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Palmer Lake Board of Trustees Articles

Palmer Lake Board of Trustees, Jan. 8, 22, and 30 – Attorney Krob forced out without replacement

Highlights

  • The Palmer Lake Board of Trustees faced internal turmoil after a January motion by Trustee Beth Harris, supported by trustees Jurka and Moseley, leading to the resignation of town attorney Scot Krob and a push to appoint a replacement.
  • In early January the board accepted Krob's resignation with an offer to serve as interim attorney to maintain continuity, while staff warned against losing legal guidance.
  • On January 22 Harris moved to terminate Krob's interim role immediately and urged staff to find an interim attorney within a week; Jurka supported the move, while Stern and Beltran opposed it.
  • The board later authorized Smith to pursue an interim attorney through CIRSA's referrals, with hiring contingent on board approval after legal review; no citizens had recommended lawyers to Smith at that time.
  • Two seats on the board, vacated by Boyett and Caves, are to be filled by appointment within 60 days to avoid a special election; four applications were received by January 30.
  • The board set a February 12 work session to interview candidates for the vacancies and planned a February 12 board meeting to appoint, with standardized questions for all applicants.
  • The Buc-ee's Monument Ridge West annexation hearings and the related election date remained unresolved due to the lack of a current town attorney and differing interpretations of the process and code.
  • The Red Rock Acres property was ruled eligible for annexation after a January 22 public hearing, marking the first defined step in the annexation process; the town hired Hinkle & Co. to complete the town's overdue audit, with progress expected within about 30 days.
  • The main point to remember: the town is currently without a permanent attorney, working to fill two council vacancies and determine the annexation process timelines, while pursuing an updated audit and fixed hearing/election scheduling.

By James Howald and Jackie Burhans

During three meetings in January, the Palmer Lake Board of Trustees (PLBOT) struggled to manage the turmoil resulting from a motion by Trustee Beth Harris, confirmed by votes from Trustees Atis Jurka and Roger Moseley, forcing Attorney Scot Krob to leave his post before a replacement could be found. The board settled on a process and schedule to fill the board seats vacated by the resignations of Michael Boyett and Tim Caves.

A date was set for the hearings on the Buc-ee’s annexation, also known as the Monument Ridge West annexation, but the board could not decide on how and when the annexation should be put to the voters. The board held a public hearing on the eligibility of the Red Rock Acres property for annexation and heard a presentation from the town’s new audit company.

Above: On Jan. 22, Lt. Adam Lundy administered the oath of office to the newest Palmer Lake police officer, Alan Dominguez. In the foreground are Dominguez and Lundy. In the background, from left, are Police Chief and Interim Administrator Glen Smith, Deputy Town Clerk Grant Massey, Trustees Atis Jurka and Roger Moseley, Town Clerk Erica Romero, and Mayor Dennis Stern. Photo by Jackie Burhans.

Krob’s departure creates challenges

On Dec. 11, following a lengthy and contentious discussion with Trustee Roger Moseley regarding Krob’s service to the town, Krob resigned his position as town attorney, offering to continue on an interim basis until a replacement could be found. Details about Krob’s resignation can be found here: https://wp.ocn.me/v26n1plbot/#town-attorney-scott-krob-resigns.

At the Jan. 8 board meeting, Mayor Dennis Stern moved to accept Krob’s resignation and his offer to act as interim attorney. He said finding a different interim attorney was not a wise path, because the town would lose continuity and might not be able to find an interim attorney faster than it could find a permanent one. Krob said as interim attorney, he would only work on maintaining legal issues already underway and would not begin anything new. Town Clerk Erica Romero said a Request for Proposal (RFP) for a permanent attorney had already gone out.

Interim Town Administrator Glen Smith said replacing Krob on an interim basis would lose time, because a new interim attorney would need to come up to speed. Romero pointed out that a new interim attorney would charge by the hour to be familiarized with the town’s legal issues and that it would be a hardship for the town staff to go without legal advice.

Stern’s motion on Jan. 8 passed with Jurka, Trustee Tony Beltran, and Stern voting in favor. Moseley voted no, and Harris was not present to vote.

At the Jan. 22 meeting, Harris reversed direction, moving to terminate the town’s contract with Krob Law the next day, removing him from his role as interim attorney and directing the town staff to find an interim attorney in one week, by Jan. 30. Jurka seconded her motion.

Smith pushed back on Harris’s motion, saying, “You are showing your inexperience. This town will cease to function in a way you have no idea . . . This is bush league. If you sever contact with your attorney, it’s a huge mistake.” Harris answered that the Colorado Intergovernmental Risk Sharing Agency (CIRSA), the town’s insurer, would cover the town legally, adding that the risk of keeping Krob in place was higher than using CIRSA. She said Krob lacks the confidence of the public and gave as an example the fact that Krob did not share his concerns about ambiguities in the language of the initiated ordinance regarding annexation elections with the board in a timely manner. Jurka agreed with Harris, saying he did not have confidence in Krob’s ability to give the town the best legal advice.

Romero said the town staff had been working hard to meet the board’s demands but could not continue to meet them if the staff’s resources were “being cut from us left and right.” She said she could not do her job without legal representation.

Beltran pointed out that Smith and Romero were already doing multiple jobs for the town.

Harris’s motion to remove Krob immediately as interim attorney passed, with Harris, Jurka, and Moseley voting in favor. Stern and Beltran voted no.

Following the vote, Jurka moved to authorize Smith to sign an agreement with an attorney recommended by CIRSA to serve on an interim basis; the motion passed with a unanimous vote.

At the Jan. 30 meeting, Smith updated the board on his efforts to find an attorney on an interim and a permanent basis. He said he had contacted 16 attorneys; only two had expressed interest in serving as the town’s attorney on an interim basis. At the board’s request, he contacted CIRSA, which told him it did not provide attorneys but gave him a list of eight attorneys who practice local government law. He contacted every attorney referred to him. He also contacted attorneys recommended by the Department of Local Affairs (DOLA) and the Colorado Municipal League (CML). Smith said he expected to have some candidates for the board to consider by next week. He said he had one inquiry about the request for a permanent attorney.

In response to a question from Harris, Smith said no citizens had referred lawyers to him for consideration.

Smith noted he was looking into the background of lawyers who expressed interest in serving the town and was asking them to draft their own terms of employment, which he would then review with CIRSA and CML. He added that although the board gave him signing authority at the previous meeting, any hiring decision would be made following a legal review and agreement from the board.

Harris asked to have an agenda item added for the Feb. 12 meeting to consider hiring an interim attorney.

Two vacant board seats to be filled

At the Jan. 8 meeting, Stern moved to accept the resignation of Boyett and Caves. The motion passed unanimously, giving the board 60 days to fill the vacant seats by appointment to avoid a special election to fill them. Stern and Jurka recommended accepting applications until Jan. 30, then interviewing applicants at a work session and making appointments at the board meeting on Feb. 12. Moseley said he felt the questions asked of the last round of applicants were not helpful and suggested the board draft better ones. Romero asked the board members to send her questions to be used in the next round of interviews.

At the Jan. 30 meeting, Romero said she had received four applications for the two vacant seats.

The board decided to hold a work session at 4:30 pm on Feb. 12 to interview the candidates and to hold a vote at the board meeting following the work session. There was a consensus to reduce the number of questions that candidates would be asked. Harris asked the staff to track the questions asked and to ensure all candidates were asked the same questions.

Date set for hearings on Buc-ee’s annexation

At the Jan. 30 meeting, the board tried again to decide how the hearings and the election regarding the Buc-ee’s annexation would be handled. Dates for the hearings and when the election would be held were unclear. Stern asked Romero to confirm what dates had been set by the board in previous meetings for the Buc-ee’s annexation hearings and the election that would allow voters to approve or deny the proposed annexation. Romero said she could not confirm those dates without legal counsel, which the town does not have after Krob’s role as interim attorney was terminated.

Moseley said he believed the annexation hearings had been continued to Feb. 5 and the annexation election had been scheduled for Feb. 19. He argued the town’s current code required the election to be held after the hearings were completed. He said the date for the election could not be decided until after the hearings had been held. Stern said he believed the code would need to be changed due to the initiated ordinance that required all annexations to go to a vote, and that was why the board had asked for a declaratory judgment from a court to settle the issue.

Romero said the town had received a letter from Buc-ee’s attorney, which she had passed on to the board. She did not characterize the contents; she asked the board to acknowledge receipt.

Moseley said he interpreted the letter to say if the annexation hearings were set before the election, Buc-ee’s would participate in the hearings “under formal protest.” He moved that the board abide by the code as it was presently written, and the election be the final step in the process. There was not a second to Moseley’s motion.

Romero pointed out that the agenda for the meeting would need to be amended for the board to act on Mosley’s motion, because the hearings and election were on the agenda only as items for discussion.

Resident Mark Waller, who is also a consultant to Buc-ee’s, said the board could not act on any issue without 24 hours’ notice to the public, to avoid having “things passed in the darkness of night.” Two other residents disagreed with Waller’s opinion. Stern said a resolution would be required to settle the issue; it would be added to the agenda for the next meeting, and the board would not vote on it at the current meeting.

Moseley then moved to cancel the election on Feb. 19, which he thought was improperly set. Harris seconded the motion. Romero said no resolution had been drafted to cancel the election. Harris recommended that Moseley’s motion be withdrawn.

Moseley responded by making another motion to direct staff to draft a resolution cancelling the election, to be voted on at the next meeting. Smith said the town staff could not write a resolution without legal advice. There was no second to this motion.

Moseley then moved to continue the Buc-ee’s hearings from Feb. 5 to Feb. 19 and to direct staff to provide notice of the new hearing date. Stern responded, again, that action could not be taken on this issue, since it was listed for discussion only, and any election date needed to have 30 days’ notice. Romero repeated her hesitance to decide without legal representation. After some discussion about the availability of the Town Hall on Feb. 19, Harris seconded Moseley’s motion. The motion passed with Harris, Jurka, and Moseley voting yes and Beltran and Stern voting no.

The board took no action on the question of where the election should fit in the annexation process.

Red Rock Acres property ruled eligible for annexation

At the Jan. 22 meeting, the board held a public hearing to decide the eligibility of the Red Rock Acre property for annexation. Jason Alwine, senior associate of NES Inc., representing GTG Red Rock LLC, said the 39.5-acre property was located east of Highway 105, midway between Monument and Palmer Lake, and is currently in unincorporated El Paso County. In his presentation, he argued that the property met all the requirements for annexation, including contiguity and community of interest.

The board voted that the property is eligible for annexation. Determination of eligibility is the first step of several in the annexation process. The proposed annexation must be reviewed by the Planning Commission and voted on by the board before the annexation is complete.

Audit under way

At previous meetings, Smith reported to the board that the town’s audit was delinquent due to the failure of the auditing company to honor its contract, which led to the replacement of that company with Hinkle & Co.

At the Jan. 22 meeting, Jim Hinkle told the board his firm had been hired in mid-December and was making good progress. He said he expected to finish the audit and file the required information with the state within 30 days. To date, nothing concerning had been found, he said.

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The next regular board meetings are scheduled for Feb. 12 and 26. 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

Palmer Lake Board of Trustees, Dec. 2, 11 – Beltran appointed; Caves, Krob, and Boyett resign

Highlights

  • The Palmer Lake Board of Trustees held a December workshop to interview candidates for a vacant seat, appointing Tony Beltran after Katherine Keeley did not attend.
  • Beltran emphasized growth, tax revenue, natural resources, civic duty, rebuilding public trust, and preserving small-town values as his priorities.
  • At a later meeting, Trustee Tim Caves and Town Attorney Scott Krob resigned, and the board moved to settle a lawsuit with Integrity Matters while grappling with annexation election timing.
  • The board also amended the 2025 budget, approved the 2026 budget and related appropriations, and split the Water Fund into separate Water Operating and Water Capital funds.
  • Beltran's appointment to fill Hutson's seat would last until the November 2026 coordinated election, while Caves explained his resignation as a response to ongoing divisiveness and recalls.
  • Krob announced his resignation as town attorney, citing professional concerns and a desire for a stable transition, and noted his long-standing municipal and water-law experience.
  • During the meeting, the board approved settling the Integrity Matters lawsuit by having CIRSA drop its cost-recovery claim in exchange for IM waiving its right to appeal the dismissal.
  • They also debated whether to seek a declaratory judgment on the annexation timing, ultimately directing the issue to court for a decision.
  • The 2025 budget amendment and the 2026 budget package also moved forward, with adjustments to fund management and anticipated interest income increases from new reserve transfers.
  • On December 12, Trustee Mike Boyett resigned for health-related reasons stemming from the stress of service.
  • The board will reconvene for meetings on January 8 and 22 to continue addressing governance, budgeting, and annexation-related questions.
  • Takeaway: Palmer Lake is experiencing leadership changes and ongoing debates over fiscal management, annexation timing, and how to best serve the town's growth while preserving its character, with new appointments and resignations shaping the board's direction.

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held a workshop meeting on Dec. 2 to interview candidates to fill the board seat vacated by Amy Hutson’s resignation. At a special meeting following the workshop, Tony Beltran was appointed to replace Hutson.

At a nearly seven-hour meeting on Dec. 11, Trustee Tim Caves and Town Attorney Scott Krob read their letters of resignation. The board voted to settle a lawsuit with Integrity Matters but tried and failed to decide how to interpret the annexation ordinance passed earlier in the year on the issue of the timing for the annexation election that the ordinance put in place. The board voted to amend its 2025 budget, approve its budget for 2026, and appropriate the required funds, but not without concerns raised by Trustee Roger Moseley. The board also voted to separate the Water Fund into a Water Operating Fund and a Water Capital Fund.

On Dec. 12, Trustee Mike Boyett resigned.

Beltran interviewed and appointed

Mayor Dennis Stern opened the workshop intending to interview two candidates for the vacant board seat: Tony Beltran and Katherine Keeley. Keeley did not attend the workshop, so only Beltran was interviewed. The board asked Beltran a list of questions like those asked of other recent candidates for board seats.

In his opening statement, Beltran said his focus was on growth, tax revenue, and the town’s natural resources. His experience as an airline pilot for Frontier Airlines led him to believe that serving the traveling public mirrors government service, Beltran said. He mentioned that he holds two college degrees in aviation.

Beltran said he was motivated by a sense of civic duty and a desire to serve the community. In response to a question from Trustee Beth Harris, he said rebuilding public trust in the board, managing ecological resources, and planning for economic development were his top issues. Preserving “small town values” was also important, Beltran said.

Public comments were not taken at the workshop.

Note: Beltran’s interview is on the town’s website here: https://tinyurl.com/3tftcucn.

At the special meeting following the workshop, Stern noted that the candidate appointed would serve until the next coordinated election, which will be held in November 2026. He opened the meeting to questions from the public.

Local homebuilder Kurt Ehrhardt recounted his experience trying to build a Dollar General store within the town limits, which included him and his family being attacked on social media. He said the board needed to learn to compromise and asked what if Buc-ee’s struck a deal with El Paso County and the town received no revenue from the travel center.

Resident Keven Dreher, who was recently recalled from a seat on the board, faulted the board for being biased against the proposed travel center and for lacking transparency in its conversations.

Bill Bass, who served a term as mayor and was previously interviewed for the vacant board seat, sought to correct an impression that he was unfamiliar with the town’s master plan. He said when he was mayor, he and the board did a lot of work to update the master plan.

Town Clerk Erica Romero, who is responsible for coordinating the town’s special elections, recommended that the board make an appointment that night rather than using an election to fill the vacant seat, pointing out that the last special election had cost the town about $26,000, not including staff time and resources. Another special election might require temporary staff to be hired, Romero said. She pointed out that an appointment would restore the board to full status immediately.

Moseley pointed out that a recall of Caves was underway and suggested Caves should resign.

Harris moved to appoint Beltran. The motion passed with Boyett, Caves, Harris, Trustee Atis Jurka and Stern voting in favor. Moseley voted no.

Caves resigns

At the Dec. 11 meeting, the board considered Resolution 73-2025, which sets out the details of the special election to recall Caves. Romero said the petition to recall Caves had been submitted on Nov. 12, the signatures had been verified on Nov. 17, and no protests had been filed, requiring the board to set a date for a special election to complete the recall. The resolution passed unanimously, setting the election date for March 10.

Caves took the opportunity in the Board Reports agenda item to address the people of Palmer Lake. Saying he had worked to ensure fiscal responsibility, create community, and advocate for the creation of a conservation easement at Lakeview Heights, he said his service had been guided by stewardship and a sincere desire to protect the character of the town.

He said that a small group was steering Palmer Lake toward fiscal instability and relied on personal attacks and recalls rather than engaging in honest debate. Caves said the town was being led away from a revenue opportunity that was not about luxuries but about the fundamentals that safeguard Palmer Lake and its way of life. He said he was called to serve where knowledge is respected and truth is not twisted, and in the current climate, such service was no longer possible, so he resigned, effective Dec. 12. He thanked those who supported him and his wife, Laurie, for being by his side.

Note: Caves’ complete statement on his resignation is on the town’s website here: https://tinyurl.com/5d3ktvap.

Town Attorney Scott Krob resigns

The Dec. 11 meeting was slated to end with an executive to discuss the town’s position in connection with the legal representation provided by Krob Law Office LLC. Moseley said the resolutions was about the firm, not about Town Attorney Scott Krob directly. Krob noted that he had received nine complaints and wished to discuss the issue in public rather than in an executive session, which was his right to request.

Krob noted that he had asked Moseley for clarification on some of the complaints but had never received a response. He said that this discussion concerned the termination of the town attorney and that the town code had provisions governing the appointment and removal of town officers. He noted that any officer may be removed for cause by a vote of four current trustees, but that there could be no removal without a charge in writing and an opportunity for a hearing.

Krob said if the trustees were to decide on the matter, they should know who he was professionally. He noted that there was a representation agreement between the town and his firm since 2019 and that the current hourly rate of $175 was 60% of his firm’s rate for private clients. He reviewed his resume, saying he had graduated from Colorado College and then Duke Law School in 1980, when he began his practice. He was appointed as the youngest county judge in 1983 and has extensive experience as a municipal attorney with 40 years as a member of the Colorado Municipal League (CML) attorney section and serves on the Amicus Committee that decides whether to get involved in legislation that affects municipalities. He also has extensive experience in water law, serving as a water referee for the Colorado Division of Water Resources Division 6, and is experienced in water litigation and water rights, serving cities such as Evans, Cortez, Thornton, Grand Lake, Granby, and the state of Wyoming.

Krob said his legal practice seeks to find clients it meshes with and establish long-term relationships. Citing 30-plus year relationships with the towns of Granby and Grand Lake and the Upper Big Sandy Water District, whose aquifers sit above the Denver Basin aquifers that serve Palmer Lake, he said there is a benefit to having a historical perspective. He is also a trained mediator and has been an adjunct professor on legal ethics, he said, providing ethics codes and codes of conduct to the PLBOT, which he said the board needed since it was dysfunctional.

Krob responded to the nine complaints including concerns about the budget; communication about the indictment of his son Matt; rubber stamp votes on traffic, water, and fiscal impact reports paid for by Buc-ee’s and on the United Congregational Church (UCC) disconnecting from the town; allowing open meetings violations at the Dec. 12, 2024 meeting; inserting language in the master plan to allow trustees to make exceptions; failure to advise about the improper appointment of Dennis Stern as mayor; and his advice about the interpretation of the initiated ordinance on a public vote on annexations.

Noting that Moseley had come up to him after a meeting and said that he appreciated that Krob always acted professionally, he said he could not return the compliment. He said that Moseley’s conduct, both off and on the board, created problems as an individual and even more so as a trustee. Noting that Moseley had asked him to be fired and saying that he could ask that Moseley resign, Krob instead asked that Moseley be a good trustee and use his energy positively. He closed by reading a document tendering his resignation, saying that representing the town had been an interesting adventure and that his goal had always been to pursue the best interest of the town as directed by the board. He offered to continue to provide legal advice until they replaced him during the transition.

Stern asked if the board had the option of refusing to accept Krob’s resignation. Krob said it did not.

Note: Krob’s statement regarding his resignation is on the town’s website here: https://tinyurl.com/3was2c85.

Above: At the Dec. 11 meeting of the Palmer Lake Board of Trustees, Mayor Dennis Stern and Trustee Mike Boyett turn their backs on Trustee Roger Moseley as Moseley responds to Town Attorney Scott Krob’s defense of his legal guidance to the town regarding the proposed Buc-ee’s travel center. Boyett resigned from the board the next day; in his letter of resignation, he said, “I exhibited behavior that was unbecoming for a trustee by turning my back to a sitting trustee when he spoke at the lectern against our town attorney.” Screen capture from the video provided by the town.

Moseley came off the dais to give a public comment expressing surprise at Krob’s resignation and reiterating some of his concerns. He said he didn’t think Krob was bad or evil but that he sometimes had given the board bad advice or missed the point, which resulted in turmoil the town does not need.

Integrity Matters lawsuit settled

Earlier in the meeting, before his resignation, Krob gave the board an update on the lawsuit that Integrity Matters (IM) had brought against the town. That lawsuit had been dismissed, Krob said, and following the dismissal, the Colorado Intergovernmental Risk Sharing Agency (CIRSA), which insures the town and was involved in trying the suit, sued IM to recover $32,000 in legal costs. Krob said IM had offered to waive its right to appeal the dismissal in return for CIRSA dropping its request to recover its legal costs for participating in the lawsuit.

Following a discussion by the board members and residents, Caves moved to refuse to settle, arguing the town had plenty of time to continue the suit. His motion failed. Harris then moved to accept IM’s offer to waive its right of appeal in return for CIRSA dropping its request to recover legal costs, with Beltran, Harris, Jurka and Moseley voting in favor and Boyett, Cave and Stern voting against.

Board fails to decide timing of annexation elections

Since the Palmer Lake voters approved an initiated ordinance requiring all annexations to be approved or denied in a special election, the board has struggled with the question of when the special election should be held, some arguing the voters should weigh in early in the annexation process and others arguing the vote should take place only after all the details of the annexation, including zoning, have been decided. At the Dec. 11 meeting, the board returned to this question.

Krob told the board he believed the election should be held after the eligibility hearing or after the details of the annexation agreement had been decided.

Stern said the board had been unable to decide this question and suggested the board seek a “declaratory judgment”—in effect asking a court to make the call. Krob agreed that was an option to decide the timing of the annexation election. Moseley said he was still opposed to having the election “in the middle of things.”

Resident Martha Brodzik argued the current laws require the election to be “the last step once the voters know what they are voting on.”

Following a lengthy discussion of this issue by board members, Palmer Lake residents, and other interested parties, Stern moved to direct Krob to put the question to a court for a declaratory judgment to decide what the annexation ordinance means. The motion passed, with Beltran, Boyett, Caves, Moseley, and Stern voting yes and Harris and Jurka voting no.

2025 budget amended, 2026 budget approved

Interim Town Administrator Glen Smith presented Resolution 70-2025, which amends the 2025 budget. Management Specialist Christi Birkeland said the only change is to the property tax line,

which needed to be reduced because the state is not providing funds to backfill property taxes as expected.

Moseley said the amended budget was missing $64,000, and that the water enterprise fund “is not appropriated money.” Birkeland said she was not prepared to address the question of the allegedly missing funds. Krob said using the term “appropriated funds” was not a problem.

The board passed the resolution with the stipulation that any mistakes would be corrected.

The board also passed Ordinance 07-2025, which adopts the 2026 budget and appropriates the required funds, and Resolution 71-2025, which certifies the town’s mill levies.

The board voted unanimously to approve Resolution 72-205, which changes the management of water funds to generate increased interest income. Excess funds from the current Water Checking Account at Community Banks of Colorado will be transferred to a Water Reserve Account and a Water Capital Reserve Account at COLOTRUST to earn more interest and meet target balances. The analysis of the changes included in the meeting packet anticipates an additional $17,128 in income expected from the changes.

Boyett resigns

On Dec. 12, the next day after the board meeting, Boyett resigned from the board, citing health concerns resulting from the stress of serving as a trustee.

Note: His resignation letter can be found on the town’s website here: https://tinyurl.com/2s4dxber.

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The next regular board meetings are scheduled for Jan. 8 and 22. 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

Palmer Lake Board of Trustees, Nov. 13 and 18 – Schedule for annexation elections undecided; board vacancy unfilled

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held just one regular board meeting last month, on Nov. 13. It considered resolutions to set the dates for annexation elections for the Red Rocks Acres property and the Buc-ee’s property, deciding in both cases to take no action until its next meeting on Dec. 11. Two resolutions to set the title and ballot language for those annexations were also continued until December. The board debated a draft of an ordinance written by Town Attorney Scott Krob that would amend the town’s municipal code regarding annexation elections.

Andy Kovacs, chief of the Monument Fire District (MFD), gave a presentation about MFD and discussed how it and the Palmer Lake Fire Department (PLFD) might merge. A public hearing was held on amending the 2025 budget, and the proposed 2026 budget was reviewed. The board also discussed how to fill the vacancy on the board created by Amy Hutson’s resignation.

On Nov. 18, the board held a workshop to interview two applicants for the board vacancy: John Marble and Bill Bass. Following that workshop, a special session was held to appoint one of the two applicants to the board. During that special session, the board could not decide between Marble and Bass and decided to reopen the nomination process.

Annexation elections continued

Krob told the board that Resolution 65-2025 scheduled the annexation election for the Red Rocks Acres property for Feb. 3.

Trustee Beth Harris questioned the point of setting the annexation election date before the planned development plan (PDP) and other documents were complete. She argued that the annexation election should be held after the Planning Commission makes a recommendation and the PLBOT accepts the PDP, the annexation agreement, and the zoning. Then, she argued, the electors decide only on the annexation. Trustee Atis Jurka agreed it was premature to set the election date for the Red Rocks Acres property.

Trustee Roger Moseley objected to proceeding with the Red Rocks annexation, and Krob asked for a brief recess to confer with Moseley. Following the recess, Krob said he had confirmed that Moseley owns property adjacent to the Red Rocks Acres property and has a conflict of interest. Moseley should not participate in the Red Rocks discussion, Krob said.

Harris moved to continue the decision about the election date until the Planning Commission makes a recommendation about the annexation. Mayor Dennis Stern said having the annexation elections for the Red Rocks Acres property and the Buc-ee’s property on Feb. 3 would consolidate election costs.

Harris and Jurka voted in favor of the motion. Stern voted no and Moseley abstained. (Trustees Mike Boyett and Tim Caves were not present.) The motion passed, and no date was set for the Red Rocks Acres annexation. The board also voted to continue the resolution to set the title and ballot language for the annexation until the Dec. 11 board meeting. Harris, Jurka, and Stern voted yes; Moseley abstained. The motion passed.

The board dealt the same way with a pair of similar resolutions regarding the Buc-ee’s annexation, continuing the question of the date for the election and the wording for the ballot until its Dec. 11 board meeting.

Board leaves rules for annexation elections unchanged

Krob wrote a memo to the board outlining his recommendations for resolving four issues regarding annexation elections left unclear by the recently passed ballot initiative requiring all annexations to go before the voters. Krob’s memo addressed at what point in the annexation process the annexation election should be held, when it should be scheduled, who pays for the annexation election, and who writes the language that appears on the ballot.

Krob’s memo recommended that the annexation election take place late in the annexation process, after the board and the applicant have negotiated an annexation agreement, and the PLBOT has approved the zoning (including a recommendation by the Planning Commission) and the sketch plan. He recommended that the annexation election be scheduled 180 days from the date of the resolution setting the election, and that the applicant pay all costs and write the first draft of the ballot language. The board should reserve the right to revise the language proposed by the applicant, Krob said.

The memo included Krob’s conclusion that the applicant has the right to insist that an annexation election be held in all cases.

A draft of an ordinance based on these recommendations was included as an exhibit to the memo.

Moseley said the material Krob included in the packet was incomplete and confusing, and the board was not prepared to discuss the proposed ordinance. He argued it was clear that the annexation election was the final step in the annexation process, and there was no need for Krob’s ordinance to amend the town’s code. Jurka agreed the ballot initiative indicated the annexation election was to be “last voice” in the annexation process and said he found the proposed ordinance confusing.

Moseley argued the board was obligated to look at eligibility, “but after that we have no responsibility,” and that Krob’s recommendations forced the town to spend money when the board could make the decision on its own. Krob answered that would open the town to a lawsuit brought by a disappointed applicant for annexation.

Jurka disagreed with Krob’s recommendation that the applicant pay for the election, arguing that might look like the applicant has undue influence.

Moseley challenged Krob’s recommendation that the applicant write the ballot language while the board retains the right to revise it. He argued zoning decisions were quasi-judicial and the public cannot vote on them. Krob disagreed with Moseley’s conclusion and cited a court precedent making zoning decisions legislative. Krob said the precedent was being reviewed.

Moseley moved to reject the proposed ordinance and leave the town’s code unchanged. The motion passed with only Stern voting no.

Fire department merger debated

Interim Town Administrator Glen Smith introduced the topic of the two fire districts merging, saying the town needed a sustainable option. Smith said a workshop on the potential merger had been held on Nov. 10.

Kovacs said fire departments were extensions of the community, and Palmer Lake traditions such as the lighting of the Palmer Lake Star and the Chili Supper would continue if the departments merged. He pointed out that MFD is not affiliated with the Town of Monument; MFD serves an area much larger than the town. MFD has a staff of 80, Kovacs said, with 23 firefighters on duty at all times, covering an area of 62 square miles from five fire stations. It handles around 4,000 calls per year.

MFD has three ambulances and is purchasing a new SnowCat, Kovacs said.

Kovacs mentioned these benefits to Palmer Lake if the departments merged:

  • Lower cost of homeowner’s insurance due to MFD’s lower ISO rating.
  • Better fire mitigation.
  • Economies of scale achieved by reducing duplication of effort.
  • Improved access to ambulances with Advanced Life Support systems.

Kovacs mentioned the possibility of building a new fire station in Palmer Lake, saying that would need some analysis

Jurka asked Kovacs if MFD deployed to fires in other areas. Kovacs said yes, adding that deployments do not reduce the number of firefighters on duty, so there is no reduction in service when staff is deployed.

Harris said many had complaints about the Mount Herman burn. Kovacs pointed out that the U.S. Forest Service took the lead on that project, adding the forest was healthier today than before the burn. Harris also asked how calls from the east side of the railroad tracks would be handled. Kovacs said MFD has a station on the east side of I-25 that could provide service when there was a delay due to a train.

In response to a question from Harris about costs, Kovacs said MFD was currently collecting 18.4 mills to fund its operations. Palmer Lake residents currently pay 10 mills to fund PLFD. Kovacs said a stepped approach to get from 10 to 18.4 mills might be possible. Moseley said Palmer Lake residents pay 10 mills for the Fire Department, but more Fire Department funding comes from the General Fund.

In terms of staffing, Kovacs said MFD does not currently have volunteer firefighters as PLFD does. PLFD’s volunteers could go into the mitigation program should the departments merge.

Stern pointed out that the current situation is not sustainable, and the problem of servicing calls from east of the railroad tracks already exists. He said a mill levy increase would be needed from Palmer Lake residents even if the departments remain separate.

Resident Rich Kuehster, who has served as Palmer Lake fire chief and as a trustee, and has always advocated for the PLFD, said Palmer Lake’s volunteer firefighters did not join the department to run a chipper. He asked Kovacs about MFD’s debt. Kovacs said MFD’s only debt is for the construction of a new fire station, and the MFD budget is posted on the district’s website. Kuehster ended his remarks by pointing out that the current PLFD firefighters know the town and that knowledge will be lost. “We will lose the glue that holds the town together,” he said.

Kovacs commented on the merger between MFD and the Donald Wescott Fire Protection District (DWFPD), which served the Gleneagle community. He said Gleneagle likes the service they get from the merged department. Mark Gunderman, the president of the MFD board, said he had been the president of the DWFPD board before that district merged with MFD. He felt the challenges with the proposed merger with PLFD presented the same challenges. He said DWFPD residents were paying 21.9 mills before the merger.

Resident DéNaje Ferguson asked what would happen to the 10 mills Palmer Lake residents currently pay should the merger proceed. Stern said in addition to the 10 mills another $800,000 was coming out of the General Fund to support PLFD. The 10 mills would not go back to the General Fund, according to Stern.

Much later in the meeting, Stern said he had been remiss in not discussing direction to the staff regarding the possibility of merging the departments. Town Clerk Erica Romero said her understanding was to continue to explore the possibility. Moseley asked Romero to investigate MFD’s position on the best location for a new fire station.

Palmer Lake Fire Chief JohnVincent said he had received 200 questions about the proposed merger. He pointed out that MFD had done district-to-district mergers, but not a municipality-to-district merger. He said he would discuss the issue with Kovacs and report to the board by April. Stern said that without a commitment from MFD to provide a new fire station, he would not support the merger.

2025 and 2026 budgets considered

Stern opened a public hearing on the 2025 budget. Smith explained the amendments to the 2025 budget came out of budget workshops the board held earlier in the month. In a memo included in the board packet, Smith noted:

  • Some design and all construction costs for Spruce Mountain Road were moved to the 2026 budget.
  • Design costs for the Highway 105 sidewalk project were moved to the 2026 budget.
  • Fire deployments revenues and expenditures were higher than expected.
  • Development cost land use reimbursements were originally unbudgeted.
  • Wood chipper costs were added because a grant was denied.
  • The fund balance total was amended.

Moseley said he would only approve the amended budget on the condition that the staff commit to tracking how the town reimburses contractors such as GMS Engineering Inc. by the end of the year. Romero said reimbursements were being tracked.

The public hearing was closed without a vote being taken on the amended budget.

During the public hearing on the 2026 budget, Smith said the board had until the December meeting to ask questions.

Resident Jane Garrabrant said only $275,000 was taken from the General Fund to subsidize the Fire Department, not $800,000 as was stated earlier in the meeting.

Smith said he would provide a memo regarding the 2026 budget to the board before its December meeting.

The meeting proceeded without the budget hearing being formally closed.

Two candidates for board vacancy

At the Nov. 13 meeting, Romero told the board two applications to fill the vacant seat on the board had been received. The board asked Romero to find a date when the candidates could be interviewed and a vote taken to appoint Hutson’s successor.

A workshop and a special session were scheduled for Nov. 18.

Executive sessions

The Nov. 13 board meeting was preceded by an executive session for the purpose of discussing personnel matters related to the recruitment process and qualifications for the position of town administrator, and to meet with the recruitment firm Strategic Government Resources (SGR) assisting the town in that process. It was followed by a second executive session to develop negotiating strategies regarding Lakeview Heights. No action was taken following the executive sessions.

