OCN

Volunteers reporting on community issues in Monument, Palmer Lake, and the surrounding Tri-Lakes area

OCN > 2410 > Black Forest Fire/Rescue Protection District, Sept. 5 and 18 – Interim fire chief on board; live fire training suspended

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.

**********

Correction

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

**********

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