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Articles from Vol. 24 No. 11 - November 2, 2024

Palmer Lake Board of Trustees, Oct. 10 and 24 – Board begins “flagpole annexation” process for Buc’ees travel center on I-25

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees set a date for a public hearing on a set of six requests to annex portions of County Line Road and land just east of I-25 at which a Buc’ees travel center would be located. Town Administrator Dawn Collins presented a proposed budget for 2025, and the board set a date for a public hearing on it. The board authorized the demolition of six cabins on the Elephant Rock property. The town’s code regulating outdoor burning was amended.

Town Attorney Scott Krob summed up recent changes to state law and case law that might affect Palmer Lake. In her administrative report, Collins introduced the town’s newly hired parks maintenance technician and code compliance officer and discussed flooding at the police station. The board heard a petition from residents concerning excessive noise from a house in Red Rocks Ranch owned by developer Matt Dunston.

The Oct.10 meeting included an executive session after which the board voted to sign a disconnect for the United Congregational Church.

Proposed travel center requires “flagpole annexation”

In the packet materials for the Oct. 24 board meeting, Collins documented the receipt of six requests to annex property east of the town, including the south half of County Line Road and two parcels just east of I-25. She outlined the town’s obligations when requests for annexation are received: The clerk must bring the requests to the board at its next meeting, and the board must set a date for a public hearing to determine if the requests meet the legal requirements for annexation. She emphasized that the resolution before the board was only to set a hearing date and not to decide whether the annexation was legal or in the best interests of the town.

This would be considered a “flagpole annexation,” which refers to a practice where a municipality acquires new territory that is connected to an existing territory by a thin strip of land. The strip of land resembles a flagpole.

At the Oct. 24 meeting, Mayor Glant Havenar introduced Resolution 52-2024, which sets Dec. 12 as the date for the annexation eligibility hearing. She said the resolution was only procedural.

Trustees Shana Ball, Kevin Dreher, Nick Ehrhardt, Jessica Farr, and Dennis Stern voted in favor of the resolution, along with Havenar. Trustee Samantha Padgett voted no.

Buc’ees currently operates one travel center in Colorado, a 74,000-square-foot building in Johnstown with 116 fuel pumps and 275 staff members.

Proposed 2025 budget presented

Collins said the draft budget “has a bit of everything,” and she expected objectives and priorities to be made “to bring this to balance.” The board voted unanimously to hold a public hearing on the budget at its Nov. 14 board meeting.

The draft budget is available on the town website here: https://www.townofpalmerlake.com/media/16056.

Contract to demolish cabins awarded

At the Oct. 10 meeting, Collins reviewed the recent decisions regarding the six cabins on the Elephant Rock property. She said that last fall the board had asked for quotes to demolish the cabins and had set a maximum of $70,000 for the work. The demolition permit from the state required an asbestos report, which revealed the presence of asbestos. The asbestos was abated, she said, and the Fire Department planned to use the cabins for seven days of training. Three companies bid on the demolition work with bids ranging from $75,000 to $79,350. Collins recommended accepting the bid from West Fork Construction, which was the lowest of the three.

Trustees Dreher, Ehrhardt, Farr and Stern, along with Havenar, voted to award the demolition contract to West Fork Construction. Ball and Padgett voted no.

Chief reviews fire mitigation

At the Oct. 24 meeting, Palmer Lake Fire Chief John Vincent gave the board a presentation on fire mitigation on personal property. He reviewed the Hayman, Waldo and Black Forest fires and discussed the controlled burns currently going on at the town’s Elephant Rock property. He said there was a science and an art to controlled burns; they are more than just bonfires.

Vincent listed the three ways fire threatens a home: direct flame contact, radiated heat, and flying embers. Embers were the most dangerous to homes in Palmer Lake, he said. Vincent emphasized the importance of defensible space around homes and recommended clearing pine needles from the sides of houses. Wooden fences can act as fuses, bringing fire to homes. He recommended keeping 15 feet of open space around homes and being conscious of ladder fuels that let fire move into the tops of pines trees. He recommended using xeriscaping methods, planting native plants and shrubs, and working with neighbors to create defensible spaces.

Regulation of outdoor burning loosened

At the Oct. 10 meeting, Vincent asked the board to consider a draft ordinance to amend the town code to allow residents to burn small fuels on their property in a burn barrel if they obtain a $25 permit to do so. This would be easier than bringing the material to the town’s drop-off sites for slash at the Elephant Rock property and the dirt bike track.

At the Oct. 24 meeting, the board voted unanimously in favor of Ordinance 18-2024, which amends the town’s code as Vincent recommended.