Board interviews applicants for board vacancy; fails to decide

The board interviewed John Marble and Bill Bass to fill its vacant seat. Both candidates could make an opening statement and then were asked the same set of questions:

  • What are the important issues the board must address?
  • What is their experience?
  • How would they decide an issue if the information was incomplete?
  • How would they handle disagreements between board members?
  • Had they read the town’s master plan?
  • Why had they applied?
  • What would they do if they were accused of collusion?
  • How would they balance corporate development and the master plan?
  • How would they ensure town residents are heard?
  • How would they make budget decisions?
  • What is their understanding of Colorado’s sunshine laws?
  • How would they handle ex parte communications and accusations on social media?
  • How would they get up to speed and collaborate with staff?

Marble chose not to make an opening statement. He emphasized his desire to bring new perspectives and a youthful point of view to the board in his answers. He listed infighting, road maintenance, and supporting small businesses as the most important issues before the board. He said he was working on a degree in political science and writing a dissertation on Colorado’s sunshine laws.

In Bass’s opening statement, he pointed to his previous term as mayor starting in 2022. He said the town has been through a lot, has suffered, and is divided. The Buc-ee’s annexation has brought national attention to the town, he said, and he wants that to change. He said he worked hard to make citizens feel welcome and heard when he was mayor.

In his answers, Bass frequently drew on his experiences as mayor. He said healing the divisiveness would be a priority in the first year, and lack of revenue was a crucial issue.

In his concluding statement, Bass said he loved the town, had its best interests in mind and would love to serve.

Following the work session, the board held a special meeting to appoint one of the two candidates to the vacant seat.

Harris nominated Marble. The nomination failed with a tie vote, with Harris, Jurka, and Moseley voting yeas and Boyett, Caves, and Stern voting no.

Stern then nominated Bass. That nomination also failed with a tie vote, this time with Boyett, Caves, and Stern voting yes and Harris, Jurka, and Moseley voting no.

After the two failed nominations, Moseley asked for a five-minute recess to confer privately with Stern. This request was decried by some present as not transparent. When Moseley and Stern returned, Moseley said he hoped an appointment could be made before the deadline when an expensive special election would be required, but he could not reach a decision tonight because of his history with Bass. Moseley said he had made a request of Bass when Bass was mayor that had been ignored. He said he did not want this issue to “hang over the town,” and wished there were more candidates to consider.

Bass responded that he remembered Moseley’s request and had made Moseley’s concerns known to town staff at the time. Bass said he could not act unilaterally on Moseley’s request.

Moseley insisted on one more special meeting on the vacancy.

After more discussion by the board and comments from the public, the board voted to reopen the application process until Dec. 1, with Harris and Stern voting no and Boyett, Caves, Jurka, and Moseley voting yes.

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The next regular meeting is scheduled for Dec 11. 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

Palmer Lake Board of Trustees, Oct. 2, 9, and 23 – Annexation election set for Feb. 3, trustee resigns, lawsuits dismissed

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held a special meeting on Oct. 2 and two regular meetings on Oct. 9 and 23. At the special meeting, the board discussed the Buc-ee’s annexation and election. At the Oct. 9 meeting, the board accepted the resignation of Mayor Pro-Tem Amy Hutson and discussed the vacancy replacement process. At its Oct. 23 meeting, the board opened the applications for the vacant trustee appointment.

Town Attorney Scott Krob provided updates on litigation against the town, and the board set an annexation hearing for the Monument Crossing property near Red Rocks Ranch Road and fired its auditor.

Buc-ee’s annexation election approved

At its Oct. 2 special meeting, the PLBOT was to hold a public hearing on the Buc-ee’s annexation to consider the petition for annexation, a plan to zone the property as Planned Development (PD), and a sketch plan. A large audience attended and vocally expressed their disapproval of the proceedings.

The agenda noted that the applicant submitted a written request to hold an annexation election and continue the public hearing to a date certain. Krob, noting that the recently passed ordinance used the vague language of the initiative that voters passed in the Sept. 9 special election, said that the applicant was within their rights to request the election and the board should follow the will of the voters. At the Sept. 25 board meeting, Krob had said the election could take place at any point in the process. Krob said the board’s election consultant said the election could take place within 120 days and that, given their reimbursement agreement with the applicant, Buc-ee’s would pay for the cost of the election.

After much discussion from the board and numerous points of order and points of information, primarily raised by Integrity Matters attorney Kat Gayle, the board voted 3 to 4 to grant the request for an election and continue the public hearing until Feb. 5. Trustees Beth Harris, Atis Jurka, and Roger Moseley voted no, with Mike Boyett, Tim Caves, Hutson, and Mayor Dennis Stern voting yes.

Had the board voted on the questions in the original public hearing, a two-thirds vote would have been required, Krob confirmed ahead of the meeting, because the rezoning had been protested by more than 20% of the owners of adjacent property as required by Section 17.14.010 (7) of the town’s municipal code.

The special meeting ended abruptly with no opportunity for additional public comment. Attendees expressed their dissatisfaction both at Town Hall and, later, on social media.

At the Oct. 9 meeting, Krob suggested avoiding Tuesday, Jan. 20 for the annexation election as it would be the day after the Martin Luther King holiday which would impact both logistics and turnout. He suggested moving the election to Tuesday, Feb. 3, and moving the annexation hearing to Feb. 19. The board unanimously voted to continue discussion of the annexation and election hearing dates to its Oct. 23 meeting.

At its Oct. 23 meeting, the board voted to move the annexation election to Feb. 19.

Trustee Hutson resigns, vacancy process set

After the special meeting, Hutson submitted a letter of resignation on Oct. 3 to the town. She noted that she had volunteered for five years as a planning commissioner and then as a trustee, helping to rewrite the land use code and advocating for a code compliance officer and a proper plan for the Elephant Rock Committee. She said she had been defamed, accused of wrongdoing and sued, noting that the suit had been dismissed. She went on to say she could no longer carry out her duties and officially resigned. She said that if the board had voted on Buc-ee’s, she was going to vote “No.”

At its Oct. 9 meeting, the PLBOT officially accepted Hutson’s resignation, which started a 60-day clock to appoint her replacement. The board failed to appoint Caves as her replacement as mayor pro tem on a tied vote.

The board then failed to pass a motion to choose from the three recent applicants, Michael Beeson, Alex Farr, and John Marble. They also failed to pass a motion to open a 30-day general application and interview process.

Recalled Trustee Kevin Dreher said he had concerns about whether the board could agree on any of the previous applicants, saying it should open the process. A motion by Jurka to hold a special election for the replacement trustee failed to be seconded. Finally, the board voted unanimously to continue the item to the next meeting to gather more information.

At the Oct. 23 meeting, Stern said Beeson and Marble could not control their emotions and moved to open the trustee vacancy process to new applicants, allowing a two-week window for anyone interested to apply. In a tied vote, Harris, Jurka and Moseley voted no and Boyett, Caves and Stern voted yes; the motion failed. Stern said he was disappointed that the board remained divided.

Stern decided to take comments from the public on the question, which soon took a contentious turn.

Dreher recommended the board take new applications and then decide, arguing the recall elections cost the town $30,000 while taking new applications and appointing someone to the vacant seat would cost nothing. He told the board: “It’s your job to figure it out … that’s why you were voted up there, all of you.”

Martha Brodzik said she partially agreed with Dreher, and the emphasis should be on people who can work together.

Kathy Keeley asked why Farr, who had applied for a seat on the board previously, was not being considered. Stern said he had spoken to Farr who told him he was no longer interested.

Stern said anyone was welcome to apply for the seat, but it was disingenuous to consider only the prior applicants, and Beeson agreed that new applicants should be considered.

Business owner Trina Shook said neighbors of Glant Havenar, who was forced to resign as mayor when disparaging and offensive remarks she made about town residents were revealed in a lawsuit, were scared, petrified, and intimidated.

Hutson denied she had ever intimidated anyone and said she resented Shook’s remark. Later in the meeting, Hutson lost her temper and was escorted out.

Interim Town Administrator and Police Chief Glenn Smith asked the board to consider the large amount of extra work elections create for the town staff. Stern said he did not want to have an election to fill the vacant seat on the board and moved to take applications for two weeks and then schedule interviews. This time, his motion passed with only Harris and Jurka voting no.

Litigation update

Krob updated the board on two lawsuits filed against the town: one by Integrity Matters, a watchdog group in Colorado Springs, and the other by now Trustee Moseley and Brodzik.

In the Integrity Matters lawsuit, the court entered an order dismissing the case as the plaintiffs did not have standing to challenge the town. Krob said that the Colorado Intergovernmental Risk Sharing Agency (CIRSA), the town’s insurer, intended to seek $35,000 in attorney fees. Integrity Matters is continuing to pursue the lawsuit, Krob said.

The court also dismissed the suit filed by Moseley and Brodzik, Krob said, based on the Colorado Governmental Immunity Act (CGIA). Moseley and Brodzik are appealing that decision, he said.

Staff reports

Charles “Chas” Roubidoux from the town’s Water Department reported on water production and tank repairs. Roubidoux, who serves as both operator responsible in charge (ORC) and assistant superintendent, will replace Steve Orcutt when he retires as superintendent.

Smith said he was focused on the budget. Jurk noted that Monument was looking into license-plate readers and that he had asked about sharing alerts. Smith said he was familiar with the technology and could bring it to budget discussions, noting that the town could be covered by three cameras.

Town Clerk Erica Romero noted that star maintenance would be completed by Oct. 18, and the Star Lighting event is scheduled for Nov. 29.

Board actions

The board took the following actions:

  • Approved request to purchase a used police vehicle for up to $19,000.
  • Agreed to decouple the Planned Development (PD) decision to allow the EcoSpa parcel to proceed separately, with staff coordinating the next steps.
  • Received the proposed draft 2026 budget and set the budget hearing for Nov. 13 to include amending the current budget as needed.

Public comments

At its Oct. 9 meeting, the board heard comments from several attendees. Jurka and Kellie Curry urged accountability for public officials, citing the code of conduct, and requested that Planning Commission Chair Charlie Ihlenfeld and Trustee Caves step down. Resident Matt Stephen asked that the town keep the restrooms by the pickleball courts open during the winter; Smith said he would look into it.

Monument Crossing annexation considered

At the Oct. 23 meeting, the board took up Resolution 63-2025, which initiates annexation proceedings for a property at the south corner of the intersection of Highway 105 and Red Rock Ranch Drive. The resolution also sets a date for a hearing to determine eligibility for annexation. The property is owned by Jim Byers.

Krob told the board that the town has received the annexation petition, and a hearing to determine eligibility must be set within 60 to 90 days. Moseley said the board did not have to hold an eligibility hearing. Krob said state law requires an eligibility hearing to be held, but after that, the board has discretion.

Moseley questioned invoices that GMS Inc., the town’s consulting engineers, had submitted to the town regarding the Monument Crossing property, saying an applicant should not be assigning work to GMS. Hutson told the board that the annexation request was reviewed by the town’s Development Review Team, and the applicant would reimburse the town for work done by GMS. Smith added that town staff directed GMS, not the applicant.

The board voted unanimously to approve the resolution and to set an eligibility hearing for Dec. 11.

Board fires auditor

Smith told the board that the town’s recently hired auditing firm, P. Andrew Hall LLC, headquartered in Corpus Christi, Texas, had not met its deadline for auditing the town’s 2024 finances, and he advised the board to sever its contract with the company. Smith said the state of Colorado was being accommodating regarding the overdue audit, but funds due to the town might be held by El Paso County until the required audit is complete. Smith said the auditing company was not responding to him.

Krob pointed out that the town has not made any payment to the auditor and he supported Smith’s decision to sever the contract.

The board voted unanimously to terminate P. Hall and to engage another auditor. Smith cautioned that the need to expedite the audit could make it more expensive.

Executive session

The Oct. 23 board meeting was preceded by an executive session to discuss personnel matters related to the recruitment process and qualifications for the position of town administrator, and to meet with the recruitment firm (SGR) assisting the town in that process.

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The next regular meeting is scheduled for Nov. 13; there are no plans for a second meeting in November due to Thanksgiving. 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

Palmer Lake Board of Trustees, Sept. 25 – New board members seated; annexation ordinance becomes law

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) canceled its first regular board meeting of the month, scheduled for Sept. 11. At its Sept. 25 meeting, Beth Harris and Roger Mosley took seats on the board. Mayor Pro Tem Amy Hutson ran the meeting in place of Mayor Dennis Stern, who did not attend. The newly constituted board adopted an ordinance that requires annexations to be approved by a vote of the people and filled a vacancy on the Planning Commission. The board heard an update from Town Attorney Scott Krob regarding pending litigation against the town and staff reports from Town Clerk Erica Romero and Interim Town Administrator Glen Smith.

During the public comment period, resident Gary Atkins and County Commissioner Bill Wysong, among others, commented on the contentious special election held Sept. 9. The board heard a presentation on the Fountain Creek Watershed District’s (FCWD) Creek Week Cleanup. The meeting ended with an executive session.

Harris and Moseley sworn in

The Sept. 25 meeting opened with Town Clerk Erica Romero administering the oath of office to Beth Harris and Roger Moseley. Harris and Moseley were elected to replace Trustees Shana Ball and Kevin Dreher who were recalled on Sept. 9. As Harris and Moseley took their seats on the board, the audience gave them a prolonged round of applause.

Above and below: At the regular Palmer Lake Board of Trustees meeting Sept. 25, Town Clerk Erica Romero administered oaths of office to new board members Beth Harris (above) and Roger Moseley (below). Harris and Moseley were elected to replace Trustees Shana Ball and Kevin Dreher, who were recalled in the Sept. 9 municipal election.. Photos by Jackie Burhans.

Annexation ordinance adopted

In the special election that replaced Ball and Dreher with Harris and Moseley, the voters also approved a ballot initiative requiring all future annexations to be approved by the voters. At the Sept. 25 meeting, the newly constituted board adopted Ordinance 05-2025, the final step in making it law.

Krob told the board that Exhibit A, which accompanies the ordinance in the board packet, shows the complete text of the town’s code governing the annexation of land. The language added by the initiative is underlined. He directed the board’s attention to Section 8 of the exhibit: Requirement for Voter Approval. That section requires a special election to approve any annexation but does not specify when that election should take place, Krob said. That election could be held at the beginning of the annexation process, but Krob recommended it occur after eligibility had been determined, because only then would the electorate know exactly what it was voting on.

Hutson suggested the question of timing be decided at the next board meeting, since it was not on the agenda for the Sept. 25 meeting.

Harris asked Krob if he had made any changes to the language from the initiative when he incorporated it into the town’s code. Krob said he had made one change: the date of Oct. 30, 2025 was used instead of the phrase “one year before” to make it clearer exactly what period the ordinance would cover. Krob said the date of Oct. 30 was chosen to allow 30 days of notice.

The board voted unanimously in favor of the ordinance.

Planning Commission vacancy filled

Hutson told the board that the Planning Commission had recommended Rich Kuehster for its vacant seat at its Sept. 17 meeting

Kuehster said he had lived in Palmer Lake for 49 years, came from a family that values public service, had served as the town’s fire chief and had also served two terms on the board, leaving it in 2017. Harris asked why he was interested in serving on the Planning Commission, and Kuehster said he was prepared to interpret the town’s master plan and municipal codes and make good decisions about land use. The board voted unanimously to appoint Kuehster to the open Planning Commission seat.

Pending litigation

Krob told the board there were two pending lawsuits against the town: one filed by Integrity Matters, a watchdog group in Colorado Springs, and the other by Moseley and Martha Brodzik.

In the Integrity Matters lawsuit, a motion to dismiss has been filed by the Colorado Intergovernmental Risk Sharing Agency (CIRSA), the organization that insures the town. That suit is waiting on a decision from the judge, Krob said.

A motion to dismiss has also been filed in the lawsuit brought by Moseley and Brodzik, Krob said. That suit has been fully briefed and is waiting for a decision from the judge.

Krob told the board that Buc-ee’s is still moving forward with its annexation request, which will be voted on by the board at its meeting on Oct. 2. The Chinn annexation request has been placed on hold by Todd Messenger, the United Congregational Church’s lawyer.

Staff reports

Romero said the special recall election had been successfully conducted following hard work by the town staff. It was a smooth and transparent process. Romero thanked county Clerk and Recorder Steve Schleiker and his Election Manager, Angie Leath, for their partnership and guidance.

Smith thanked the staff for a transparent, fair election and noted the great turnout. He said he was disappointed that County Commissioner Bill Wysong posted negatively about the election.

Moseley asked Smith about the status of an audit of the town’s finances, which is overdue. Smith said an extension had been requested, but the audit would not be complete by Sept. 30. Smith said he expected the audit to be complete by mid-October, adding that when the outstanding audit was complete, he would publish a Request for Proposal seeking a new auditor.

Public Comments

Atkins told the board he was a 50-year-resident of the town and had served on the Planning Commission and on the Sanitation District board. He asked the board to cut the town’s financial losses regarding the annexation request from Buc-ee’s. He pointed out that Mayor Glant Havenar had been forced to resign, two board members had been recalled and replaced, and another board member had avoided recall by being appointed as mayor. These things proved the town did not want the proposed Buc-ee’s travel center, Atkins argued, and he asked trustees and the mayor to resign if they could not support the town’s decision. His comments were met with applause.

Wysong congratulated the two new board members and said that before the election, he said elected officials are required to vote and work for their constituents. He noted that Smith objected to those remarks but said an overwhelming number of people asked for his support. He said he had asked the office of the county Clerk and Recorder to help the town with the election and was pleased with the accountability and transparency.

Creek Week cleanup

Mary Wilson, FCWD’s outreach coordinator, gave the board an overview of the organization and the watershed. FCWD’s mission is to be good stewards of the watershed and to protect, restore, and sustain it. FCWD was established by the state in 2009, she said, and had completed 22 restoration projects with more on the way. Its funding comes from Colorado Springs Utilities.

The watershed is 92 square miles, Wilson said, crossing two counties and containing eight municipalities, with Palmer Lake at its northern boundary, Pueblo at its southern boundary and including Green Mountain Falls and Pikes Peak. It is the second most studied watershed in America, and one of the most erratic, she said. Fountain Creek was once ephemeral, that is, flowing intermittently, but now flows continuously due to the amount of building that has happened. Erosion is an ongoing problem, as the elevation changes from 14,115 feet to 4,695 feet over 71 miles.

Following Wilson’s remarks, Hutson read a proclamation recognizing Creek Week 2025, which declared Sept. 27 through Oct. 5 as “Creek Week.”

On Sept. 27, a group of volunteers met at Glen Park to remove brush from the banks of Monument Creek. See the snapshot section on page < 21 >.

Executive session

The meeting ended with an executive session to receive legal advice on a possible amendment of a sale agreement between the town and Twenty 1 Five LLC.

Following the executive session, the board took two actions: It approved an amendment to extend the sale agreement and voted to approve Ordinance 06-2025 to vacate portions of the Estabrook Street right of way.

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A special board meeting is scheduled for Oct. 2. 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

Palmer Lake Board of Trustees, Aug. 6, 14, 28 – Board vacancy filled; land use code updated; annexation decision postponed

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) met three times in August. At a workshop on Aug. 6, the board interviewed the final candidate for a seat on the board that was made vacant when Dennis Stern was appointed mayor. At the special meeting following the workshop, the board voted to fill the vacancy.

At the first regular meeting on Aug. 14, the board held a public hearing on an ordinance to update the sections of its municipal code that deal with zoning and land use. At the same meeting, the board heard a presentation regarding ways to develop the lodge at the Elephant Rock property and public comments. The meeting ended with an executive session.

At the second regular meeting on Aug. 28, the board scheduled a public hearing on the Buc-ee’s annexation, but that hearing was continued to Oct. 2 because the Planning Commission had not completed its review of the zoning issues brought up by the proposed annexation. See the Planning Commission article above. The board heard reports from town staff, board members, and public comments. The meeting included an executive session.

Final candidate interview

At previous meetings, the board interviewed Mike Boyett, Alex Farr, Beth Harris, and John Marble for the vacant seat on PLBOT. Mike Beeson, who currently serves on the Palmer Lake Planning Commission, was the last to be interviewed for the seat.

In his opening statement at the workshop, Beeson said he had lived in Colorado off and on since 1963. He served in several roles in the Air Force, including cryptologist and squadron commander. He earned an undergraduate degree in business, a master’s degree in public administration and a second master’s degree in national security. After retiring from the Air Force, he served as the chief of Human Resources at the Air Force Academy. He emphasized his leadership, budgeting, and management skills.

Trustees Shana Ball, Tim Caves, Kevin Dreher, Amy Hutson, and Atis Jurka asked Beeson the same questions they had previously asked the other candidates, including how Beeson would balance the town’s master plan against smart development; how he would attract business to the town; how the board, the town staff, and residents should work together; and how he would keep his emotions in check in tense situations.

Beeson referred frequently to his military background in his answers, said he would stay true to the town’s master plan, and said he would let his moral compass guide him and would make decisions based on fact. He stressed the importance of fire mitigation, said he would pursue the town’s initiative to add sidewalks, and would support arts and culture as foundations for the town’s economic development.

When Mayor Dennis Stern questioned Beeson, he asked a question that he had not asked of the previous candidates: He asked Beeson if he had signed all three recall petitions and the ballot initiative requiring annexations to be put to a vote instead of being decided only by the PLBOT. Beeson answered that he had signed one of the recall petitions and the ballot initiative. Beeson asked Stern if those signatures were disqualifying. Stern answered that he believed Beeson had already decided about the annexation of land for a Buc-ee’s travel center. Beeson said he had not decided because he had not seen the final presentation from the developer. Beeson offered to say which trustee he believed should be recalled, but Stern said Beeson had already answered his question.

After Beeson’s interview, Stern ended the workshop and, after a 10-minute break, opened the special session.

Boyett appointed and sworn in

After opening the special session, Stern said he had asked some but not all the other candidates if they had signed the recall petitions. He said he wanted to understand if the candidates had open minds about questions before the board. He said he “won’t be able to take any of those answers into consideration.” There were no public comments about the interview.

Stern asked the board for nominations to fill the vacant seat. Jurka nominated Beeson, and Hutson seconded the nomination. Dreher, Hutson, and Jurka voted for Beeson. Ball, Caves, and Stern voted no. The tie vote meant the nomination failed. Dreher nominated Boyett. Ball, Caves, Dreher, and Stern voted to appoint Boyett; Hutson and Jurka voted no, and the nomination passed.

Following that vote, the board voted unanimously in favor of Resolution 50-2025, which appoints Boyett to the vacant seat for the remainder of a term ending in 2026. Town Clerk Erica Romero administered the oath of office to Boyett.

Above: At the August 6 workshop and special meeting of the Palmer Lake Board of Trustees, the board interviewed candidates to fill the vacancy created when Dennis Stern stepped down to be appointed mayor. Mike Boyett, former waste plan operator at the Upper Monument Creek Regional Wastewater Treatment Facility was approved on a 4-2 vote and Town Clerk Erica Romero (left) swore in Boyett. Photo by Jackie Burhans.

Public hearing on land use code

At the Aug. 14 meeting, Stern opened a public hearing to discuss Ordinance 04-2025, which replaces the existing zoning and land use portions of the town’s municipal code with an updated version that the town contracted with Community Matters Institute (CMI) to draft. The work to update the code began in 2023 and was funded with a $15,000 grant. The grant requires the money to be returned by the town if the updated code is not approved by August 2025.

The debate focused on Article 17-1-80, which addresses the relationship of the land use code to the community master plan. The master plan has been discussed by the community recently as it relates to the town’s possible annexation of land for a Buc-ee’s travel center. Article 17-1-80 (b) of the updated code states: “Where a development proposal would be in substantial conflict with the Community Master Plan or other plan, an amendment to the Community Master Plan or other plan shall be required prior to any zoning or subdivision approvals, unless the Board of Trustees adopts a resolution making specific finding that such an amendment is not required.”

Jurka asked for clarification of “substantial conflict.” Because the Planning Commission worked with CMI to update the code, Stern asked Charlie Ihlenfeld, the chair of that commission, to comment. Ihlenfeld said he did not recall the Planning Commission discussing that portion of the code. Town Attorney Scot Krob said “substantial conflict” was difficult to assess numerically, and it would be up to the board to define it in a specific case.

Resident Beth Harris, who is running for a seat on the board in the election to be held on Sept. 9, urged the board not to adopt the language regarding the master plan, arguing that it “reinforces disregard” for the master plan and “throws the people’s will into the garbage” by requiring only a resolution by the board to circumvent it.

Harris said, “Moves like this buried deep in the packet make people distrust the board.” When Harris turned to address the audience instead of the board, Stern told her not to use the public hearing for campaigning and said she could use the public comment time to make further remarks on any topic she wished to address.

Resident Matt Beverly pointed out that the language in subsection (b) was not in the previous version of the code.

Resident Roger Moseley, like Harris a candidate for a seat on the board, argued that the town has not been well-served by CMI, calling the updated code a “worthless cut and paste job,” and objected to the changes to the caretaker house provisions, which he said abridged his property rights.

Caves asked Krob if it was possible to remove the language regarding the master plan and then approve the remainder of the amended code. Krob said it was possible, that doing so that evening would avoid the requirement for the town to return the grant money, and there was no time to return the code to the Planning Commission for additional editing. He went on to say the language regarding the master plan was inserted to address “unusual circumstances” and to give the board more flexibility. Harris said minutes from the Planning Commission indicated Krob had inserted the problematic language.

Following the discussion, Stern asked for a motion, and Hutson moved to adopt the amended code with Article 17-1-80 (b) removed. The board voted unanimously in favor of Hutson’s motion.

Real estate agent to develop Elephant Rock property

At the Aug. 14 meeting, the board heard a presentation about how the lodge at the Elephant Rock property might be developed by Greg Kaufman, a real estate agent and part owner of KCRE Advisors.

Caves introduced Kaufman and said the board’s goal was not to sell the lodge for the highest price but to find the right business that will generate tax revenue for the town in the long term. Kaufman said he was looking for a business that would generate $100,000 in tax revenue annually and would not sit on the property but would develop it immediately. He said he thought the lodge could provide revenue plus something the town does not already have, or at least “does not hate,” perhaps a wine-related business other than a vineyard.

Kaufman said he had been involved in many restaurant and brewery projects. He cited Monument Marketplace, Home Depot, Kohl’s, and Top Golf as businesses he had worked with. He said he can “create excitement and buzz.”

Hutson said the board required the business to be open before the land could be sold. Kaufman said that was not typical, but he liked a challenge. He said that he could not promise he could find the right business for Palmer Lake.

In response to a question from Jurka, Kaufman said the focus would be on the lodge, and the other two buildings would likely be torn down to provide parking space.

Stern asked Krob if he had reviewed the proposed contract with Kaufman. Krob said the contract could be approved that evening, subject to his later review. Cave said he wanted to move forward, and Hutson moved to approve the contract with Kaufman subject to Krob’s approval. The board voted unanimously in favor of Hutson’s motion.

Public comments

Three opponents of the Buc-ee’s travel center spoke against it during the public comment period.

Resident Martha Brodzik said she had submitted four Colorado Open Records Act requests and had never received the responses required by law. She said the annexation statement that the town released on July 25 was not a complete annexation agreement and was missing details such as who has priority when water restrictions are in place, the tiered water usage rate that Buc-ee’s would be charged for usage over 100,000 gallons per month, the tap fee for a 12-inch water tap, and who will pay various annexation expenses. She asked that the town respond to her requests for records.

Moseley said approving the Buc-ee’s annexation presented an ethical problem because the town would be forcing on surrounding communities a development it would never accept within its own boundaries.

Sean Sawyer, of Tri-Lakes Preservation, said he liked the decision to remove the language allowing the board to circumvent the master plan from its land use code and asked if the town was ready for the problems the travel center would bring it.

Executive session

The Aug. 14 meeting ended with an executive session to receive legal advice on three matters: a possible amendment of a sale agreement between the town and Twenty 1 Five, LLC; the proposed Buc-ee’s annexation and a possible draft annexation agreement; and the pending litigation between the town and Integrity Matters.

Public hearing on annexation rescheduled

At the Aug. 28 meeting, Stern noted that the Planning Commission at its last meeting had postponed its recommendation on the proposed Buc-ee’s annexation until Sep. 3 and said the board should wait to hold its hearing and vote until the Planning Commission had completed its work. Stern said a zoning change required a minimum of five trustees to vote in favor, and he wanted all trustees to be present for that vote. The first date all trustees were available was Oct. 2, and he proposed the matter be held over until that date. The board voted unanimously to make its final decision on the annexation on Oct. 2.

Following that vote, Krob addressed a second annexation petition that was announced at the Planning Commission meeting, which he referred to as the Chinn annexation. The Chinn annexation, he said, could impede Palmer Lake’s ability to move forward with its annexation. He told the board he had concluded that the Chinn annexation fails to meet legal requirements because it was not filed 10 days before Palmer Lake’s board meeting on Aug. 28 and did not involve the same territory as the Buc-ee’s annexation.

Recall election update

In her staff report, Town Clerk Erica Romero gave the board an update on the election to be held on Sept. 9, which will decide the recalls of Ball and Dreher and the ballot initiative requiring annexations to go before the voters. Romero said:

  • Ballots were emailed on Aug. 18 and can be returned by mail or in a ballot box at the Town Hall.
  • All ballots must be received by end of day on Sept. 9. Ballots postmarked on Sept. 9 but not received by that date will not be counted.
  • Replacement ballots are available at Town Hall.
  • There will be no in-person voting, and BallotTrax is not available to provide ballot status.
  • Six election judges have been chosen based on election judge experience and computer skills.
  • Each candidate and issue committee can appoint one election watcher to oversee the election.
  • Preliminary results will be posted as soon as possible on the town’s web page.

Information about the election is at www.townofpalmerlake.com/administration/page/elections.

Public comments

When El Paso County Commissioner Bill Wysong rose to speak, Stern asked if he was speaking as a commissioner, a private citizen, or in some other capacity. Wysong said his comments were “generic.” He reminded the board that their job was to represent the people, and it would not meet again before the recall election. He said he hoped the election would go well and everyone would be respectful of the outcome.

**********

The next regular board meetings are scheduled for Sept. 11 and 25. 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

Palmer Lake Board of Trustees, June 30, July 10, 24 – Candidates for board interviewed; recall election planned; annexation agreement published

By James Howald and Jackie Burhans

At workshops in June and July, the Palmer Lake Board of Trustees (PLBOT) interviewed candidates for a vacant seat on the board. The board debated how to proceed with the recalls of Trustees Shana Ball and Kevin Dreher and with the petition to require annexations to be approved by the voters. Having decided to hold an election to settle the recalls and the question of annexations, the board grappled with the details of how that election would be held. The board continued its work on a plan to develop the Elephant Rock property.

Town Administrator Dawn Collins announced her resignation at a previous meeting and said July 17 would be her last day with the town, setting in motion an effort to recruit her replacement. The board met in its capacity as Local Licensing Authority to consider two “modification of premise” requests from cannabis businesses and a request for a new liquor license.

Finally, late in the evening of Friday, July 25, the board released details of the annexation agreement it has negotiated with Buc-ee’s. Publication of the agreement does not complete the annexation process—the board will still need to vote on whether to approve the agreement. That vote has not been scheduled.

Candidate interviews

On June 30, the board interviewed John Marble and Alex Farr for the vacant board seat created when Dennis Stern resigned and was appointed mayor. The appointee will serve the remainder of Stern’s term, which ends in 2026.

Marble said he was a political science major at the Metropolitan State University of Denver; Farr discussed his experience as a firefighter.

Marble’s and Farr’s interviews are posted on the town’s webpage here: https://www.youtube.com/live/1-usV9Ci2h0.

On July 10, the board interviewed Mike Boyett and Beth Harris. Boyett said he had 46 years of experience working for water utilities and was currently a member of the Palmer Lake Sanitation District board. Harris emphasized her decades of experience in the financial industry.

Boyett’s and Harris’s interviews are posted on the town’s webpage here: https://www.youtube.com/live/H0AzqBigip8.

Following the interviews on July 10, the board decided to table the vote to fill the board vacancy until a meeting to be held on Monday, Aug. 4 at 5 p.m. at the Town Hall.

Recalls acknowledged and election date set

At the June 30 regular session, Town Administrator Dawn Collins told the board that if Ball and Dreher did not resign, the board was required by Colorado statute to set a date for a recall election. That election would need to be held between 30 and 90 days from June 23, when the recall petitions were determined to be sufficient. Collins recommended Sept. 9 as the date for the recall election because GovPro Consulting LLC could support the election, and it could also address the ballot initiative requiring annexations to be approved by the town’s voters.

Ball said she had done nothing wrong or illegal and would not resign. Dreher said he would not resign either.

Ball moved to acknowledge the recall petitions for herself and Dreher and to set Sept. 9 as the date for a mail ballot election. The motion passed unanimously with votes from Ball, Trustee Tim Caves, Dreher, Trustee Amy Hutson, Trustee Atis Jurka and Mayor Stern.

Following the vote, Jurka said he had reached out to El Paso County Clerk and Recorder Steve Schleiker to ask for his help with the recall election.

Annexations to go before voters

At the June 30 meeting, Town Attorney Scot Krob told the board that a petition for an initiated ordinance requiring voter approval for all annexations had been determined to be sufficient on May 27. The ordinance would require an election for all annexations, even those approved prior to the adoption of the ordinance. The board had three choices, Krob explained: approve the ordinance at the current meeting, add the vote on the ordinance to the election just scheduled for Sep. 9, or pass a resolution providing an alternate ordinance.

Krob said the proposed ordinance would apply to any annexation applications that came to the board within one year of the passage of the ordinance—any annexation applications submitted after Sep. 9. 2024, including the flagpole annexation requested by Buc-ee’s. Neither the determination of eligibility for annexation nor the town’s ability to negotiate an annexation agreement would be affected by the ordinance, Krob said.

Collins said she believed the election could cost between $25,000 and $30,000 due to the cost of printing ballots.

