the plan is to accomplish the retrofit for about $125,000.

Langmaid said he agrees with the retrofit, but the purchase will be dependent on the revenue generated by the wildland team deploying with the Type 6 brush truck in 2024.

Hinton said it is a problem if the wildland team cannot deploy and make money to pay for apparatus repairs.

Piepenburg said the Type 6 brush truck will eventually be deployed, but the requests from California are for a wildland team with a Type 3 engine only.

Lexipol proposal

Glesne provided advice to the board after reviewing the Lexipol contract and said the district’s right to terminate the contract will not be before the end of 2025. The board should allocate revenue to cover the year-and-a-half contract, she said. The contract will need to be corrected to renew Jan. 1, 2026 and not July when the pro-rated half year begins. The contract has limited indemnity, but that is not uncommon in IT contracts. The board could ask for that to be removed, but Lexipol may not be willing to make the change because it is not offering a lot. A lot of agencies are using Lexipol, and the scenario of a lawsuit is unlikely to occur. Lexipol provides a quality product and a warranty that states it is following all of the appropriate laws of the jurisdiction and U.S. laws, living up to the standard of professional service providers, said Glesne.

Hinton voiced concern over Lexipol removing the policy manual if the district decided not to renew the contract.

Glesne said the online portal would close and the district would need to download the policy manual before terminating the contract and make the necessary changes to the content before re-adopting the policies. The policies would be for internal purposes only, she said.

Dowden said the document may only be online and unavailable to print.

Vice Chair Kiersten Tarvainen requested clarification on the right to retain the policies produced for the district during the contract.

The board approved the Lexipol policy manual development contingent on the items that needed clarification or amending and authorized Langmaid to execute or nominate a designee in his absence.

Financial report

Hinton said that as of May 31, the district had about $2.7 million in the General Operations Fund and a combined total of about $3.654 million (includes reserve funds, deployment operations, and TABOR). The district received about $250,775 in county taxes and $337,000 in wildland deployment revenue. The annual payment of $45,000 was made for the 2022 Pierce Enforcer 4395 engine. The district’s total expenses year to date are about $2.4 million. The district is at 40% of the anticipated budgeted expenses and 1.66% below the projected expense budget, he said.

The board accepted the financial report as presented, 4-0.

Langmaid said the only notable expense was $9,000 to Hoelting & Sons for the 2023 audit.

Chief’s report

Langmaid said:

  • He had been invited to speak at 2nd Battalion (General Support), 4th Aviation Regiment at Fort Carson.
  • The board received two concrete proposals for review and discussion at the July meeting, approval in August with pouring of concrete in September.
  • Staff completed about 2,323 training hours in May.
  • The district continued EMS and fire training with Monument Fire District (MFD).
  • The district responded to a small structure fire on Highway 83 with MFD.
  • The fire danger signs around the district are checked daily and updated when needed as fire conditions change.

Fireworks concerns

Tarvainen asked about the district’s plans for the Fourth of July fire danger change in operations coverage.

Piepenburg said that depending on the weather conditions that are forecasted to be hot and dry over the next few weeks, extra precautions and upstaffing will likely be made on and around the Fourth of July holiday, as residents set off more fireworks than usual and the fire danger challenges become greater; it is always a dangerous day.

Langmaid said the big challenge is due to fireworks not being illegal in the county. State law only requires an evaluation one week before announcing any fireworks ban for the Fourth of July. A significant issue occurred July 4, 2022 in Black Forest when about 50 to 100 mortars were launched at a property and law enforcement almost brought in an explosive ordinance disposal team, he said.

Executive session

The board moved into executive session at 8:34 p.m. pursuant to Colorado Revised Statute 24-6-402(4), (e) to determine positions relevant to matters that may be subject to negotiations regarding the district’s ambulance service.

After the meeting, Logistics Officer Rachel Dunn confirmed that no action was taken when the board returned to the regular meeting and then promptly adjourned at 9:03 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 July 17 at 7 p.m. For joining instructions, updates, agendas, minutes, and reports, visit bffire.org or contact the Administrative Office at admin@bffire.org or call 719-495-4300.

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

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