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Articles from Vol 24 No. 10 - October 5, 2024

Monument Sanitation District, Sept. 18 – Board reviews rate study

By Jackie Burhans and James Howald

At its September meeting, the Monument Sanitation District (MSD) board heard a report on a rate study performed by GMS Inc. and an operational report from District Manager Mark Parker. The board discussed the three board seats that will be open in the next election cycle.

Dannah Koeniger, a project engineer, and Erica Countryman, a staff engineer, both with GMS, presented to the board their study of the district’s rates. Koeniger said the purpose of the study was to ensure that the district would have adequate revenue to cover planned operational expenditures. Capital projects were not included in the study. Rates should be fair, reasonable and justifiable, she said.

At present, the residential rate is $40 per month and the commercial rate is $40 per month for the first 5,000 gallons of wastewater and $5.10 for each 1,000 gallons thereafter, Koeninger said. The late fee is 5% of the unpaid balance. The district has 1,635 residential accounts and 135 commercial accounts. The study used a five-year review period from 2025 to 2029 and assumed an annual growth of 10 residential accounts per year during that period. Expenditures were projected to increase 4% per year due to inflation, and the study assumed $59,700 per year in revenue from interest, rental of part of the headquarters building, and other sources.

Koeniger said rates should generate $50,000 per year beyond operating costs so the district can build its reserves. The district could consider one large increase during the review period or smaller annual increases to meet this goal, she said. Koeniger noted the district had last raised its rates in 2020.

Countryman noted a big jump in the district’s expenses between 2021 and 2023 and said she expected 2024 “to come in negative.” She said the costs of salaries and benefits have increased in every community between 2021 and 2023 and she wanted to make sure the district could keep qualified staff. The cost of electricity has increased, which affects the cost of operating lift stations, she said.

Koeniger pointed out that newly published standards for wastewater treatment, such as the standards for PFAS chemicals, would also increase the district’s expenses.

Parker said the board would discuss the future of its rates at the November board meeting,

Manager’s report

In his manager’s report, Parker said the lift stations were working well, there were no issues with the tenants renting space in the district’s building, and improvements to the district’s supervisory control and data acquisition system (SCADA) were on budget but taking longer than expected as issues with upgrades to the radios not yet resolved.

Parker asked the board to approve Resolution 09182024-1, which specifies the MSD office is open from 6:30 a.m. to 4:30 p.m. Monday through Thursday and closed on Fridays. The board voted unanimously to approve the resolution.

Parker said MSD’s old website was not automatically forwarding to the new website, but that problem has been fixed.

Three board seats to be vacant

Director John Howe pointed out that three directors would need to be elected in 2025. Parker explained that board President Dan Hamilton and Howe have both served two terms and are term limited, but Director Skip Morgan could run for a second term.

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Monument Sanitation District meetings are held at 9 a.m. on the third Wednesday of the month in the district conference room at 130 Second St., Monument. The next regular meeting is scheduled for Oct. 16. See https://MonumentSanitationDistrict.org. For a district service map, see https://MonumentSanitationDistrict.org/district-map. Information: 719-481-4886.

Jackie Burhans can be reached at jackieburhans@ocn.me. James Howald can be reached at jameshowald@ocn.me.

Other Monument Sanitation District articles

El Paso County Regional Loop Water Authority, Sept. 19 – Board postpones non-disclosure agreements

By James Howald

The El Paso County Regional Loop Water Authority (EPCRLWA, or the Loop) board met briefly in September to hear a progress report from John Kuosman, a water practice leader with Merrick and Co., who serves as the Loop’s workflow manager. Board President Jessie Shaffer gave a financial report. The meeting ended with an executive session after which no action was taken.

Madeline Vandenhoek, the interim town manager for the Town of Monument, replaced the previous Town Manager Mike Foreman. The Cherokee Metropolitan District did not have a representative at the meeting.