Stern asked for public comment and many residents took advantage of the opportunity to speak in favor of voter approval for annexations. Among the speakers were:

  • Sean Sawyer of Tri-Lakes Preservation, who said flagpole annexations were divisive and the board should let the voters decide them.
  • Matthew Beverly, who suggested the annexation applicant should pay the cost of an election regarding their request.
  • Kat Gayle of Integrity Matters, who argued that democracies require the consent of the governed and because the Buc-ee’s annexation would change the town forever the voters should decide. She pointed out that Colorado Springs voters had just defeated the Karman Line flagpole annexation.
  • Resident Marty Brodzik said Buc-ee’s preyed on small towns.
  • Dave Moon, of Tri-Lakes Preservation, said he and his team had canvassed 620 homes in Palmer Lake and about 72% were against the annexation. Only seven people were against voters having a say on whether the travel center will be built.

Following the comments, Cave moved to put the ordinance before the voters on Sept. 9. The motion passed with Jurka voting no, but the other trustees and Mayor Stern voting in favor.

At the July 10 meeting, Krob addressed the possibility that the election to decide recalls and whether annexations must be decided by the voters, which the board had scheduled for Sept. 9, could be combined with El Paso County’s election scheduled for Nov. 4. Combining the elections would save the town the considerable expense of running its own vote and several residents had argued for a combined election on social media.

Krob reviewed the applicable statutes and concluded the town’s election could not be combined with the county’s election. He pointed out that municipal elections for towns like Palmer Lake are governed by Title 31 rules, whereas the county’s elections are governed by Title 1. Title 31 requires the town’s election to be within 30 to 90 days after the petitions are submitted. The town’s election could be combined with a “regular” election schedule to be held with 180 days, Krob explained, by the county’s Nov. 4 election was not a regular election because regular elections are held in even years. Krob concluded the town would need to hold its own election on Sep. 9, within the 30-to-90-day window, as it had voted to do.

Krob drafted Resolution 55-2025 to designate Sep. 9 as the date of an election to consider the recall of Ball and Dreher and to consider the initiated ordinance regarding annexation. Erica Romero will serve as the Designated Election Official and can appoint election judges as required.

Jurka asked if the office of the El Paso County Clerk and Recorder could help with Palmer Lake’s election. Collins said it would provide ballot boxes, data regarding uniformed and overseas voters, election judges, training, and answers to questions. GovPro LLC would assist with the town’s election as well, she said.

Bill Wysong, the County Commissioner representing District 3, gave the board a letter from Steve Schleiker, the El Paso County Clerk and Recorder. Wysong confirmed the Clerk and Recorder’s office would assist administratively and operationally. In addition to the tasks listed by Collins, Wysong said the Clerk and Recorder could proofread the ballot language to ensure compliance and accuracy. He said Schleiker was sorry he couldn’t attend the meeting.

The board voted to approve Resolution 55-2025 and to proceed with its own election on Sep. 9.

The board continued the discussion of the election at its July 24 meeting.

Newly appointed Town Clerk Erica Romero told the board that there will be three candidates on the ballot for Ball’s and Dreher’s seats if they are recalled: Elizabeth Harris, John Marble and Roger Moseley. Harris and Marble are also being considered for appointment to the seat vacated by Stern’s appointment as mayor.

Clerk and Recorder Steve Schleiker and his Director of Elections Angie Leath attended the meeting to answer questions and eliminate confusion. He confirmed Krob’s conclusion that Title 1 elections and Title 31 elections differ, and the town’s election could not be combined with the county’s in 2025. He told the board Collins and Romero had handled the planning for the election correctly and agreed with Collins’s cost estimate. He emphasized his office could supply experienced elections judges to oversee Palmer Lake’s election. Schleiker concluded by saying he would have staff at Palmer Lake to assist on Sep. 9.

Above: At the July 24 board meeting, El Paso County Clerk and Recorder Steve Schleiker and Director of Elections Angie Leath assured the town that it would assist in any way it could with the upcoming Sep. 9 recall and petition election. Schleiker confirmed that the town could not coordinate its election with the county’s November election as its charter only allowed coordination in odd years. He said the county was providing ballot boxes and chain of custody seals and would provide independent, trained election judges to assist with ballot counting. Pictured from left: Schleiker, Leath. Photo by Jackie Burhans.

Board gets assistance with Elephant Rock development

At its June 30 meeting, the board discussed Resolution 52-2025, which authorizes a service agreement with Prism Design and Consulting Group to perform survey work at the Elephant Rock property. The land surveying services include:

  • A boundary survey for the entire property, needed to establish two new internal parcels, one for the EcoSpa being developed by the Willans, and the other for the Lodge parcel. The Willans agreed to pay for the boundary survey of the EcoSpa parcel.
  • Legal descriptions and survey markers for the two parcels.
  • Topographic mapping and as-built data for the entire property.
  • Prism Design agreed to provide those services for $4,700. The board voted unanimously to approve the resolution.

At the same meeting, the board considered two more agreements regarding the Elephant Rock property: the first with Community Matters Institute (CMI) to finalize a PD Sketch Plan and prepare a Planned Development Plan (PDP) plan based on materials provided by Hutson and Caves, at a cost of $30,940, and the second with GMS Inc. for engineering services for an amount not to exceed $34,240. After discussion and input from architect Bill Fisher and Richard Willans, the board voted unanimously to table both agreements without specifying a date for a future vote.

At the July 10 meeting, the board discussed hiring a real estate agent to sell the Lodge parcel. Krob said he had not reviewed information received from the realtor recommended by Hutson. Hutson said she recommended a 10% commission or a flat fee of $50,000 for the sale of the Lodge. She said she wanted offers from businesses and that she would try to find a second real estate agent. Collins said if more than one agent was considered, a Request for Proposal (RFP) should be written. It was agreed that staff would prepare an RFP and Hutson and Cave would handle tours for interested agents and bring a negotiation back to the board.

At the same meeting the board returned to the question of how to develop a PDP for the property, whether to have volunteers do the work or hire professionals. Hutson said she and Caves had met with Fisher, who did a lot of the legwork for the PDP. She felt they were 10 days away from completing a sketch plan for much less than CMI and GMS wanted to charge. She suggested engaging Prism Design to do the drainage and stormwater planning. Hutson estimated $40,000 could be saved. Reid Wiecks, Chair of the Parks and Trails Commission, asked to be involved in the PDP work.

The board did not vote, but the consensus was to proceed with Hutson’s recommendation.

At the July 24 meeting, the board considered an expanded professional services agreement from Prism Design, embodied in Resolution 58-2025, that added civil engineering services and preparation of the PDP to the land surveying services in the agreement that the board approved at the June 30 meeting. The civil engineering services include:

  • A Phase 1 Drainage letter at a cost of $2,800.
  • An optional Phase 3 Drainage Analysis, Plan and Report at a cost of $12,150.
  • An optional Erosion Control Plan at a cost of $1,200.
  • An optional Stormwater Management Plan at a cost of $2,900.

The proposal from Prism Design indicated that which of these services will be required depends on decisions made by the town about how the property will be developed.

The PDP services include preparation of a new Planned Development exhibit and guide, prepared as a comprehensive exhibit map which will provide governance in specific uses, growth and development of the entire site. The exhibit and guide will include current conditions, future development zoning uses, improvements, lighting, stormwater runoff allocation, and so forth.

Caves moved to approve Resolution 58-2025. Resident Marty Brodzik questioned how the resolution was written, especially the absence of an upper limit on costs. The board voted unanimously to approve the resolution.

Following the vote, Caves followed up on some questions from the last meeting. He said the goal was to create a business at the Elephant Rock property that would provide long-term tax revenue by selling the Lodge on a 2.5 -acre parcel. He said he wanted to net $500,000 on the sale and generate $80,000 in annual tax revenue from the business that buys the land. Ball pointed out the town has tried to honor the conditions set by the church that donated the Elephant Rock property to the town, but those conditions made it hard to get financing. Caves agreed that banks will not invest in a project that doesn’t own the land..

New Town Administrator sought

At the June 30 meeting, Collins gave the board two proposals to assist with recruiting a new Town Administrator: the first from Strategic Government Resources (SGR) for $29,000, the second from KRW Associates (KRW) for $21,000. She said the board should expect a four-month process to get a new Town Administrator on staff.

Stern balked at the proposed cost and asked if an RFP could be used. Collins said an RFP would not be appropriate, but a recruitment brochure could be pulled together. She said all town jobs were posted on the Colorado Municipal League (CML) website. Ball said the CML director had offered to assist the town but had suggested the use of a recruiting company. The board voted to table the resolution authorizing the use of a recruiting firm.

At the July 10 meeting, the board returned to the process to replace Collins. The board heard a presentation from Kim Seamy of SGR, who emphasized the company’s connections with the Tri-Lakes area. Seamy said it was reasonable to expect 12 weeks to get an administrator in place.

Later in the meeting the board took up Resolution 53-2025, which would authorize the hiring of a recruiting firm. Collins told the board that KRW had withdrawn its proposal but offered to help with selecting an interim administrator. Ball said the Department of Local Affairs could provide interim administrative services but not for free. She said she felt a recruiting firm was needed due to the town’s history with administrators and need for an experienced administrator. She said Collins “ had done an excellent job in showing citizens that we are being transparent, but it will take longer to overcome past ghosts. . . .Dawn turned the town around.”

Stern asked where $30,000 for the search could be found in the town’s budget. Collins said the General Fund could cover the expense and there would be $60,000 saved from unused wages.

The board voted unanimously in favor of the resolution, authorizing a contract with SGR to be signed.

At the same meeting, Erica Romero was sworn in as the Town Clerk after a unanimous vote by the board.

Above: At the July 10 Board of Trustees meeting, outgoing Town Administrator Dawn Collins recommended that Erica Romero be named Town Clerk. Collins said Romero had completed two of the three years of certification and was in the process of completing the final year. The board unanimously approved the appointment, and Collins administered the oath of office which became effective July 18. Pictured from left: Collins and Romero. Photo by Jackie Burhans.

At the July 10 meeting, Chief of Police Glen Smith was appointed as Interim Town Administrator. Smith discussed his many years in law enforcement, which included a leadership program taught by the Federal Bureau of Investigation.

Local Licensing Authority decisions

The board approved a request from Alpine Essentials to move its medical cannabis operation into the space currently allocated to its recreational sales. Owner Melissa Woodward said the change was requested to improve her business’s security.

Dino Salvatori, the owner of the Dead Flowers dispensary, asked the board to approve the addition of a drive-through lane for his business. Salvatori said he hoped the lane would offset the business he has lost since Colorado Springs legalized recreational sales. The board approved his request.

Finally, the board approved a new liquor license for the 105 Social House, which is moving from its current location to 11 Primrose St., the previous location of Journey’s End Restaurant.

Details of annexation agreement with Buc-ee’s

The published documents can be found at: http://bit.ly/pl-proposed-annexation. The documents include this disclaimer: “NOTICE: this document represents the understanding of the Palmer Lake Board of Trustees of the items included in the proposal by Buc-ee’s to annex and develop within the town of Palmer Lake. It is for informational purposes only. The board has not made any determination as to whether the annexation should be approved and, if so, on what terms and conditions. The board will not make those determinations until the appropriate point in the process, at a public meeting.”

  1. Water Infrastructure:
    • Buc-ee’s will cover all costs for drilling and implementing two wells (Well A-1 and Well A-3), a water treatment plant, and a 12” water line along County Line Road.
    • Buc-ee’s has agreed not to seek reimbursement from the Town or other users of the line who may hook into it in the future. They will pay tap and service fees.
    • Buc-ee’s will pay $4,297,027 for the Town’s redundant well (Well A-1) and ensure it produces 345,600 gallons per day of acceptable quality water.
    • Buc-ee’s will also fund Well A-3 and related infrastructure to meet its water demand (113,600 gpd max daily use).
  2. Road Improvements:
    • Buc-ee’s will repair a segment of County Line Road and make substantial improvements to the I-25 interchange at its own expense.
    • Maintenance costs for County Line Road are under discussion with El Paso and Douglas Counties.
  3. Financial Contributions:
    • Sales Tax: Buc-ee’s will receive 1% of the Town’s 3% sales tax for 20 years, with the Town retaining 2%, estimated to generate $1 million annually.
    • Use Tax: A one-time use tax of $379,500 on construction materials.
    • Property Tax: Estimated annual revenue of $124,066 for the Town, plus benefits to other entities like schools and fire districts.
    • Community Contributions: Buc-ee’s will provide $350,000 to the Town within 30 days of opening and $150,000 for open space/public use.
  4. Emergency Services:
    • Buc-ee’s will allow its parking lot to be used for emergency staging.
    • Police and fire departments in other Buc-ee’s locations reported minimal adverse impacts, with increased budgets funded by revenue gains.
  5. Planned Development (PD):
    • Buc-ee’s will submit landscaping, lighting, signage, architectural, and other plans for Town approval.
    • Lighting will comply with Town standards but may not meet “dark sky” compliance due to safety needs.
  6. Store Details:
    • The store will be 74,000 sq. ft. with fueling stations but no car wash.
    • A kiosk, paid for by Buc-ee’s, will promote Palmer Lake events and artists.
  7. Wastewater Treatment: Provided by Monument Sanitation District.
  8. Subdivision and Disconnection:
    • The site will be subdivided per Town code.
    • If development does not proceed as agreed, either party may disconnect the site.
  9. Development Agreement:
    • Buc-ee’s will reimburse the Town for all project-related expenses.
    • Remedies for breaches are limited to specific performance, not monetary damages.
    • Key Benefits to Palmer Lake:
    • Fully funded water and road infrastructure improvements.
    • Significant tax revenue and community contributions.
    • Minimal anticipated strain on emergency services.

**********

The next regular board meetings are scheduled for Aug.14 and 28. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Some meetings are scheduled just 24 hours in advance. 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.

Above: At the July 10 Board of Trustees Meeting, Fire Chief John Vincent answered questions and had firefighter Jared Cabunoc demonstrate a new battery-operated jaws of life, or fire extrication device. Vincent said the old device that was donated by Monument Fire District had broken down. The device will be used to gain access to a patient when needed. Vincent said the department had a spare battery. Trustee Dreher said it would not be needed often but when it was needed it was very important. Pictured from left: Cabunoc, Vincent. Photo by Jackie Burhans.

Above: At its rescheduled June 30 meeting, Police Chief Glen Smith announced that he had filled two open positions. One officer, Nick Hernandez, who had prior experience, was assigned to the midnight shift said Smith. The second hire was Officer Scott Horst who attended the meeting to take his oath of office.
From the left are Smith, Town Administrator Dawn Collins, and Horst. Photo by Jackie Burhans.

Other Palmer Lake Board of Trustees articles

Palmer Lake Board of Trustees, June 12, 19, 23, and 30 – Stern replaces Havenar as mayor; attempt to stop recalls fails

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) scheduled four meetings in June: a regular board meeting, an administrative hearing to address a protest against the recall of Trustees Shana Ball, Kevin Dreher and Dennis Stern, a special meeting consisting only of an executive session, and a second board meeting. The second board meeting was moved from June 26 to June 30, after this issue of Our Community News went to press. It will be reported in the August issue of OCN.

At the first regular board meeting, the board accepted the resignation of Mayor Glant Havenar and appointed Trustee Dennis Stern to complete Havenar’s term as mayor. The board voted to hire a third party to preside over a hearing regarding the protest of the recalls of Ball, Dreher, and Stern. The board also heard public comments concerning Stern’s appointment, the proposed Buc-ee’s travel center, and Havenar’s behavior.

At the recall protest hearing on June 19, resident Brian Yavanian challenged the validity of the signatures collected to recall Ball, Dreher, and Stern, arguing that Beth Harris had provided a postal address, not a legal address, and therefore the signatures she collected were invalid.

The special meeting on June 23 consisted of an executive session and a question from a resident.

Publication of texts leads to Havenar’s exit and Stern’s appointment

In the wake of the publication of texts between Havenar, her friend and political ally Darcy Schoening, and Buc-ee’s lobbyist Mark Waller, Havenar submitted her resignation as Palmer Lake’s mayor. The texts showed Havenar mocking, insulting, and demeaning her constituents and the spouse of one of the trustees, often in obscene language, texting with Waller, and texting while she was participating in an executive session, which are closed to the public by law.

At the June 12 meeting, the board voted unanimously to accept Havenar’s letter of resignation. Then Town Attorney Scot Krob explained the legalities of filling the mayoral vacancy. Krob said the vacancy could be filled by appointment or by an election. An appointment could be made immediately, he said, and a current trustee could be appointed, but they would have to resign their seat on the board to be appointed mayor. Resigning a board seat would bring any attempt to recall that board member to an end.

Krob pointed out that there were many sensitive matters before the board; he recommended that the vacancy be filled as quickly as possible by someone who had participated in recent meetings, negotiations, and executive sessions.

Trustee Tim Caves recommended Stern, the current mayor pro tem, to fill the vacancy, calling him “the obvious choice.” Stern said he was willing to resign his seat on the board. Resident Harris asked to speak, but Stern said comments would not be accepted at that time. His decision was a departure from the board’s usual practice of allowing attendees to speak even outside the time allotted for public comments. Some of those present reacted angrily to Stern’s decision.

After Stern gaveled the crowd into silence, Ball moved to accept Stern’s resignation from the board. Ball, Caves, Dreher, Trustee Amy Hutson, and Stern himself voted to accept his resignation; Trustee Atis Jurka voted no. Following that vote, Jurka asked what was best for the town and suggested someone not under the cloud of a recall, as Stern was, would be the better choice. Jurka said he wanted the decision to be open to the citizens.

Jurka’s remarks were applauded by the crowd. Ball said she wanted someone familiar with the annexation that was under consideration by the board, as suggested by Krob. Hutson pointed out that although Stern was under recall, the success of the recall was not certain.

Ball, Caves, Dreher, Hutson, and Stern voted to appoint Stern as mayor. Jurka once again voted no. Following the vote, Town Administrator Dawn Collins administered Stern’s oath of office. Hutson was named mayor pro tem.

Collins suggested a two-week window to accept interest forms for the vacancy on the board created by Stern’s resignation as trustee.

During public comments, El Paso County Commissioner Bill Wysong, who represents Palmer Lake on the El Paso Board of County Commissioners, said in a republic politicians are elected to represent their voters and “you are continuing to stir the pot and it really disappoints me. The people of Palmer Lake I believe deserve to be heard. . .. I hope Palmer Lake can come together.” Wysong’s remarks were met with applause.

Harris, who was applauded when she rose to speak, also expressed her disappointment that a trustee facing a recall had been appointed mayor. She said it was not wise for the board to appoint a mayor. She has since announced her intention to apply for the vacancy on the board created by Stern’s resignation.

Resident Steve Draper reminded the board that Caitlin Quander, a land use attorney with Brownstein Hyatt Farber Schreck LLP, who spoke at the hearing for Buc-ee’s second annexation petition on behalf of the Malone Family Foundation, had argued that the notification requirements for the second annexation eligibility hearing had not been met and she was ignored by the board. Draper asked that the final annexation hearing be postponed because the eligibility hearing was not valid.

Nancy Godbout Jurka, who is married to Trustee Atis Jurka, discussed Havenar’s text messages, arguing they proved the board colluded and wants to silence the community.

Goldman appointed to hear petition protest

Collins said the signatures collected to recall Ball, Dreher, and Stern could be protested during a 15-day period following their submission for validation: that deadline was June 6. The signatures collected to place an initiative on the ballot giving residents a vote on any annexation had a 40-day protest period, which ended on June 16. During the protest periods, signatures which had been verified by the town administrator could be challenged and perhaps invalidated. If enough signatures were to be invalidated, the recall would end. Collins recommended that the petition protest hearings be presided over by a third party, not a member of the town staff.

Collins recommended Karen Goldman to preside over the hearings. Goldman has extensive experience with Colorado election law, having served as deputy city clerk in Aurora, as city clerk in Lakewood and as the secretary of the Senate for the state of Colorado. Goldman has served as an election hearing officer in more than a dozen Colorado towns and cities, provides election training through the Colorado Municipal Clerk’s Association, and conducts election webinars through the Colorado Municipal League.

The board voted unanimously in favor of Resolution 48-2025, which designates Goldman as the hearing officer at a rate of $100 per hour.

Effort to stop recalls falls short

On June 19, Goldman convened a hearing to find facts and hear testimony regarding Yavanian’s challenge to the petitions to recall Ball and Dreher. Since Stern had already resigned his board seat to accept an appointment as mayor, his recall was not considered at the hearing.

Goldman began by reviewing facts and events that preceded the hearing:

  • The recall petitions were approved by Collins as to their legal form on March 24.
  • The minimum number of signatures needed to trigger a recall was 275.
  • The recall petitions with signatures were filed on May 21, one day before the deadline. The Ball recall petition had 304 valid signatures and the Dreher petition had 300.
  • On May 27, Collins determined that the signatures submitted were sufficient for the recalls to move forward.
  • Yavanian filed his protest on June 2.

Goldman explained some of the legalities of the recall. She said the burden of proof was on Yavanian to prove that his allegations were enough to overturn Collins’ determination of sufficiency.

Goldman said Yavanian claimed Harris erred in providing a postal address with a P.O. Box, not a legal address. She said she would hear testimony only on this point, not on the broader issues regarding the recalls. She said Yavanian would testify first and could call witnesses. Then Harris or her representative would testify, and Yavanian would have a chance to respond.

Goldman pointed out that the hearing was an administrative meeting, not a public hearing, so the public would not be able to comment.

Goldman then swore in Yavanian, who testified that the statute governing recalls requires the address of the petition committee members and Harris had used a P.O. Box, which was not a legal address. P.O. Boxes can’t be used to open bank accounts or start businesses, he said, because they prove nothing regarding residency; anyone can get a P.O. Box in any community.

Goldman asked Yavanian if he was aware of anyone who signed the recall petition and then decided they shouldn’t have because Harris had used a P.O Box. Yavanian said he was not. Goldman went on to say it was her understanding that almost everyone in Palmer Lake has a P.O. Box. She asked if Yavanian was alleging that Harris was not a registered elector. He said he was not, but he said he had concerns about Harris’s residency. He did not support those concerns with any facts.

Goldman swore in Collins, who testified that when she received the recall petitions, she involved Judy Egbert of GovPro Consulting to assist her. Collins said she verified that the three members of the recall petition committee—Harris, Dailee Fagnant, and Cody Fouts—were all registered voters by using the Colorado Secretary of State’s website. Goldman asked Collins if Harris’s use of a P.O. Box concerned her; Collins said no since Harris was a registered voter in the town.

Goldman then swore in Grace Foy, a lawyer representing Harris. Foy testified that Harris was a resident of Palmer Lake and a registered voter. The Secretary of State’s website shows both Harris’s P.O. Box and her street address, she said. Foy noted that when the recall petitions were being reviewed for correctness by Collins, the use of a P.O. Box was not a concern and proof of residency was a requirement to obtain a free P.O. Box.

In her concluding remarks, Goldman said she would review documents and testimony and make her decision. She asked Dreher if he wanted to speak as he was one of the trustees being recalled. He said no. Goldman concluded the hearing.

On June 22, Goldman published her conclusion that the recalls of Ball and Dreher can proceed and she instructed the town to set a date for the recall elections.

Above: The Palmer Lake Board of Trustees hired third-party hearing officer Karen Goldman to review protests challenging recall petitions for trustees Shana Ball, Kevin Dreher, and Dennis Stern. Goldman, a former Aurora deputy city clerk and veteran hearing officer, held a public hearing on June 19 at Town Hall. She reviewed petition procedures and Town Manager Dawn Collins’ certification. Resident Brian Yavanian filed a protest, arguing that a petition committee member’s use of a P.O. Box should invalidate the filing. Goldman noted that Stern’s recent resignation and appointment as mayor nullified his recall. Goldman heard testimony from Yavanian, Collins, and attorney Grace Foy, who represented committee member Beth Harris. Collins said she confirmed that Harris was a registered elector and saw no issue with the P.O. Box. Foy noted no objection was raised during the petition review. Dreher attended but declined to testify. On June 22, Goldman ruled the recalls could proceed and directed the town to schedule an election. Photo by Jackie Burhans.

Executive session convened; Collins announces last day

On June 23, the board met to hold an executive session. The agenda listed three reasons for the session: to confer with the town’s attorney on legal questions regarding pending litigation, to discuss negotiations regarding filling the town administrator vacancy created by Collins’ resignation, and to receive legal advice and input from the town’s lawyer regarding a possible annexation agreement for a proposed Buc-ee’s development.

In response to a question from a resident, Collins, who had announced her resignation from her position and her acceptance of a job in Blue Earth, Minn. previously, said her last day as Palmer Lake’s town administrator would be July 17.

Correction

The article covering Palmer Lake in the June issue of OCN misquoted Dan Guimond, senior principal at Economic and Planning Systems. Guimond in fact estimated Buc-ee’s water consumption at 1.19 million gallons per month, not 1.19 million gallons per year, as stated in the article.

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The next regular board meetings are scheduled for July 10 and 24. 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

Palmer Lake Board of Trustees, May 5, 8, 22, and 29 – Revised Buc-ee’s annexation eligibility petition approved

By James Howald and Jackie Burhans

In May, the Palmer Lake Board of Trustees (PLBOT) took up a second, revised petition to annex a 24-acre plot of land south of County Line Road and west of I-25, which is the proposed site of a 74,000-square-foot Buc-ee’s travel center. The site is about 1.8 miles east of the current town boundary. The board held a workshop to review studies addressing the impact of the proposed travel center on the town’s finances, water infrastructure and traffic. The board held a special meeting on May 29 that included a public hearing on the second annexation petition and a vote on a resolution regarding eligibility for annexation.

Studies of finances, water, and traffic presented

On May 5, the PLBOT held a nearly five-hour special meeting to review three independent reports, all funded by Buc-ee’s. All board members attended, along with the town administrator, attorney, police chief, fire chief, and more than 50 residents, The reports analyzed the revenue, water, and traffic impacts if Buc-ee’s moves forward. Board members and attendees asked questions after the presentations. Based on feedback from this meeting, the fiscal report was updated on May 21. Find all three final reports at bit.ly/buc-ees-reports.

Senior Principal Dan Guimond presented Economic & Planning Systems’ (EPS) fiscal impact report. He outlined EPS’s analysis of the proposal, its timing, and estimated general fund revenue and expenses over several years.

Revenues from taxable retail sales are projected at $31.8 million in 2027, generating about $995,000 in sales taxes at current rates. However, municipalities often negotiate a 1.1% sales tax incentive with Buc-ee’s, potentially reducing revenue by $326,000. Gas sales are excluded, as those taxes go to the state. EPS estimates the one-time use tax during 18 months of construction to be $379,500. Property taxes are expected to rise significantly post-construction, reaching $400,000 in 2027, to be collected in 2028.

Expenses fall into three categories: town operating costs, capital costs for town departments that may or may not be reimbursed, and development-related capital costs that the developer covers. Guimond outlined operating and capital cost estimates for Palmer Lake Police, Fire, and Public Works. Operating costs would rise by $1 million, plus $5.9 million in one-time capital expenses.

Buc-ee’s is expected to spend $10.52 million on transportation upgrades, including improvements to I-25 and County Line Road, interchange ramps, signals, and turn lanes. Costs to extend the town’s water infrastructure would be $5.5 million and may be shared.

Guimond addressed board questions submitted by email. He said the sales tax incentive was discretionary and negotiable. EPS could not use data from Johnstown Buc-ee’s as it lacked full-year data, and there was no public data to review. The board asked why Buc-ee’s would cover only 25% of water upgrades. Guimond cited a GMS water report estimating Buc-ee’s annual usage at 1.19 million gallons per year, compared to total town consumption. Fire Department staffing estimates, he said, came from the Fire Chief John Vincent.

Havenar questioned why the report showed the town covering costs the developer should pay, calling some expenses inflated and revenue estimates conservative. She emphasized that development typically funds itself, per the Palmer Lake Master Plan.

Other board members asked about general fund expenditures, Fire Department estimates, and whether increases accounted for annexing properties along County Line Road. Public comments covered assumptions, actual costs, Buc-ee’s financial responsibility, and whether Monument Fire Department could continue servicing the property. Guimond said the report outlined assumptions and distinguished between pre-existing needs and Buc-ee’s impact. He noted EPS estimated costs, but did not address financing.

GMS Inc., an engineering firm that has advised Palmer Lake regarding water infrastructure, presented the second report. Senior Engineer and Project Manager Mark Morton summarized findings on Buc-ee’s increased water demands and necessary improvements. He said the report also accounts for long-term population growth and existing deficiencies. GMS listed $10.4 million in needed improvements including a waterline extension costing $5.6 million and facility upgrades for $4.8 million.

The board questioned recycling gray water vs. reclaiming water, the number and locations of wells, xeriscaping, and whether Buc-ee’s could proceed without annexing into Palmer Lake. In the public question portion, Rachel Zancanella, Division 2 engineer for the Colorado Division of Water Resources (DOWR), offered to meet and review Palmer Lake’s water portfolio and rights.

A resident raised concerns about depleting aquifers, long-term sustainability, and rising pumping costs. Morton expressed interest in further discussions with DOWR and emphasized the need for renewable water from non-tributary sources. Morton clarified that Buc-ee’s would connect to Monument Sanitation District for wastewater, not Palmer Lake Sanitation District.

Traffic Engineer Max Rusch of Stolfus & Associates presented the final report. He noted that Buc-ee’s conducted its own traffic study, which the Colorado Department of Transportation (CDOT) would review for the I-25 interchange. Stolfus analyzed traffic at the I-25 ramps, the Beacon Lite Road and County Line Road intersection, and the Spruce Mountain Road and County Line intersection near town, finding little impact at the Spruce Mountain Road intersection.

Rusch said Stolfus conducted its own traffic counts and trip-generation analysis to assess Buc-ee’s proposed improvements. To account for summer peak volumes, Stolfus adjusted its traffic counts. Key findings showed that I-25 would function more efficiently with Buc-ee’s upgrades, full access should be allowed in and out of the church at Beacon Lite Road, and Buc-ee’s may need to modify its middle access left turn to accommodate queueing.

Rusch addressed board-submitted questions on residential driveways along Beacon Lite and left turns onto County Line. He said Stolfus did not anticipate egress issues and noted a dedicated through lane for left turns. While Stolfus did not conduct a formal safety study, Rusch did not expect Buc-ee’s to impact I-25 operations. The firm did not examine Beacon Lite and Highway 105, as it does not anticipate significant southbound traffic from Buc-ee’s. Attendees then asked about the traffic study used, count dates, seasonal adjustments, and whether Stolfus accounted for future development which it did not.

Readers can find links to the agenda, packet, and meeting videos at bit.ly/250505-plbot-special.

Public hearing on annexation petition

On May 29, the board held a special meeting that included opening remarks from Town Attorney Scott Krob and a public hearing that began with a presentation from Nina Ruiz of Vertex Consulting Services, who represented the annexation petitioner Monument Ridge West LLC. The meeting included public comments and ended with a vote on Resolution 46-2025, which confirmed annexation eligibility.

The meeting was held in the Palmer Lake Town Hall. In anticipation of a large turnout, the hall was reconfigured, moving the trustees up to the area in front of the fireplace and adding extra seating for up to 120 attendees. A large-screen TV with a livestream of the meeting was installed on the patio of the Town Hall for those who could not be seated. At least 30 people listened from outside the hall, trying to stay dry as light rain fell. Some of them complained to the board that they had trouble hearing the livestream.

Above: Buc-ee’s annexation eligibility hearing in Palmer Lake Town Hall, May 29. Photo by Jackie Burhans.

Attorney addresses litigation

In his remarks preceding the public hearing, Krob addressed litigation filed by Integrity Matters (IM), a local nonprofit watchdog group. Krob argued board meetings had met the requirement of the state’s “sunshine laws,” which simply require meetings to be announced 24 hours before they are held. Krob said a temporary restraining order requested by IM requiring the special meeting to be moved to a larger venue had been denied by the court, which also denied a second motion from IM which claimed the meeting was in fact a closed meeting because everyone could not be seated. Krob said the court agreed the special meeting was an open meeting and everyone who wanted to be heard would be heard.

Krob addressed other concerns about the annexation process that had been raised by the community. He said the town was required to have a three-mile plan in place before the final decision to annex, not before the annexation eligibility hearing. He explained the second annexation petition before the board at the special meeting sought to annex the entire width of County Line Road, not just the southern half, which means the necessary contiguity can be achieved with three annexations instead of six. He stressed the special meeting was only to address the question of eligibility, and other issues would be addressed during a later meeting at which the final decision about whether to annex would be made. He reviewed the state statutes governing eligibility for annexation.

Petitioner’s presentation

Following Krob’s remarks, Mayor Glant Havenar opened the public hearing and Ruiz discussed the legal requirements that must be met for eligibility. Ruiz said the petition met the requirements of C.R.S 31-12-104, specifically:

  • There is one-sixth contiguity between the town and the property to be annexed.
  • There was no intent to use the land, which is vacant, for agricultural purposes.
  • It was practical for the town to extend water service to the property on the same basis those services were provided to other citizens.
  • The property was within the three-mile limit.

She went on to address the requirements of C.R.S. 31-12-105, arguing:

  • The land to be annexed is under the ownership of a single person who has signed the annexation petition.
  • The land is not being annexed into two municipalities at the same time.
  • The annexation will not impact school district boundaries.
  • The annexation will not extend municipal boundaries by more than three miles.
  • An appropriate three-mile plan is in place.
  • Owners of adjacent land have been notified.
  • There are no additional requests to annex land along the path of the annexation.
  • The request seeks to annex both sides of County Line Road, even though it is not platted and this requirement does not apply.
  • Access is not denied by the annexation.
  • The owners have signed the annexation request.

Public comments

Havenar then opened the hearing to comments from the public. Many of the speakers raised issues outside the limits of eligibility, such as water availability, light pollution, loss of property value, and a potential increase in crime. Despite the efforts of Havenar and Trustees Kevin Dreher and Dennis Stern to limit remarks to eligibility, many speakers were determined to make their points, resulting in the speaker and the mayor or board member talking over each other. In two instances these exchanges became so heated that Havenar called five-minute recesses to allow tempers to cool. Most of the speakers were opposed to the travel center.

Marty Brodzik questioned the legality of the hearing, since necessary documents had not been prepared 25 days before it was held.

Linda Von Matre said the integrity of the annexation procedure was compromised, because some attendees of the hearing on Dec. 12 had been forced to stand outside the too-small venue in cold weather. She said she believed the outcome was predetermined and faulted Havenar for meeting with Buc-ee’s lobbyist Mark Waller when the rest of the board was not present.