Legislative and case law update

Krob gave the board a wide-ranging summary of new laws passed in the last legislative session and changes to case law that could impact the town or guide the board’s decisions on policy. The legislative portion of his presentation covered:

  • Accessory dwelling units.
  • Limitations on parking requirements
  • Use of artificial turf and native grasses.
  • A requirement that metropolitan districts have due process in front of an impartial tribunal.
  • Accessibility of websites.
  • Prohibitions on cell phone use while driving.
  • Lane splitting by motorcycles.
  • Possession of hallucinogenic mushrooms.

Regarding case law, Krob explained:

  • Changes to laws regarding “takings” and impact fees.
  • Enforceability of camping bans.
  • Social media use by public officials.
  • Criticism of public officials by public employees.
  • Governmental immunity from dangerous conditions created by maintenance.
  • Improper water line marking.
  • Use of service animals.
  • Open meeting laws.
  • Use of initiatives to contest zoning decisions.

Administrative report

In her administrative report, Collins introduced two newly hired employees: Carson Wolla, parks maintenance technician, and Jennifer Wilde, code compliance officer. Wilde was sworn in at the Oct. 24 meeting.

Residents ask for enforcement of noise ordinance

Twenty-five residents signed a petition asking the town to enforce its ordinance regarding amplified sound coming from a property at 4440 Red Rock Ranch Drive owned by developer Matt Dunston. The signers said the property was being used as a short-term rental. They had attempted to resolve the issue with Dunston, but the disturbances have persisted, they said.

Executive sessions

The Oct. 10 board meeting was preceded by an executive session to determine positions regarding a possible annexation and a resolution to litigation filed by the United Congregational Church. The executive session reconvened following the board meeting, and the board voted unanimously in favor of a motion to authorize the town attorney to sign a disconnect for the United Congregational Church.

************

The next regular board meeting is scheduled for Nov. 14. The Nov. 28 meeting has been canceled to accommodate the Thanksgiving holiday. Meetings are 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

Black Forest Fire/Rescue Protection District, Oct. 16 – Deputy Chief resigns; board addresses handling of personnel matters; multiple issues require attention

By Natalie Barszcz

At the Black Forest Fire Rescue Protection District (BFFRPD) Board of Directors meeting on Oct. 16, Chairman Nate Dowden addressed public inquiries regarding employee matters and the release of information regarding them in the recent investigations into three members of the executive staff.

The agenda was amended to move into executive session before the regular meeting agenda resumed. The executive session topic of discussion was abbreviated to the hiring of a permanent fire chief, due to the letter of resignation received from Deputy Chief of Operations Chris Piepenburg.

The board discussed establishing the qualifications needed before the fire chief hiring process begins, received a request to reinstate the health insurance opt out before accepting the 2025 budget, heard the training grounds would not be in compliance for the Pikes Peak State College (PPSC) fire academy, and the 1979 aerial ladder truck requires repairs to pass a safety inspection.

Director James Abendschan attended via Zoom.

Board addresses public questions

Dowden provided clarification on several questions received from the public regarding the investigations into three members of the executive staff and said the board strives to maintain a high degree of employee confidentiality regarding personnel matters and investigations, however, news media uses minutes from the board meetings and obtains information through Colorado Open Records Act requests and various other means, and the board cannot control the news media. Addressing the questions received by the public, he said:

  • On Oct. 10, at 5 p.m., former fire chief PJ Langmaid was fully separated from the district and is no longer an employee of the district.
  • The board can only act on information provided by investigators on the investigations authorized by the board.
  • The board was informed that the third-party investigation report involving Piepenburg would be available Oct. 16, and the board added an agenda item to the executive session.
  • However, the board received an email from Piepenburg announcing his decision to resign from the district with immediate effect that morning, and the additional agenda item would not be needed.
  • It is understandable that everyone wants more information, but nobody wants confidential information bandied about. The board tries to provide as much information as possible without violating Colorado employee law.
  • The third-party investigation reports are retained by legal counsel and will remain confidential under attorney-client privilege.
  • The investigation into Capt. Michael Torres is still ongoing and no further updates are available.
  • Some scheduling issues with staff deployments are delaying the investigator to schedule interviews and report expeditiously, but the objective is to see all matters resolved and the investigations closed.

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. Torres remains on paid administrative leave. See https://wp.ocn.me/v24n10bffrpd/.

Interim fire chief selection

Dowden addressed the reason behind the board’s selection of Interim Fire Chief Josh Bartlett, a battalion chief with Colorado Springs Fire Department (CSFD). The driving factor that influenced the board decision was Bartlett’s stellar credentials. He possesses all the appropriate fire officer certifications recognized by the Colorado Department of Fire Prevention and Control and the Colorado Metropolitan Certification Board. His career, background, and experience as captain of the HR Division of CSFD made him the ideal candidate to step in, providing an unbiased, non-partisan view to help the department identify what went wrong, and get us back on track, Dowden said.

