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

Monument Town Council, July 31 – Special Town Council Meeting Results in Town Manager’s Dismissal

By Chris Jeub

This report covers the special Town Council meeting on July 31st, 2024, which was not included in the print edition due to time constraints.

The Town of Monument held a special Town Council meeting on July 31st, 2024. The council conducted three executive sessions: one to determine positions relative to negotiations, another for legal advice on specific personnel matters, and the third concerning personnel matters involving Town Manager Mike Foreman. All motions to enter the executive sessions passed unanimously.

Following the executive sessions, the council considered Resolution No. 46-2024, which approved an employment separation release and settlement agreement for Town Manager Mike Foreman. The reason for Foreman’s dismissal was not disclosed. The resolution was discussed and passed with a unanimous vote of 7-0. No public comments were made, and the meeting adjourned.

Chris Jeub can be reached at chrisjeub@ocn.me.

Other Monument Town Council articles

Monument Town Council, July 2 and 15 – Moratorium lifted; accountability discussed in response to town manager on administrative leave

By Chris Jeub

The Monument Town Council gathered July 2 and 15 for their regular meetings, one of which lifted the town’s development moratorium. One special meeting held July 9 discussed Town Manager Mike Foreman’s paid administrative leave, but the reason for the leave has not yet been disclosed.

Moratorium Lifted

The Town Council voted 7-0 on July 2 to deny the extension of Ordinance No. 13-2024, effectively lifting the six-month moratorium that had temporarily halted the acceptance of new applications under the Town of Monument Land Development Code. The ordinance, initially put in place in January, was meant to manage a backlog and ensure proper handling of about 20 ongoing development applications.

Newly hired Planning Director Dan Ungerleider, presenting the ordinance, confirmed that many of these applications are now complete and awaiting further action from developers. He expressed confidence in handling the current demand, prompting Councilmember Jim Romanello to question the certainty of moving forward without the moratorium. Ungerleider reassured the council of the department’s capability, emphasizing the importance of being fully staffed, which is currently a work in progress.

Concerns were raised by Councilmember Steve King regarding the town’s infrastructure, including roads and the lack of a renewable water fund, as well as unaddressed impact fees. “I don’t want to get too far behind the eight ball here,” King stated, highlighting the financial strains.

Public comments were in favor of ending the moratorium. Local residents, along with representatives from the Home Builders Association (HBA) and other commercial interests, cited the negative impact of the moratorium on property rights, potential sales, and tax revenues. They argued that such measures create market unpredictability.

Town Attorney Bob Cole recommended denying the extension, a sentiment that led to a motion by Romanello to do just that. The motion passed unanimously. In the wake of the council’s decision, Ungerleider urged the development community to “restart” efforts as a service to the community, marking the official end of the moratorium. The lifted moratorium is expected to resume normal development activities.

Accountability discussed

On July 15, Councilmember Romanello initiated a discussion on amending the Home Rule Charter to enhance accountability and oversight within the town’s governance. This move comes shortly after the council placed Foreman on administrative leave due to undisclosed personnel issues.

Romanello’s proposed amendments to Sections 7.3 and 14.2 of the Home Rule Charter include instituting a new oversight mechanism that would allow another senior staff member, possibly the HR director, to report directly to the council. This aims to provide a safe avenue for employees to express concerns without fear of retaliation.

Further discussions included updating the employee manual with more active council involvement and expanding the residency requirement for the town manager to cover the town limits and the 80132 ZIP code to strengthen community connections.

It was agreed that the proposed amendments would be referred to the voters, allowing Monument’s residents to have a direct say in these governance changes, reflecting the council’s commitment to transparency and accountability.

Additionally, the agenda for the upcoming council meeting on July 31 includes two executive sessions led by Town Attorney Bob Cole. One session will address personnel matters involving the town manager, who has been notified about the session, and another will involve a conference with the town attorney to receive legal advice on specific legal questions regarding personnel matters. These sessions may provide further insights into the reasons behind Foreman’s administrative leave.

Note: Because Our Community News went to press before the July 31 meeting, updates regarding the outcome of these sessions will be made available on the newspaper’s website wp.ocn.me following the meeting.