Caitlin Quander, an attorney speaking on behalf of the Malone Family Foundation, which was instrumental in the creation of the Greenland Open Space just north of property, cited concerns with the ability to integrate the site into the town and with open space, wildlife, and dark skies. She said requirements to announce meetings had not been met and the resolution to declare the property eligible for annexation listed the owner of the property incorrectly. The Malone Family Foundation had spent more than $90 million on the open space, she said, and is prepared to do what is necessary to protect it.

Kat Gayle, chief legal counsel of Integrity Matters, argued the hearing needed to abide by open meetings laws and questioned whether a real “community of interest” could exist between the town and the travel center.

Darren Fike asked how the property could be eligible for annexation if the travel center would violate the town’s ordinances regarding light pollution.

Roy Martinez argued the notices to adjacent landowners were premature and therefore invalid.

Christie Beverly said the community of interest requirements, which are more stringent for “flagpole” annexations, were not met because the site could not be urbanized as the law requires due to the protected open space to the north and the residences to the south.

Todd Messenger, a lawyer representing the United Congregational Church, which owns land between the town and the property to be annexed, also questioned whether the community of interest requirements were met.

Trustee Amy Hutson asked Krob to clarify the concept of “community of interest.” Krob said there was confusion in the community on this point and that the term means there is a common interest between property to be annexed and the town, potentially in the areas of traffic or tax revenue, and it does not mean the annexation is in the best interest of the community. That is addressed in the next step of the annexation process, he said.

Krob addressed some of the points raised by the public comments. He explained the conservation easement affects the north side of the property and restricts commercial development within the easement. The applicant doesn’t intend to use that part of the property for commercial purposes, he said. He argued the proposed travel center meets the requirement for urbanization.

Ruiz said she agreed with Krob’s conclusions.

Approval by the board

Following the public hearing, the board voted on a version of Resolution 46-2025, which had been amended to show the correct name of the property owner. Trustees Shana Ball, Tim Caves, Dreher, Hutson, Stern, and Mayor Havenar voted in favor; Trustee Atis Jurka voted nay. With six votes, the resolution passed. The vote was met with boos and shouts from the crowd.

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The next regular board meetings are scheduled for June 12 and 26. 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

Palmer Lake Board of Trustees, April 10 and 24 – Second Buc-ee’s annexation eligibility hearing scheduled

By James Howald and Jackie Burhans

At its first meeting on April 10, the Palmer Lake Board of Trustees (PLBOT) set a date for a hearing to determine if a property owned by Maria Larsen is eligible for annexation by the town. The board had previously determined the property to be eligible, but the first request for annexation was withdrawn and resubmitted in a slightly different form, making a second eligibility hearing necessary. The board considered an ordinance authorizing the transfer of two parcels of land owned by the town and an ordinance authorizing a collection service to be used to collect unpaid fees. The process for determining future uses of the Elephant Rock property was discussed.

At its April 24 meeting, the board heard a presentation about the Pikes Peak Regional Transportation Authority (PPRTA) from Contract Manager Rick Sonnenberg. The board heard administrative reports. A resolution to extend a conditional use permit for Diacut was debated by the board. The board approved the addition of fees for use of the town’s pickleball courts to its Master Fee Schedule and reviewed proposals from trash collection services. The board returned to its discussion of the Elephant Rock property and planned to complete its land use code.

Both meetings included executive sessions.

Buc-ee’s annexation eligibility hearing back on agenda

The board addressed Resolution 35-2025, which initiates annexation proceedings and schedules a special board meeting at 6 p.m. on May 29 at the Palmer Lake Town Hall to determine the eligibility for annexation of a property adjacent to I-25, which has been proposed as the future site of a Buc-ee’s travel center.

Town Attorney Scott Krob told the board that the resolution was only procedural; once a petition for annexation is received, the town clerk must refer it to the board and the board must schedule an annexation eligibility hearing that will be held between 30 and 60 days of the date of the resolution, which is April 10. May 29 was suggested for the eligibility hearing to give owners of adjacent properties at least 45 days to request inclusion in the annexation.

The board packet from April 10 contains three annexation maps that show the land to be annexed, which includes a portion of County Line Road, a portion of Beacon Lite Road and a 24.7-acre parcel adjacent to I-25.

Trustees Shana Ball, Tim Caves, Kevin Dreher, Amy Hutson and Dennis Stern voted in favor of the resolution. Mayor Glant Havenar also voted in favor. Trustee Atis Jurka voted no and stated he felt the annexation was not right for the town.

Krob gave the board an update on the three impact studies commissioned as part of the annexation process. He said that the studies, which address traffic, financial matters, and water availability, were provided as professional services and therefore did not require a competitive bidding process. When completed, the studies would be published on the town’s website, Krob said. Note: The studies have been published and can be found here: bit.ly/bucees-reports.

During the public comment portion of the April 10 meeting, resident Roger Moseley questioned the independence of contractors writing the impact studies. He said the board was not properly managing the contracts with the authors of the studies.

Town property transferred

Ordinance 1-2025 authorizes the transfer of two small parcels of land owned by the town to Lynn Jack via a quitclaim deed. The two parcels are west of Highway 105 and north of Peakview Boulevard. One of the parcels is 0.7 acre; the other is 0.3 acre. Craig Dossey, representing Jack, said the land in question had no use. Krob told the board it was unclear how the town came to own the land and the title was uncertain. He said the sale via quitclaim deed would free the town of liability. The board voted unanimously in favor of the ordinance.

Collection service to be used for unpaid town fees

Town Administrator Dawn Collins told the board that in the past, unpaid municipal court fees were collected by the county government, but that is no longer the case. She asked the board to consider Ordinance 2-2025, which authorizes the town to use a collection service to collect unpaid fees. She recommended Integral Recoveries Inc. in Denver. The collection service would retain 25% of any money collected. The board approved the ordinance unanimously.

New plan for Elephant Rock buildings

Havenar said Cave and Hutson are working on a plan for the Elephant Rock property. The board packet says the property is zoned Planned Development, which requires the development of a sketch plan and other documents. The main lodge and two other structures will be addressed by a request for proposal (RFP) to be developed by Cave and Hutson. The town’s consultants will contribute to the plan, which will come before the board for approval.

PPRTA presentation

Sonnenberg told the board the PPRTA was a collaborative effort with six members: the cities of Colorado Springs and Manitou Springs, El Paso County, and the towns of Green Mountain Falls, Ramah, and Calhan. It was formed under a state statute that allows the voters of two or more entities to establish a Regional Transportation Authority. PPRTA was established in 2004, and voters approved a 1% sales tax to support PPRTA projects. The funds raised are divided among capital projects, maintenance, and transit. The capital projects portion of the PPRTA has been extended by the voters twice: in 2012 and again in 2022 and a total of $2 billion in revenue has been collected. The maintenance and transit portions of the PPRTA do not sunset.

The revenues from PPRTA have funded more than 70 projects in the region, including improvements to County Line Road east of I-25, improvements to Baptist Road east and west of I-25, and the widening of I-25 between Monument and Castle Rock.

Sonnenberg estimated that if Palmer Lake joined the PPRTA, it could raise as much as $400,000. The 1% sales tax is distributed among PPRTA members by population. Palmer Lake projects would need to go on a ballot measure that all participating entities would vote on. Hutson pointed out that Palmer Lake voters would have to approve joining the PPRTA.

Later in the meeting, the board agreed to hold a workshop in July on joining the PPRTA.

Administrative reports

In his administrative report, Krob told the board that the traffic study commissioned for the proposed Buc-ee’s travel center had been completed and was posted on the town’s web page. The fiscal study and the water study would be completed and posted within two days, Krob said. The studies are available here: bit.ly/bucees-reports.

Collins reported that repairs to the town’s water tank were estimated to cost $250,000. She anticipated the 2025 budget would need to be amended. The Public Works Department had purchased a dump trailer for $9,563. An Operator in Responsible Charge for the Water Department had been hired, Collins said, which brought the town up to full staff. Air Force Academy cadets finished a bridge at the Elephant Rock property, and a dedication ceremony was planned for May 7 at 10:30 a.m.

Temporary conditional use permit for Diacut extended again

Bruno Furrer, owner of the property at 773 Highway 105, asked the board to extend a temporary conditional use permit that was put in place to allow Diacut to use the location to store hay for its wholesale business. The conditional use permit was required because the property is zoned C-2 for commercial uses, but outdoor storage requires industrial zoning. Furrer said the Planning Commission was willing to extend the permit on a year-by-year basis indefinitely if Loren Burlage, the owner of Diacut, would extend the screened fencing surrounding his business and meet some other requirements. The permit has been extended twice in the past.

Hutson pointed out that Diacut’s wholesale business did not generate any sales tax revenue to the town. Havenar and Dreher expressed frustration that the permit had already been extended and a permanent solution had not been found.

A vote to extend the permit resulted in a tie vote, so the resolution failed. Krob said without an extension, Diacut would need to cease use of the property for outdoor storage by the end of May.

Following further discussion, the board voted on an amended resolution that extends the permit for one year, with the stipulation that Diacut’s use of the property for outdoor storage would end when the extension expires.

Pickleball fees added to schedule

Collins presented a set of proposed fees to reserve the town’s pickleball courts. She emphasized the fees could change as the staff gains experience with court reservations. The fees were proposed by the Parks and Trails Commission, she said.

According to materials in the board packet, two of the six courts will not be available for reservations and will instead use the “paddle up” system. The remaining courts will have defined times when they can be reserved for use. Courts 1 through 4 will be blocked for play by members of the Palmer Lake Pickleball Club. All courts will be open on Saturdays.

Individual residents will pay an hourly fee of $10 per court; non-residents will pay $20 per hour. Instructors, camps, special groups, tournaments, and corporate events will pay higher rates.

By noon each day, reservations will close for the next 48 hours and staff will post a list of the courts reserved.

John Tool, representing the Parks and Trails Commission, pointed out that most towns have staff to monitor their courts but Palmer Lake does not. The commission’s goal was to generate revenue for maintenance and ensure equitable access, Tool said.

The board voted unanimously in favor of Resolution 38-2025, which establishes the fees and schedule for reservations.

Trash collection discussion

In response to questions board members asked at the April 10 meetings, Collins asked Apex Infinite Disposal, Republic Services, and Waste Connections about the percentage of business each has in Palmer Lake and if their prices would change if less than 100% of the residents decide to use their service. She collected their responses in a table published in the April 24 board packet.

The board considered the information collected but did not select a trash collection service.

Elephant Rock RFP takes shape, includes sale of land

Hutson said she and Cave were considering an RFP addressing potential uses for the main lodge and two other buildings at the Elephant Rock property that would provide a three- or four-month period for businesses to present the ways in which they could use those structures. For the first time the possibility of selling the three acres on which the buildings sit will be considered, Hutson said. Inability to purchase the land has made it difficult to find financing for previous proposals. Residential uses or additional buildings would not be considered, she said.

Krob recommended getting an appraisal.

Collins said an RFP would be drafted for consideration at a future board meeting.

Completion of land use code seen as critical

Collins told the board that the town’s land use code was still in disrepair despite previous work to redraft it. In 2023, the town got a $25,000 matching grant from the state Department of Local Affairs to rewrite its land use code. Just under half the code has been rewritten but those funds have all been spent, Collins said.

She asked the board to approve an additional $30,000 to complete the rewrite. The consultant would agree to complete the rewrite for that amount, she said. She added the town will not be reimbursed for money already spent until the project is complete, and the 2025 budget would need to be amended to make the necessary funds available.

Collins said the deadline for completion would be extended for a year, but the town is in a difficult position without a complete land use code.

Krob said extensive discussions with the Planning Commission had added to the cost of the rewrite.

Resident Roger Moseley criticized the board for allowing the project to drag on for 22 months and said the public did not have enough input into the work.

The board did not vote but approved Collin’s plan to complete the project.

Executive sessions

Both board meetings included executive sessions during which the board received legal advice concerning amendments to the property lease agreement for the Eco Spa at the Elephant Rock property and the possible annexation agreement for the proposed Buc-ee’s travel center.

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The next regular board meetings are scheduled for May 8 and 22. 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

Palmer Lake Board of Trustees, Feb. 27, March 13 and 27 – Buc-ee’s rescinds annexation request; three board members face potential recall

Topics

By James Howald and Jackie Burhans

This article covers the second board meeting for February, which was held after the February issue of OCN went to press, and the two board meetings held in March.

Issues raised by the proposed Buc-ee’s travel center were a central focus of the Palmer Lake Board of Trustees (PLBOT) in February and March.

In response to the contentious discussion of the Buc-ee’s travel center in social media, the board looked at revising its policies governing use of social media by board members.

The PLBOT also held workshops on the future direction of the Palmer Lake Police Department, the use of the Elephant Rock property, and the possible transition to a single-hauler trash service for the town. The discussions at the workshop led to actions and further discussions at the board meetings.

Buc-ee’s annexation discussion rages on

A lawsuit against the town brought by a Colorado Springs watchdog group named Integrity Matters and Buc-ee’s annexation petition were discussed by the board at the executive session following its board meeting on Feb. 27. Executive sessions are used to discuss negotiating positions and legal advice that are not made public, so details of these discussions are not known.

At the March 13 board meeting, Scott Krob, the town’s attorney, announced that the annexation request for the Buc-ee’s travel center had been withdrawn. He said the resolution passed by the board that declared the land eligible for annexation was null. Krob did not provide details about why the annexation request was withdrawn. There have been reports in other news outlets that the annexation petition will be resubmitted.

At the same board meeting, Mayor Glant Havenar asked the board to approve Resolution 25-2025, authorizing a contract with GovPro Consulting LLC, owned by Judy Egbert, to provide the town with election assistance. The memo from GovPro Consulting included in the board packet specifies that Egbert will advise the town regarding the potential recall elections of Trustees Shana Ball, Kevin Dreher, and Dennis Stern.

The scope of services includes reviewing all documents submitted by citizens, establishing a calendar for the recalls, providing a ballot security plan, overseeing the printing of ballots and envelopes, and training election judges. GovPro Consulting will charge $80 an hour. If any of the three recall elections take place, the town will pay a lump sum of $8,000 per election; if the recall elections do not take place, the hourly rate will be charged for the work done.

Town Administrator Dawn Collins estimated the cost to the town would be $20,000 per election, including consulting costs.

Havenar said the recalls were “an abhorrent waste of taxpayers’ money.”

Ball, Dreher, and Stern are the targets of recall petitions because some believe that procedural mistakes were made in the annexation eligibility hearing and those trustees might favor proceeding with the Buc-ee’s travel center.

The Integrity Matters litigation was discussed in the executive session that preceded the March 27 board meeting.

At that meeting, Krob said the traffic study commissioned as part of the Buc-ee’s annexation request had been posted. The fiscal impact study and the water study were in draft form and would be available in about a week, Krob said.

At the same meeting, in her administrative report, Collins said the petitions to recall Ball, Dreher, and Stern had been approved as to their legal form. The petitioners will have 60 days from the date of approval to collect at least 275 names of registered voters that live in Palmer Lake. If the names are verified, a recall election date will be set. Collins said the recall election would need to be scheduled within 90 days following the verification of the signatures; she asked to have the entire 90 days to plan and organize the election.

Later in the March 27 meeting, the board voted unanimously in favor of Resolution 28-2025, which rescinds an earlier resolution that declared the property proposed for the travel center eligible for annexation.

In the public comments portion of March 27 meeting, resident Roger Moseley made three criticisms of the board’s handling of the annexation request: the board had been too secretive, the normal contracting process was bypassed for the three studies done to determine the potential impacts of the travel center, and studies had not been released to the public in what he considered a timely manner.

Social media policy debated

At the March 13 meeting, in a broader discussion of trustee expectations, Havenar asked if the board felt a need to add something to its policies governing the use of social media. Krob pointed out that if the use of social media was paid for by the town, then it constituted a public forum and could not be restricted, but personal pages or accounts did not represent the board. Krob recommended that the board have a policy it could stick to in the heat of controversy.

Havenar said all the board members had “taken a beating on social media,” and had been subjected to “lies and filth.” She said she had the right to protect herself and did not want to see a strong policy. The board directed Krob to draft a policy for review at its next meeting.

At the March 27 meeting, the board discussed the policy that Krob had written, which distinguishes between content created on behalf of the town and content created by town employees and officials for personal purposes. The policy states: “Employees must recognize that most uses of personal social media are still part of the public domain regardless of privacy settings and are easily replicated and published.”

The policy goes on to state that employees must not use their town email account, logins or passwords with a personal social media profile, and, when posting personal content, must make clear that they are speaking as private citizens not as representatives of the town. The policy specifies: “Personal activity is the personal responsibility of the employee or official, including the consequences that flow from such activity.”

Trustee Atis Jurka said that when Havenar sends a message to the community speaking as “we the board,” the board should have input to that message.

Dreher emphasized his first amendment right to say whatever he wanted. He took exception to the notion he could not respond to derogatory remarks. Havenar agreed and mentioned she had been mentioned on social media by a board member’s wife.

Trustee Shana Ball said board members have a right to defend themselves during campaigns.

The board took no action on Krob’s updated policy.

Police Department workshop

At a workshop on Feb. 27, Police Chief Glen Smith told the board that, in preparation for his new job in Palmer Lake, he had read a study of the town’s Police Department prepared by retired Police Chief Paul Schultz.

Smith said his first goal is to address standards, policies, and procedures and work toward state accreditation. Accreditation “is the roadmap to bring the entire standard of the Police Department higher,” he said, adding that he was reviewing and budgeting for software tools that assist in gaining accreditation. Next, Smith said, he would assess training on crisis intervention, officer safety, and de-escalation, among other topics. Smith said he wanted to raise the visibility of the department in El Paso County by getting his officers involved in things outside the town. An audit of evidence was underway, Smith said, with an eye to discarding old, unneeded evidence. He said he was also working on a schedule for replacing vehicles. Finally, Smith said he was working on recruitment and retention.

Smith said there were two full-time openings for police officers and a part-time opening for someone to handle administration and evidence.

Following Smith’s presentation at the workshop, the board voted to authorize Havenar to sign a professional service agreement with Architetto Design Studio and Architivity Ltd. to complete a feasibility study to determine the best location for a public safety building used by the police and fire departments. Collins said the state Department of Local Affairs had given the town a $12,500 matching grant for the study.

At the March13 board meeting, the board set a maximum amount of $38,000 for a new vehicle to be used by Smith. Collins said that, although this was not budgeted, there was money in the General Fund that could be used for this purpose. The vehicle will not have the computer and other equipment that patrol vehicles have installed.

At the March 27 board meeting, the board passed Resolution 32-2025, which authorizes the mayor to sign an order for a 2025 Chevy Colorado costing $34,763 for Smith’s use.

Elephant Rock workshop

On March 6, at a workshop on future uses of the Elephant Rock property, John Tool of the Parks and Trails Commission described for the board how the property could be used as a “passive park.” Tool’s presentation was a recap of remarks that Parks and Trails Commission Chair Reid Wiecks gave the board at its February meeting. Wiecks’ vision of a park with five zones can be found in the February issue of OCN here: https://wp.ocn.me/v25n2plbot/.

Havenar asked how much of an increase in traffic on Highway 105 would trigger a requirement by the Colorado Department of Transportation (CDOT) that the town improve the highway. She saw lack of clarity on this issue as an impasse preventing a decision about the future of the property. She also suggested using a portion of the property as a community center.

Trustee Amy Hutson suggested hiring a professional site planner. Trustee Tim Caves suggested selling a portion of the property to Richard and Lindsey Willan for use as a soccer field, selling the remaining buildings on an acre of land to the highest bidder, and reserving a portion for use as a building housing the police and fire departments. Jurka suggested using one of the existing buildings on the property as housing for police officers and firefighters.

Collins pointed out that if the town redeveloped the property, it would need to comply with all current regulations including traffic, drainage, and stormwater management. She also cautioned the board against taking a piecemeal approach to decisions about the property.

At its March 13 meeting, the board returned to the topic of direction for the Elephant Rock property. Havenar asked the board for thoughts on how to handle the remaining buildings and what the Parks and Trails Commission should focus on over the summer.

Collins said she had discussed with CDOT what improvements to Highway 105 the town would have to make to accommodate traffic to the site. CDOT’s first requirement was a traffic study paid for by the town, Collins said. CDOT would require improvements such as turn lanes and deceleration lanes as the amount of traffic to the site increased. In response to a question from Havenar regarding who would own the improved road, Collins said the town would be required to fund the design and any road improvements but the construction would be done by others. Highway 105 would remain a state highway, not owned by the town.

The board members agreed that the Parks and Trails commission should continue with small projects such as signs and benches at the property.

Cave emphasized that a Planned Development document for the property, which addresses issues such as zoning changes and defines uses of the whole property, needs to be prepared. Cave and Hutson volunteered to create the plan.

Single trash hauler workshop

On March13, following up on a suggestion from Stern, the board held a workshop to discuss the selection of a single trash hauler that would serve the entire town. Stern thought a single hauler might mean savings for all residents and fewer trucks on the town’s roads.

Three trash hauling companies—Apex Waste Solutions (doing business as Infinite Disposal), Republic Services, and Waste Connections—made presentations to the board. Their presentations can be found on the town’s website here: https://www.townofpalmerlake.com/bc-bot/meeting/board-trustees-workshop-26.

Later at the March 13 meeting, the board returned to the topic of a single trash hauler. Dreher said he liked the idea but was cautious about imposing a single company on residents. Stern pointed out residents could choose to haul their own trash. Collins agreed with this but added that the companies had assumed all households would participate when they set their prices. Krob said residents could not be required to use the hauler chosen by the board.

The board asked Collins to post information about the vendors on the town’s webpage and put together a one-page summary of each vendor. The trustees agreed to put the topic on the agenda for the first board meeting in April.

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The next regular board meetings are scheduled for April 10 and 24. 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

Palmer Lake Board of Trustees, Feb. 11 and 13 – Board holds workshop on water issues

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held a workshop to discuss the town’s water infrastructure on Feb. 11 and a regular board meeting on Feb. 13. A second board meeting is scheduled for Feb. 27, after this issue of OCN goes to press. That board meeting will be reported in the April issue.

At the Feb. 13 meeting, the board heard a presentation from Kim Briding, principal of Palmer Lake Elementary School (PLES) and staff reports from Police Chief Glen Smith, Fire Chief John Vincent, Town Administrator Dawn Collins and Town Attorney Scott Krob. Two seats on the Planning Commission were filled. The board considered an application for a special event permit to hold a Festival on the Fourth celebration. The board revised the map included in its three-mile plan. The plan is a requirement of the annexation of land for a Buc-ee’s travel center that is under consideration by the board.

The Feb. 13 meeting was preceded and followed by an executive session.

Workshop examines water rights and production

Mark Morton, an engineer with GMS Inc., the consulting engineers that the town has worked with on water issues for several years, presented to the board the recent background of the town’s water system and recommendations for its development.

Morton said that in 2017 Tetra Tech, an engineering company with offices in Denver, studied the town’s water infrastructure and found that the system was “maxed out,” and there were few taps available for future development.

In 2020, the town declared a moratorium on the sale of new water taps and hired GMS to study the town’s water availability. This study concluded that Tetra Tech had underestimated water supply, leading to a loosening of the moratorium on sales of water taps.

Morton said the preliminary engineering report (PER) written by GMS considered the entire water system, including the town’s water rights and the town’s ability to produce water. He made a distinction between water rights, which the town owns in abundance, and the upper limit on how much water the town’s wells and treatment plants can produce. Production is the key thing to consider, Morton said.

The PER concluded the town’s water system could meet existing needs, but its capacity is limited.

Morton explained that the town uses groundwater from wells and surface water from its reservoirs. Ground and surface water have separate treatment requirements. The town’s surface water is diminishing. The town has plentiful rights to groundwater, but production is limited by the town’s infrastructure.

The PER made four recommendations:

  • Drill an additional well to provide redundancy.
  • Increase the production capacity of the town’s groundwater treatment facility by adding a third filter.
  • Replace older pipelines that are made of cast iron with lead soldering.
  • Reconfigure the pipelines in the southern end of the service area to create loops in place of dead ends. Dead ends need to be flushed, which is a wasteful use of treated water.

Morton said extending service to lots in the southern part of the service area that use private wells was considered but discarded as too expensive.

Director Dennis Stern summed up the town’s situation as long on water rights but short on production. Morton said the town also needed to add redundancy to its system.

In 2023, Morton said, the board had reordered the priorities of the PER recommendations. The discussion continued through 2024, and an analysis of the surface water treatment facility showed that the filters had twice the capacity assumed by previous plans, so treatment moved down in priority. Morton emphasized the need for an additional well and for older pipes to be replaced. He said replacing the older lines could be done by Water Supervisor Steve Orcutt’s team rather than being handled by a contractor, thereby lowering the cost of the overall project. He said the reconfiguration of pipelines to remove dead ends needed further discussion by the board. Morton added that the work would likely need to be funded through a loan, not through grants.

Orcutt questioned the plan to remove dead ends, arguing the pressure reducing valves would be needed to implement a loop configuration, but those valves would be de facto dead ends. Mayor Glant Havenar said she had not heard Orcutt’s concerns in any of the previous discussions.

The workshop ended with questions from residents. Collins asked that any additional questions be sent to her to be answered at later meetings.

PLES to add preschool program

Briding told the board that PLES would add a half-day preschool program, which she said would help the school build a relationship with families with young children that might encourage them to remain at the school for later grades. Preschool students will have their own shaded playground, Briding said.

Briding also commended two outstanding PLES teachers: Michelle Miller, who is retiring after 14 years at PLES, and Brett Mischlich, who recently won a gold medal in Tae Kwon Do at an event in Houston. She also thanked the Palmer Lake Police and departments for helping out at the PLES carlines.

Staff reports

Smith said he had received three applications for the open position in the Police Department.

Vincent talked about his weeklong deployment to the San Bernardino mountains in California, where he and other Palmer Lake firefighters fought the recent catastrophic fires. He said he had filled two positions on his team in February.

Collins said the town was still trying to hire an additional police office and a water operator. She introduced Erica Romero, the new deputy town clerk. She said town staff had been training on code compliance issues, and code violations could be reported on the town’s web page. Collins said she was scheduling meetings between department supervisors and board members.

Krob said a group called Integrity Matters had sued the town over the proposed annexation of land for a Buc-ee’s travel center. Buc-ee’s had agreed to pay all legal costs for the lawsuit, Krob said.

Seats on Planning Commission filled

The board voted unanimously in favor of Resolution 14-2025, which appoints Matt Stephen and Herb Tomitsch to the Planning Commission. Stephen will serve a term ending in 2027 and Tomitsch a term ending in 2026. Collins said Mark Bruce had resigned from the Planning Commission, so his seat and an additional seat are open. There are three applicants for the two available seats, Collins said.

Fireworks may return on the Fourth of July

Alisha Sears, representing Awake the Lake (ATL), asked the board to consider granting a special event permit for a Festival on the Fourth celebration that would include fireworks. Sears said she was the chair of the group planning the event, which will include a beer garden, live entertainment, and vendors. Romero said she was working with Sears and ATL on planning the event, which would be required to meet the town’s benchmarks for security. The large number of attendees have led to safety concerns in previous years.

The Fourth of July celebration was canceled last year because of a shortage of volunteers and a committee chairman.

Smith said he had overseen similar events in Florida. Collins said she wanted the board to stay involved in the planning for the event.

The board voted to approve the special event permit.

Three-mile plan map updated

Krob explained that the Colorado annexation statute requires towns to have a three-mile plan that includes a map. Resolution 15-2025 proposes the adoption of an updated map that removes private property in Douglas County owned by a Douglas County resident from the map accompanying the three-mile plan. Krob said adopting the revised map would not annex any property; the map is simply a planning tool.

Resident Marty Brodzik claimed no one on the Planning Commission read the update and argued there should have been a “redline” version of the plan documenting every change. She asked for a policy requiring the town to produce a redline version of every document that changes. Collins said that nothing changed in the three-mile plan document, so there was nothing to redline.

Resident Roger Moseley repeated the claim nobody had read the plan and said it should have been available at the annexation eligibility meeting.

The board voted unanimously in favor of the resolution.

Executive session

An executive session, which began before the regular board meeting and concluded following the meeting, was held to consider negotiating positions regarding the town’s lease of property to the Willans for their EcoSpa project at the Elephant Rock property and regarding the Integrity Matters lawsuit against the town.

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The next regular board meetings are scheduled for March 13 and 27. 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

Palmer Lake Board of Trustees, Jan. 9 and 23 – Lakeview Heights development raises safety concerns

By James Howald and Jackie Burhans

At its first meeting in January, the Palmer Lake Board of Trustees held a public hearing on an application for a master plan re-subdivision of Lakeview Heights, a proposed development that would consist of 100 lots just east of the New Santa Fe Regional Trail and southeast of Star View Circle. The hearing was followed by a vote to continue the matter and allow Eric Sepp, the developer, to address issues raised during the hearing.

At the second meeting, Reid Wiecks, chair of the Parks and Trails Commission, presented the vision he and the commission have developed for the future of the Elephant Rock property. Glen Smith, the new police chief, and Judge John Ciccolella were sworn in.

In her administrative report, Town Administrator Dawn Collins reported on her efforts to fill open positions on the town staff.

Both meetings included executive sessions.

Fire safety the focus of subdivision hearing

Mayor Glant Havenar opened the hearing on the Lakeview Heights development with a plea for respectful dialogue.

Town Administrator Dawn Collins reviewed the complicated history of the subdivision request, which was originally submitted in 2023. The plan before the board was a re-subdivision of a previously approved, platted subdivision that was never completed by the developer, Collins said. She pointed out the building code had changed significantly since the original approval and the proposed lot size had changed from 5,000 square feet to 10,000 square feet. She said the developer does not own all the lots in the subdivision, and the plans previously submitted had two access points whereas the current plan had only one.

Trustee Amy Hutson owns an adjacent property and recused herself from voting on the proposed development. Town Attorney Scott Krob said Hutson could comment on the proposal as a private citizen.

Andrea Barlow, of N.E.S. Inc., a planning and landscaping architecture company, presented the project to the board on behalf of Sepp. She addressed issues that had been raised by the Planning Commission, including a requirement that existing homes within the development’s boundaries install sprinklers. She said Sepp would resubmit a traffic study. Barlow said a second access point to the development was not possible since Ben Lomand Mountain was to the north, the railroad tracks were to the south and a privately owned nature conservancy was to the east. She said the property was not covered with trees and was a moderate wildfire risk.

Barlow argued that, although the fire code requires two access points for emergency vehicles when there are more than 30 dwellings on a single access road, there were exceptions that applied in the case of Lakeview Heights. Because the planned roads are looped, the single access road constraint does not apply, she said. If necessary, residents could evacuate via Lake Avenue while emergency vehicles could get to the property by using the New Santa Fe Regional Trail. Barlow said El Paso County Parks and Recreation had verified that the trail could be used by emergency vehicles.

Barlow ended her presentation by arguing that the Master Plan for the Lakeview Heights development meets the Palmer Lake town code, the proposed lot configuration meets the R-10,000 zoning requirements, the proposal complies with state, county and town regulations, and it is consistent with the Palmer Lake Community Master Plan.

Following Barlow’s presentation, Trustee Shana Ball asked if any tests had been done to determine if the town’s fire engine could navigate the trail. Fire Chief John Vincent said there had been no test but the Fire Department’s vehicles had used the trail. Trustee Tim Caves asked if Barlow had discussed with the railroad whether emergency vehicles could cross their tracks. Barlow said she believed, based on previous discussions with the railroad, that it would not allow access via its tracks.

Havenar and Krob discussed the language in the fire code that requires, if more than 30 homes on a single access road are present, all homes must have sprinkler systems installed. Havenar pointed out that 50 homes within the boundaries of the development have already been built without sprinklers. Krob said the town could not require those homes to be retrofitted with sprinklers and therefore the requirement for all homes to have sprinklers could not be met.

Mark Morton, of GMS Inc., the town’s consulting engineers, argued that the roads platted for the development were looped, and so did not meet the legal definition of a dead-end street. The limitations imposed by a single point of access did not apply, he said.

Trustee Atis Jurka asked Barlow if the developer would dedicate 20% of the land for use as trails. Barlow said that obligation would be met with a financial donation in lieu of land.

After the discussion by the trustees, residents made comments. None was in favor of the proposed development.

  • Roger Moseley said Lake Avenue was in fact a dead end. He argued that sprinkler systems would be ineffective in the case of a wind-driven fire.
  • Martha Brodzik discussed the Planning Commission’s assessment of the project.
  • Mike Beeson questioned the validity of the memo Vincent had written concerning the project, which he felt downplayed the fire danger.
  • Jennifer Rausch also claimed Vincent had changed his positions about the fire danger and asked for an independent analysis and an evacuation plan. She argued a second access point was needed.
  • Pete Tomitsch said a fire involving 150 homes with a single point of access could not be fought; it would only be possible to evacuate residents. He argued the developer should pay for a second access point, whatever the cost.
  • Jeff Hatcher questioned the availability of an adequate water supply, especially if the Buc-ee’s travel center moves forward.
  • Kurt Stevens felt the development had not been properly analyzed and the developer should go back to the Planning Commission.
  • Kip Murray threatened to sue the developer because the evacuation plan was a threat to his family.
  • Angela Dawson felt the development would increase the traffic on Oakdale Drive and asked the developer to put in curbs and gutters.
  • Reid Wiecks said the development did not meet the requirements of the Community Wildfire Plan, which has been in place for 16 years. He argued the development should have at least four access points.
  • Amy Hutson said the subdivision would prevent her from accessing her property.
  • Bill Dandino said he had difficulty finding homeowner’s insurance for his property on Oakdale Drive and a development with one access point would spook insurance companies.
  • Phil Tedeschi, another Oakdale Drive resident, recalled fires that had been started by sparks from a train and by cars. He pointed out that the train would block emergency services.
  • Marilyn Stuhr said she owned two lots in the area and she wanted assurance that Sepp would not take over her property.
  • Patti Brooks asked the board to require a second access point. She questioned whether the Planning Commission had approved the development.
  • Trina Shook commented on the relationship between the development and the town’s Sanitation District.

Barlow responded to the comments from residents. She said Sepp was trying to find a second point of access in addition to the Santa Fe Trail and reiterated that Sepp had the permission of El Paso County Parks and Recreation to use the trail, which is built to a robust standard, in an emergency. Lakeview Heights will be a FireWise community, she said, with little vegetation, to minimize the risk of fire. The project must go through the subdivision plat process, a more detailed process where it will have to prove it has the necessary water and sewer taps. She asked the board to approve the current request so the project can go on to the next more detailed stage. She pointed out a previous version of the plan had 280 lots; that number was reduced to 100 in the current version. The roads are already platted. Curbs and gutters would be provided on Oakdale Drive, she said.