Indemnification for interim fire chief position

Dowden requested the board approve Resolution 2024-06 to provide Bartlett, as interim fire chief, with the appropriate indemnification coverage that the district would provide to any permanent fire chief.

The board unanimously adopted Resolution 2024-06 as presented in a document provided by legal counsel.

Dowden said Bartlett is fully in power in accordance with the district bylaws in an interim appointment, but the district will be soliciting applicants for the permanent fire chief position. He said district counsel Linda Glesne advised the board to discuss the qualifications and criteria for the fire chief position before conducting a search. The board needs to make absolutely clear the expectations for a suitable candidate before advertising the position. The district had a job posting sample about five years ago, and the hiring will be an open-application process, with specific qualifications to meet the criteria, Dowden said. Glesne has suggested the board be the hiring committee or contract with a search company to find a fire chief before the board makes a selection, he said.

Bartlett said as the board conducts the search it needs to understand that most chiefs are not working a fire line, they don’t need reciprocity but should have multiple years of officer/command level experience, Fire Officer 1-3 certifications, National Command level certifications, bachelor’s and master’s degrees, and the equivalency of running an organization. The pay has changed dramatically. For example, South Metro Fire Rescue is advertising $350,000 for a fire chief position, and the Monument Fire District (MFD) position pays about $185,000 (including benefits). The housing market in Colorado Springs is one of the most expensive in the nation and may require a candidate to move from out of state.

Vice Chair Kiersten Tarvainen suggested the district research similar departments of the same size in the state to understand what the district needs and wants in the next fire chief.

Bartlett said the district needs to explore the budget, the revenue sources, and the exclusion of properties. MFD will be fully merged Dec. 31, and the district could explore the possibility of a unified fire authority or a contract for services with another department. A merger would likely impact the mill levy and would require voter approval, but all avenues should be explored to ensure the level of service to the customers is maintained, he said.

Dowden said the district has the ability to move forward, and he suggested the board form a committee to work with the chief to formulate a job description, with a work session on Nov. 2 from 10 a.m.-2 p.m.

Agenda modified

The board unanimously approved a modified agenda, deleting the second part of the executive session discussion relating to personnel matters and the third-party investigation involving Piepenburg. The board promptly moved into executive session before continuing the regular meeting.

Executive session

The board moved into executive session at 7:22 p.m. on Oct. 16, pursuant to Colorado Revised Statute 24-6-402(4)(b), to receive legal advice regarding personnel matters that have been subject to investigations. The personnel matters that involved Piepenburg under 24-6-402(4)(f), were not discussed.

Dowden said the timeline for the conclusion of the investigation was unknown, but should the investigation conclude before the Nov. 20 regular meeting, the board may deem it appropriate to schedule a special meeting.

2025 budget in progress

Bartlett said the district staff is diligently working through the proposed 2025 budget that is a working document and about 60%-70 % complete. Clarification is still needed from the assessor’s office, and the company officers are deciding on the needs versus wants, and what the district can afford, to provide the correct numbers. He presented a working document to the board and noted he was told he would not be dealing with the budget and two months later he is, and it’s a large uptake. The district puts together a very good document, but he will not call it a zero-based budget because he grew up in a business world where you have to prove everything is needed, and the budget forecasts what the district thinks it needs, and that is not zero-based, my vernacular is different, he said. See https://wp.ocn.me/v24n1bffrpd/.

Hinton said the district does not know what the backfill (money from the state) will be for 2025 after the passing of the new property tax laws. The Special District Association expects the backfill to be the same as for 2024.

The district received just over $100,000 in additional backfill from the state in 2024 for a total of $477,876. See https://wp.ocn.me/24n7bffrpd/.

Bartlett said the district will not spend the money the former chief spent on Echelon Front training and videos. Training will be focused on individual career development, and the district will also focus on finding sustainable revenue sources.

Pay scale unclear

Bartlett questioned the wage schedule of the hired rate versus tenure, experience, and certifications. If we brought someone on at a lateral wage, but they had multiple years of experience and the credentials to prove certifications, and they qualify for a higher rank, they should be able to receive higher rates of pay, Bartlett said. But the wage scale stipulates every block of time has to be filled before achieving higher pay, he said.

Dowden said the opposite could occur if someone is brought in at a higher pay grade but did not meet the criteria for the pay grade, that becomes a benchmark from how they move forward.

Bartlett said Langmaid was not detailed across the board when he brought staff on and made offer letters, but the district should change that, follow procedure, exempt the existing staff, and clear up the discrepancy with offers moving forward.