Progress report

Kuosman told the board he had sent a letter to Colorado Springs Utilities (CSU) asking for its timeline on allowing the Loop to use the Southern Delivery System pipeline to convey the Loop’s water and to use the Edward W. Bailey Water Treatment Plant to treat its water. The Loop has been trying to negotiate the use of CSU’s infrastructure for several months without reaching an agreement. Kuosman said he thought CSU could be open to sharing resources with the Loop at the end of 2025.

Kuosman said three of the Loop’s providers—EPCOR, a financing company, Vidler Water Company Inc., which develops water supplies, and Tallgrass Water, a water infrastructure company—had requested the Loop board sign non-disclosure agreements (NDAs) with them to protect their financial estimates. Kuosman said he and Nicole R. Peykov, the Loop’s attorney, recommended waiting before signing the NDAs provided in the board packet for the meeting. In response to Kuosman’s recommendation, the board tabled its vote on the NDAs.

Financial report

Shaffer listed five invoices the Loop had received in the last month from providers:

  • Fromm & Co., $592.
  • JVA Inc., $5,268.
  • Kimley Horn, $1,780.
  • American Co., $12,010.
  • Spencer Fane, $4,204.

The board voted unanimously to approve paying the invoices.

Executive session

The meeting ended with an executive session to receive legal advice from the Loop’s attorney on negotiating positions regarding the use of the funds remaining from the $4 million American Recovery Plan Act (ARPA) grant the Loop received from the Biden administration via the El Paso Board of County Commissioners. No votes were taken after the executive session.

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The next regular meeting is scheduled for Oct. 17 at 9 a.m. Regular meetings are held on the third Thursday of each month at 9 a.m. at the Monument Town Hall at 645 Beacon Lite Road. Workshop meetings are held the first Thursday of each month at 9 a.m. at the Cherokee Metropolitan District offices at 6250 Palmer Park Blvd., Colorado Springs. Please see loopwater.org or call 719-488-3603 to verify meeting times and locations.

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

Other LOOP articles

Donala Water and Sanitation District, Sept. 19- -Board continues term limit debate

By James Howald and Jackie Burhans

At its September meeting, the Donala Water and Sanitation District (DWSD) board continued its discussion of waiving its current policy which allows directors to serve a maximum of two four-year terms. The board heard financial and operational reports.

Board President Wayne Vanderschuere was excused from the meeting. Board Vice President Bill George facilitated the meeting.

Lawyer explains constraints on term limits

General Manager Jeff Hodge told the board that he had received a memo from Linda Glesne of CEGR Law, the district’s legal team, addressing the district’s discussion about extending the terms of incumbent directors or allowing them to serve more than two consecutive four-year terms. The issue was discussed at the board’s August meeting. Glesne wrote that the board does not have the authority to extend terms or waive term limits, but it can call an election to ask the voters to do so. Voter approval must be obtained before the Feb. 28, 2025 deadline for submitting candidate nomination forms for the May 2025 election. She said incumbent board members would not need to recuse themselves on a vote calling for an election.

Hodge said the current policy on term limits made it difficult to maintain continuity regarding long-term projects such as the Loop water re-use effort. George used himself as an example, pointing out that after his first two terms he was “beginning to get smart.” He was then required to leave the board for four years before running for another term. Director Ed Miller said, as a general principle, he was in favor of term limits.

The board took no action following the discussion, but there was a consensus to consider putting the issue before the voters at a future time.

Financial report

In his summary of district finances, Hodge said he believed DWSD was on track to collect the $650,000 in water revenue for which the district had budgeted. Revenue from property taxes was also on track. Hodge estimated the impact of the changes to property taxes enacted in the special session of the Legislature to be a reduction of about $23 per year for each $500,000 of home value. “This isn’t going to shut us down,” he said.

In terms of expenditures, Hodge said there was nothing unusual except the cost of a water main break adjacent to Baptist Creek Road. He said the district had saved money by making sparing use of its water from Willow Creek Ranch that it pays Colorado Springs Utilities to convey, treat, and deliver. That water is expensive, Hodge said.