Havenar closed the hearing and the board took up Resolution 8-2025, which would approve the Lakeview Heights masterplan, with a number of conditions concerning ownership of lots, rights of way, consent of the owners of lots not included in the application, dedication of land for trails or payment in lieu of land, stormwater drainage and other issues. Following discussion by the trustees, Havenar made a motion requiring Sepp to return to a future meeting with a more detailed evacuation plan, a memo of understanding with El Paso County and answers to issues about the ownership of lots and about the requirement for all homes to have sprinkler systems. The motion passed, with Trustees Ball, Caves, Hutson Jurka and Dennis Stern voting yes, along with Havenar. Trustee Kevin Dreher voted no.

Above: At the Jan. 9 Palmer Lake Board of Trustees meeting, the board held a public hearing on the proposed re-subdivision and Lakeview Heights development east of the New Santa Fe Trail and southeast of Star Circle Drive. Map courtesy of the Town of Palmer Lake.

Elephant Rock property to be “passive park”

Wiecks presented an Open Space Master Plan for the Elephant Rock property. Wiecks said he and the other members of the Parks and Trails Commission had defined five use and maintenance zones and had applied them to the 26-acre property:

  • Zone 0 will be closed to the public and will serve as a wildlife refuge. Two thin strips west of Monument Creek are designated Zone 0.
  • Zone 1 will allow public use limited to designated trails and benches. A large portion of the property just west of Highway 105 falls into this usage zone, as well as the northwestern and southern corners of the property.
  • Zone 2 will allow moderate public use for off-trail access. The portion of the property immediately to the west of the lodge is designated Zone 2.
  • Zone 3 will be a passive recreation area, moderately to actively used by the public, with picnic areas, a pavilion, benches and trails. An area east of Monument Creek is categorized as Zone 3.
  • Zone 4, an area on the south side of the property, is reserved for a sports field

The portions of the property reserved for a future Public Safety building and the Eco Spa to be developed by the Willens were not included in the plan developed by the Parks and Trail Commission, Wiecks said.

Parking at the property will consist of four small “satellite” parking lots scattered around the middle of the property and one large lot dedicated to the Public Safety building, which is planned to be just west of the main entrance to the property from Highway 105.

Wiecks said he wanted the Elephant Rock property to be a “passive park and open space environment with no large-scale events and no new building construction.” He said the Parks and Trail Commission wanted to see the property designated as a park so that its maintenance could be funded by the Conservation Trust Fund money the town receives annually from the state lottery.

Collins asked the board to give Wiecks direction about how to proceed with his vison for the Elephant Rock property. Ball asked Wiecks to make sure signs were put in place asking visitors not to feed the livestock on adjacent properties. Havenar said she agreed that the land should be designated as a park to prevent future development.

Collins warned the board about taking a piecemeal approach to transitioning the land to park status. She reminded the board that the property was not yet open to the public.

Havenar suggested a workshop to continue the discussion.

Above: Reid Wiecks, chairman of the Palmer Lake Parks and Trails Commission, presented a proposal to the Board of Trustees at its Jan. 23 meeting to divide a large portion of the Elephant Rock property into use zones. He proposed that those zones be declared a passive park so that Conservation Trust Funds from the state lottery could be used for its management. Map courtesy of the Town of Palmer Lake.

Police chief and judge sworn in

At the Jan. 23 meeting, Collins administered the oath of office to newly hired Police Chief Glen Smith and Judge John Ciccolella. Ciccolella has served as Palmer Lake municipal judge for 30 years.

Collins said a feasibility study of the proposed Public Safety building at the Elephant Rock property had been funded by a grant from the Colorado Department of Local Affairs.

Havenar acknowledged Ms. Olivia Hayes for having been chosen Miss Palmer Lake. Hayes will compete in the Miss Colorado pageant later this year.

Above: Town Administrator Dawn Collins administers the oath of office to newly hired Police Chief Glen Smith. From left are Collins and Smith. Photo by James Howald.
Above: At the Jan. 23 Palmer Lake Board of Trustees meeting, municipal Judge John Cicolella presented on the state of the Municipal Court, which is the lowest court level. He explained his practices and procedures and discussed some of his cases and other municipalities he has served. He noted that it was a requirement that he be sworn in. Town Administrator Dawn Collins administered the oath of office. From left are Collins and Cicolella. Photo by Jackie Burhans.
Above: Mayor Glant Havenar congratulates Miss Palmer Lake Olivia Hayes, who will be competing for Miss Colorado. From left are Havenar and Hayes. Photo by James Howald.

Staff positions filled

Collins told the board Kathy Neal had been hired as an accounting clerk and Erica Romero as a deputy town clerk. A water operator position is open and is being advertised, she said.

Executive sessions

The Jan. 9 meeting included an executive session to determine negotiating positions regarding the lease for the EcoSpa at the Elephant Rock property and to receive legal advice regarding a complaint against the town filed with the Colorado Attorney General and concerns that have been raised about the board’s eligibility for annexation decisions.

The Jan. 23 meeting included an executive session to confer with the town attorney about the EcoSpa lease, the board’s eligibility for annexation decisions and a lawsuit against the town filed by Integrity Matters.

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The next regular board meeting is scheduled for Feb. 13. 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

Palmer Lake Board of Trustees, Dec. 12 – Buc-ee’s annexation petition meets requirements

Correction

The Palmer Lake Board of Trustees article in the November issue of OCN incorrectly said the proposed Buc-ee’s travel center would be east of I-25. It is proposed to be west of I-25 and south of County Line Road (see Buc-ee’s location map below – courtesy Buc-ee’s). OCN regrets the error.

By James Howald and Jackie Burhans

In December, the Palmer Lake Board of Trustees held public hearing to determine if a property owned by Maria Larsen and proposed as a site for a large Buc-ee’s travel center is eligible for annexation. Determining eligibility is the first of multiple steps in the annexation process.

Three new board members were sworn in. The 2025 budget, discussed in previous meetings, was adopted. Town Administrator Dawn Collins announced the hiring of a new chief of police.

Eligibility hearing is lengthy and contentious

Trustee Jessica Farr was excused from the meeting, having given birth earlier in the day. Mayor Glant Havenar, who was on vacation, was also excused. Mayor Pro Tem Dennis Stern facilitated the meeting. He said a representative of the applicant for annexation would speak first, then the board members would ask questions. Following the board members, public comments would begin, with Palmer Lake residents and business owners first in line, followed by non-residents. Stern said the Town Hall was full and many were outside listening to the meeting on speakers. He said he would notify speakers in groups of three as it became their turn to speak.

Stern asked speakers to confine their comments to the question of eligibility. He said other concerns would be debated later in the annexation process. He said speakers who addressed issues other than eligibility would be asked to sit down. Stern asked Nina Ruiz, senior executive consultant at Vertex Consulting Services, to speak on behalf of Larsen, the applicant.

Ruiz began by displaying a map of Palmer Lake’s three-mile plan to show that the proposed annexation meets the legal requirement that the property to be annexed be within three miles of the municipal boundary. She said she would only speak to the statutes that cover eligibility for annexation: C.R.S. Sections 31-12-104 and 105. The first statute requires that one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. The second statute has 10 provisions that must be met for the eligibility requirement to be met.

Ruiz showed a series of surveyor’s maps for each of the six annexations that make up the “flagpole” annexation request, which she argued demonstrate that the requirement for contiguity is met.

She addressed the requirements of the second statute one by one:

  • The lands to be annexed are either dedicated rights-of-way or under one ownership.
  • The owner has signed all petitions.
  • There are no other annexation petitions in play.
  • The annexation will not impact school boundaries.
  • The annexation does not extend the municipal boundary more than three miles in any direction.
  • There are no other related annexation requests.
  • Abutting landowners have been notified.
  • Palmer Divide Road (also known as County Line Road) and Beacon Lite Road are not platted streets, so the requirement to annex the entire width of a road does not apply.
  • The annexation will not result in access being denied.
  • No annexation election is required.

Ruiz’s presentation can be found on the town’s website here: www.townofpalmerlake.com/media/16681.

The board had no questions for Ruiz, and Stern began calling residents to the podium to comment.

Note: Some comments not related to eligibility and some arguments made by more than one resident have not been included in this summary.

Roger Moseley argued that the petition should be denied because the entire width of Palmer Divide Road was not annexed. He cited a memo written by Scott Krob, the town’s attorney, to support this position. Moseley said the town’s three-mile plan was out of date and did not meet the requirement for such a plan to be in place. He said he believed two of the annexation petitions included small portions of Douglas County, which had not been formally notified of the annexation.

Martha Brodzik argued that the disconnection of the United Congregational Church’s property from the town meant that the first annexation petition failed the contiguity requirement. She also said Town Administrator Dawn Collins had not properly notified El Paso County and Douglas County of the proposed annexation.

John Sweeney said the town would not be able to provide fire and police service to the property. He said he believed the perimeter of the land to be annexed was 3.6 miles and that would extend the town’s boundary beyond the three-mile limit.

Paul Olivier said he had served on the town’s Board of Trustees and on its Planning Commission and served as mayor for two years. He recalled the town had considered annexing the property in the late 1980s but the annexation did not proceed because of concerns about dividing Palmer Divide Road between Douglas and El Paso Counties and because of anti-growth sentiment.

Jeremy Ferrante said more than the two statutes cited needed to be considered and asked that the board hear everyone who wanted to comment. He argued passing trains could prevent Palmer Lake Police and Fire Departments from responding to emergencies at the property to be annexed.

Developer Matt Dunston spoke in support of the annexation. He said Palmer Divide Road is not a platted right of way, so the requirement to annex the entire width did not apply.

Builder Kurt Ehrhardt said the property would be developed “in a very dense use” whether by Buc-ee’s or by someone else.

Alexandria Olivier said Buc-ee’s signs did not comply with the town’s sign code.

Matt Beverly said the town had not provided an annexation impact report.

Roy Martinez said the project documents prepared by Vertex Consulting misrepresented the water infrastructure that the project would require.

Kim Reer said the town had to consider whether property owners near the property to be annexed would use services provided by the town.

Hank Cotton said an out-of-date three-mile plan that does not include the United Congregational Church disconnect invalidated the annexation petition.

Robin Reich said the annexation would impinge on Palmer Lake’s small-town feel and would open the board to lawsuits.

Bill Normile said the town would not be able to respond to mass casualty events quickly if a train were blocking Palmer Divide Road.

Dustin Bender said we are living in biblical times and objected to the role money is playing in the decision to annex.

Ian Griffith argued the annexation petition was not valid because it was signed by Maria Larsen and not by a limited liability corporation. He denied the legitimacy of flagpole annexations.

Kristy Beverly said the presence of prescriptive easements on Palmer Divide Road and elsewhere in the land to be annexed prevented the contiguity requirement from being met by the first four annexation petitions.

Beth Harris said the annexation contradicted the town’s master plan.

In her responses to residents, Ruiz said she would limit herself to issues directly related to statutes. She said all of Palmer Divide Road did not need to be included in the annexation because it was not a platted right of way. She said Vertex Consulting would like to work with Douglas County to annex the entire width of Palmer Divide Road. She explained that the annexations contiguity was through a right of way that was not affected by the disconnection of the United Congregational Church property from the town. Ruiz said the town had in fact submitted the required annexation impact report.

Krob gave his opinion on points made by residents. He said that although there were more statutes that applied to the entire annexation process, only the two cited by Ruiz applied to the annexation eligibility question. The memo he wrote arguing the entire width of Palmer Divide road had to be included in the annexation was wrong, he said, for the reason given by Ruiz. He cited a court case, Town of Erie v. Town of Frederick, which ruled that a comprehensive plan could meet the requirement for a three-mile plan. He pointed out that the three-mile plan had to be updated before the final decision on annexation, not when eligibility was being decided.

After Krob’s remarks, Stern closed the hearing.

Following the hearing, the board considered Resolution 60-2024, which decides the eligibility of the annexation.

Trustee Shana Ball asked the board to set aside emotions and look at the facts. Trustee Nick Ehrhardt asked the board if its questions had been answered; Trustees Kevin Dreher and Stern said they had been. Regarding the issue of contiguity, Krob said the disconnection of the church property did not include the roadway, and the roadway could be used to establish contiguity. Ruiz confirmed that was her understanding. Ball said she wanted to continue with the annexation process to get a full understanding of all the pertinent information from the studies that have been authorized; doing less than that would create a liability for the town, she said.

After the discussion, the board voted on the resolution. Ball, Dreher, Erhardt, and Stern voted in favor of the resolution; Trustee Samantha Padgett voted no.

Above: At its regular Board of Trustees meeting on Dec. 12, the Town of Palmer Lake held a hearing on the annexation eligibility of the property on the southwest corner of I-25 and County Line which is slated for a Buc-ee’s travel center. To manage the crowd size inside the Town Hall, the board limited seating and had people outside listen on external speakers and sign in to speak. The Palmer Lake Police Department provided staffing. Print and TV press members were allowed inside, and the remaining seats were available to the public until they were filled. Palmer Lake Mayor Pro Tem Dennis Stern chaired the meeting in the absence of Mayor Glant Havenar, who was on vacation. Stern opened the public hearing and allowed Nina Ruiz of Vertex Consulting Services to present how the project met the eligibility requirements. He then invited three speakers at a time, reminding them to stick to the eligibility issues. Ruiz responded, and the board voted 4 to 1 that the project met the annexation eligibility criteria. Photos by Jackie Burhans.
Above: Proposed Buc-ee’s Travel Center location – courtesy Buc-ee’s

New board members sworn in

Collins administered the oath of office to three newly elected board members: Tim Caves, Amy Hutson, and Atis Jurka. The new members replace Ehrhardt, Farr, and Padgett.

Above: Newly elected board members Atis Jurka, Amy Hutson, and Tim Caves are sworn in by town administrator Dawn Collins at the Dec. 12 Palmer Lake Board of Trustees meeting. Each of the new board members will serve a four-year term and began their terms by passing the town’s 2025 budget. From left are Jurka, Hutson, Caves, and Collins. Photo by Jackie Burhans.

Collins presented certificates of appreciation to outgoing board members Erhardt, Farr, and Padgett.

Above: Palmer Lake Town Clerk Dawn Collins recognized outgoing board members Nick Ehrhart, Sam Padgett, and Jessica Farr with certificates at the Dec. 12 board meeting. All three had terms that ended at the meeting, which saw new board members sworn in. Farr was unable to attend, having given birth that morning. From left are Ehrhardt, Padgett, and Mayor Pro-Tem Dennis Stern. Photo by Jackie Burhans.

2025 budget adopted

The first vote taken by the new board was to pass Ordinance 19-2024, which adopts the budget for 2025 and appropriates the necessary funds. Collins noted that the new board members had attended the budget workshop and reviewed the budget before their terms began. The board voted unanimously for the ordinance.

The board also passed Resolution 61-2024, which certifies the town’s mill levies.

New chief of police introduced

Collins announced that Glen Smith (pictured below) had accepted the position of chief of police. Smith has 30 years of police experience, Collins said, adding he had recently moved from Florida to Colorado.

**********

The next regular board meeting is scheduled for Jan. 9, 2025. 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

Palmer Lake Board of Trustees, Nov. 14 – 2025 budget proposed; 2024 budget amended

By James Howald and Jackie Burhans

At its only meeting in November, the Palmer Lake Board of Trustees held a workshop and a public hearing on its proposed 2025 budget. The board also held a public hearing on amendments to its 2024 budget. That hearing was followed by a vote on a resolution to amend the 2024 budget to account for increased property taxes, to change the distribution of grant funds, and to correct expenses and revenues that were miscoded in the town’s 2022 budget.

The board passed three ordinances that affirmed leases that were originally granted via resolution. The board passed three resolutions authorizing studies needed to evaluate the impact of the proposed Buc-ee’s travel center. Finally, the board heard an administrative report from Town Administrator Dawn Collins.

The meeting ended with an executive session.

2025 budget raises compensation and increases staffing

Collins opened the workshop on the 2025 budget by telling the board that, in response to a previous compensation study, appropriate wages for town staff were a priority for the town. Both the police and fire departments were low, she said. An early draft of the 2025 budget tried to put all staff at wages recommended by the compensation study, but that was too large a step to take in a single budget, Collins said, adding the budget before the board brought wages halfway to the recommended amount. She said she wanted to move the town from reacting to planning for the future.

At the workshop, Collins reviewed proposed projects for 2025, broken down by department. Administrative projects include:

  • Rewriting the town’s land use code.
  • Improving the audiovisual equipment in the Town Hall to allow those watching the live stream of board meetings to be able to see presentations.
  • Upgrading the town’s web page to allow online reservations of town amenities and other improvements to the Town Hall.

Public works projects include:

  • Adding sidewalks along Highway 105.
  • Widening South Spruce Mountain Road.
  • Improving Circle Road.
  • Addressing drainage on Aurelia Avenue, High Street, and Rosita Avenue.

Parks and trails projects include:

  • Bridge construction at Elephant Rock.
  • Construction of a multi-use sports field at the south end of the Palmer Lake Regional Recreation Area.

Water projects include:

  • Park Street, Shady Lane and other water line replacements and upgrades.
  • An Arapahoe well.
  • Participation in the Loop water re-use project.

Police and fire projects include:

  • Construction of a Public Safety Facility, for which the town has obtained a matching grant from the Colorado Department of Local Affairs.
  • Replacement of a police vehicle.
  • Acquisition of a fire engine.

Collins pointed out that the town had received $70,000 in additional property taxes in 2024, and she expected property taxes in 2025 to be similar. The 2025 budget anticipates $2.076 million in revenue from sales, use, and excise taxes. That number includes taxes from recreational cannabis sales, Collins said, but those taxes can’t be broken out for privacy reasons since there only two recreational cannabis businesses in the town.

Collins said donations are unpredictable and can’t be budgeted, but the 2025 budget does include a $12,000 pickleball sponsorship.

The 2025 budget anticipates total revenue of just over $10 million, according to Collins.

In terms of staffing, Collins said the 2025 budget includes funds for two additional full-time police officers and two-part time Police Department employees, one of whom would be a records technician. Two additional full-time positions in the Fire Department are included in the budget, Collins said.

Collins pointed out that the budget required $469,000 of reserve spending from the fund balances. She said she wanted a policy governing how much of the fund balance reserves can be spent in a budget.

The Water Fund has its own budget, and Collins pointed out that it includes four full-time employees. Collins said she thought only three employees would be needed.

There were no comments from the public following Collins’ remarks. The board made few comments about the 2025 budget during the regular board meeting. In response to a discussion about how the town should handle stray dogs, Trustee Shana Ball said she opposed adding funds to the budget that purpose. The workshop was concluded.

During its regular board meeting, the board held a public hearing on the 2025 budget. Mayor Glant Havenar said she was concerned about spending reserve dollars from the fund balance. Trustee Dennis Stern said spending $500,000 from a $4.5 million fund balance was not overreach.

Fire Chief John Vincent discussed his plans to improve the town’s Insurance Services Office (ISO) rating, which measures how well the Fire Department serves the community. Improving the ISO rating lowers residents’ insurance costs, he said. Resident Kellie Currie asked to have the cost of mapping the town’s functioning and non-functioning fire hydrants added to the town’s budget.

Havenar closed the hearing on the 2025 budget. The board will vote to approve the budget at its Dec. 12 board meeting.

2024 budget amended

The Nov. 14 board meeting included a public hearing on proposed changes to the town’s 2024 budget.

Collins told the board that the amended budget made changes to both the General Fund and the Water Fund.

In terms of the General Fund, two property tax relief bills passed by the state Legislature—SB22-238 and SB23-B001—reduced the revenue collected through property taxes. To compensate for the lost revenue, the bills required the state to reimburse some local governments. Collins said Palmer Lake received $70,000 of reimbursed property taxes, requiring the 2024 budget revenue line items for property taxes to be increased. She said grant funds for the Palmer Lake Elementary School (PLES) project were distributed differently in the amended budget.

The amended budget also transferred funds between the General Fund and the Water Fund to correct miscoding of grant funds that had occurred in the 2022 budget, specifically $25,300 from a grant to address drainage on High Street and $15,000 in Preliminary Engineering Report expenses.

In the Water Fund budget, Collins said the revenue line item for American Rescue Plan Act (ARPA) revenue was decreased from $117,390 to $103,669 to reflect actual ARPA revenue recognized for 2024. The revenue line item for the PLES Upper Glenway Water Improvement was increased from $101,520 to $287,697 to reflect the portion of that project that was water-related. The Water Fund Capital Outlay for PLES increased from $141,900 to $522,326. Under debt service, the principal and interest line items relating to a 2018 emergency water loan to construct a second water storage tank were corrected.

Following Collins’s remarks, the hearing was closed and the board voted on Resolution 56-2024. The resolution amends the appropriated funds for the General Fund from $4.976 million to $4.984 million and amends the appropriated funds for the Water Fund from $1.952 million to $2.349 million. Trustees Ball, Kevin Dreher, Nick Ehrhardt, Samantha Padgett, and Dennis Stern voted in favor, as did Havenar. Trustee Jessica Farr voted no.

Three leases reaffirmed

Town Attorney Scott Krob told the board that a citizen brought to the town’s attention that multi-year leases must be approved by ordinance. Town staff found three multi-year leases that were passed by resolution, not by ordinance, he said. Krob said the board could pass ordinances to affirm the leases if the town wanted to keep the terms of the leases unchanged. He said he would not charge the town for the legal work needed to draft the ordinances.

To correct this situation, the board passed three ordinances:

  • Ordinance 15-2024, which affirms the lease with CORE Electric Cooperative for the land where electric-vehicle chargers are installed.
  • Ordinance 16-2024, which affirms the lease with Pikes Peak Library District for the land used by the library.
  • Ordinance 17-2024, which affirms the lease with Eco Spa LLC for the land at the town’s Elephant Rock property where Richard and Lindsay Willans are building a spa.

Three studies to evaluate impact of proposed Buc-ee’s travel center

Krob told the board that, as part of the proposed annexation of land adjacent to I-25 and County Line Road, three studies would be undertaken to evaluate the impact of the Buc-ee’s travel center project. Resolution 53-2024 authorizes a professional service agreement with Economic & Planning Systems to conduct an independent fiscal impact analysis of the travel center. Resolution 54-2024 authorizes an agreement with Stolfus & Associates to conduct a traffic impact analysis. Resolution 55-2024 authorizes an agreement with GMS Engineering Inc. to assess the impact of the travel center on the town’s water system. In response to a question from Stern, Krob said he recommended that the water rights belonging to the land Buc-ee’s wants to acquire be transferred to the town if the annexation is approved.

Krob said Buc-ee’s would pay for all three studies.

Administrative report

Collins told the board that an offer had been made and accepted to fill the position of police chief and she expected the new chief would begin in December. She noted that Deputy Clerk Grace MacNeil was resigning her position. The flooding in the basement of the Police Station was due to a failure of the water heater, she said, and an insurance claim had been submitted. She ended her remarks by thanking Police Lt. Adam Lundy and Police Sgt. Gene Ramirez for stepping up until a police chief could be hired. She also thanked Public Works Supervisor Stacy Delozier for his work on roads and on planning. Ball and Cindy Powell were congratulated on their work obtaining grants. Collins ended her report by thanking all the town’s department supervisors and staff for their teamwork.

Executive session

The Nov. 14 board meeting was followed by an executive session to determine positions regarding the terms of purchase or sale of town property and the possible disposition of town real property. No actions were taken following the executive session.

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The next regular board meeting is scheduled for Dec. 12. The Dec. 26 meeting has been canceled to accommodate the Christmas 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.

**********

Correction

The Palmer Lake Board of Trustees article in the November issue of OCN incorrectly said the proposed Buc-ee’s travel center would be east of I-25. It is proposed to be west of I-25 and south of County Line Road. OCN regrets the error.

Other Palmer Lake Board of Trustees articles

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.

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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

Palmer Lake Board of Trustees, Sept. 12 and 26 – Board considers church’s request to use Elephant Rock property

By James Howald and Jackie Burhans

At its board meetings in September, the Palmer Lake Board of Trustees (PLBOT) considered a request to hold a large church picnic at the town’s Elephant Rock property. The board authorized Mayor Glant Havenar and Reid Wiecks, chair of the Parks and Trails Commission, to sign a letter of intent with the Palmer Divide Soccer Club. Town Administrator Dawn Collins proposed reallocating money for the Palmer Lake Elementary School construction project between funds in the town’s budget.

The board passed three ordinances and a resolution, and discussed how to handle an unofficial stop sign at the intersection of Commercial Lane and Circle Road. The board heard administrative reports and a presentation from Stacy Delozier, the town’s Public Works supervisor. Havenar read a proclamation concerning the 11th annual Creek Week cleanup effort.

Both meetings included executive sessions, after which no actions were taken.

Proposed picnic raises questions

Collins told the board she had received a request from a church wishing to hold a picnic for up to 700 attendees at the Elephant Rock property in summer 2025. Collins said she did not know how to respond and wanted the board to determine how the property could be used by the public, adding she wanted to be careful about setting precedent. Collins said the town would need to spend money to develop the property for use by the public.

In her summary of the issue in the board packet, she mentioned that the property would need to be brought into compliance with building codes as well as regulations regarding roadways and drainage before it could be used by the public. Some aspects of the infrastructure would need repair, she said. The town was spending about $10,000 per year on the property, and projects such as asbestos removal were in addition to that amount, she said.

Resident Atis Jurka said he had concerns about opening the property.

The board took no action following Collins’ remarks.

Soccer club seeks support

Collins asked the board to consider a Letter of Intent (LOI) to enter into an agreement with the Palmer Divide Soccer Club. The LOI, which precedes a Memo of Understanding, is necessary to allow the club to pursue grant funds.

Julian Drummond, a founder of the club, said the goal was to develop the south end of the lake as a soccer field with artificial turf and amenities such as bleachers.

According to the LOI, the club would have first right of refusal for scheduling practice and game times.

The board voted unanimously to approve the LOI.

Direction sought on funds for Palmer Lake Elementary School roadwork

Collins told the board that the water line replacement that was required as part of the improvements to roads near Palmer Lake Elementary School was nearly complete. She asked the board to consider altering where the funds to replace the water line were allocated in the town’s budget.

Collins proposed reallocating revenue and expenses from the General Fund to the Water Fund, resulting in a reduction in the fund balance for the General Fund of $194,959.

Collins said if the board agreed to the reallocation, she would bring back a formal amendment to the budget in November. The board gave Collins the go-ahead.

Ordinances and resolution

The board passed three ordinances and a resolution:

  • Ordinance 11-2024, which amends the town’s municipal code to include the fee for littering in the town’s Master Fee schedule.
  • Ordinance 12-2024, which moves the rules regarding parks to section 12.12.060 of the town’s municipal code.
  • Ordinance 13-2024, which gives the town clerk the authority to approve applications for liquor sales at special events.
  • Resolution 49-2024, which revises the town’s policy for lighting its star to include lighting the star for one day in remembrance of the events of Sept. 11, 2001.

Stop sign to be official

Collins said that, as part of Alpine Essentials transition from a wholesale to a retail marijuana business, an unofficial stop sign had been installed by a tenant at the intersection of Commercial Lane and Circle Road.

According to a memo included in the board packet, Police Sgt. Eugene Ramirez and Interim Chief of Police Adam Lundy reviewed the situation and found that police officers could not issue valid citations for failure to stop at the unofficial sign. They said they had received several complaints from residents regarding failure to observe the sign.

The board voted to replace the unofficial sign with a sign owned by the town, which would enable police officers to write valid citations.

Administrative reports, Public Works presentation

Collins gave administrative reports at both board meetings. She said budget meetings were taking place internally. She reported only one volunteer had come forward asking to serve on the advisory committee formed to develop a financial plan for the Elephant Rock property and suggested that the board postpone the deadline for requests to serve on the committee.

At the Sept. 26 meeting, Collins said recruitment continues for the water operator and accounting clerk positions of the town’s staff. Job offers had been made for the public works maintenance and code compliance positions. Four interviews have been scheduled with applicants for the chief of police position.

Collins reported that the town’s insurance costs had risen by 12.6%. Asbestos abatement in the cabins at the Elephant Rock property was halfway completed and the pickleball courts at the lake are open.

Stacy DeLozier, recently hired as the town’s Public Works supervisor, told the board the mission of the Public Works Department was to provide responsible, efficient, cost-effective services and public works to the residents of the town. The department’s vision was to enhance the quality of life of the residents, to maintain parks and keep roads safe, consistent with the goals of the board. He said the department was short-handed.

Creek Week proclamation

Havenar read a proclamation declaring Sept. 28 to Oct. 6 to be the 11th Annual Creek Week of 2024. She presented a certificate to Alli Schuch, executive director of the Fountain Creek Watershed District. Schuch said volunteers had removed 150 tons of trash from the Fountain Creek watershed. Wiecks said that on Sept. 28 volunteers would gather at the Glen Park tennis courts at 9 a.m. to remove trash from Monument Creek.

Executive sessions

The Sept. 12 board meeting was preceded by an executive session to discuss leasing a portion of the Elephant Rock property, a possible annexation, conveying and obtaining property, accounting for certain funds in the General Fund or the Water Enterprise Fund, addressing issues involved in the Petition to Disconnect filed by the United Congregational Church, and evaluating the town administrator. No votes were taken after the executive session.

The Sept. 26 meeting was followed by an executive session to evaluate the town administrator.

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The next regular board meetings are scheduled for Oct. 10 and 24. 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

Palmer Lake Board of Trustees, Aug. 8 and 22 – Asbestos abatement contract awarded; advisory committee formed

By James Howald and Jackie Burhans

At its board meetings in August, the Palmer Lake Board of Trustees (PLBOT) approved a contract to remove asbestos from seven of the buildings at the Elephant Rock Property and formed a new committee to focus on developing a financial plan. The board discussed engaging a third-party mediator to resolve friction between board members. The board heard a report on its 2023 audit. It voted on changes to the municipal code governing business licenses and approved the sale of town land adjacent to County Line Road. The board voted on resolutions addressing several issues and heard administrative reports.

Mayor Glant Havenar was on vacation and excused from the Aug. 22 meeting.

Both meetings were preceded by executive sessions.

Amended asbestos abatement contract approved

At its Aug. 8 meeting, the board took up Resolution 41-2024, which contracted with Advanced Remediation Services Inc. (ARSI) to remove asbestos from the long building and six cabins at the Elephant Rock property for $67,178. Town Administrator Dawn Collins said the asbestos needed to be removed before the buildings could be demolished and the quote assumed the buildings would be demolished. The board voted unanimously in favor of the resolution.

During the public comment portion of the meeting, several residents objected to the demolition of the cabins. Atis Jurka argued the planned demolition would not reduce the town’s insurance costs and was not in the town’s interest if the buildings might produce tax revenue in the future. Gene Kalesti said the trustees had made their decision based on emotion and were ignoring 300 residents who signed a petition asking that the buildings be retained. He said the decision to demolish was “an economic crime.” Lindsay Willan, who, along with her husband Richard Willan, is developing a portion of the Elephant Rock property as a spa, asked why the forms making the buildings eligible for historic status had never been filed, claiming that omission was a “travesty.” Nick Olson said the cabins should be kept and the board was throwing away $1 million.

At its Aug. 22 meeting, the board returned to the issue of the asbestos abatement contract. Collins told the board that ARSI had determined that the square footage of the buildings on which they based their estimate was wrong, and it raised its estimate to $104,000. Collins said ARSI was also asking for bunkbeds and cabinets to be removed before beginning work. Considering those issues, she recommended the abatement contract be awarded to Paramount Environmental Services for $94,570.

The board voted unanimously in favor of Resolution 47-2024, which awards the contract to Paramount Environmental Services.

New committee focuses on financial plan

At its Aug. 8 meeting, the board debated Resolution 41-2024, which authorizes the creation of a second advisory committee focused on the creation of a financial plan for the main building, chapel, and cottage at the Elephant Rock property. A previous committee, the Elephant Rock Property Citizen Advisory Committee, which was formed to organize all the uses of the property proposed by residents, recommended the creation of a second committee devoted to financial plans. The resolution calls for a maximum of seven appointed members, including two from the Planning Commission, two from the Parks and Trails Commission, one from a local nonprofit, and one resident. The members must not have a financial interest in the property. The resolution gives the committee 90 days to develop its plan.

Trustee Shana Ball argued the committee should have 10 members to allow more citizens to participate.

Collins pointed out that the committee will advise the board, which will make any final decisions.

Havenar proposed extending the committee’s deadlines to 120 days.

The board voted unanimously to approve the resolution as amended.

Mediator to help resolve conflicts

Town Attorney Scott Krob recommended that the board engage a mediator to help resolve disputes between board members and the mayor such as the disagreement between Ball and Havenar at the second board meeting in July. According to materials in the packet for the Aug. 22 meeting, the board has an unidentified mediator in mind. Krob said the Colorado Intergovernmental Risk Sharing Agency or the Colorado Municipal league might also act as mediator if issues remain unresolved.

2023 audit report

David Green, of Green & Associates LLC, reported the results of his audit of town finances to the board at its Aug. 22 meeting. The audit included an unmodified or “clean” opinion, Green said, indicating that the audit fairly represents the town’s financial standing. He complimented the town staff on their cooperation and said it was the smoothest audit he has had with the town so far.

Resident Roger Moseley questioned several aspects of the audit.

The board voted unanimously in favor of Resolution 43-2024, which authorizes Collins to file the 2023 audit with the state of Colorado.

Business license code clarified

At the Aug. 8 meeting, Krob proposed amending language in the municipal code to exempt businesses that are working on a single residence from needing to have a business license from the town of Palmer Lake. Krob’s changes would mean a plumber licensed in Colorado Springs, for instance, could repair a Palmer Lake residence’s plumbing without needing a business license issued by Palmer Lake.

At the Aug. 22 meeting, Krob’s suggestions were presented as Ordinance 10-2024, which adds three new exemptions to the requirement to have a Palmer Lake business license: trade persons working on an existing single-family residence; subcontractors working under a general contractor with a Palmer Lake-issued business license; and any general contractor working on one single-family residence. The board voted unanimously in favor of the ordinance.

Sale of town land approved

At its Aug. 8 meeting, the board approved the sale of 4.5 acres of town land to Josh Mabe of Twenty1Five LLC. The land is just south of County Line Road and west of the land owned by the United Congregational Church of Ben Lomand. The parcel includes some of the land the town currently leases to Palmer Lake Sportsriders for use as a dirt bike track.