District receives grant

A/Captain Michael Alverado said the district was awarded a Federal Emergency Management Agency Assistance to Firefighters Grant on July 8 for a total of $198,400 (includes district contribution). The grant stipulates the district must contribute funds equal to, or greater than 10% of the grant awarded. Alverado requested the board approve about $18,036 for the funding of 19 sets of Self-Contained Breathing Apparatus units, harness backpacks, face pieces, and two cylinders for each line member, in addition to base pieces for a total of 33 pieces for each line member.

The board unanimously approved the district’s contribution for the proposed equipment purchase from the 2024 budget.

2024 wage and leave schedule health insurance differential

Dowden said that historically, if a member of the Fire Department has other benefits via a spouse, the member can opt out of departmental health coverage and receive a compensatory amount in lieu of it.

Lt. Brandon Jones, attending via Zoom, requested the board consider reinstating the health insurance differential after it had been removed from the 2024 budget before approval on Dec. 28, 2023, and he said:

  • Annually the compensatory amount is about $3,797 but the cost savings for the department for a typically annual payment is $8,685 per individual with medical, dental, and vision.
  • If an individual opts out of health insurance, the department saves $4,888 per individual.
  • Half of the department staff is married or getting close to it or has the opportunity to opt out of the district health plan.
  • The previous administration arbitrarily made the decision to remove the option from the wage and leave schedule after it had been used in 2022-23, to crush dissent and based on ideas such as federal law and the Affordable Care Act, stating noncompliance, liability to the department, and a burden to payroll staffers.
  • If it is a win-win financially for the department and staff members, it defies common sense not to include the option.
  • He requested the board reinstate the opportunity to allow multiple staff members to switch to spousal health plans before the open enrollment window closed.

Dowden said that when the board accepted the 2024 budget, it was included in the wage and leave schedule in the October 2023 presentation of the proposed 2024 budget. When it was finally presented for approval on Dec. 28, the wage and leave schedule had been modified and the opt out and health insurance differential had been removed, but he could not recall how or why they were removed. He noted the board meeting minutes did not mention the action and he wondered if the tapes were still available from that time frame.

The board promptly received from Jones the email staff members received from Langmaid in 2023. The email informed staff of the reasons for removing the opt out of department health insurance line item.

Bartlett said that if Langmaid made the decision without discussing the action with the board, the staff could be reimbursed retroactively. The fire chief does not have the authority to make the decision, he said.

Dowden said the board approved the budget Dec. 28, 2023, but the single line regarding the differential had been removed from the October presentation, and he had no direct recollection of the board consciously removing the line item. As the board looks at the 2025 leave and wage schedule, it makes sense to include the option, he said. The board will do more digging and include any retroactive payment in the 2025 labor costs, Dowden said. He thanked Jones for bringing the issue forward and encouraged the entire team to bring issues forward to the executive staff, and then nothing gets lost in the noise.

Jones said the previous administration had requested the line staff “pick and choose your battles” when approaching the board with requests, and that is why the board has not heard a lot from the line staff, he said.

Dowden said the entire board hopes the relationship is not a battle but a discussion.

Fire drill ground requires solid surface

At the Sept. 18 meeting, Bartlett suspended live fire training at the districts’ training facility until the district brought the training ground into compliance with safety standards. He said the district invites multiple departments to use the fire drill ground and co-hosts the PPSC 16-week Firefighter Academy. See https://wp.ocn.me/v24n10bffpd/.

At the Oct. 16 meeting, Dowden asked Bartlett if the district was still partnered to jointly host the academy with Monument Fire District (MFD) and PPSC to run a course in January 2025.

Bartlett said the district needs to backfill a prop that has a moat around it and rectify the crushed concrete all over the fire drill ground. It is not recommended for best practice and needs to be replaced with either concrete or chipped asphalt. RB Excavation Demolition LLC estimated the backfill and chipped asphalt to encase the chipped concrete would cost about $20,000 to bring the fire drill ground into compliance. The district has already reached $100,000 in workers compensation liability from ankle injuries, with one staff member off shift and on light duties for 16 weeks post-surgery. The district does not need the liability of students incurring the same injuries. A release of liability would be needed and additional language in the memorandum of understanding (MOU) with PPSC, Bartlett said.

The district needs to be as compliant as possible to host training and ensure that everything has been done to reduce all liability, to include the daily training of district staff, Bartlett said. Langmaid made a contract with RB, making multiple payments under $5,000, totaling about $11,000, so the district is owed about 106 hours of operating hours, he said. Langmaid also permitted RB to fill the excavation equipment from district fuel drums (about 1,000 gallons), and some equipment would need to be rented to complete the project, said Bartlett.

Dowden said no plan was ever presented to the board and it all appears to be on the fly. A defined footprint is needed before the board can provide clear guidance for the project.