Operational reports

In his manager’s report, Hodge noted the impact of the water line break that Water Operator Joe Lopez discovered on the Friday morning preceding the Labor Day weekend. The water line was PVC pipe that was installed directly on top of solid rock. Lack of proper space under the pipe caused it to push against the rock each time a pump started, causing a 20-foot section of the pipe to split. Hodge estimated repairing the line cost the district between $50,000 and $60,000.

Hodge said about two miles of the pipe were installed on rock and it was likely there would be further breaks in the future. He said that rather than repairing the entire two-mile portion, the district’s money would be better spent on wells 4A and 11D, which could supply water to the Holbein Treatment Plant without using the pipe in question.

Water Operator Ronny Wright gave the board an update on the work being done to rehabilitate the district’s two water storage tanks. Wright said the walls of the West Tank were in good shape but the structural elements at the top of the tank needed more repairs than expected. The West Tank is 45 years old, he said, and the I-beam that provides the center of support “is shot.” Hodge said a cost estimate was needed before repairs could proceed.

Wright had better news about the East Tank, saying its rehabilitation was complete and it was back in service, with a small leak that was being repaired by divers.

Hodge told the board that Well 1A, which has been an important water source for the last 3½ years, is offline and LRE Water has been engaged to diagnose and repair it. Well 16A, the district’s newest well, is now fully online and is filling the gap resulting from Well 1A’s problems, he said.

Hodge commended Water Operator Ross Robinson for the presentation he gave on DWSD’s radium mitigation efforts, along with Mathieu Medina of Corona Environmental Consulting, at a recent wastewater conference. Hodge said it can be hard to be the first to address a problem, but “you get to write your own rules.”

Above: On Aug. 30, the Friday before Labor Day, Donala Water and Sanitation District (DWSD) Water Operator Joe Lopez noticed water running down Baptist Road. At the same time, equipment was measuring a drop in water in one of Donala’s water tanks. Lopez diagnosed the problem as a water main break on Baptist Road near Fox Run Regional Park. The PVC pipe, installed many years before directly on bedrock, was stressed each time a pump turned until a 20-foot split occurred. General Manager Jeff Hodge estimated the repair cost to be between $50,000 and $60,000. He said the district would focus on repairing other wells that feed its water treatment plant directly and removing dependence on the old pipeline. Photo courtesy of Donala Water and Sanitation District.
Above: At its Sept. 19 board meeting, Donala Water and Sanitation District (DWSD) heard from Water Operator Ronny Wright that one of the two tanks the district is rehabilitating needs more work than anticipated. Wright said the West Tank, which is 45 years old, has extensive issues with the I-beams supporting the top of the tank, and the district was obtaining a cost estimate before proceeding with the repair. The East Tank, he noted, is back in service. Photo courtesy of Donala Water and Sanitation District.

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The next board meeting is scheduled for Thursday, Oct. 17 at 1:30 p.m. Generally, board meetings are held the third Thursday of the month at 1:30 p.m. and include online access; call (719) 488-3603 or access www.donalawater.org to receive up-to-date meeting information. The district office is located at 15850 Holbein Drive, Colorado Springs.

James Howald can be reached at jameshowald@ocn.me. Jackie Burhans can be reached at jackieburhans@ocn.me

Other Donala Water and Sanitation District articles

Black Forest Fire/Rescue Protection District, Sept. 5 and 18 – Interim fire chief on board; live fire training suspended

By Natalie Barszcz

The Black Forest Fire Rescue Protection District (BFFRPD) Board of Directors held a “special meeting” on Sept. 5 to receive legal advice from attorney Dakota Spence-Zurek of Cockrel Ela Glesne Greher & Ruhland, P.C. (CEGR) Law regarding the hiring of an interim fire chief and to receive legal advice regarding the departure of former Fire Chief PJ Langmaid. The board approved the hiring of Battalion Chief Josh Bartlett as the interim fire chief.