Resident Kent Hutson pointed out that the land includes part of the Santa Fe Trail that connects Palmer Lake to the Greenland Open Space. Krob said the sale allowed for the easement used by the trail.

Krob explained that because the land is not in use by the town, the sale must take the form of an ordinance and the board voted to approve Ordinance 9-2024, which authorizes the sale. Trustees Ball, Kevin Dreher, Nick Ehrhardt, Jessica Farr and Dennis Stern, as well as Havenar, voted in favor; Trustee Samantha Padgett voted against the ordinance.

Resolutions approved

The board approved the following resolutions:

  • Resolution 44-2024, which authorizes the town to coordinate the local election on Nov. 5 with El Paso County.
  • Resolution 45-2024, which approves an intergovernmental agreement between the town and the UC Health Memorial Hospital System under which UC Health will assign a clinician to the town’s Crisis Intervention Team. The town was awarded a grant to fund the clinician.
  • Resolution 46-2024, which specifies a lower fee of $500 each for a Plat Amendment and a Plat Correction. The resolution simplifies the previous replat application review and approval by requiring less review and eliminating public hearings.
  • Resolution 48-2024, which redirects the town’s portion of the Colorado Opioid Settlement funds to the El Paso County region. The funds, amounting to $1,478, which can be used only for purposes approved under the settlement, are not enough to support an approved program at the town level. Collins pointed out that the town already receives an adequate amount of Narcan (one of the approved uses) at no cost and that most of Colorado’s local governments have redirected their funds to their regions.

Administrative reports

Collins told the board that recruitment is ongoing for a water operator, a chief of police, an accounting clerk, and a code compliance officer. All departments are short-handed, she said. She invited residents to apply to serve on the newly created Advisory Committee for the Elephant Rock Financial Plan.

Fire Chief John Vincent told the board that Fire Academy training had been completed by his staff and all were now certified as Fire Fighter 1. His staff has also been trained to do blood draws for suspected driving under the influence investigations. He said his staff and equipment had been temporarily deployed to fight fires in northern California, which brings experience and revenue to the department.

Executive session

The Aug. 8 meeting was followed by an executive session to discuss a possible annexation request, after which no action was taken.

The Aug. 22 meeting was followed by an executive session to discuss a possible annexation, to consider a summons and petition from the United Congregational Church to disconnect pursuant to C.R.S. 24-6-402(4)(b), and to develop negotiating positions related to town land dedication. No action was taken.

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The next regular board meetings are scheduled for Sept. 12 and 26. All meetings will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

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

Other Palmer Lake Board of Trustees articles

Palmer Lake Board of Trustees Workshop, July 10 – Advisory committee presents Elephant Rock analysis

By James Howald and Jackie Burhans

On July 10, the Palmer Lake Board of Trustees held a workshop at which the Elephant Rock Property Citizen Advisory Committee presented the results of its work to organize and analyze the suggestions from residents for development of the 28-acre property. Mayor Glant Havenar and Trustees Shana Ball, Kevin Dreher, Nick Ehrhardt, and Dennis Stern attended the workshop; Trustees Jessica Farr and Samantha Padget were absent.

The 10-member committee included Co-Chairs Susan Miner and Bill Fisher, Jina Brenneman and Jennifer Rausch representing the Palmer Lakes Arts Council, Cindy Power and John Tool representing the Palmer Lake Parks Commission, Atis Jurka and Karen Stuth representing the Palmer Lake Economic Development Group, and Larry Bobo and Cathy Wilcox serving as citizens at large.

The committee organized all the suggestions it considered viable and its comments on those suggestions into a binder presented to the board and available on the town’s website here: www.townofpalmerlake.com/media/15291.

Committee vision and mission

Miner told the board the committee’s vision was to create parkland and open space for the benefit and enjoyment of citizen owners that celebrates community, culture, history, the arts, and the natural environment in the spirit of the Chautauqua movement. The committee’s mission was to acknowledge that the property is beautiful and diverse and must be self-sustaining while maintaining harmony between economic development and land use regulations.

Miner said the committee thought of the property as belonging to the whole town, and the committee’s work was based on the town’s master plan. She said that Richard and Lindsay Willan’s Eco Spa and a potential public safety building had not been considered in the committee’s efforts.

The committee is made up of five subcommittees: site planning, income capacity, funding sources, culture and arts, and parks, Miner said. (The parks subcommittee did not make a presentation at the workshop.) The overall committee considered preserving the landscape and views, fire mitigation, reducing the potential for noise and light pollution, and promoting opportunities to improve quality of life for residents. The status of the cabins, the need for asbestos mitigation, lack of funding, and public safety were “elephants in the room,” Miner said.

Site planning

Fisher told the board the site plan focused on documenting existing conditions. He said the site planning subcommittee had settled on consistent names for the buildings at the site: the Lodge, the Chapel, the Pavilion, the Long Building, the Cabins, the Annex, and the Utility Barn. Fisher said the site planning subcommittee did not favor using the site for a shopping center, but he acknowledged the need for revenue from the site.

Fisher said the Lodge could be developed into a boutique hotel, and he presented a slide that showed a hotel, an open space on the eastern side of the property, the Willans’ spa, and a park on the western side of the property adjacent to the creek.

Culture and arts

Miner said the idea of using the site as a cultural district, where cultural facilities and programs serve as anchors, came up in a couple ways. Cultural districts attract funding, she said.

Brenneman, representing the culture and arts subcommittee, recalled Palmer Lake in the 1970s, when it was more a village than a town and summer classes and ballet classes were available. She presented information from a 2022 study by the Cultural Office of the Pikes Peak Region that showed the arts supported nearly 3,000 jobs and generated $184 million in economic activity.

Brenneman discussed the use of the kitchen in the Lodge as a fine dining restaurant. The site could accommodate a history museum, artists in residence, a sculpture park, and a nature center, she said. She encouraged the board to take the long view and to protect the property.

Income capacity

Jurka, representing the subcommittee focused on revenue generation, said the main question relative to revenue was who would manage the property. He pointed out there are insurance and maintenance costs, but no revenue is coming in at present. He suggested three things to generate revenue in the short term: an athletic field that could be rented, the Pavilion could be rented, and picnic tables could be installed and rented. He also suggested the Lodge could be rented.

Sources of funding

Cathy Wilcox listed several ways to fund the development of the property:

  • Federal, state and local grants.
  • Municipal bonds.
  • Mill levy overrides.
  • Crowd funding.
  • Revenue from parking.
  • Fees.
  • Sales taxes.
  • Sponsorships.
  • Endowments with naming rights.

She said she had contacted Panorama Property Management.

Next steps

Miner suggested the board hold an open house at the property. She recommended the formation of a new committee to further analyze suggestions and possibly hire a property manager. Miner said a grant was available to hire a property manager. She said the buildings needed to be secured.

Mayor Havenar asked the board how much time they needed to digest the information presented by the committee. The consensus was two weeks, and the board would send questions to the committee by July 18. Another workshop was scheduled before the July 25 board meeting.

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

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

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

Other Palmer Lake Board of Trustees articles

Palmer Lake Board of Trustees, July 11 and 25 – Elephant Rock discussion becomes contentious

By James Howald and Jackie Burhans

The future of the Elephant Rock property was the focus of the Palmer Lake Board of Trustees (PLBOT) at its board meetings in July. The board also held two workshops devoted to the question. For coverage of the first workshop, held on July 10, see article on page < 11 >. The Elephant Rock Property Citizen Advisory Committee (ERPCA) delivered to the board the results of its months-long analysis of the suggestions for the property submitted by residents. The second workshop preceded the July 25 board meeting. The board passed a resolution to establish a fee for farmers markets, amended the ordinance regulating peddler’s permits, and updated the regulation governing business licenses. The board held a public hearing and took a vote on a conditional use permit for a landscaping business moving into Illumination Point. The board updated its code governing subdivisions.

Consensus on Elephant Rock emerges from angry discussion

Asbestos removal at the Elephant Rock property was on the agenda at the July 11 board meeting, but the topic was tabled until the July 25 board meeting.

At the workshop preceding the July 25 board meeting. Mayor Glant Havener said the purpose of the workshop was to address any unanswered questions about the ERPCA’s work and to set a direction for the property.

Trustee Kevin Dreher said the first decision was whether to use the property as a park or as a cultural district. He said he leaned toward using it as a park.

Trustee Shana Ball argued that the next step should be the formation of a new committee to do a financial analysis, as suggested by the ERPCA. Havenar questioned the role of a new committee.

Susan Miner, one of the co-chairs of the ERPCA, pointed out that every square foot of the Elephant Rock property that is not generating revenue is costing the town money. She said the property could be a combination of park and cultural district. The purpose of the new committee was to ensure there would be enough revenue to make the property self-sustaining.

Havenar pointed out that the board had already voted to demolish the cabins. She asked if Miner would lead the new committee; Miner said she would not.

Havenar argued the problem with the suggestion that groups adopt a cabin is that it would take five to seven years before the town would receive any revenue. Miner said she thought revenue could be produced sooner than Havenar’s estimate.

Trustee Dennis Stern said he did not oppose the creation of a new committee but thought the board should choose a direction before the committee was launched.

Ball said she would like to understand the revenue that would be generated from the cabins and argued that most of the community wanted to keep them. Havenar disagreed that was the desire of most residents. Ball asked for another survey of the community. Trustee Jessica Farr felt the community had been surveyed many times and the board should decide between parks and a cultural district.

Dreher said he favored turning the big building into a restaurant or event center that would generate revenue. Farr pointed out no one would invest the money needed without owning the building.

Havenar said she would like to see the Pavilion used for park rentals and the Chapel used by the Forest School. Miner said the next step should be to hire a property manager funded by a grant. Havenar pointed out the town did not yet have such a grant.

Town Administrator Dawn Collins pointed out that any new use would require all aspects of the property—drainage and roads, for example—to be brought up to current code requirements. She said the buildings were continuing to deteriorate and there was a cost to doing nothing. She estimated the town had spent $5,000 on the property in the first half of 2024.

Havenar argued the asbestos would need to be remediated in all cases. She repeated her point that the board had already voted to demolish the cabins.

Ball repeated her desire for more input from citizens. Ehrhardt and Farr said there was already plenty of input from citizens. During Tim Cave’s remarks to the board, Havenar became angry with Ball, implied Ball was keeping information secret from the board, and demanded that Ball stop talking and shut her mouth.

Reid Wiecks, who is on the Parks and Trails Commission, suggested that the large buildings could accommodate any uses the cabins could be put to, and said he favored demolishing the cabins.

Following Wiecks’s remarks, the workshop was closed.

During the board meeting following the workshop, Farr moved to demolish seven buildings, remediate the asbestos as needed, and form a new committee to develop a financial plan in six months. Trustees Ball and Ehrhardt voted no; Trustees Dreher, Farr, Padgett and Stern, along with Havenar, voted yes.

Farmers markets, peddler’s permits and business licenses

At its July 11 meeting, the board voted in favor of Resolution 38-2024, which requires a fee to be paid by applicants organizing farmers markets. Staff recommended a fee of $100. It also amended Ordinance 7-2024 so that a peddler’s permit, which would be required to sell items at a farmers market, would be valid for a calendar year at a cost of $25. A simple background check would be included in the process to grant a peddler’s permit.

At its July 25 meeting, at the request of Farr, the board took up the issue of business licenses. At present, Farr said, subcontractors were required to obtain a business license from Palmer Lake. She thought this was unenforceable and a waste of time. Stern said he thought most towns did not require subcontractors to maintain a business license but did require home-based businesses in the town to be licensed. Collins said the code currently does require subcontractors to have a business license, even if they will be performing a single job, but that was enforced only when a subcontractor submits a land use application.

Town Attorney Scott Krob said the board could decide how broad they wanted the requirement for a license to be. Local builder Kurt Ehrhardt told the board he thought the requirement would mean excessive work for town staff. Krob said he would draft language for the board to consider at a future meeting.

Public hearing on conditional use permit

Jared Whiteley, representing Greater Grounds, requested a conditional use permit to use his property at Illumination Point to park trucks and equipment for a landscaping business. Illumination Point is zoned C2 General Business and Commercial. He said an 8-foot privacy fence would be built to shield the equipment from Highway 105.

Whiteley said if the Colorado Department of Transportation required a turn lane on Highway 105, he could use Cloven Hoof Road to access the parking lot.

The board voted unanimously in favor of Resolution 40-2024, which grants the permit.

Subdivision ordinance rewritten

Collins told the board that the municipal code governing the subdivision process had been rewritten by the town’s Planning Commission and the Community Matter Institute to address gaps in the process. Krob said the old code was 50 years old and due for updating.

The board voted in favor of Ordinance 8-2024, which repeals and replaces Chapter 16 of the Subdivision Code. Farr voted no; all others voted in favor.

Executive session

The July 11 and 25 meetings ended with executive sessions to discuss a possible annexation request.

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The next regular board meetings are scheduled for 6 p.m. Aug. 8 and 22. All meetings will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

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

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

Other Palmer Lake Board of Trustees (PLBOT) articles

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

By James Howald and Jackie Burhans

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

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

All three meetings included executive sessions.

Board opts out of state law prohibiting guns in sensitive spaces

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

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

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

Land use issues

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

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

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

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

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

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

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

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

Elephant Rock property

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

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

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

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

Regulation for farmers markets takes shape

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

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

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

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

Peddler’s permits required

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

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

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

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

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

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

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

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

Special event permit process simplified

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

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

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

Roadway improvements at PLES

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

Special events approved

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

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

Administrative updates

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

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

Executive sessions

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

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

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

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

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

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

Other Palmer Lake Board of Trustees articles

Palmer Lake Board of Trustees, May 9 – It’s official: no fireworks in Palmer Lake

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) met twice in May; on May 9 and on May 30. Since the May 30 meeting was held after this issue of OCN went to press, that meeting will be covered in next month’s issue.

At the May 9 meeting, the board considered a special event permit request from Shane Neal, representing Awake the Lake (ATL). The board heard an update on the progress made by the Advisory Committee for the Elephant Rock Vision Plan. Five special event permits were approved.

The meeting was followed by an executive session to receive legal advice on an offer to purchase town land, and a vote was taken following the executive session.

Discussion of Fourth of July event becomes contentious

Neal asked the board to approve a special event permit for the Festival on the Fourth event. He explained ATL had canceled its previous plans for the event, which would have included a fireworks display, because it could not find a volunteer to manage the event. The event he proposed at the board meeting was a scaled-down version, to be held in a controlled area adjacent to the Centennial Park Gazebo on the west side of the lake, that would include alcohol sales, vendors, and music, but no fireworks. Ambulance support, EMT resources, and private security personnel would be provided. Tickets to the event would cost $20, but food and alcohol would be sold separately, he said. Neal said he expected up to 5,000 people would attend.

After explaining the event requested in the permit application, Neal went on to say ATL considered fireworks central to the event and it proposed holding the event with fireworks. Neal listed three options: the smaller, more controlled event without fireworks he had submitted a permit application for, a larger event with fireworks, or no event at all. He said when ATL canceled the previously planned event there was a lot of push back from the community, all of it in favor of holding an event with fireworks. Meetings were held to see if the event could be revived, and Neal volunteered to plan the event.

Town Administrator Dawn Collins said that she was concerned about the lack of adequate planning, that she wanted to support the ATL event, but the cancelation meant that law enforcement staff from surrounding organizations had re-assigned their staff when the cancellation was announced, and those officers were no longer available to support The Festival on the Fourth.

Jeff Hulsmann, representing ATL, said that events like The Festival on the Fourth were important to the town and the scaled-back version of the event, without fireworks, would fail and would fill the town with angry disappointed attendees

Trustee Shana Ball said she did not have enough information to decide at the meeting.

Interim Police Chief Adam Lundy said he could support the smaller version of the event but adequate police support for the version with fireworks was not available. He said the event historically has never been safe. Collins said 18 members of the Fire Department would be available to support the event.

Neal asked the board to authorize him to move forward with planning for an event with fireworks and said the board could cancel the event later if its requirements were not met. Resident Susan Miner spoke in favor of this approach. A permit for an event with fireworks was not the issue before the board.

Lundy pointed out again that law enforcement staff from surrounding agencies were re-assigned when they were told the event was canceled and were no longer available.

Mayor Glant Havenar said, “Everyone wants the event going forward,” and hoped Neal would remain as the event planner.

At that point, Neal asked the board to vote yes or no on an event with fireworks. There was no motion for a vote and Neal withdrew his application for a smaller event. The board moved on to the next agenda item but that was not the end of the discussion. Later in the meeting, Hulsmann asked the board to vote yes or no on an event with fireworks. He said he did not want to take the blame for the failure of the event to proceed. The board did not vote at that point.

During the public comment section, Neal again asked the board to vote yes or no on an event without fireworks. Town Attorney Scott Krob said the board could vote but was not obligated to do so. The board voted: Trustees Jessica Farr, Dennis Stern and Havenar voted in favor of the smaller event, without fireworks, for which the special event permit was requested. Trustees Ball, Nick Ehrhardt and Samantha Padgett voted no. Trustee Kevin Dreher was not present to vote. The vote failed, since a majority was required for it to pass.

Elephant Rock vision plan update

Miner told the board that the Advisory Committee for the Elephant Rock Vision Plan had met twice. At the first meeting, they added Cathy Wilcox and Larry Bobo as committee members. The second meeting was held at Richard and Lindsay Willans’ location at the Elephant Rock property so that the committee could familiarize themselves with the Willans’ plans.

Miner said the committee was drafting a vision statement specific to the Elephant Rock property. All ideas submitted by community members have been collected and categorized. The committee had heard from The Arts Council of Palmer Lake, from the Parks and Trails Commission, and from the Palmer Lake Economic Development Group. A site team made up of Bill Fisher, John Tool, Jennifer Rausch and Larry Bobo had been formed and was ready to get started. Cathy Wilcox was working on listing possible types of financial support, and Miner was working on a critical path schedule with benchmarks, she said

Bill Fisher wrote an email listing positive attributes that uses of the Elephant Rock property should have, including:

  • Benefit to the public
  • Provision of park space to the community
  • Preservation of the rural corridor
  • Non-competitive with local businesses
  • Generates revenue for the town
  • Preserves historical attributes
  • Supports recreation

Miner cautioned the board about accepting further ideas from the community that were not submitted first to the committee.

Special events

The board approved these special events:

  • Shakespeare in the Park, hosted by the Palmer Lake Arts Council. The play will be Two Gentlemen of Verona. There will be two performances at the Town Hall on Saturday, June 22, at 1 and 6 p.m.
  • Wishing Star Farms children’s reading program, hosted by the Pikes Peak Library District. Children will interact with farm animals. On Thursday, June 27, at the Village Green at 9:30 a.m.
  • Summer Adventure Concert, hosted by the Pikes Peak Library District. A children’s musician will perform on Friday, July 12, at the Village Green in the afternoon.
  • Concert series hosted by the Pikes Peak Library District. There will be performances on Friday, Aug. 23, Friday, Aug. 30 and Friday, Sept. 6 at 6 p.m. at the Village Green. The musical selections will vary.
  • Palmer Lake Elementary School (PLES) Fun Run, hosted by the PLES Parent Teachers Organization. The 42nd annual four-mile run on the Santa Fe trail, to be held on Thursday, July 4, with a start time of 7 a.m. at the Pavilion at Palmer Lake Regional Recreation Center. Parking will be on the west side of the lake.

Executive session

The meeting on May 9 ended with an executive session for the board to receive legal advice on the sale of town property. After the executive session, the board voted in favor of Resolution 28-2024, which authorizes the mayor to sign purchase and sales agreements. The text of the resolution had not been published on the town’s website when this article went to press.

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The next regular board meetings are scheduled for June 13 and 27. All meetings will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

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

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

Other Palmer Lake articles

Palmer Lake Board of Trustees, April 3, 11, 25 – Elephant Rock advisory committee formed

By James Howald and Jackie Burhans

In April, the Palmer Lake Board of Trustees (PLBOT) continued its long-running effort to plan the future of the Elephant Rock property, which was donated to the town by the Living Word Church in 2021, by forming an advisory committee to organize suggestions from citizens and to advise the board on the property’s future use.

The board addressed several land use issues and considered two issues related to signs. Fire Chief John Vincent reported to the board on his plans to make Palmer Lake a fire-adapted community. The board granted four special event permits. Trustee Dennis Sterns announced that he was donating his time to act as the general contractor for the Tri-Lakes Center for the Arts (TLCA).

The April 11 meeting was followed by an executive session and the Apr. 25 meeting was preceded by an executive session.

Elephant Rock committee will only advise, board will decide

On April 3, Mayor Glant Havenar opened a workshop meeting attended by members of the Palmer Lake Planning Commission and the Board of Trustees by observing the Elephant Rock property had become a burden on the town due to contention about its future uses. She said the proposal from Franco Pisani, of Paravicini’s Italian Bistro, to use a portion of the property as a wedding venue was “unclear.”

At the workshop, Planning Commissioner Susan Miner suggested the creation of an Elephant Rock Advisory Committee, which she offered to chair. The committee would focus on a masterplan for the property, she said.

At its meeting on April 11, the board considered Resolution 25-2024, which establishes a temporary advisory committee with representatives from the Planning Commission, the Parks and Trail Commission (PTC), a local nonprofit and the community at large. The resolution calls for seven members on the committee, but that number was later revised to ten members. The resolution passed with Havenar, Trustees Kevin Dreher, Nick Erhard and Dennis Stern voting in favor, Trustee Jessica Farr voted no. Trustees Shana Ball and Samantha Padgett were excused from the meeting.

At the April 25 board meeting, Miner gave the board an update on the advisory committee’s progress. The committee held its first meeting on April 22 and began reviewing all the suggestions received from citizens in the last three years. The committee will consider the compatibility of each suggestion with all the others and will score each idea against a mission statement for the property. All suggestions will be considered, she said, and the committee has trail plans from the PTC. Miner emphasized that the committee’s role was only advisory, and board would make all decisions. She said the committee would complete its work in 90 days and she would give the board an update at each of its scheduled board meetings.

The advisory committee scheduled a meeting for Monday, April 29 at 5 p.m. at the Palmer Lake Town Hall.

Land use decisions

Ordinance 4-2023 was considered at the April 11 meeting. Town Attorney Scott Krob said that the town’s municipal code did not address the procedure and criteria for the annexation of land. Krob advised the approval of the ordinance, which would add language to the code to clarify the conditions under which land could be annexed into the town. He said annexation is a matter of negotiation between the town and the property owner and the town’s masterplan should be considered in that negotiation but was not binding. The board voted unanimously in favor of adopting the ordinance.

At the same meeting, the board voted unanimously in favor of Resolution 24-2024, which establishes checklists written by Town Administrator Dawn Collins to guide land use applications through the approval process.

The board debated modifying the definition of R4 zoning to allow the use of septic systems for multi-family residences. The question of septic use arose in response to a request from Rebecca Allbright and Philip Tedeschi to develop a “pocket neighborhood” adjacent to Ben Lomand Mountain. The proposed development is east of the railroad tracks in a location where the Palmer Lake Sewer Department can’t provide service. The board asked town staff to work with the Planning Commission to determine if septic systems could handle multi-family residences.

Sign policy discussed

At its April 11 meeting, the board tabled a request from Brenda Woodward, owner of Alpine Essentials, to place a sign advertising her business in a town easement. Woodward explained that she had asked to place her sign on the property of another business, as the board had previously suggested she do, but had been denied.

At the same meeting, the board asked the town staff to collect examples of wayfaring signs used by other towns and bring them to the April 25 meeting for the board to consider. Wayfaring signs direct visitors and tourists to parks, schools, public buildings, parking, and businesses. Staff collected examples from Estes Park, Alamosa, Parker, Monument, and several other towns.

The board did not choose a specific design but agreed that signs should be placed by Highway 105 at the north and south boundaries of the town. Ball and Havenar suggested that businesses should contribute to the cost of the signs.

Fire chief envisions wildfire resilience

Vincent said his goal was to lower the risk of wildfire to the town. Doing so would lower insurance costs for residents, he said. Vincent said fire was a given and his intention was to have a grass fire not a forest fire. He presented a seven-point plan:

  • Establish slash drop-off points.
  • Mitigate wildland fuel.
  • Adequately staff Fire Department.
  • Become a fire-adapted community.
  • Reduce insurance rates.
  • Properly dispose of biomass by burning it safely.
  • Engage with state government in Denver.

He discussed reducing fuel by encouraging homeowners to collect slash on their properties and participate in the town’s chipping program. Vincent said the town needed a more capable chipper and needed to identify a location where the chips could be accumulated and then burned. He suggested moving chipped fuel either to the Elephant Rock property or the dirt bike track north of the lake. The consensus of the board was that the Elephant Rock property was not a good location.

At the April 25 meeting, Ball discussed her efforts to locate a grant to help with purchasing a higher-capacity chipper. She said the grant she was pursuing required a documented plan for the chopper debris.

The board did not take any action following the discussion.

Special event permits

The board granted four special event permits:

  • Ducks Unlimited Dash Run, to be held on Sunday, June 9, on the east side of the Palmer Lake Recreation Area. Runners will check in at the pavilion starting at 7:30 a.m. A 5K and a 10K race will begin at 8:30 a.m. on the Santa Fe Trail. Ducks Unlimited raises money to preserve wetlands.
  • 24 Hour Run, hosted by Stride Events LLC, to be held Friday, Sept. 27 through Sunday, Sept. 29. Lance Pierce said $5 of every entrance fee would be donated to Palmer Lakes Parks and Trail Commission.
  • Cinco de Mayo Dinner Service, hosted by Joy on the Rock Church on Saturday, May 4 at the Town Hall. The event will include a worship service with music. Dinner will be served at 5 p.m.
  • Palmer Lake Wine Festival, to be held Saturday, Sep 14, at the Palmer Lake Recreation Area. The event will raise funds for Tri-Lakes Cares.

Stern to assist TLCA

In response to a question from a resident concerning TLCA’s temporary Certificate of Occupancy, Stern announced that he had been retained by TLCA as a general contractor to address the changes to the building required by the Pikes Peak Regional Building Department. Stern said he had been advised this was not a conflict of interest since he was donating his time to the TLCA.

Executive sessions

The April 11 meeting was followed by an executive session to discuss negotiating positions on a possible sale of town property.

The April 25 meeting was preceded by an executive session on the same topic. No actions were taken following either executive session.

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The next regular board meetings are scheduled for May 9 and 23. All meetings will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

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

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

Other Palmer Lake articles

Palmer Lake Board of Trustees, March 28 – Restoration of Elephant Rock cabins proposed

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) cancelled its March 4 meeting due to snow but convened on March 28 to hear a proposal from Lindsay and Richard Willan to restore six cabins and the long house at the Elephant Rock property. Town Attorney Scott Krob told the board that the application for annexation of the Ben Lomand property had been withdrawn. The board held a public hearing on a conditional use permit for a multi-family residential development in a C1 zone, followed by a vote on a resolution to grant the permit. It heard a request from Nikki McDonald to transfer a water tap from a property on Greeley Avenue to another property she owns. The board heard reports from Town Administrator Dawn Collins and Fire Chief John Vincent.

The March 28 meeting was preceded by an executive session.

Cabins could be asset to town, Willans claim

Lindsay and Richard Willan asked the board to reconsider its unanimous vote in 2023 to demolish six cabins and a larger structure called the “long house” at the Elephant Rock property. They proposed renovating the structures and using them as short-term residences for visitors to the spa they are planning to build at the property. They said the renovated cabins might also serve as office space, a yoga studio, an artist’s studio, or an art gallery.

The Willans showed the board a site map indicating the cabins and long house are outside the floodplain. They also presented a report from Darrell Yee, a consulting engineer, verifying the roof and walls of the structures were sound. The insurance policy the Willans have obtained for their spa can be expanded to include the cabins, they said. RE/MAX Properties was interested in providing long-term property management services.

The cabins and long house in their current state are worth $735,000, the Willans said, but after renovation would be worth $1.85 million. Under the Willans’ proposal, they would pay to renovate the structures, but the town would retain ownership. The Willans presented letters from Tri-Lakes Collaborative Counseling and from Smokebrush Foundation for the Arts indicating those organizations might finance some of the renovation work. Resident Cindy Powell said she was working on grants to finance the renovations and an “Adopt-a-Cabin” plan. Caryn Switey of the Wonders of Nature Forest School said the school was interested in providing funding if they could recoup their investment by receiving free use of a cabin until they had recovered their costs.

The Willans estimated their proposal would generate $60,000 annual profit to the town. They projected a total benefit to the town of $1.31 million when the increase in value after renovation is considered. Lindsay Willan estimated the renovation would take three years.

Following the Willans’ presentation, Mayor Glant Havenar said she was concerned the property might become a residential development in the future. She said it might be as long as six years before the town sees any financial benefit. Richard Willan said residential development at Elephant Rock could not happen without the consent of the board. Trustee Shana Ball argued that the current board can’t control future boards. Powell said the Willans’ proposal would save the town the cost of asbestos abatement and landscaping that would follow demolition of the cabins.

Town Administrator Dawn Collins said the Elephant Rock property is a planned unit development, which means the town has more control over the development process.

The board returned to their discussion of the Willans’ proposal later in the meeting as a separate agenda item. Ball said she likes the ideas the Willans presented. Trustee Kevin Dreher reminded the board it has voted three times to demolish the cabins. He said the Willans’ plan was not in the best interest of the town. Trustee Dennis Stern said he was optimistic but wanted to lock down the details of management.

Reid Wiecks, chair of the Parks and Trails Commission, echoed Dreher’s comments. He said if the cabins and long house were demolished the property would be unique in northern El Paso County. He argued using the property as a “passive park” would raise property values and increase property tax revenue received by the town. Wiecks characterized the Willans’ proposal as a seven-home residential development and argued the buildings were not historical, were likely built in the 1970s and therefore not eligible for grants to preserve historical buildings. He expressed concern that the Willans’ plan might conflict with the trail that has been proposed for the property and has been partially built.

Trustee Nick Ehrhardt said he had voted to demolish the cabins because there was no alternative proposal and if the Willans’ plan doesn’t work out, the town could still demolish the buildings because the town would own them. He liked the fact that the town is not responsible for management.

Collins said there was no overall plan for the Elephant Rock property and mentioned that using a portion of the site for a public safety building to house the Police and Fire Departments had been discussed in the past. She called for a meeting that would include all interested departments to work out a plan for the entire property.

Havenar said Trustees Jessica Farr and Samantha Padgett were excused from the meeting and she was reluctant to decide without their input. She felt the finances were not clear, and the proposal would mean a lot of work for town staff. She lamented the fact that the Elephant Rock property had become a burden and a cause for contention.

The discussion ended with the board deciding to hold a meeting with all stakeholders, including the board, the Parks and Trails Commission, the Planning Commission, and the Police and Fire Departments to build a consensus for how to develop the property.

Application for Ben Lomand annexation withdrawn

Attorney Scott Krob told the board that the United Congregational Church had withdrawn its application for the annexation of its Ben Lomand property. The board had suggested some changes to the annexation agreement that the church had submitted, but the church would not consider any changes to the agreement. The church’s attorney sent the town a letter indicating that if the town did not accept the original annexation agreement the church would withdraw its application, Krob said. The board was polled electronically and decided not to hold a special meeting to further discuss the application. On March 14 the church formally withdrew its application, Krob said.

Havenar said the board did not agree with the annexation proposal’s plans for the top of Ben Lomand mountain, the requirement that the town take responsibility for County Line Road, and the stipulation that the church would not need to manage changes through the town’s Planning Commission. The original agreement was not in the best interest of the town, she said.

“Pocket neighborhood” requires conditional use permit

A public hearing was held to consider a request from Rebecca Albright and Philip Tedeschi for a conditional use permit that would allow them to move forward with the development of detached single-family residences and duplex units between Clarence Street and Spruce Avenue, adjacent to Ben Lomand mountain. There would be a total of nine residences, Albright said, perhaps three single-family residences and three duplexes or five single-family residences and two duplexes. The “pocket neighborhood” would consist of smaller, affordable, attainable housing located around a common open space, Albright explained. The plan calls for the residences and duplexes to use septic systems since the town does not provide sewer service to the property, but the town’s municipal code does not permit multi-family residences to use septic systems.

Albright said the property is currently zoned C1 (general business and commercial zoning), but single- and multi-family residences are a conditional use of property zoned C1. She asked the board to grant a conditional use permit and to consider changing its water tap fees to help make the residences affordable. Collins said the town’s code would need to be amended to allow multi-family residences such as duplexes to use septic systems.

Krob said the resolution that would grant the conditional use permit would only take effect if the town amends by Aug. 1 its code to allow the use of septic systems for multi-family residences. The town would not change the code without parameters set by the town’s engineer to govern septic systems for multi-family residences.

The public hearing was closed, and the board voted in favor of Resolution 21-2024.

Water tap transferred

Havenar told the board that Nikki McDonald and John Cressman, both of whom had served as mayor of Palmer Lake, had recently sold a property on Greeley Avenue. Havenar was the real estate agent who handled the sale. Four water taps were associated with the property, but the buyer only wanted to build three houses, leaving one of the taps available, Havenar said. McDonald had paid the monthly charge for the tap and would like to retain ownership of the tap and transfer it to another property she owns, Havenar said.

The board packet noted that water taps can’t be transferred according to the town’s code.

The board voted unanimously to allow McDonald to transfer the tap to another property.

Administrative and Fire Department reports

In her administrative report, Collins told the board public works equipment operator Blake Bloom would start this week. An accounting clerk would start on April 8. Collins said there were no applicants for the supervisor position in the Public Works Department, so she had initiated some recruiting assistance to hire someone on a temporary basis. Unused wages would cover the recruiting costs, she said.

Collins commended police officer Adam Lundy for accepting the position of interim police chief following the resignation of Jason Vanderpool. She also congratulated officer Eugene Ramirez on his promotion to corporal. In April, a consultant would be brought in to review the Police Department and make policy and structure recommendations.

Lundy said there were lots of things in motion in the Police Department and he was glad to have the support of the town to get through the changes.

Fire Chief John Vincent told the board that the Tri-Lakes Center for the Arts had obtained a temporary certificate of occupancy, allowing the building to be open to the public. He said training on operating the department’s woodchipper was underway. He discussed how controlled burns can be used to reduce fire danger and mentioned a controlled burn near the Shiloh Pines neighborhood planned by the Forest Service that would take place over several days beginning in late May.