Tarvainen suggested a delay due to the time of year and the pending temperature changes.

Bartlett said the 2025 MOU with PPSC had not been signed, and he suggested the college resort to Plan B and use Fort Carson or CSFD for training purposes, given the short time-frame left to bring the fire drill grounds into compliance.

After further discussion on the area to be modified and the depth of the asphalt, the board decided to proceed with the project.

The board unanimously approved $20,000 for the project to be completed, contingent on the outstanding labor plus fuel for the rental equipment.

District Administrative Officer Lisa Emry confirmed to this reporter that the BFFRPD Community Room is reserved for classroom tuition from January through May 2025 for the PPSC Fire Academy.

Aging ladder truck has issues

Logistics Officer Rachel Dunn said the Engine 713 aerial ladder truck had electrical issues. District mechanic Gavin Smith reached out to Front Range Apparatus and Seagrave, and both advised they will not work on the electrical issues.

Bartlett said the 1979 aerial ladder truck repairs are on the back burner to focus on building the Type 6 brush trucks, because the ladder truck has major issues with the Aerialscope and it may not pass a ladder test required before placing into service, and said:

  • The ladder test was conducted by an out-of-state third-party provider when purchased, but when extending the Aerialscope at a 90-degree angle test now, there are degrees of shifting, which means the main and carrier bearings are loose inside.
  • Some parts can be ordered, but most would need to be custom made because the 1979 Aerialscope was placed on a 2005 chassis.
  • The wiring also has a problem because it was originally an all-hydraulic unit, but when Pierce Manufacturing replaced the chassis, the controls were turned over to an electrical unit and now it is not talking to the Aerialscope.

Pierce Manufacturing provided a paper with the entire schematic of the engine and it will not work on the apparatus, Seagraves will not work on the apparatus even though it now owns Aerialscope because it cannot get parts. Front Range Apparatus also will not work on the apparatus and Brindlee Mountain Apparatus of Alabama will not purchase the apparatus back and their third-party repair facility suggestion did not return Smith’s calls, said Bartlett. See https://wp.ocn.me/v22n6bffrpd/, https://wp.ocn.me/v22n7bffrpd/, and https://wp.ocn.me/v22n8bffrpd/.

Treasurer Jack Hinton said that when the district purchased the “pile of crap,” a defect return policy was not disclosed.

Bartlett said once the district conducts a walk-through, signs off and makes the purchase, it is standard industry practice to not accept a return. The district purchased the apparatus over two years ago and the inspection report from the district’s walk-through is available, but it was not conducted by Smith, he said.

Note: The delivery of the ladder truck was delayed until April 26, 2023 after leaks were found in in the fire hose supply line in October 2022, and the parts were delayed for about five months. Pierce Manufacturing covered the cost of the replacement hose line, and Brindlee Mountain Apparatus provided a 90-day warranty upon delivery. See https://wp.ocn.me/v22n12bffrpd/ and https://wp.ocn.me/v23n5bffrpd/.

In September, the district purchased ladders totaling $13,307 to equip Engine 713.

Logistics update

Dowden asked about building out a new Type 3 Wildland engine for deployments.

Bartlett said any new project will push the building of the Type 6 brush trucks further out. The Type 6 apparatus can be deployed and make revenue for the district quickly, once built.

Dunn confirmed that Smith was building out a Type 6 brush truck for completion mid-November and the second would be built in December/January.

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

The meeting adjourned at 10:09 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. A work session is scheduled for Nov. 2 from 10 a.m. until 2 p.m. The next regular meeting is scheduled for Nov. 20 at 7 p.m. For additional special meeting notifications, 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, Oct. 8 – Merger process nears completion; mutual aid agreements terminated

By Natalie Barszcz

At the Donald Wescott Fire Protection District (DWFPD) special meeting on Oct. 8, the board was updated on the merger process with Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD) and approved three notices to terminate mutual aid, and the transfer of two assignment and assumption agreements for vehicle storage at the former fire station property on Sun Hills Drive to MFD.

The meeting began at 2:38 p.m., when President Charles Fleece joined via Zoom.

District merger update

Attorney Emily Powell of Ireland Stapleton Pryor Pascoe (ISPP) PC law firm, attending via Zoom, said the district hearing on the dissolution of the district had taken place on Sept. 20. The 15-minute hearing was attended by Powell, attorney Dino Ross of ISPP PC law firm, Fire Chief Andy Kovacs, Executive Battalion Chief Micah Coyle, and MFD counsel Maureen Juran. The judge had no questions on the process, pleadings, or transition of the merger, but the bulk of the hearing focused on the dissolution of the district without the judge ordering an additional election.