At its regular board meeting on Sept. 18, the board heard the “live fire” training drill grounds were out of compliance with National Fire Protection Association (NFPA) standards. The board received the 2023 audit presentation with a “clean opinion,” and received a petition to exclude 128 platted homes.

The board held an executive session to receive legal advice from CEGR Law regarding personnel matters relating to the second investigation into the allegations brought against Deputy Chief of Operations Chris Piepenburg and Training Capt. Michael Torres during the investigation of the former fire chief. The meeting was preceded by the annual Volunteer Pension Board of Trustees meeting.

Special meeting executive session

At the Sept. 5 “special meeting,” the board promptly moved into executive session at 7:11 p.m., pursuant to Colorado Revised Statute 24-6-402(4), (b) to receive legal advice on the departure of the fire chief and the appointment of an interim fire chief. See wp.ocn.me/v24n8bffrpd/

When the board returned to the regular session at 8:13 p.m., Chair Nate Dowden said the district needs an interim fire chief until the board conducts a search for a permanent fire chief. The interim appointment will help the department organize and return to normal operations, he said.

The board unanimously appointed Colorado Springs Fire Department (CSFD) Battalion Chief Bartlett to the position of interim fire chief.

Bartlett will continue to maintain his career with CSFD during his temporary interim fire chief role. He has the necessary background and skills to provide the expertise needed for the department to regain its footing and is willing to take on the role, said Dowden.

The special meeting adjourned at 8:23 p.m.

Note: The district ratified an agreement with CSFD for the provision of interim Battalion Chiefs Bartlett and David Rocco to share the operational duties of the district from Aug. 1. The district is paying for both part-time employees.

Secondary investigation continues

The board moved into executive session at 7:52 p.m. on Sept. 18, pursuant to Colorado Revised Statute 24-6-402(4)(b), to receive legal advice regarding personnel matters that have been subject to investigation.

When the board returned to the regular session at 9:06 p.m., the following action was taken:

Vice Chair Kiersten Tarvainen made a motion to authorize Dowden to execute the terms of the separation agreement with Langmaid as presented by legal counsel. See https://krdo.com/news/2024/09/09/documents-claim-black-forest-fire-chief-choked-out-firefighters-fostered-fears-of-retaliation/

The board unanimously accepted the motion.

Dowden said the board was briefed by legal counsel on the status of the ongoing investigation, and the investigator is still working diligently and expeditiously to wrap up the investigations. It is a process, and everyone’s patience is appreciated as the district works through the investigations, he said. Legal counsel will apprise the individuals of the current status of the investigation, Dowden said.

Note: At the Aug. 21 board meeting, the board approved a second investigation into the allegations brought against Piepenburg and Torres during the initial investigation into allegations made against Langmaid. Piepenburg and Torres remain on paid administrative leave.

Fire Drill Grounds deemed unsafe

Dowden said that when the district retained Bartlett, the board asked him to examine the department’s strengths, weaknesses, opportunities, and threats (SWOT), and he identified some issues with the Fire Drill Grounds. All of the directors have walked the training grounds with the chief except Director James Abendshcan, but a time will be scheduled to examine the grounds together. He asked Bartlett to explain the NFPA standard and what that means for the board representing the district.

Bartlett said the NFPA has standards “best practices for the industry” unlike Occupational Safety and Health Administration standards, that are not mandated across the board, and said:

• The district has the ability to take on the NFPA standard or be compliant at the same level, backed up by a standard operating procedure or a standard operating guide to the same standard.

• After walking through the training grounds looking for compliance with the 2018 NFPA standard 1403, that relates to live fire props and burns, setting fires using wood and straw to create a realistic atmosphere for training, he found the grounds were outside the regulation, and the district would need to accept that liability.

• Training grounds come with a lot of liability, and one firefighter is on limited duty due to a recent injury on the training ground. It happens within the fire service, but the liability should always be reduced where possible while still maintaining realistic training grounds.

• He walked the training grounds with the acting captains and lieutenants, trying to find out about previous training experiences and how the district uses the training grounds, to determine if the district complies and whether the department can reduce the liability.