Vincent mentioned he had found a vehicle to replace the department’s Chevrolet Suburban after a search that began in October. He asked the board for authorization to purchase the replace vehicle for $35,000; the board authorized him to proceed with the purchase.

Executive session

The March 28 meeting was preceded by an executive session to discuss negotiating positions on a possible sale of town property and to receive legal advice concerning the separation of former Police Chief Jason Vanderpool.

No actions were taken following the executive session.

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

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

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

Other Palmer Lake articles

Palmer Lake Board of Trustees, Feb. 8 and 22 – Ben Lomand property eligible for annexation; stance on migrants debated

By James Howald and Jackie Burhans

At its meeting on Feb. 22, the Palmer Lake Board of Trustees (PLBOT) held a public hearing to decide if the property owned by the United Congregational Church was eligible for annexation by the town. Mayor Glant Havenar asked the board to approve a resolution declaring Palmer Lake to be a “non-sanctuary” town; she also asked it to authorize her to sign a letter drafted by leaders in surrounding towns to the El Paso Board of County Commissioners.

The PLBOT board considered updates to the town’s land use code. The lease agreement between EcoSpa LLC and the town was amended. The board held a workshop on its master fee schedule and voted to approve a new version of it. The location of the proposed pickleball courts was changed so that they would not be built over a water line. Finally, the board approved two special use permits.

Both meetings ended with executive sessions.

Property meets eligibility requirements

Havenar opened the public hearing on the eligibility of the Ben Lomand property for annexation into the town by saying the attendees were neighbors and by requesting they speak kindly. She and Town Attorney Scotty Krob said the sole topic of the hearing was whether the property was eligible for annexation and that all other issues would be handled later in the development process.

Dan Madison, a civil engineer representing the church, said the town had written an annexation impact report for El Paso County as required by the annexation process. The primary criterion for eligibility was one-sixth of the boundary of the property being contiguous with the town. Madison said the property met that requirement with 20% of the boundary being contiguous.

Havenar asked Madison to address the issue of water service for the proposed development. Madison said the developer does not want water service from the town; the lots would have private wells and the development would be self-sufficient regarding water. The developer did want the town to provide fire and police service, however. Madison pointed out that the developer initially wanted to remain in unincorporated El Paso County, but the town asked to be a partner in the development process.

Resident Roger Moseley raised several objections to the planned development, arguing that the impact report was “a terrible report,” mistaken on the issue of density, lacking information about costs, that the specifics of the development were not covered, and that there was a legal requirement for maps to be updated. Krob replied the impact report was prepared for the county, which had judged it adequate for its purposes. The maps needed to be updated before annexation, Krob said, but not before the determination about eligibility was made.

Resident Martha Brodzik said the impact report did not include a financial plan. She said she believed the town would be required to maintain a portion of County Line Road and that annexation would cost the town $77,000 a year in excess of the property taxes received. She said she was not in favor of or opposed to annexation, but she did not want to bear the burden of annexation.

Resident Johann Moum asked who the developer of the property is and if access to the proposed development would be through existing streets. He also asked about the intended lot sizes. Havenar pointed out these questions did not relate to eligibility.

Reid Wiecks, chairman of the Parks and Trails commission, said he was in favor of annexation but believed that one of the parcels would cut off a proposed trail. He objected to the Parks and Trails Commission not being involved in the annexation process. Havenar said the issue of trails was not relevant to the question of eligibility and the commission would be involved in the design phase of the process.

Two residents who did not sign the speaker log raised issues about water and fire prevention. Havenar said wells were managed by the state of Colorado. Trustee Shana Ball said the board was always conscious of the risk of fire.

Resident Bill Fisher said he believed the annexation agreement modified the existing land use code and he wanted residents to have a chance to comment on these changes.

Following the comments by the board and the public, Madison made his concluding remarks. He said the eligibility requirement was that the land be capable of development and that was the case. The impact report was done by the town, not the developer. A traffic study would be done during the development phase that would address roads. He explained the church is the owner as well as the developer and they intend to sell lots to builders.

Madison said he did not believe any connection to Capella Drive would be proposed, and that the primary access would be via County Line Road. Lots would be 2.5 acres and the trail issue would be addressed during the design phase. He said all tap fees would be paid and he believed development would reduce the likelihood of fire. He ended by saying the requirements for eligibility had been met.

Krob said if the board voted in favor of eligibility following the hearing, the next step would be a hearing on annexation, at which an ordinance would be voted on. The ordinance would do three things: annex the property, zone the property, and approve the annexation agreement.

Havenar closed the hearing, and the board voted unanimously to approve Resolution 13-2024, which finds the Ben Lomand property eligible to be annexed. The board also voted to hold an executive session on Wednesday, Feb. 28 at 5 p.m. to review the annexation agreement, and to hold a special session on Monday, March 4 at 5 p.m. to consider the annexation ordinance.

Brodzik objected to the schedule of the additional meetings, arguing there was no need to rush. She repeated her point about costs not being adequately considered. She said when the town was hit with costs for the annexation, she would send her portion of the bill to the board for them to pay.

Trustee Dennis Stern asked residents to send their concerns to the board via email and to be concise.

“Non-sanctuary” status debated

Havenar asked the board to approve Resolution 20-2024, which declares Palmer Lake to be a “non-sanctuary” town. The resolution also calls upon the president of the United States to secure the border and to enforce immigration laws. The resolution recognizes the importance of legal immigration.

Havenar said the county commissioners had issued a statement regarding “non-sanctuary” status and the mayors of some towns had made similar statements. She said her goal was to prevent the town from expending resources responding to the arrival of migrants. Ball said the town does not have space or resources to help migrants.

Trustee Nick Ehrhardt agreed the town does not have resources but said “it’s a far cry from that to proactively saying we are shutting the door before the door even exists … it’s regrettable that our neighbors have done so … this is an opportunity for us to stand apart.” He encouraged faith communities to help address the needs of migrants, said Palmer Lake was a sanctuary in many ways, and said he was a citizen of the planet.

Resident Becky Albright said she was disturbed by the resolution and did not see its purpose.

Havenar asked Krob if the town has a responsibility to migrants who might camp by the lake. Krob said “sanctuary city” is not a legal designation but was a political statement and concerns cooperation with immigration officials. “If you say you are a non-sanctuary city it doesn’t change your legal liabilities … it’s not really a legal question.”

Moseley asked: “Why are we not arresting bus drivers, shooting tires and burning buses?”

Brodzik said the town’s code prohibits camping and the code should be enforced.

Chief of Police Jason Vanderpool said camping is not a criminal offense. His officers could only ticket migrants camping illegally and require them to go before a judge. Since they were transitory, a trial and a fine might be ineffective, he said.

The board voted to approve the resolution. Ehrhardt and Trustee Samantha Padget voted no. Ball, Trustee Jessica Farr, and Havenar voted in favor. Trustee Kevin Dreher did not attend the meeting and was excused.

In a related matter, Havenar asked the board to authorize her to sign a letter, drafted by the mayors of Fountain, Green Mountain Falls, Calhan, Manitou Springs, Monument, Ramah and Colorado Springs, to the county commissioners, asking the commissioners to “engage in meaningful consultation with us, the mayors, before making public statements that have a negative impact on our communities.” The letter says the towns do not have the resources to support large numbers of immigrants. It asks for a collaborative approach from the commissioners.

Havenar said she supported the statement because it clarified the mayors would work together on the issue.

Ehrhardt voted against authorizing Havenar to sign the letter on behalf of the town. Ball, Farr, Havenar, Padgett and Stern voted in favor.

Land use code updated regarding annexation process

The board considered three updates to the town’s land use code, all of which would address deficiencies in the existing code regarding the annexation process. Krob said the first of the three updates was not ready for consideration, but the other two were ready. The second update would add language defining who can update the land use code, requiring a survey map when the zoning district map is changed, that zoning changes be initiated by the owner of the property or their representative and that the Community Master Plan be amended before approving zoning changes not in alignment with the plan. The third update defines a checklist of requirements for land use applications.

Collins and Krob emphasized that these changes would be temporary measures to fill gaps until the Planning Commission could complete its work on the land use code.

Brodzik objected to proposed changes, arguing they were a “cut and paste job,” and that the paragraph numbering was inconsistent. Krob responded that the language would be cleaned up by Municode, the company updating the town’s code, during codification. Brodzik asked for a line-by-line review of the town code, which she said the board had agreed to previously. She said the changes aren’t “ready for prime time.”

Havenar emphasized the temporary nature of the changes. Krob said the board can revisit the code at any time.

Moseley and resident Claudia Belcher said the process was too rushed.

Havenar said the board supported the town staff in the performance of their duties and that there were applications that needed to be addressed.

The board voted unanimously to table the first proposed update and to approve the second and third.

EcoSpa lease amended

Havenar told the board that the Willans had asked for their lease agreement to be amended so that the town would receive 8% of all rents received for rental of the annex building. The annex building was previously referred to as the gymnasium and community center.

Lindsay Willan said she and Richard Willan had spent $20,000 on an engineer’s report, soil tests, and a website and she believed the annex would be operational by early summer. She said they would pay the town a percentage of the profits rather than a fee per user of the annex.

Wiecks said he was concerned the Willans’ plans would prevent the construction of a trail around the perimeter of the Elephant Rock property. Lindsay Willans said the trail would be allowed.

The board voted unanimously in favor of Resolution 18-2024, which amends the lease agreement as proposed.

Master fee schedule adopted

Following a workshop on its master fee schedule held on Feb. 22, the board voted in favor of Resolution 15-2024, which amends the town’s master fee schedule. Trustee Farr voted no; the other trustees and Havenar voted yes.

Before the vote, Wiecks asked that fees for use of the baseball field be added. Collins said the fees should be discussed with the Little League before being added. Havenar said the fee schedule could be amended at any time.

The fee schedule can be found on the town’s website here: www.townofpalmerlake.com/documents. The amended schedule had not been published when OCN went to print.

Pickleball courts moved

In previous months, the board had discussed with Awake the Lake liability concerns caused by the fact that the pickleball courts were to be built over a water line. No clear agreement had been reached concerning who would pay if the water line needed maintenance.

The board voted in favor of Resolution 9-2024, which moves the location of the courts south, adjacent to the pedestrian bridge abutment on the west side of the lake, where they would not be on top of the water line.

Special use permits

At its Feb. 8 meeting, a special event permit was approved for an Easter egg hunt, to be held on Saturday, March 30, on the Village Green at 10 a.m. The event was organized by the Palmer Lake Arts Council and will include a visit from the Easter Bunny, crafts, and face painting.

At its Feb. 22 meeting, a special event permit was approved for an Easter service to be held on Sunday, March 31, at the Town Hall at 10 a.m. The service, hosted by Joy on the Rock, will be followed by brunch.

Executive sessions

The Feb. 8 meeting ended with an executive session for the board to receive legal advice concerning potential sale of town property, the lease agreement with Eco Spa LLC, and a Police Department complaint.

The Feb. 22 meeting ended with an executive session to receive legal advice concerning the potential sale of town property and negotiation of a possible lease of a portion of the Elephant Rock property.

No actions were taken following either executive session.

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The next regular board meetings are scheduled for March 14 and 28. In addition, there will be an executive session on Wednesday, Feb. 28 at 5 p.m. and a special meeting on March 4 at 5 p.m. All meeting will be held at the Town Hall. See the town’s website at www.townofpalmerlake.com to confirm times and dates of board meetings and workshops. Meetings are typically held on the second and fourth Thursdays of the month at the Town Hall. Information: 719-481-2953.

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

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

Other Palmer Lake Board of Trustees articles

Palmer Lake Board of Trustees, Jan. 11 and 25 – Ben Lomand annexation considered; TLCA closed to the public

By James Howald and Jackie Burhans

At its meeting on Jan. 25, the Palmer Lake Board of Trustees (PLBOT) held a public hearing to consider three land use issues. Of the three, the eligibility of the Ben Lomand property owned by the United Congregational Church for annexation by the town was the most contentious. At the same meeting the board continued its discussion of the conditional use permit it had granted to The Movement Church to use the Tri-Lakes Center for the Arts TLCA) building as a church.

The board also addressed a request to vacate a town right of way (ROW) on Petite Avenue. After some discussion, the board tabled a resolution concerning the memo of understanding (MOU) with Awake the Lake (ATL) regarding the proposed pickleball courts. The policy for public comments was also updated at this meeting.

At the board’s first meeting of 2024, held on Jan. 11, the board held a public hearing on a conditional use permit for a new business. It also voted on several resolutions appointing volunteers to commissions and boards.

Both meetings ended with executive sessions.

Board assesses eligibility for annexation

Mayor Pro Tem Dennis Stern opened the public hearing to consider a petition from the United Congregational Church to the town requesting annexation of 181.5 acres of land the church owns. The land in question is south of County Line Road, west of Indi Drive, and north of Capella Drive and is currently part of unincorporated El Paso County. The land is part of a larger property owned by the church, 163 acres of which are already part of the town. Stern said the applicant for annexation would speak first and then the public could comment. After public comments, the applicant would make a closing statement. Stern stressed the hearing was to assess eligibility only and other issues would be addressed later in the process.

Dan Madison, a civil engineer with Manheart Consulting, represented the church. His petition, included in the packet for the meeting, argued the property was eligible for annexation because:

  • More than 1/6th of the perimeter is contiguous to the town.
  • There is a community of interest with the town.
  • The land is rural and capable of being integrated with the town.
  • The annexation will not change any school district.
  • The land will not be divided without the consent of the owner.

Scott Krob, the town attorney, said the annexation process has three steps:

  • Filing a petition with a map, which has been done.
  • A determination of eligibility.
  • The annexation itself, which must be consented to by both sides.

Krob said the public hearing was part of the second step in the annexation process. He reviewed the criteria for eligibility detailed in the church’s petition.

Krob explained the consideration of eligibility would not be completed at the board meeting because the town was required to write an annexation impact report examining water, sewer, and electrical service, among other issues, and to submit that report to the county. The report was in progress and would go to the county in a few days, he said.

Krob said the public hearing would remain open until Feb. 2, allowing the county time to review the impact report.

Stern opened the public comment portion of the hearing. Resident Roger Moseley said the hearing did not meet requirements because the county had only had 22 days’ notice, not the 25 days required by statute. He went on to argue the property was not eligible for annexation because the town’s master plan was inadequate, the impact report had not been submitted, and the area to be annexed must be urban.

Resident Martha Brodzik said the town needed to consider the financial impact of annexation. Johan Moum said he was afraid the developer would change the nature of the development at some later time. Krob said issues of zoning could not be considered until after the annexation was complete.

Meggan Herington, the county Planning and Community Development director, said the Board of County Commissioners had received notice of the proposed annexation in early January and had asked her to tell the town what should be included in the impact report. She said she had sent the town a letter and asked that traffic and drainage studies be done, and that protection of Ben Lomand and existing trails should be considered. She said the commissioners would schedule a meeting quickly after receiving the impact report.

Residents made comments including:

  • That fire prevention costs be considered.
  • That residents should have input into the annexation impact report.
  • That the town would be better stewards than the county.
  • That the proposed development might lead to current residents needing to redrill their wells.
  • That 5-acre lots would be better than the 2.5-acre lots the Palmer Lake Planning Commission had approved.
  • That the presence of Native American artifacts in the land to be annexed should be considered.
  • That the draft of the annexation agreement had issues about the compliance of accessory dwelling units with code.

Trustee Jessica Farr said the discussion about annexation had been going on for years and if the land was not annexed the town would still be obligated to provide police and fire service to any residents due to the principal of mutual aid, but all tax revenue would go to the county, so the town would not be reimbursed.

Trustee Shana Ball said she supported the annexation because it gave the town control.

In his closing statement, Madison said he believed the eligibility requirements had been met and residents’ concerns would be addressed in the later steps of the development process. He said traffic, water availability, drainage, and environmental concerns would be handled in due course, and that the applicant had no intention to change the project as it proceeded through the development process.

Later in the meeting, the board voted to wait until its next meeting on Feb. 8 to vote on Resolution 13-2024, which would determine the Ben Lomand property’s eligibility for annexation.

Board closes TLCA to public

At the Jan. 25 meeting, Town Administrator Dawn Collins reviewed the background of the conditional use permit granted to The Movement Church to use the TLCA building as a church.

At its Dec. 14 meeting, the board granted The Movement Church a conditional use permit to use the TLCA building for church services. The Planning Commission had previously approved that use on a three-to-two vote with the requirement to complete inspections by the Fire Department and Pikes Peak Regional Building Department (PPRBD) and to resolve any violations. Collins said the PPRBD can’t complete its inspection without accurate plans, and the plans submitted included residential living accommodations. Residential living was never approved for the building. In addition, the fire inspection was incomplete because the fire chief had not been allowed access to some parts of the building.

Collins said the Fire Department had concluded the building was not safe and should not be open to the public, the town staff believed no one should be living there and she asked the board for guidance.

Fire Chief John Vincent said the only Certificate of Occupancy (CO) he could find was out of date and was approved in 1999 when the building was a garage. He said he had been asking the owner of the building for information since 2021 without any response and had been denied access to some of the building during his inspection. He recommended closure until the required information was provided.

John Cressman, speaking on behalf of The Movement Church, asked for more time to resolve outstanding issues. He said he had presented plans he had received from TLCA at a recent virtual meeting with town staff. The church was working hard to fix problems and many buildings had changed without updating their CO, Cressman said. In response to a question from Stern, Cressman said he did not know when accurate plans would be available.

Ball said she wanted to support the work that was being done but she had a concern about inadequate egress if there is a fire.

Krob summed up the situation by saying the building had no CO and a recommendation from the fire chief that it should be closed. The town could be liable. Krob recommended the town follow the recommendation of the fire chief.

Trustee Samantha Padgett made a motion to close the TLCA building to the public until the current issues were rectified. Krob clarified that the owner would need to obtain a CO and pass a fire inspection. The motion to close the building passed, with Trustees Ball, Nick Erhardt, and Padgett voting in favor and Stern and Trustee Jessica Farr voting no. Trustee Kevin Dreher and Mayor Glant Havenar were absent from the meeting.

Above: At its Jan. 25 meeting, the Palmer Lake Board of Trustees closed the Tri-Lakes Center for the Arts (TLCA) to the public due to fire safety concerns. In December, the board granted a conditional use permit to TLCA to allow the newly formed Movement Church to use the building for periodic church services. The conditions imposed by the Palmer Lake Planning Commission at its November meeting were that TLCA must complete inspections by the Palmer Lake Fire Department (PLFD) and by the Pikes Peak Regional Department (PPRBD) and address any issues that came up during those inspections. Palmer Lake Fire Chief John Vincent said that he had done a partial inspection and had some fire safety concerns but that he had been denied access to a portion of the building. He also said the PPRBD was unable to complete an inspection because it did not have current plans for the building, which had been substantially changed since it last had a certificate of occupancy in 1999. The board voted 3-2 to close TLCA until the issues were resolved. Photo by Jackie Burhans.

Request for vacation of ROW denied

During the public hearing at the Jan. 25 meeting, the board considered a request to vacate a town ROW on Petite Avenue. In his application to vacate, resident Brad Akers asked the town to eliminate Petite Avenue completely and to change the address of his house to an address on Verano Avenue. His application argued Petite Avenue is too steep to ever be developed as a road.

At the hearing, Akers said he thought his request complied with the town’s master plan.

Jim Brinkman, a surveyor working for David Sanchez, who owns property adjacent to Akers’, opposed the vacation until all options for access to Sanchez’s property were investigated. Claudia Beltran, another of Akers’ neighbors, spoke in favor of the vacation.

Collins pointed out the Planning Commission had voted against approval of the vacation. Krob said the town was under no obligation to give up the right of way and said the town should consider if the right of way could be of use in the future. A vacation would mean the town’s property would be gone forever.

The board voted unanimously to deny the request to vacate.

Liability issue complicates MOU

Krob told the board that the MOU between the town and ATL would need to address the liability questions arising from the presence of a town water line under the pickleball courts that ATL proposed to build. The MOU drafted by the town staff asks ATL to provide $20,000 to be placed in the Water Fund to cover the costs of any repairs needed to the water line. Collins said the intent was to release ATL from any further liability if repairs were needed in the future.

Farr and Ball questioned whether $20,000 was enough to cover potential repairs, and Ehrhardt asked for some insight into the amount from an engineer.

Stern proposed tabling the MOU discussion so that more information could be gathered, and the board voted to do so.

Public comment policy updated

Krob related to the board an incident at a board meeting in Wheat Ridge when a participant in a virtual meeting, using an assumed name, made a series of antisemitic and racist public comments. That prompted Krob to update Palmer Lake’s policy on public comments to prevent a similar misuse of the public comment portion of board meetings by adding that comments on items not on the agenda must be made in person or by email 24 hours before the meeting.

The town’s policy on public comments includes:

  • A speaker must be recognized by the mayor before speaking and should state their name and address for the record.
  • Comments must be addressed to the board as a whole and not to individual staff members.
  • Each speaker is limited to three minutes and can only speak once per agenda item.
  • The mayor has the discretion to limit the time or number of speakers on an agenda item and can require a speaker to leave the meeting if they do not observe decorum.
  • The mayor may call for a recess if lack of decorum interferes with the orderly conduct of the meeting.
  • The complete policy can be found in the board packet here: mccmeetings.blob.core.usgovcloudapi.net/palmerlake-pubu/MEET-Packet-a147a276fa7549728d977d0b2e8cb86d.pdf.

Moseley objected to the three-minute limit on public comments. Stern pointed out that the mayor had discretion to permit longer comments if necessary.

The board voted unanimously in favor of Resolution 12-2024, which adopts the updated policy.

Conditional use granted for Slap Shot Hockey

At the Jan. 11 meeting, a public hearing was held on a request from Nicole Tahmindjis for a conditional use in a C2 zone. Tahmindjis said she intended to open Slap Shot Hockey Lanes at 870-872 Highway 105. The business would provide a location for hockey players to do dryland training and practice shooting pucks using lanes that would return the pucks to the shooter, measure the speed of the shots and include special effects.

There were no comments from the public. Krob said Tahmindjis had met all requirements for the permit and the board voted unanimously to approve it.

Board and commission appointments

The board approved a set of resolutions at the Jan. 11 meeting that re-appointed volunteers to board and commissions:

  • Resolution 3-2024, which re-appoints Susan Miner, Lindsey Zapalac, and Tim Caves to the Planning Commission.
  • Resolution 4-2024, which re-appoints Reid Wiecks, Cindy Powell, Kevin Magner, and Garcia Woods to the Parks and Trails Commission.
  • Resolution 5-2024, which re-appoints Havenar to represent the town on the Pikes Peak Area Council of Governments.
  • Resolution 6-2024, which re-appoints Bob Miner, Eddie Kinney, and Kevin Dreher to the Board of Adjustments.

The board also voted in favor of resolutions to retain Green & Associates as the town’s auditor and to authorize the Parks and Trails Commission to continue its work on the Elephant Rock trail.

Executive sessions

The Jan. 11 meeting ended with an executive session for the board to receive legal advice concerning public comments and hate speech.

The Jan. 25 meeting ended with an executive session to determine negotiation strategies for the sale of town property and to receive legal advice concerning a Police Department complaint.

No actions were taken following either executive session.

**********

The next regular board meetings are scheduled for Feb. 8 and 22. 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

Palmer Lake Board of Trustees, Nov. 29, Dec. 14 and 21 – Town attorney steps back; 2024 budget adopted

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held a special meeting and an executive session on Dec. 21 to address reports in the media that Town Attorney Matt Krob was facing sexual assault, third-degree assault, and child abuse charges from an arrest in 2022.

At its regular meeting on Dec. 14, the board adopted a budget for 2024. In its capacity as the local licensing authority, the board considered an application to transfer a liquor license. The board held a public hearing to consider an application for a conditional use permit in a Convenience Commercial zone. Parks Commission Chair Reid Wiecks gave the board an update on recent progress on the trail and bridge work underway at the Elephant Rock property. The board considered several resolutions and ordinances. Finally, the board held an executive session following its Dec. 14 meeting.

Board supports Krob; retains his firm

Mayor Glant Havenar opened the special meeting on Dec. 21 with a call for public comments.

Resident Bill Bass, who served a term as mayor from 2021 until 2023, addressed Krob’s service to the town, pointing out that the board should not be swayed by hearsay and rumor. “This matter would never have come to light in the way it has had it not been for one person . . . probably 90 percent of the complaints from this party have been incorrect and frivolous, mean-spirited … accusations that were outright lies that damage the town and people. It should stop.” Bass said he supported Krob and his family, adding that Krob’s advice had benefitted his administration as well as Havenar’s.

Resident Bob Radosevich, who has served the town in many capacities over several administrations, also spoke in support of Krob, pointing out that no harm had been done to the town.

Havenar thanked Bass and Radosevich for their comments and opened an executive session. When the board reconvened to open session, Havenar read a letter to the board from Krob in which he said: “In light of the recent media and social media coverage relating to a personal matter that I am vehemently defending, I have decided to take a step back from representing the town until my personal case is resolved. In the meantime, our firm will assign another attorney to serve as the town attorney with significant experience representing municipalities.”

Havenar made a statement on behalf of the board expressing full support for Krob and for the representation of his firm. She said the board looked forward to his return.

2024 budget adopted

Havenar opened a budget workshop on Nov. 29 and said recent social media posts claiming the proposed 2024 budget “defunded” the police were incorrect. She pointed out the budget was balanced and asked for the support of the town.

Town Administrator Dawn Collins said progress was being made in how the town handles the budgeting process, with more involvement from department heads. The proposed budget reduces worker compensation premiums. Collins stressed that property assessments were delayed due to a special session of the state Legislature held following the failure of Proposition HH, and the proposed budget would need to be amended when those assessments were finally available. She said the budget provided a 5% salary increase for the Police Department; other departments would receive smaller increases. The budget included funding for a compensation analysis to provide an objective opinion for future planning.

Havenar said she was concerned about the Police Department getting a larger increase than other departments. Trustee Kevin Dreher expressed the same concern.

The board packet provided for the workshop (www.townofpalmerlake.com/meetings) contains additional details about the proposed budget. In previous budget discussions, the board prioritized roadway and drainage improvements and water infrastructure. The Water Fund budget has $500,000 for capital improvement projects. It is over $90,000 in the black.

The proposed budget adds these new staff positions:

  • A full-time deputy clerk in Town Administration.
  • A full-time equipment operator in the Public Works department.
  • A part-time code enforcement officer in Town Administration (code enforcement is currently handled by the Police Department).
  • A part-time records technician for the Police Department.

The proposed budget makes the following reductions:

  • Removes one part-time Town Administration staff member.
  • Reduces part-time Police Department hours.
  • Reduces part-time Fire Department hours.
  • Removes one part-time Public Works/Parks Department staff member.
  • Reduces capital improvement funding for roads.

At the Dec. 14 regular board meeting, the board continued its work on the budget with the consideration of Ordinance 26-2023, an emergency ordinance to adopt the budget.

Attorney Krob told the board that, although final property assessments were not yet available, he recommended that the budget be adopted at that meeting. He said the board would need to amend the mill levy portion of the budget when the final property value assessments were determined by the state. He warned that if the board did not adopt a budget by the end of the year, it would trigger a requirement for the state to impose a budget on the town that would include 10% across-the-board reductions in all line items. He explained an emergency ordinance to adopt the budget would take effect immediately, whereas an ordinary ordinance would take effect in 30 days, after the end of the year, triggering a budget to be imposed by the state.

The board voted unanimously in favor of Emergency Ordinance 26-2023, which adopted the 2024 budget effective Dec. 14. The board also scheduled a special session for Jan. 3 to amend the 2024 budget in light of the final property value assessment and its impact on the town’s mill levy.

Liquor license transferred

The board met as the Local Licensing Authority on Dec. 14 to hold a public hearing on the transfer of a liquor license. Justin T. Cline told the board he was opening Sundance Pit BBQ at 25 Highway 105, which previously had been La Rosa Southwestern Dining. He asked the board to transfer the liquor license owned by La Rosa to his business. Collins confirmed that Cline’s application was complete. There were no comments from the public and the board approved the transfer.

Conditional use permit for church granted

At its Dec. 14 meeting, the board held a public hearing to consider a request from Jeff Maddox of the Movement Church for a permit to use the building at 304 Highway 105, commonly called the Tri-Lakes Center for the Arts, as a church with services on Sunday morning. Maddox said properties in Convenience Commercial zones can be used as religious institutions if permitted by the board.

The Planning Commission approved the conditional use on a 3-2 vote on Nov. 15, with the requirement to complete inspections by the Fire Department and Pikes Peak Regional Building Department (PPRBD) and to resolve any violations.

Resident Roger Moseley argued the board should not grant permission to Maddox since Maddox is not the owner of the property. Moseley predicted problems with PPRBD if the permit were approved.

Krob asked Maddox if he was aware the building was not zoned for residential use and Maddox answered yes. Krob said permitting use as a church would not include residential use. He added Maddox would need to resolve any violations uncovered during inspections.

Havenar closed the public hearing and the board voted on Resolution 77-2023, which would grant the conditional use permit. Trustees Shana Ball, Kevin Dreher, Nick Ehrhardt, Jessica Farr and Dennis Stern voted yes. Havenar voted yes. Trustee Sam Padgett voted no.

Trail and bridge update

Wiecks told the board the current plan for the trails and bridges at the Elephant Rock property would, when complete, connect the town center to the property. The plan requires four bridges to be completed. A bridge replacing a temporary log bridge over Monument Creek has been replaced using $1,100 in Parks Commissions funds. The commission will also fund the second bridge. The design and construction of the bridges is being done by Air Force Academy cadets.

Resolutions

  • The board tabled Resolution 78-2023, which would have authorized a memorandum of understanding between the Town of Palmer Lake and Awake the Lake (ATL) to limit ATL’s liability for any costs resulting from the presence of town water lines underneath the proposed pickleball courts to a maximum of $20,000.
  • The board voted unanimously in favor of Resolution 79-2023, which authorizes a lease agreement between the town and CORE Electric Cooperative for the placement of an electrical vehicle charger on town property.
  • The board voted unanimously in favor of Resolution 73-2023, which accepts the water rate study by Chris Brandewie of Water Rates by Brandewie, LLC.
  • The board voted unanimously in favor of Resolution 80-2023, which authorizes an Intergovernmental Agreement between the town and the Colorado Department of Transportation regarding improvements on Spruce Mountain Road. The Pikes Peak Area Council of Governments provided grant funds for the design and construction of the improvements.
  • The board voted on Resolution 81-2023, which authorizes a professional services agreement with GMS Engineering Inc. to design improvements to the pedestrian walkway adjacent to Palmer Lake Elementary School. GMS secured a $150,000 grant for the project; the professional services agreement commits the town to pay GMS $218,000 to complete the scope of work. Farr voted against the resolution; all others voted in favor.
  • The board voted on Resolution 82-2023, which authorizes Dukes Electric Inc. to install Union Pacific Railroad-approved lighting on the pedestrian bridge between the town and the lake at a cost of $24,800. Farr and Stern voted against the resolution; all others voted yes.
  • The board voted unanimously in favor of Resolution 83-2023, which authorizes the town staff to complete the demolition of six cabins and one long building on the Elephant Rock property, including asbestos assessment and abatement.

Ordinances

The board approved two ordinances which have been discussed in previous board meetings:

  • Ordinance 24-2023, which adopts an updated sign code for the town. Stern voted no; all others voted in favor.
  • Ordinance 25-2023, which prohibits use of motor vehicles on undeveloped rights of way within the town. Farr was the only vote against the ordinance.

Executive session

Following the Dec. 14 meeting, the board held an executive session to develop negotiating positions on leasing a portion of the Elephant Rock property to Star View Ranch, to consider the employment contract with the town administrator, and to receive legal advice concerning a complaint against the Police Department.

The board returned to open session and voted to approve the employment agreement for Town Administrator Dawn Collins. Padgett and Farr voted against approving the agreement; all others voted in favor.

Above: At its special Board of Trustees meeting on Dec. 21, Town Administrator Dawn Collins wore her holiday spirit outfit. Photo by Jackie Burhans

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The next regular board meeting is scheduled for Jan. 11. The board will also meet on Jan. 3 to amend the 2024 budget. 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 (PLBOT) articles

Palmer Lake Board of Trustees, Nov. 9 – Proposed 2024 budget proves contentious

By James Howald and Jackie Burhans

The November meeting of the Palmer Lake Board of Trustees (PLBOT) opened with recognition of citizen volunteer Jane Garrabrant. The board held a public hearing on its draft budget for 2024. CORE Electric Cooperative proposed the installation of two electric vehicle (EV) chargers. The board considered a resolution to authorize a rate study in support of a stormwater enterprise fund. It set a date for a public hearing on a petition for annexation and voted on a resolution to authorize fire protection services for a small area of land in unincorporated El Paso County. The board approved road standards.

The board meeting was preceded by an executive session.

Jane Garrabrant honored

Mayor Glant Havenar and Town Administrator Dawn Collins recognized Garrabrant for her volunteer work in support of the town staff, especially her work on accounting issues. Collins said, “Her volunteerism has been invaluable in the last two months.”

Garrabrant praised the staff, acknowledging their dedication and expertise.

2024 budget hearing

Havenar preceded the public hearing on the proposed 2024 budget by correcting remarks she made in her mayor’s message to the town. She explained that the town was in fact on track to receive more sales, use, and excise taxes in 2023 than it did in 2022, but would receive less total sales tax revenue than was anticipated in the 2023 budget. The town had to return $80,000 to the state to correct an overpayment by a business to the state, she said, which reduced sales tax revenue. Havenar said the town would be more conservative in their approach to budgeting and rely less on optimistic revenue projections.

Havenar opened the public hearing to consider three budget alternatives. The first alternative excludes all new hires, provides minimal wage increases, and makes no other changes to departments. This alternative has a deficit just under $119,000 that would be covered by reserve funds.

The second alternative retains the six full-time and five part-time police officers currently employed, gives them all 3% wage increases and cuts operating expenses to cover the wage increases. This alternative has a $116,000 deficit.

The third alternative cuts all six of the part-time and one of the full-time police officers, proposes hiring a public works equipment operator and a deputy town clerk, allows for raises between 3% and 5% and moves capital funds to the Public Works Department. This option is a balanced budget with no deficit.

Trustee Dennis Stern suggested a fourth alternative: an across-the-board reduction of 2½% to all departments, which he calculated would cut $125,000 from the overall budget. After discussing the resolution on the Stormwater Enterprise Fund (see below), the board directed staff to add a part-time code enforcer to all the options.