The three eligible voters, including the two sitting board members and a spouse, had provided affidavits, had previously voted to proceed with the dissolution with the pre-inclusion intergovernmental agreement and the supplemental plan of dissolution. The judge approved the dissolution order that will be held until it is filed with the El Paso County Clerk and Recorder on Dec. 31. Delaying the dissolution order will allow the district to receive any small amount of delayed tax revenue and avoid any complicated accounting for the county Assessor’s Office. Procedural paperwork will continue behind the scenes, and the board member duties had concluded, until the final “special meeting” scheduled for Dec. 5. The meeting is expected to take about 15 minutes to “wrap up” the dissolution process, said Powell.

Termination of mutual aid agreements

Powell requested the board approve three notices of termination of mutual aid agreements between DWFPD and Cimarron Hills, Palmer Lake, and the City of Colorado Springs. The mutual aid agreements are no longer needed because MFD already has the same agreements with the same entities, said Powell.

The board unanimously approved the termination of the three mutual aid agreements.

Vehicle storage agreement re-assignment

Powell requested the board approve the assignment and assumption agreements for two vehicle storage contracts to be transferred to MFD. The agreements allow the American Red Cross and Emergency Incident Support to use the Sun Hills property for vehicle storage.

The board unanimously approved the agreements.

Note: For the chief’s report and updates, see the MFD article on page < 8 > and visit www.monumentfire.org.

The meeting adjourned at 3:03 p.m.

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Meetings are usually held on the fourth Wednesday of the month. The final special meeting is scheduled for Dec. 5 at 2:30 p.m., via Zoom and in person 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 Westcott Fire Protection District articles

Monument Fire District, Oct. 8 and 23 – 2025 proposed budget presentations

By Natalie Barszcz

The Tri-Lakes Monument Fire Protection District dba Monument Fire District (MFD) held a special meeting on Oct. 8 after the Sept. 25 meeting was postponed due to a lack of quorum. The board received the first presentation of the 2025 budget and accepted a petition for inclusion of real property, before setting a public hearing for the special meeting on Nov. 13.

At the regular meeting on Oct. 23, the board received the second presentation of the 2025 proposed budget with some minor updates. The board heard about a study of impact fees and sales tax collection and received updates at both meetings on the remodel of Stations 4 and 2, the Station 1 training center, the Station 3 rebuild design, and the land purchase for a future Station 6.

For updates on the Donald Wescott Fire Protection District (DWFPD) merger process, see the DWFPD article on page < 7 >.

Vice President John Hildebrandt was excused on Oct 8. President Mike Smaldino was excused on Oct. 23.

2025 proposed budget presentations

Fire Chief Andy Kovacs said a few changes were made to the proposed 2025 budget after the first presentation on Oct. 8, and he reviewed the budget highlighting the following:

  • The projected property tax revenue is about $18 million (combines both MFD and about $4 million in DWFPD property taxes) and the district anticipates, with miscellaneous revenue, specific ownership tax, ambulance revenue, an EMS supplement, the remaining DWFPD contract, and wildland deployment revenue, a total of about $24.235 million (up about $2.189 million from 2024).
  • The projected expenses are estimated to be about $18.727 million for 2025, with about $11.725 million dedicated to wages and about $3.5 million for benefits.
  • The district will maintain a competitive salary and benefits package, and is thankfully not losing employees to South Metro and other agencies that are of like size and comparable to the district.
  • The district will maintain training and educational opportunities.
  • Benefits continue to rise, as the workforce is marrying, having families, and driving costs up for health insurance and overtime during maternity and paternity leave.
  • The district will begin a hiring process on Jan. 1, 2025 for a part-time bookkeeper position with a salary of $50,000. The district has had about four or five since he became fire chief, and he proposed cancelling the existing contract. A part-time bookkeeper will save several thousand dollars.
  • The ending general operations fund balance is expected to be about $4.673 million and necessary to cover operating expenses for the first quarter of 2025. The bulk of the property tax revenue is received in March. The district general operations (wages and benefits) cost is about $1.5 million per month.

Treasurer Tom Kelly said the bulk of the district expenses is used for human resources, and the district did not spend all of the allocated funds for the capital improvements in 2024.

Kovacs said the processes for the capital improvements are taking longer than anticipated.

Note: The public hearing for the proposed 2025 budget will be held at the special meeting on Nov. 13 at 6:30 p.m.

Property tax revenue decrease

Kovacs said that although the district is not proposing a mill levy increase for 2025, it is anticipating a property tax valuation decrease of about $1.242 or about 6.4% in FY2025 due to the state Legislature passing SB 24-233 and HB 24B-1001, in response to the failure of Propositions 50 and 108 in November 2023. The future economic situation of the district could be impacted due to some of the legislation that passed earlier in 2024 and the increased cost of human resources, apparatus, material goods, and services, he said.