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The Monument Town Council usually meets at 6:30 p.m. on the first and third Mondays of each month at Monument Town Hall, 645 Beacon Lite Road. The next meetings are scheduled for Monday, Aug. 5 and 19. Call 719-884-8014 or see www.townofmonument.org for information. To see upcoming agendas and complete board packets or to download audio recordings of past meetings, see monumenttownco.minutesondemand.com and click on Town Council.

Chris Jeub can be reached at chrisjeub@ocn.me.

Other Monument Town Council articles

Woodmoor Improvement Association, July 24 – Board confirms plans to eradicate prairie dogs

By Jackie Burhans

The Woodmoor Improvement Association (WIA) board held a special meeting on July 18 to fill a vacancy and held its regular meeting on July 24 to discuss prairie dog eradication and hear director reports.

Treasurer vacancy filled

At a special meeting, the WIA board met with Pete Giusti, a candidate to fill the board vacancy left by Connie Brown, who served as treasurer. Giusti introduced himself and answered questions about why he wanted to fill the vacancy. After his departure, the board unanimously voted to appoint Giusti to fill the remainder of Brown’s term ending in 2026.

Prairie dog eradication

After hearing a resident’s complaint about prairie dog infestation in her yard and in The Preserve open space in South Woodmoor, the board agreed to eradicate the prairie dogs so long as neighbors were encouraged to simultaneously treat their surrounding properties. See wp.ocn.me/v24n6wia/. Since that decision, residents have contacted the board and attended the meeting to speak for and against the eradication.

One resident thanked the board for its support of Woodmoor residents near The Preserve near Lewis-Palmer High School. She noted that a very large prairie dog colony had grown due to the construction of Monument Junction and that there were few predators. She said she had bought her property in 2007 and had previously coordinated with Alpine Wildlife Control (AWC) to exterminate prairie dogs on her property as well as the Walters property (subsequently donated to WIA as The Preserve), and had acquired a dog, utilized pellet guns, and installed fencing that was trenched below ground which worked for a while.

More recently, she said there were prairie dog holes in the new trails at The Preserve, her fence and walkway have been damaged, and her dog had to be treated by a veterinarian. She spoke again with AWC to get information about the extermination method, aluminum phosphide (AIP), and its safety for pets, kids, and the trail. She said that nearly all neighbors (13 of 16) agreed to treat their properties. She also acknowledged that the biggest concern would be dogs, who should be kept leashed, and that this will not be a permanent solution and will need to be readdressed further down the road.

Board President Brian Bush noted the board had voted to hire a federal- and state-licensed company to reduce prairie dogs at The Preserve once the number of holes was verified and with the commitments of neighbors to treat their properties. He expected the program to start shortly. Bush said the contractor would return after five days and would remove any prairie dogs they found on the ground.

Another resident expressed her disagreement with the eradication, although she noted she had an infestation of voles near her property. She chose to handle things without poison, she said, after learning that the city of Longmont was using a company called Smith Environmental and Engineering from Dacono, Colo., to remove prairie dogs from Dry Creek Community Park to the U.S. Army Pueblo Chemical Depot (USAPCD) to help restore historic animal populations including black-footed ferrets. The USAPCD is being transferred to local ownership after work was completed to neutralize the chemical weapons that had been stored there. The resident noted that Smith also performed eradications but had switched to carbon monoxide from AIP due to its inhumanity. She suggested that carbon monoxide (CO) was more humane, had no biological fallout, and that the cost was closer to the planned eradication than the removal of the prairie dogs.

Vice President Peter Bille said he has a published report from U.S. Department of Agriculture (USDA). Chapter nine discusses the use of AIP and says it does not have bio fallout. Bush added that the volunteer board had to make decisions in the best interest of all residents and had to be good stewards of the funds entrusted to it from homeowners. He said the contractor would use CO within 100 feet of homes, put AIP into the burrows farther away, and cover the burrow entrances. He said he found debating how to kill prairie dogs, whether by AIP or CO or by removing them to Pueblo, where they would be killed by a predator, interesting, but that in any case, the prairie dogs would be dead. He added that the board’s research shows that CO is not as effective as AIP.

Forestry Director Cindy Thrush said the regulations requiring the use of CO within 100 feet of a home were there for a reason and that the common area is where people walk, so why take the risk? She said she preferred the more humane approach even if it was less effective and cost a small amount more.