• Some challenges can be cleaned up, but the district is not in compliance with the 2018 NFPA 1403 standards.

Dowden said it sounds like the board and staff have a task to identify where the district goes, what we are doing, and what the district is doing as the jurisdiction accepting liability.

Bartlett said that as the district moves toward a permanent chief, he recommended implementing one-year, five-year and 10-year plans, with an initial cleanup to bring the training grounds into compliance, but it will take funding. Multiple departments use the training facility, and Pikes Peak State College (PPSC) runs a 16-week training academy at the facility.

Dowden asked if the district is still partnered to jointly host the academy with Monument Fire District (MFD) and PPSC to run a course.

Bartlett said the PPSC Firefighter Academy course is scheduled to begin January 2025, with candidates identified by the college and MFD, but the district is unsure if the budget will allow for firefighter trainees.

Dowden said that bringing the training grounds into compliance will require some budget needs for the fire academy between now and January, before the classes begin.

Bartlett said the district must be as compliant as it can be if it is to host training and ensure that everything has been done to reduce liability as much as possible before the classes begin. As of Sept. 18, live fire training at the district’s training facility is suspended until the modifications can be made to the fire drill grounds, and certified 1403 live fire instructors and safety officers are in place, said Bartlett.

Bartlett said the SWOT analysis of the department as a whole would hopefully be provided to the board in October. He continues to be employed with CSFD and is working part time for BFFRPD, and sharing duties with Rocco, he said.

Dowden said the board appreciates the continued support from both battalion chiefs.

Aspen Meadows development exclusion petition

Logistics Officer Rachel Dunn presented the board with a petition for exclusion for 128 platted properties in subdivision filing 4 in a development between Forest Meadows Avenue and Cowpoke Road.

Treasurer Jack Hinton said the district has not begun to receive property taxes for the development, and the exclusion would not take place until next year, but the district is dual responding with CSFD. The petition for exclusion is not part of the 2018 ongoing exclusion process of about 2,200 homes bordering the southern portion of Black Forest subject to dual taxation. If it takes that long to go through the court process, the district will receive revenue for the homes when they are built, he said.

Note: After the district approved the exclusion process in 2018, the process was slow until a number of residents questioned the delay in 2020. About 700 homes out of 2,200 homes were excluded at the end of 2021, and about 952 properties are pending exclusion as of December 2023. In August 2013, CSFD opened Station 21 to provide services in the area subject to dual taxation. The exclusion process was implemented incrementally, as agreed upon by all governing parties, to avoid losing about a third of the district’s property tax revenue all at once. See wp.ocn.me/v24n1bffrpd/.

2023 audit presentation

Auditor Tom Sistere thanked the executive staff and the Board of Directors for hiring Hoelting & Sons to conduct the 2023 audit and said the district’s financial condition is strong and the financial statements are presented fairly in all material respects. The audit result is an unmodified or a “clean opinion.” The audit gives two presentations, government-wide financial statements and fund financial statements, and Sistere said:

  • In the government-wide statement of net position, the overall cash and investments were up by about 26%.
  • Capital assets were down $147,000 as depreciation exceeded capital outlay.
  • Liabilities were up just $76,000 as the net pension liability was up $198,000. It was reduced by accounts payable and other liabilities being down by about $80,000.
  • The Firefighters Police Pension Association (FPPA) membership is a lot healthier than the Public Employees Retirement Association pension. The FPPA over the years has been more financially responsible in managing the pension funds.
  • The overall equity position was up $394,000.
  • The General Fund ratio of unassigned fund balance to expenditures has consistently landed over the past couple of years as having about 110-160 days’ worth of fund balance coverage. (The district needs to cover about three months into the next calendar year until property tax revenue is received in March).
  • Revenues were up about $54,000 (about 1%) due to additional tax revenues.
  • Expenditures were down due to less capital outlay.
  • Recommendations were made for the internal controls, but there were no negative findings.

Sistere said it was good first-year audit, and he thanked the staff for their help, noting the audit had already been submitted to the state

The board unanimously accepted the 2023 audit as presented.