NEXUS study required

Kovacs said the department is considering diversifying revenue sources and seeking impact fees and levying sales tax as a result of SB24-194 passing in early 2024. Fire protection districts are now permitted to collect impact fees in unincorporated areas of the county and collect sales tax to boost revenue. In the past, the district was permitted only to collect impact fees for properties built within the Town of Monument (TOM). Fire chiefs had requested county-wide impact fees through the El Paso County Board of Commissioners in 2018, but those requests were denied. The state fire chiefs successfully presented the need for impact fees in unincorporated areas to the state House of Representatives in early 2024. The 2025 budget includes $20,000 to engage a consultant to conduct a NEXUS study that is required before implementing the impact fees and/or sales tax, he said.

Future hiring

Executive Battalion Chief Micah Coyle said the district had received 152 applications for future firefighter positions, a record number for the district. About 75 applicants passed the written exam for an entry-level firefighter position and about 55 have been selected for an oral board interview to create a list of potential hires.

Kovacs said the high number of applicants was due to the district’s social media company “Red Energy,” but the district is not hiring firefighters until the financial future is known. However, an eligibility list will be retained in the event that retirements or resignations occur.

Financial report

Treasurer Tom Kelly said that as of Sept. 30, the district is at 75% of the total amount to be considered in line with annual projections. Overall revenue year to date is about $22.5 million, approximately 102% of the projected 2024 income budget set at about $22 million. (That includes a little over $2 million for the Wescott contract for services). Overall expenses year to date are about $12.527 million or 76.6% of the projected expense budget set at about $16.336 million. Overtime is at 107.16% year to date or about $51,000 over the budgeted $710,000 annual budget for the shift workers. The board reviewed 30 electronic transmissions over $2,500 for August at the Oct. 8 meeting, and 22 for September on Oct. 23. Of note were:

  • $118,470 PNC Equipment Lease Engine Lease Payment
  • $80,208 OZ Architecture Training Center/Fire Station 2 & 3
  • $82,336 Flintco LLC Station 4 remodel
  • $9,935 Wex Bank Inc. Fleet Fuel
  • $36,998 Elevate Healthcare EMS Mannequin
  • • $24,330 Strategic Site Design Training Center
  • $8,186 OZ Architecture Fire Stations 2, 3, and 4
  • $141,473 Flintco LLC Fire Station 4
  • $8,552 Wex Bank LLC Fleet Fuel
  • $107,700 TLMFPD Gen Ops Fund Deposit Reserve Account

Every transaction appeared appropriate and within the 2024 budget, Kelly said. As of Sept. 30, the checking and savings accounts totaled about $20.534 million with about $13.2 million in the Operations and General Fund, he said.

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

Kovacs said multiple factors were causing the increase in overtime hours for the shift workers, such as the DWFPD staff moving to the MFD payroll and maternity/paternity leave, and the district has experienced the highest number of workers compensation injuries in 2024.

Station 4 remodel

Division Chief of Administration Jamey Bumgarner thanked the board for approving the remodel of Station 4, Gleneagle Drive. He received numerous positive comments from the residents and the crews at the ribbon-cutting event on Oct. 12. The district has budgeted about $8.632 million to complete the northside paramedic accommodation at Station 4, Gleneagle Drive. See snapshot on page < 21 >.

Station 2 remodel

Bumgarner said the district received nine bids for the remodel of Station 2, Roller Coaster Road. John Sattler of NV5, the district’s owners representative, will review the bids and the recommendation will be presented to the board on Nov. 13. The district budgeted about $2 million for the project scheduled to begin in January 2025.

Station 1 Training Center

Bumgarner said the district is ready for a public hearing with the Town of Monument Planning Commission in late January or early February and a hearing with Monument Town Council in March. The district will likely be moving dirt and installing infrastructure for the training center at Station 1 in mid-2025, and building could begin in early fall. He has been attending meetings with the town planners to work through the process to plat the site.

Fire Station 3 update

Bumgarner said the final site plan for the platting of the lot north of YMCA, the future Station 3 location, is almost finished. The district will likely break ground in late 2025 due to the site development taking up most of the year. The district expects to close on the land purchase mid-year, and the building phase will take at least two years until completion.

Land purchase future Station 6

Bumgarner said due to the district having no site plan for the 2-acre parcel the district is planning to purchase from QuikTrip for a future Station 6, the TOM is taking a different direction on the plat approval for the land. He is working with the town planners to develop a site plan, but the cost will be to the district to plat the site. It is a difficult not knowing what the district will develop on the site in the future, he said.

Vehicle storage agreement

The board approved an Assignment and Assumption agreement for vehicle storage at its Sun Hills Drive property, the former DWFPD Station 3. See DWFPD article on page < 7 >.