Another resident expressed concerns about the environmental impact, suggesting the board let nature take its course. He said the prairie dogs would simply move back in afterward, given the continuing construction. He said he understood that relocation was the most expensive method and did not have a solution but appreciated the board and that his heart goes out to people whose property borders the empty space. Bush noted that predators had not been effective and that eradication would cost $4,240 versus $120,000 to move them to Pueblo and kill them there. He affirmed that the board had made a difficult decision and done a lot of diligence.

Bille said the USDA reports showing the human health and ecological risk assessment on AIP and CO show little difference. He said that dead carcasses fed to birds did not cause them to die and could help regenerate the soil and make it richer. He said that he got different answers from the exterminator and from the USDA reports on how quickly AIP degrades from 30 seconds to 28 hours half-life in the atmosphere and degrades to undetectable levels underground in 18 to 40 days, depending on moisture levels. Bille encouraged residents to read the USDA report, which can be found at www.aphis.usda.gov/sites/default/files/9-aluminum-phosphide.pdf; the report on CO can be found at www.aphis.usda.gov/sites/default/files/8-gas-cartridge-peer-reviewed.pdf.

Bush reiterated that the board makes decisions it feels are in the best interest of the community, and it knows that not everyone will agree. He confirmed that the board will pursue eradication.

Board highlights

  • In answer to a resident’s question about providing an approved list of roofing materials on the website, Administrator Bob Pearsall replied that there were so many varieties that WIA was focusing on approving manufacturers. Bille noted that, as a non-profit, WIA had an obligation to avoid the appearance of unfairness and suggested that residents contact Pearsall at bob@woodmoor.org or 719-488-2693 Ext. 3.
  • Secretary/Community Outreach Director Rick DePaiva reported that the Northern El Paso County Coalition of Community Organizations (NEPCO) held a meeting on parks and trails. He encouraged residents to attend NEPCO meetings and contact WIA for access to the NEPCO website ((www.nepco.org)) for information on community development and resources. See NEPCO article on page < 6 >.
  • With Giusti out of town, Bush reported that WIA is doing well financially. He noted that floors had been redone at The Barn for $8,000 and that the chairs were fitted with new feet to reduce damage to the floors, which will be inspected after each rental.
  • Covenants Director Sue Leggiero reported 25 violations in June, with two unfounded complaints. Two covenant hearings were held in July for fireworks and covenant violations, and unapproved projects.
  • Public Safety Director Brad Gleason reminded homeowners of their responsibility to mow up to the roadway and control tall grasses, which can become a fire hazard. He noted that school starts soon (Aug. 14) and asked residents to be mindful of kids walking to bus stops and schools.
  • Architectural Control Director Ed Miller reported that 61 projects were submitted in June, 49 of which were approved administratively and 12 by the Architectural Control Committee. Year-to-date projects are up 12.5% from the same time last year, and the approval rate is 100%.
  • Forestry Director Cindy Thrush reported 10 forestry visits and noted a successful chipping day held at Lewis-Palmer High School in June, with a second one scheduled for the end of July. Thrush asked the board to approve a motion for an additional $5,000 for mitigation for WIA forestry, which was unanimously approved.
  • Common Areas Director Steve Cutler reported that The Barn had a leak due to a failed pressure relief valve; the carpets were treated, and the wall damage was fixed. He also noted that spraying for noxious weeds had been completed, and the grant paperwork would be submitted by the end of the month.
  • Bush reported that August Drive had finally been repaved and that Lake Woodmoor Drive at Highway 105 was open, but Knollwood Drive had been closed again for two weeks.

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The WIA Board of Directors usually meets at 7 p.m. on the fourth Wednesday of each month in The Barn at 1691 Woodmoor Drive, Monument. The next meeting will be on Aug. 28.

The WIA calendar can be found at www.woodmoor.org/wia-calendar/. WIA board meeting minutes will be posted at www.woodmoor.org/meeting-minutes.