Financial report

Hinton said that as of Aug. 31, the district had about $3.392 million in the General Operations checking account. It is about 7% under the anticipated budget for 2024, and it will add the unspent funds from the 2024 budget to next year’s budget.

The board unanimously accepted the financial report as presented.

District Administrator Lisa Emry said the district had received $25,406 in ambulance revenue and received in total tax revenue of $47,790. The notable expenses were the following:

  • Painting of the new brush truck for $5,000.
  • Repairs to the Type 3 Engine for $15,596.
  • Annual renewal of contract with Stryker $7,123.

Logistics Officer Rachel Dunn said the district sold the Vermeer Skid Steer for about $12,577, and district mechanic Gavin Smith is building out the Type 6 brush truck and diagnosing the electrical issues on Engine 713.

The financial and department report can be found at www.bffire.org.

Impact fee study

Dowden said the department needs to be mindful of implementing impact fees, and he recommended the board begin formulating a request for proposal to find a consultant to conduct the impact fee study in October. He will request an update from Glesne for the October meeting, he said.

The meeting adjourned at 9:08 p.m.

Volunteer Pension Board of Trustees

Volunteer Pension Board Trustee Lisa Montijo was excused.

The board approved the minutes of the meeting held on Sept. 20, 2023.

Hinton reviewed the financial records for the volunteer pension fund and said:

  • The beginning balance six months ending June 30, 2024 was about $1.379 million in the FPPA volunteer pension fund.
  • Allocated income and expenses were about $66,991.
  • The ending balance was about $1.419 million.

The accountants find the fund over capitalized annually, but the district will continue to contribute $10,000 annually to the fund to gain the state contribution of $9,000.

The financial report was accepted as presented, 6-0.

Dowden asked board Secretary Donna Arkowski about the continued growth of the pension fund and questioned if the board should re-evaluate the district’s contributions.

Arkowski said the board has the latest actuarial report (generated every two years) stating the volunteer pension fund is overfunded, but the recommendation is for the district to continue funding to maintain the fund that has 20 volunteer pensioners and two spouse survivors receiving a monthly pension. It does not take much to go from overfunded to an “oops” situation, she said. The fund pays out about $37,000 monthly and when the last pensioner passes, the district will receive the remaining balance, said Arkowski.

Dowden said the advice for the board is to read the actuarial report carefully before making any changes.

The next annual meeting is scheduled for Sept. 17, 2025.

Arkowski and the board members thanked former Paramedic/Captain John Strupp for his volunteer service from 1993-2005. Strupp serves as a Volunteer Pension Board trustee.

The Volunteer Pension Board meeting adjourned at 7:08 p.m.

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Correction

In the September edition, the BFFRPD article should have stated “Acting Capt./Lt. Michael Alverado.” OCN regrets the error.

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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 Oct. 16 at 7 p.m. For joining instructions, updates, agendas, minutes, and reports, visit https://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 articles

Donald Wescott Fire Protection District, Sept. 25 – Meeting postponed due to board member’s absence

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) meeting on Sept. 25, the board was set to approve three notices of termination for mutual aid to partner agencies and approve an assignment and assumption agreement for vehicle storage at the property on Sun Hills Drive (former fire Station 3). But the meeting was postponed until a date in October due to the absence of Director Mike Forsythe. An update was announced on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD).

District merger update

Attorney Emily Powell of Ireland Stapleton Pryor Pascoe PC law firm, attending via Zoom, said the district court hearing on the dissolution of the DWFPD occurred on Sept. 20, approving the action for Dec, 31, 2024. See wp.ocn.me/v24n8dwfpd/.

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Meetings are usually held on the fourth Wednesday of the month. A “special meeting” to conduct the business postponed from the September regular meeting be held Tue., Oct. 8, 2:30 pm. See the MFD website for updates. The final regular meeting is scheduled for Tue., Dec. 4 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.

Other Donald Wescott Fire Protection District articles