Inclusion request

At the Oct. 8 meeting, Division Chief of Community Risk Reduction Jonathan Bradley said the district had received a request for inclusion into the district in a rural area of the district at 5775 Mountain Shadow View, Colorado Springs.

The board approved the request for the inclusion, pending the public hearing on Nov. 13.

Note: The chief’s report and the financial report can be found at www.monumentfire.org.

The special meeting adjourned at 7:58 p.m. on Oct 8. The regular meeting adjourned at 7:50 p.m. on Oct 23.

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Meetings are usually held on the fourth Wednesday every month. The next regular meeting is scheduled for Nov. 13 at 6:30 p.m. at Station 1, 18650 Highway 105. For Microsoft Teams virtual 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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Monument Planning Commission, Oct. 9 – Commission raises concerns about ultimate use for Jackson Creek North

By Janet Sellers

The Oct. 9 Monument Planning Commission meeting began with roll call, with all but commissioner Greg Collins present in person. Collins was present online. Discussions focused on the rezoning of 574 N. Washington St. and the preliminary and final plat for Jackson Creek North. The commission unanimously approved the rezoning of the property on North Washington Street to align with the comprehensive plan for single-family detached housing. However, concerns were raised regarding the adequacy of the right-of-way for future road improvements and the potential impact on downstream water flow for Jackson Creek North.

Insights from the meeting regarding Jackson Creek North included an analysis based on the Review and Approval Criteria established in section 18.02.260.C of the town’s regulations, alongside discussions and concerns raised during the meeting. The proposed Final Plat for the vacant property does not satisfactorily meet the criteria outlined in the town’s section 18.02.260.C, the commissioners said.

Key areas of concern included the lack of established ultimate use, inadequate service capacity provisions, insufficient information on cost-sharing for improvements, and limited consideration of natural hazards and conservation. Future developments will require more comprehensive planning to address these deficiencies and ensure compliance with town regulations.

The commissioners engaged in extensive discussions about the implications of zoning changes, including considerations for mixed-use development. Topics included residential height limits, stormwater management, and the legality of zoning across hundreds of acres in future developments in the area as well. The commission decided to continue the public hearing to seek legal advice, planning to reconvene in a Nov. 13 meeting with the town attorney present.

Amid the discussions, the commissioners said the proposed Final Plat for Jackson Creek North did not establish the ultimate use of the property and did not demonstrate compliance with the Comprehensive Plan, Parks, Trails, and Open Space Plan, or other plans adopted by the town. This non-conformance raised concerns regarding the alignment of the proposed development with the town’s long-term goals and vision.

The property is currently vacant and undeveloped, and the proposed Final Plat does not sufficiently address how it will ensure compatibility with adjacent properties, commissioners said. This lack of assessment could lead to future conflicts as development progresses. The proposed Final Plat creates a single lot, lacking insight into future development patterns. Additionally, it does not adequately address the impact on light, air, parks, open spaces, and other public uses, contrary to the expectations set forth in the Review and Approval Criteria.

Due to the absence of development plans, the proposed Final Plat cannot confirm the provision of adequate, safe, and efficient public improvements, utilities, and community facilities, the commissioners said. Ensuring sufficient service capacity is critical, and its absence poses significant concerns for future development.

It also does not provide the necessary development details to establish the property owner’s responsibility for onsite and offsite community improvements and facilities, failing to meet the requirements regarding cost-sharing for infrastructure improvements, the commissioners said.

While the proposed Final Plat addresses some natural hazards by dedicating an easement for wetland drainage and creating two tracts for open space and detention, it does not sufficiently cover protections against other natural hazards, such as fire, flood, or geological risks, the commissioners said. In addition to wetland drainage and open space tracts, the proposed Final Plat provides limited opportunities for the preservation and conservation of significant vegetation stands, which does not align fully with the requirements for natural conservation.

Although the proposed Jackson Creek North Final Plat adheres to technical requirements of form and content, it lacks adequate information to verify compliance with local, county, state, and federal regulations, the commissioners said. This lack of detail raised questions about the viability of development plans.

Future development on this property will necessitate the submission of a Site Plan, which must comply with the underlying zoning designation and development review criteria established in the Land Development Code. Additional modifications to the Final Plat may be required based on the forthcoming development plan and relevant codes and ordinances.

The meeting concluded with discussions on potential updates to the development code.

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The Planning Commission usually meets on the second Wednesday of each month. It will revisit the discussion on the Jackson Creek North plat at the next meeting on Nov. 13, with the town attorney present to address legalities. For further information on Planning Commission meetings, please visit www.townofmonument.org/263/planning-commission-board-of-adjustment or contact 719-884-8028.

Janet Sellers can be reached at JanetSellers@ocn.me.

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