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

Other Woodmoor Improvement Association (WIA) articles

Black Forest Fire/Rescue Protection District, July 1, 6, 11 and 17 – Allegations prompt investigation

By Natalie Barszcz

The Black Forest Fire Rescue Protection District (BFFRPD) Board of Directors held an emergency executive session on July 1 to receive advice from legal counsel Linda Glesne of Cockrel Ela Glesne Greher & Ruhland P.C. (CEGR) Law relating to complaints received against Fire Chief PJ Langmaid, who was placed on administrative leave.

The board held additional executive sessions on July 6 and 11 to receive legal direction and take further action to engage a third-party independent investigator. At its regular meeting July 17, the board, having received further information regarding the allegations, held two more executive sessions to receive additional advice on specific legal questions regarding the investigation of complaints. The board placed two additional executive staff members on paid administrative leave for two months and approved the retention of interim fire chiefs through a mutual aid agreement with Colorado Springs Fire Department (CSFD).

Treasurer Jack Hinton was excused from the July 11 and 17 meetings.

Note: This reporter was unaware of the special meetings held on July 1, 6, and 11, but received copies of the meeting minutes relating to the meetings at the July 17 meeting.

Board receives complaints against executive staff

Chairman Nate Dowden and Vice Chair Kiersten Tarvainen held an emergency special meeting on July 1 to convene an executive session with legal counsel after the board received emails from staff members citing allegations against Langmaid on June 28 and 30 and July 1.

The board placed Langmaid on paid administrative leave until July 17 in a 3-2 vote.

The board unanimously approved legal counsel to obtain a third-party investigator to initiate an investigation into the allegations made against Langmaid with the preliminary findings to be presented to the board by July 15. The board also unanimously approved legal counsel to explain the allegations made to Langmaid, with notification that an investigation would ensue, and legal counsel would provide legal notices as required.

A motion was made and unanimously approved to limit the actions of the command staff to only operational needs. All policy, personnel decisions, including modifications of positions, work schedules, and any hiring and firing decisions would require board approval. For the duration of the paid administrative leave, communication to the board would be made jointly to Dowden and Tarvainen.

The board approved Langmaid’s email be moved to Logistics Officer Rachel Dunn for appropriate filtering in a 4-1 vote.

The board appointed Dowden and Tarvainen to email staff about the start of the investigation for the allegations received on June 28.

The board acknowledged more information had been received identifying organizational leadership and cultural challenges in the department on June 30, and additional information was received from Langmaid on July 1 regarding the operational and cultural leadership challenges that occurred on July1.

On July 6, the board held an executive session relating to a personnel matter involving Langmaid (Tarvainen was excused before any decisions were made in the regular session). Langmaid attended the July 6 meeting. When the board reconvened in public session, a letter of no confidence regarding Langmaid was discussed by the board. The letter received on June 30 was from staff members but advised that it did not represent all members of the district.

Hinton stated that any investigation needed to be “360 degrees,” and he urged all members to assist during the investigation.

Director James Abendschan stated, “If we leave Division Chief of Operations Chris Piepenburg and the Training Capt. Michael Torres in their positions the culture is untenable, the grapevine is alive and well, and the department is not a healthy working environment. We have a qualified administrator that can keep the ball running, and captains who are qualified to run calls.”

Hinton said, “If we place them on leave and get a fire, what happens?”

In a 4-0 vote, the board authorized CEGR law firm to initiate and lead a comprehensive investigation into the claims and issues brought forward about the command staff and overall leadership culture within the department.

The investigation is intended to identify the issues of concern, and all supervisory personnel are advised to adhere to all district policies, with special attention to Policy 203 regarding unlawful discrimination, harassment, and retaliation.

A motion to extend Langmaid’s paid administrative leave to August and add Piepenburg and Torres lacked a second motion and died.

Based on further information disclosed to the board deeming the actions committed by Langmaid to be terminable, a motion was made to terminate Langmaid’s contract. The termination is consistent with paragraph 7.1, item 4, termination with cause, and based on Policy 100 and the violation of core values. With a 2-2 vote, the motion failed.

The board unanimously directed Dunn to contact the district’s information technology provider to provide forensic analysis of the potential unauthorized access of Langmaid to Dowden’s, Piepenburg’s and Torres’s emails.

The board unanimously approved a modification to extend Langmaid’s paid administrative leave to a time when all board investigations are completed.

On July 11, the board moved into executive session to receive legal advice concerning specific legal questions regarding the investigation of complaints. When the board reconvened, Dowden said the board had conferred with legal counsel and received legal advice. A discussion surrounding possible interim leadership for the department would continue at the July 17 regular meeting.

Board takes further action

At its regular meeting on July 17, before the executive session, the following comments were made:

Retired firefighter and former two-term board Director Richard Nearhoof said the department had come a long way since the Black Forest Fire in 2013. He thanked everyone in attendance and said the department is well-equipped and employs well-trained personnel. Langmaid has done a great job as fire chief, and despite some differences of opinion between the chief and the board, mutual agreements are usually reached. “I am proud of the department,” he said.

Tarvainen thanked all members of the BFFRPD in attendance and watching via Zoom for being invested in the department and community and said everyone is appreciated by each member of the board. She said she would send the following statement to all department members via email:

“The board has been made aware of some serious allegations that are now being investigated. The board requests each member fully cooperate to allow the board to fully understand all that has happened. The decisions made tonight will make it easier for the line staff and allow the investigators to do their job. As the board enters into executive session, think about what is written on the sleeve of your work uniforms, ‘They for THEM,’ and why you are a firefighter in the Black Forest community.

The residents have entrusted each of you with the stations, the apparatus, the equipment and each other, and they want you to protect the community. If the residents were to walk into the station their tax dollars have paid for, would they approve of all of the behaviors that are taking place, would they be OK with the culture that exists and how you treat each other? As a taxpayer of the community, a board member that has sworn an oath to ensure the district is doing what is expected, and a recently retired member of the fire service with over 30 years of experience, if the allegations are true, I am not OK with any of it; I am saddened, angered, and disappointed. We are going to get to the truth, make the necessary course corrections and allow the firefighters to perform their jobs with pride. The board is supporting the line staff and doing the right thing,”

Executive session

The board moved into executive session at 7:24 p.m. pursuant to Colorado Revised Statute 24-6-402(4), (b) to receive legal advice on specific legal questions regarding the investigation of complaints and the retention of an interim fire chief, and potential formal action regarding items discussed during executive session.

When the board returned to the regular meeting at 9:48 p.m., Dowden said he echoed the speech Tarvainen made and said it is a challenging time for the department and every member has questions. The board has directed the district counsel to proceed with an investigation over a variety of matters brought to the board. CEGR Law has retained an independent third party to facilitate the investigations. The unbiased process retained by district counsel has begun to investigate the allegations, and the lack of information provided at this time is to maintain anonymity and privacy for all parties involved. He requested the board remain professional and allow the third-party investigation process to continue.

In a 3-1 vote, the board placed Piepenburg and Torres on paid administrative leave for the remainder of the investigation after additional information was made known to the board during the investigation. Director Chad Behnken recused himself due to a conflict of interest.

In a 3-1 vote, the board authorized legal counsel to inform Piepenburg and Torres with the explanation of the paid administration leave and authorized both email accounts to be directed to Dunn for filtering. Director Chad Behnken recused himself due to conflict of interest.

In a 4-0 vote, the board approved Tarvainen and Dowden to work with Dunn to negotiate an interim operational fire chief from CSFD, for an anticipated period of not less than 60 days, with the ability to extend on a month-to-month basis as deemed necessary by the board.

The meeting adjourned at 9:56 p.m.

After the meeting, Dunn confirmed to OCN that all operational calls the chiefs would typically respond to would be handled by CSFD battalion chiefs until the investigation is complete.

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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 Aug. 21 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.

Other Black Forest Fire Rescue Protection District (BFFRPD) articles

Monument Planning Commission, July 10 – Orientation workshop for new members

By Lisa Hatfield

The Monument Planning Commission held a new-member orientation workshop, instead of a formal meeting, on July 10. It was open to the public, but no action items were discussed, deliberated, or acted upon during this session.

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The Monument Planning Commission usually meets the second Wednesday of each month. To see the options for remote public participation in each meeting, visit www.townofmonument.org/263/Planning-Commission-Board-of-Adjustment. Info: 719-884-8028 or at www.townofmonument.org.

Other Monument Planning Commission articles

Lisa Hatfield can be reached at LisaHatfield@ocn.me.