Collins pointed out that at a budget workshop, the board directed the staff to prioritize infrastructure issues such as those for the water system and the roads.

Trustee Samantha Padgett asked why sales tax revenue from adult use cannabis sales was lower than projected. Collins acknowledged that the tax revenues had been overestimated. Trustee Kevin Dreher pointed out that without the cannabis revenue, the budget deficit would have been even higher. He said that concerns raised during the town’s consideration of adult cannabis sales such as traffic congestion and crime have not materialized.

In response to a question from Stern about the increase in utility costs, Collins answered that utility rates have increased in the last year.

Police Chief Jason Vanderpool said that the proposed reduction to the number of police officers would make 24-hour police coverage impossible. Traffic enforcement and DUI investigations are currently done by part-time officers, he said, and those services would not be provided if the part-time positions were eliminated. He objected to a 40% cut to the Police Department funding when the current funding is half of what comparable towns provide.

Resident Martha Brodzik raised concerns with the budget proposals. Increased tap fees were not correctly budgeted, she said, and tap fees and capital improvement dollars could not be used for operating expenses. She argued grant funds GMS Engineering obtained went into the Water Fund, but GMS Engineering was paid out of the General Fund. She said she did not accept the explanation offered by David Green, of David Green & Associates LLC, the town’s auditors. Brodzik also questioned the amount the town proposed to spend on professional services, arguing that more should be done by town staff.

Resident Jim Parco thanked the Town Council and the police and fire chiefs for their hard work. He said he believed sales tax revenues for 2023 would exceed the 2022 amounts by somewhere between 20% and 30%. Parco said he taught economics and was also in the cannabis business and had helped Bass estimate the sales tax revenue from cannabis sales when Bass was mayor. He reminded the board that in 2022 the town had voted to legalize adult use cannabis sales and voted against raising property taxes, even though it was known that the cannabis revenues alone would not solve the town’s financial problems. He pointed out that the town had done little to let the public know about cannabis sales, and the sales tax revenue from cannabis sales was delayed from February to April. Parco said he was optimistic about the positive impact cannabis sales would have on the town’s finances, especially if Colorado Springs did not approve sales in the next election.

Resident Roger Moseley said he was distressed to hear cuts to the Police Department were being considered. He echoed Brodzik’s concerns. In response to Moseley’s comments, Town Attorney Matt Krob said the purpose of the hearing was to consider the 2024 budget, not to rehash past decisions.

Havenar closed the public hearing, and the board scheduled a budget workshop to be held on Wednesday, Nov. 29 at 5 p.m. at Palmer Lake Town Hall.

CORE proposes EV charging station

Rob Osborn, CORE Director of Business Development, and Rob Liechty, CORE Member Energy Programs Director, asked the board for permission to place two Level III Fast DC EV chargers in the parking area at Primrose Street and Highway 105 on the west side of the lake. Level III chargers can bring an EV to an 80% charge in less than 30 minutes. The chargers would be free for the first month, then would charge residents at rates equal to what they already pay for residential electricity but would charge non-members more. The goal, Osborn said, was to serve members and to support rural development. The chargers would be added to a national network and EV drivers would be able to locate them through their car interface and would be attracted to get off the highway and spend some time in Palmer Lake.

CORE would pay for the installation and would own, operate, and maintain the chargers, they said. They asked the town to commit to a five-year zero payment lease, with the option to renew the lease twice. At the end of the lease, CORE would transfer ownership of the chargers to the town, or the town could ask CORE to remove them. ChargePoint operates a nationwide charger network and would support the proposed chargers.

The board directed Collins to investigate the possibility of a shorter lease and to bring the board a resolution to vote on at a later meeting.

Stormwater enterprise fund rate study debated

At its October meeting, the board asked staff to draft a resolution authorizing a rate study for a proposed stormwater enterprise fund. Collins put Resolution 73-2023 before the board at the Nov. 9 meeting; the resolution authorizes the rate study to be conducted by GMS Engineering at a cost of $18,500. A stormwater enterprise fund, which would guarantee a revenue stream by charging residents a monthly fee, is required for the town to borrow money to fund stormwater infrastructure that complies with state laws.

Moseley spoke against the resolution, arguing that the discussion has only addressed drainage issues on High Street, that the town does not adequately enforce municipal codes that require property owners to maintain their culverts and ditches, and that it would be a mistake to implement a stormwater enterprise fund until there is a stormwater drainage plan that covers the entire town.

Brodzik proposed using the General Fund to pay for stormwater infrastructure. She argued using the General Fund would eliminate costs required by an enterprise fund and would be fairer to residents. She also proposed the town consider holding a special election to put the question of a mill levy override to fund stormwater infrastructure before the voters. She pointed out that the failure of Proposition HH would mean increased property tax revenue for the town. Brodzik repeated Moseley’s suggestion to require property owners to better maintain their culverts and ditches. She suggested that the town hire a contractor to maintain culverts and ditches and bill recalcitrant property owners if necessary.

Collins pointed out that a special election would cost the town between $12,000 and $15,000. Havenar said the town did not have the staff to manage Brodzik’s proposals and she did not believe a mill levy could pass.

There was consensus on the board to do more to enforce code requiring property owners to maintain the drainage on their properties. Stern suggested waiting to see how much property tax revenues increase due to increased property valuations. Havenar predicted property valuations could begin to decrease in 2026.

The board voted to table the resolution until the end of the first quarter of 2024 and directed staff to add a part-time code enforcer to the town staff in the budget. Dreher voted against tabling; Ball, Ehrhardt, Farr, Havenar, Padgett, and Stern voted in favor of tabling the resolution.

Date set for annexation hearing

At the previous board meeting, the United Congregational Church presented a petition for annexation of its property at 3295 Palmer Divide Rd. to the board. At the Nov. 9 meeting, the board voted unanimously in favor of Resolution 74-2023, which schedules a public hearing on the annexation for Thursday, Jan. 25 at 6 p.m., as part of the regular board meeting set for that date.

Fire protection services authorized

In response to a request from El Paso County for the town to provide fire protection services to a small area of unincorporated county land at 5250 Eisenhower Dr., near Limbaugh Canyon, the board approved resolution 75-2023, which authorizes Fire Chief John Vincent to sign an agreement committing to provide the requested services.

Road standards amended

The road standards specified in the town’s municipal code have come under consideration during the board’s recent discussion of regulating use of the town’s undeveloped rights of way. Havenar expressed concern that the existing standards might require property owners to build costly roads to access their property.

The board voted unanimously in favor of Ordinance 23-2023, which removes the requirement that all roads be paved, and instead specifies that new roads must comply with county standards, which allows for less expensive roads to be built if usage will be low.

Executive session

The board meeting was preceded and followed by an executive session to consider the possible sale of public property, an asbestos estimate claim, the town administrator’s evaluation and contract, a personnel matter, and a Police Department claim.

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The next board meeting is scheduled for Dec. 14. The board will have one regular meeting in December to accommodate the Christmas holiday. 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 Trustee articles

Palmer Lake Board of Trustees, Oct. 12 and 26 – Use of undeveloped rights of way debated

By James Howald and Jackie Burhans

In October, at two board meetings, the Palmer Lake Board of Trustees continued a discussion of how to manage undeveloped rights of way (ROWs) that arose from its discussion in previous meetings of how to regulate use of recreational vehicles (RV) on private property. It continued its work on amending the town’s sign code and considered a study of Stormwater Enterprise Fund rates. Town Administrator Dawn Collins distributed a draft budget for 2024 and the board set a schedule for a public hearing and approval.

Three public hearings were held, each ending in a vote on a resolution. The board heard a petition for annexation from the United Congregational Church and granted three special event permits. The board heard a request to install an electrical vehicle charger on town property and comments from a resident regarding its accounting practices.

The Oct. 12 and Oct. 26 meetings were preceded by executive sessions, which were concluded after the regular meeting.

At the Oct. 26 meeting, the Pledge of Allegiance was led by Sarah “Buddy” Caldwell, who recently moved into Hilltop Ranch, a community living facility for disabled adults.

Use of undeveloped ROWs means risk for town

The board’s discussion in previous months of how to regulate the use of RVs on private property revealed a related problem: often undeveloped ROWs that belong to the town are used to move RVs to private property. Attorney Matthew Krob pointed out that this use of undeveloped ROWs can make the town liable should an accident occur. He asked the board to consider this risk before reaching a decision on the RV issue.

At the Oct. 12 meeting, Krob reminded the board that it has the authority and the responsibility to regulate undeveloped ROWs and that the board previously adopted the El Paso County road standards in 2021. Residents using a town ROW that have built a road or driveway to standard don’t present a problem, he said, but the town is liable when residents using an undeveloped ROW have not followed the road standards. When the town knows a resident is using an undeveloped ROW, the risk is even higher, he said.

Mayor Glant Havenar said requiring residents to abide by the road standards felt like over-governance. She argued Palmer Lake is unique and the road standards the town adopted might not be a good fit.

Krob pointed out that the standards allow for a range of road types, from simple gravel roads to more complex roads made from durable materials, with curbs and gutters. He suggested a review of the issue by the town’s engineering consultants.

Trustee Shana Ball raised the issue of driveway agreements, contracts between residents and the town that allow the use of town ROWs to access private property but make the resident liable. The agreements need to be renewed every year. Collins said the town had a good number of these agreements in place, but some are no longer valid because they have not been renewed. Krob said the legal counsel for the Colorado Intergovernmental Risk Sharing Agency (CIRSA), which insures the town, advises against the use of driveway agreements. Krob said the town should be moving away from driveway agreements.

Krob said the town needed to put the burden of compliance with standards on the developers of the property. Failure to do this puts the town at risk, he said.

In response to a question from Ball, Fire Chief John Vincent explained that the Fire Department also set standards for roads, requiring them to provide access for emergency vehicles at all times.

The board agreed to continue the ROW discussion at its next meeting.

At the Oct. 26 meeting, Collins emphasized the difficulty of conducting town business without clear standards in place.

Mark Morton, senior engineer at GMS Inc., explained the range of road types covered by the town’s adopted standards. He pointed out that the number of daily trips on the road determined which standard would apply.

Krob repeated that the town should move away from driveway agreements and should adhere to standards to avoid being sued. He explained that if the town made an exception in one case, all future developers could demand the same exception for their project. Owners using undeveloped ROWs should be required to comply with the standards, he said.

Collins said the board should address this issue consistently going forward rather than trying to remedy every current situation.

The board took no specific action following the discussion.

Sign code discussed; moratorium extended

At the Oct. 12 meeting, Havenar said she was uncomfortable with the exceptions proposed during the previous discussion of the sign code and concerned about which signs would be grandfathered in.

Krob said the staff needed direction on how to handle new signs, old signs that were never legal, and old signs that were legal at one time but don’t comply with the new sign code. If the board could clarify the issues, he would write their ideas into the code, he said.

Ball asked why this was before the board and not a matter for the Planning Commission. Krob said the Planning Commission gets its authority from the board.

Havenar said she had gotten complaints about the proposed sign code from businesses who felt the code made it difficult to do business in the town.

Krob agreed the discussion so far was causing concern among business owners. He added his sense was the board wanted the code to allow existing signs to remain unchanged, but he argued signs that were never legal should be required to comply with the new code. The board has policing power over signs, he said, and can demand signs comply or be removed. Sign compliance could be made a requirement to get a business license. Krob said the board needed to specify the maximum size for signs. He emphasized that sign content can’t be regulated.

Krob said he would continue to work on the sign code and recommended that the moratorium on new signs be extended.

At the Oct. 26 meeting, the board voted unanimously to extend the moratorium on new signs for six months.

Study of Stormwater Enterprise Fund proposed

Morton presented a proposal for a study to determine appropriate rates for a Stormwater Enterprise Fund to the board. The proposal specifies that GMS Engineering Inc. would review the town’s financial records relating to stormwater, as well as operating and maintenance costs for proper stormwater management, and would propose fees to support stormwater management that complies with state law. The study would cost $18,500, Morton said, would be completed within 120 days, and would include recommendations for establishing, operating, and billing for a Stormwater Enterprise Fund.

Trustee Dennis Stern asked if there was money in the budget for the study. Collins said the board has prioritized infrastructure issues, and the funds needed for the study were available. She said the current discussion was a chance to ask questions, and a resolution to approve the study would be brought to the board at a future meeting.

Resident Roger Moseley argued against the need for a stormwater enterprise fund, claiming it was an indirect way to get money for roads. He said drainage issues affected only hillside neighborhoods, his neighborhood did not have drainage issues and he should not be required to pay for problems related to stormwater.

Resident Marty Brodzik commented that it was impossible to remediate stormwater drainage problems in The Glen, as the streets had no room for culverts.

Morton pointed out that discharge of stormwater is regulated by the state, and the town will be fined if it does not comply with stormwater discharge regulations. Havenar said the town would not be able to obtain loans or grants unless a Stormwater Enterprise Fund is in place. Trustee Nick Ehrhardt said the entire town, not just the hillside neighborhoods, was responsible for proper management of stormwater.

The board took no action following the discussion on the expectation that a resolution would be brought back to them at a future meeting.

Draft of 2024 budget presented

At the Oct. 12 meeting, Collins distributed a draft of the town’s budget for 2024. The board voted to hold a public hearing on the budget at the Nov. 6 board meeting.

Public hearings and resolutions

At the Oct. 26 meeting, three public hearings were held.

A public hearing was held regarding Creighton Smith’s application for a conditional use permit to open a motorcycle maintenance business at 84 Highway 105. At the hearing, Ball raised issues about fuel storage, fumes, and proximity to a restaurant and residences. Smith said very little fuel would be stored on site and fans would be used to mitigate fumes.

Terri Hayes, president of the Tri-Lakes Chamber of Commerce, spoke in support of Smith’s application, arguing that the town needed tax revenue and should be willing to accept change.

Following the hearing, the board voted unanimously in favor of Resolution 69-2023, which approves Smith’s conditional use permit.

A second public hearing was held regarding James Wilson’s request to move an interior lot line on his property at 84 Highway 105, known as Wilson’s Corner. There were no questions from staff or the public at the hearing and the board voted unanimously to approve Resolution 70-2-23, authorizing the change to the lot line.

A third hearing was held regarding Maria Duran’s request to vacate and replat a property at the intersection of Buena Vista and Rosita Avenues. Collins said the staff supported the request and the board voted to approve Resolution 71-2023, granting Duran’s request.

Petition for annexation considered

Collins told the board that the United Congregational Church, at 3295 Palmer Divide Rd., has petitioned for annexation into the town. She said staff would bring back a resolution to approve the annexation at a future meeting.

Brodzik told the board that she opposed the church being annexed without relinquishing its water rights to the town. She asked that the church be required to commit to no future development on its property.

Krob said the details of the annexation would be worked out later in the process when there is a zoning request.

Special event permits granted

The board approved special event permits for three events:

  • The Funky Little Theater production of The Stinky Cheese Man, Saturday, Nov. 11 at 10 a.m. at the Town Hall.
  • The Second Annual Town Christmas Tree Lighting, Saturday, Dec. 2 at 5 p.m. at the Village Green next to the Town Hall. Santa Claus and his wife will attend, cocoa will be served, and there will be an ugly sweater contest.
  • A Christmas Musical Review, Friday, Dec. 15 at 7 p.m. and Saturday Dec. 16 at 2 p.m. at the Town Hall. The event will be put on by the Arts Council.

Electric vehicle charger proposed

Collins told the board that CORE Electric Cooperative had proposed the installation of an electric vehicle charging station on town property, with the location to be determined. The consensus of the board was to continue the discussion with CORE, but to clarify if the town would receive revenue from the charger.

Accounting practices questioned

Brodzik asked the board to explain why entries regarding water loan reserves and American Recovery Plan Act funds were in different locations in the town’s financial reports. Collins explained some items were moved to the cash position portion of the financial reports as part of the town’s cleanup of its financial reporting. Brodzik claimed the board is covering up serious errors in the past and pointed to voided checks as an example. Collins said that in the past there was no policy regarding voided and re-issued checks, but now the town has a register of voided checks. Collins offered to report on checks voided in 2022 if the board requested it.

Executive sessions

The Oct. 12 meeting was preceded by an executive session to discuss the potential sale of public property and to receive legal advice concerning a Police Department complaint.

The Oct. 26 meeting was preceded by an executive session to discuss the potential sale of public property and to receive legal advice concerning a Police Department complaint and a human resources complaint.

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The next board meeting is scheduled for Nov. 9. The board will meet only once in November to accommodate the Thanksgiving holiday. 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

Palmer Lake Board of Trustees, Sept.14 and 28. Elephant Rock property lease with option to purchase approved

By James Howald and Jackie Burhans

In September, the Palmer Lake Board of Trustees voted on a resolution authorizing a lease for a portion of the Eagle Rock property and on a resolution regulating recreational vehicle (RV) use and storage on private property. An ordinance governing signs was discussed and tabled. Palmer Lake Police Officer Eugene Ramirez was awarded Palmer Lake’s Life Saving Medal. The board granted five special event permits and appointed members to the Parks Commission and to the Community Development Advisory Board (CDAB). The board addressed several land use issues and hired a new accounting service.

The board held two executive sessions: one following the regular meeting on Sept. 14 and one preceding the regular meeting on Sept. 28.

Elephant Rock property lease.

At its Sept. 28 meeting, the board considered Resolution 55-2023, which authorizes Mayor Glant Havenar to sign a lease agreement with EcoSpa LLC, owned by Richard and Lindsay Willan, for 2.8 acres of the town’s Elephant Rock property. The lease includes an option for the Willans to purchase the land and an acknowledgement that the Planned Unit Development for the property will need to be amended, with any amendments to be reviewed and approved by the board at a future meeting.

Attorney Matt Krob pointed out that if the town terminated the lease, the option to purchase the land would also be terminated. He explained that any request by the Willans or by future owners to change the use of the land would need to be reviewed by the Planning Commission and voted on by the board following public hearings, so the town would retain some control over the future of the property even after it was sold. The town could also use a deed restriction to prevent certain future uses, he said.

The board voted unanimously in favor of the resolution leasing the property to the Willans with an option to purchase.

RV use and storage on private property.

At a workshop on Sep. 14, the board returned to its discussion of how RV use and storage should be regulated, focusing on RV use and storage on private property. At a previous meeting in August, the board passed an ordinance prohibiting RV use and storage on public property.

Havenar opened the discussion by explaining that RV use and storage had been mistakenly omitted from an update of the town’s municipal code. She said she had concerns about regulating residents’ use of their property.

Trustee Kevin Dreher said he had no issues with storing RVs on private property, but he favored limits and didn’t want people living in them on a permanent basis. He suggested using building permits to authorize residency in an RV only on empty lots when a house was being built on the property.

Trustee Jessica Farr said she did not want RVs connected to water and sewer systems. She suggested a one-year limit on RV occupancy.

Krob raised the issue of unimproved rights of way to the lot where any RV would be located and pointed out that if the town allowed use of an unimproved right of way by an RV, there would be a risk of liability for the town. Krob also said any ordinance regulating RV use and storage should include language prohibiting RVs to be used as accessory dwelling units.

Fire Chief John Vincent pointed out that there would need to be adequate access for emergency vehicles to any private property on which an occupied RV was present.

Resident Matt Stephen argued that, if no time limit on residency in an RV was set, it would be impossible to eliminate their use as a long-term residence.

Krob said he had enough direction from the board to draft an ordinance for consideration at the next board meeting.

At the Sept. 28 meeting, the board reviewed the ordinance Krob drafted using the input from the work session. The issue of RV owners using unimproved rights of way to reach the property where they would store their RV proved to be a sticking point. Dreher asked if waivers could be used to resolve the issue of liability. Krob said waivers might reduce but would not eliminate liability for the town and suggested that the town ask the question of Colorado Intergovernmental Risk Sharing Agency, the town’s insurer.

Trustees Shana Ball, Dreher, Nick Ehrhardt, Samantha Padgett and Dennis Stern, along with Havenar, voted to table the ordinance, with Trustee Jessica Farr voting not to table.

Sign code ordinance discussed, tabled.

At its Sept. 14 meeting, the board made another attempt to craft an ordinance regulating signs. Havenar said she had heard from businesses who felt that the ordinance in its current form was not business friendly. The draft under discussion, for example, specifies that neon can be used only for signs indicating the business is open, but O’Malley’s Steak Pub has had neon signs advertising brands of beer for several years. Krob said some signs could be considered historic signs and grandfathered in, but if they were ever changed or destroyed the new sign would need to be reviewed. He stressed that historic signs had to have been legally compliant at some point. Krob recommended a workshop on the sign ordinance.

The board voted to table further discussion of the ordinance until October.

Officer Ramirez honored.

Chief of Police Jason Vanderpool presented officer Eugene Ramirez with the Palmer Lake Life Saving Medal for his response to an attempted suicide earlier in the year. Ramirez and Monument Police Department Officer Dakota Degenhart responded to a report that an autistic individual was preparing to hang himself on Mount Herman. Ramirez and Degenhart located the individual and Ramirez supported him while Degenhart cut the rope from which he was already hanging. Together they administered first aid and got the victim down the trail to help. Without their actions, Vanderpool said, the attempt would have succeeded.

Special event permits granted.

The board approved special event permits for five events:

  • The Monument Academy Cross Country race to be held on Sept. 28.
  • The Funky Little Theater production of the Legend of Sleepy Hollow, scheduled for a 7 p.m. show on Friday, Oct. 13 and a 1 p.m. show on Saturday, Oct. 14 at the Palmer Lake Town Hall.
  • The YMCA Creepy Crawl 5K Fun Run, to start at 9:30 a.m. on Oct. 28 at the Palmer Lake Regional Recreation Area. A separate run for kids will start at 10:30 a.m. The course will circle the lake and continue on the Santa Fe Trail. Race ceremonies will start at 8:45 a.m.
  • The Rat Rods and Rust Car and Bike Show, to be held from 2 to 6 p.m. on Saturday, Oct. 28 at the Palmer Lake Regional Recreation Area. Jeremiah King, the event’s organizer, described rat rods as gigantic rolling pieces of art. The event will include a costume contest for kids and trunk treats.
  • Palmer Lake Outdoor Classic hockey tournament, to be held Jan. 5, 6 and 7 at the Palmer Lake Regional Recreation Area. Four high school teams will play on Saturday, Jan. 6 from 6-9 p.m. Adult hockey games will be held on Sunday, Jan. 7 from 9 a.m. until noon with a playoff game from 6-7:30 p.m. Fireworks are being considered for Saturday evening. The event is a fundraiser for Lewis-Palmer School District hockey and the nonprofit that organizes the event.

Appointments.

At the Sept. 14 meeting, the board voted unanimously to appoint Garcia Wood to an alternate seat on the Parks Commission.

At the Sept. 28 meeting, the board voted unanimously to appoint Padgett to represent the town on the Community Development Advisory Board, which advises the El Paso Board of County Commissioners concerning community development and use of Community Development Block Grant funds. The board also voted to support the applications of Ball and Farr to serve on the Wildfire Resiliency Code Board.

Land use issues.

At the Sept. 14 meeting, the board voted unanimously in favor of Ordinance 20-2023, which disconnects a parcel of land belonging to Jim and Laura Fitzgerald from the town of Palmer Lake. The disconnection was the final step in a process begun in August to resolve tax issues created when the Fitzgeralds and Jim and Pam Parco exchanged land in 2014, intending to improve access to their respective properties. The land swap resulted in the Fitzgeralds and the Parcos receiving tax bills from both the town of Palmer Lake and from El Paso County. The annexation and rezoning voted on in August along with the disconnection will result in the Fitzgeralds and Parcos each receiving just one tax bill.

At the Sept. 28 meeting, the board held a public hearing on an application by Annette Ruiz for a conditional use permit allowing the Ruiz family to build a home on a lot on Vale Street that is currently zoned C1, for commercial use. There were no comments from the public and the hearing was closed. The board voted unanimously in favor of Resolution 68-2023, which gives the Ruiz family permission to build their home.

A second public hearing was held on Sept. 28 to consider a revised application to vacate the town’s right of way on El Moro Avenue by Cindy Powell and Marilyn Redwine. Collins explained that the board had heard this request before, but some of the details of the previous request were not in order and the new owner of an adjacent property wanted to be involved in the process. There were no comments from the public, and the board voted unanimously in favor of Ordinance 21-2023, vacating the right of way.

The board also voted to approve Resolution 67-2023, which authorizes Havenar to sign a professional service agreement with the Community Matters Institute to rewrite the town’s land use code. Collins explained that the state Department of Local Affairs has provided $25,000 to help pay for the rewrite, with the town also contributing $25,000. Only Farr voted against the resolution.

New accounting service.

The board voted in favor of Resolution 66-2023, which authorizes Havenar to sign a professional services agreement with Kelly Books LLC to provide accounting services to the town. Collins explained the agreement is a monthly contract and the role of Kelly Books will change once the town hires an accounting clerk.

Executive sessions.

The executive session following the Sept. 14 meeting was convened to discuss the lease for the Elephant Rock property, the release of confidential discussion in executive sessions and the town administrator’s evaluation and contract review. No action was taken following the executive session.

On Sept. 28, the executive session preceded the regular meeting, also to address the Elephant Rock property lease and the town administrator’s evaluation. The same executive session was reconvened following the regular meeting. When the second part of the executive session adjourned, the board tabled consideration of the town administrator’s contract.

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The next board meetings are scheduled for Oct. 12 and 26. 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

Palmer Lake Board of Trustees, Aug. 10, 16, and 24 – Board extends permits and taps for former mayors’ property

By James Howald and Jackie Burhans

In August, the Palmer Lake Board of Trustees held two regular meetings, on Aug. 10 and 24, each ending with an executive session. The Aug. 10 regular meeting was preceded by a one-hour board retreat to review rules and roles. The board met for a third executive session, online only, on Aug.16, to receive legal advice on a human resources complaint and a personnel matter involving the police chief.

The board considered a resolution permitting John Cressman and Nikki McDonald, both of whom have served terms as mayor, to extend the expiration of building permits and associated water taps for four lots they own jointly on Greeley Boulevard. Mayor Glant Havenar, who was involved in the sale of the lots, recused herself from the discussion and the vote on the resolution.

The board held a public hearing and voted on a resolution and an ordinance concerning a request to annex and rezone parcels of land belonging to James Parco and James Fitzgerald. The board passed an ordinance regulating recreational vehicle storage and usage and considered next steps on creating a water enterprise fund. Three permits for special events were granted. A masterplan for Centennial Park was approved and two commissioners were appointed to the Parks Commission.

Above: At the Aug. 24 Palmer Lake Board of Trustees meeting, Cub Scout George Bartufiak, a third-grader at Larkspur Elementary School, led the Pledge of Allegiance that opened the meeting. Bartufiak attended with his mother and is in Larkspur-Monument Cub Scout Pack 217. The group met to fish at Palmer Lake on Sunday, Aug. 27. More information can be found on the pack’s Facebook page. Photo by Jackie Burhans.

Building permits and taps extended

A lengthy discussion preceded the board’s vote on Resolution 58-2023, which extends the building permits and associated water taps on four lots owned by Cressman and McDonald.

Town Administrator Dawn Collins summarized some of the background: Water taps had been issued for the lots, two of which have building permits in place, but a moratorium on land use applications had prevented the development planned by Cressman and McDonald. Now Cressman and McDonald want to sell the lots along with the associated building permits and water taps, she said. The resolution would authorize an agreement extending the building permits for one year, allowing the lots to be sold together or individually, along with the permits and taps.

Attorney Matthew Krob explained that people who own unused taps pay a monthly fee to support the water system even though the unused taps are not delivering any water. He said the municipal code was written to prevent people from buying water taps as an investment and from buying taps not associated with a specific lot.

Trustee Shana Ball pointed out that if someone were to purchase a water tap now, they would pay more than Cressman and McDonald paid.

Collins said that previously the town sold water taps for cash even though those sales were not in line with the municipal code.

Trustee Samantha Padgett argued the board was trying to create clear processes and that the processes in place when the taps were sold were not followed. She said she wanted to avoid the need for exceptions and the creation of new precedents. She suggested the taps should be considered abandoned so they could be resold by the town. Municipal code 13.08.060 says: “A water tap shall be deemed abandoned if a building permit utilizing the water tap has not been issued within one year from the date of purchase. If the building permit is allowed to lapse, the water tap shall also be deemed abandoned.”

McDonald pointed out that easement issues with CORE, the town’s power company, were preventing the plans for the lots from moving forward, and Cressman added that he had been paying the monthly fees for the unused taps since their purchase. He said he wanted to sell the lots and let the purchaser deal with the problems with CORE.

Following the discussion, the board voted unanimously in favor of the resolution to extend the building permits.

Cressman and McDonald appeared before a previous board on March 6, 2021 to discuss the lots and water taps. Details of that meeting can be found here: https://www.ocn.me/v21n3.htm#plbot.

Board approves parcel annexation and rezoning

The board held a public hearing and considered several items on the agenda to resolve a land use and property tax issue. First was an application to annex and rezone a parcel of land owned by James Parco, followed by a resolution on findings of fact and an ordinance to approve the request.

Parco explained that in 2012, he and his wife had purchased Lot 1 of a parcel of land in the Coldwater subdivision, where the Fitzgeralds had purchased Lot 2. One Lot was in the Town of Palmer Lake, and the other was in unincorporated El Paso County. Shortly after that, the Parcos and Fitzgeralds agreed to adjust the lot line between the two lots to improve access, swapping an equal amount of land. They had their properties surveyed, replatted, and filed documents by 2015. After that time, each property owner received two tax bills since they now each owned land in two jurisdictions. They later contacted the county assessor for advice on how to resolve the issue. Toward that end, Parco was now asking the town to annex and rezone his county property to incorporate it with his Palmer Lake land. Similarly, the Fitzgeralds would like their land disconnected from the town so they can incorporate it with the land they own in the county as one property. These actions would change the boundary line of Palmer Lake but not change its total property size.

Noting that the Palmer Lake Planning Commission had recommended approval of the annexation and rezone request on a vote of 7-0, Collins said that staff supports Resolution 60-2023 making findings of fact and Ordinance 18-2023 to annex and rezone Parco’s property as requested. The public hearing was closed with no comments, and the board voted unanimously to pass both the resolution and ordinance related to Parco’s request.

The last part of the solution would be to disconnect the Fitzgeralds’ land from Palmer Lake so they could incorporate it with their property in unincorporated El Paso County. The board directed the staff to draft the relevant resolution and ordinance and bring it back to the next board meeting.

Recreational vehicle storage ordinance passes

Completing a discussion begun in previous meetings, the board passed Ordinance 19-2023, which prohibits the storage or use of recreational vehicles on public property, with a 24-hour exception for loading and unloading, and sets parameters for the storage and use on private property that include 30 consecutive days of occupancy and prohibit connection to the sewer system.

The complete text of the ordinance can be found on the town’s web page here: https://www.townofpalmerlake.com/ordinances/regulating-storage-and-use-rvs.

Storm water enterprise fund next steps

At the Aug. 10 meeting, Ball made a motion requesting town staff to initiate an analysis of the steps needed to create an enterprise water fund. Collins and Krob will oversee the effort.

Special event permits approved

The board approved special event permits for:

  • The Lewis-Palmer Middle School Cross Country Meet, to be held on Sept.13.
  • A Melodrama Play to be put on by the Palmer Lake Arts Council on Oct. 6 and 8.
  • The Ninth Annual .5K Race, a fund-raising event for Awake Palmer Lake, to be held on Oct. 15.

Centennial Park master plan approved; commissioners appointed

At the Aug. 10 meeting, the board approved Resolution 52-2023, which approves the Parks Commission’s master plan for Centennial Park. Parks Commission Chair Reid Wiecks said the plan was an update of three previously developed plans. Trustee Kevin Dreher thanked Wiecks for his work on the plan.

At the Aug. 24 meeting, Kevin Magner and Jennifer Nilson were appointed to open seats on the Parks Commission.

Executive sessions

The Aug. 10 meeting ended with an executive session to determine negotiating positions relative to lease agreements and a possible annexation and to address the town administrator’s evaluation.

The virtual executive session held on Aug. 16 was for the purpose of receiving legal advice concerning a human resources complaint and a personnel matter involving the police chief.

The Aug. 24 meeting ended with an executive session to determine negotiating positions relative to lease agreements.

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The next board meetings are scheduled for Sept. 14 and 28. 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.

Above: At the Aug. 24 Palmer Lake Board of Trustees meeting, Cub Scout George Bartufiak, a third-grader at Larkspur Elementary School, led the Pledge of Allegiance that opened the meeting. Bartufiak attended with his mother and is in Larkspur-Monument Cub Scout Pack 217. The group met to fish at Palmer Lake on Sunday, Aug. 27. More information can be found on the pack’s Facebook page. Photo by Jackie Burhans.

Other Palmer Lake Board of Trustees articles

Palmer Lake Board of Trustees, July 12, 13, and 27 – Water rates to rise 5% annually

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) met three times in July: regular board meetings were held on July 13 and 27 and a workshop was held on July 12. The board continued its work on water rates, the future of the Elephant Rock property, and how to regulate recreational vehicle (RV) use and storage on private and public property. The board heard an audit report on its 2022 budget. It held two public hearings, both of which led to votes.

The board voted on a resolution facilitating cooperation between the Palmer Lake Police Department and surrounding police departments. It revised the priorities for maintaining the water and sewer system documented in its Preliminary Engineering Report and renewed the intergovernmental agreement that regulates the town’s ambulance service. The board considered a special event permit and recognized Focus on the Forest volunteers for their work to eliminate graffiti.

The July 12 meeting was preceded by an executive session to develop negotiation strategies regarding the lease agreements for the EcoSpa and the Star View Ranch, and regarding the intergovernmental agreement (IGA) between the town and the Monument Fire Department. The July 27 meeting was preceded by an executive session to discuss a letter of intent concerning the Norris Hay Ranch.

Water rates to increase 5% annually

At the water rate workshop on July 12, water rate consultant Chris Brandewie presented several scenarios to the board which were designed to fully fund the town’s water service and allow for the accumulation of reserve funds earmarked for future capital improvement projects. The different scenarios also addressed questions and concerns the board members had expressed in previous discussions. The board asked Brandewie to modify the rate structure one last time for final consideration at the board meeting scheduled for July 27, at which time a final vote would be taken.

At the regular board meeting the next day, the board returned to the issue. Director Dennis Stern and Town Administrator Dawn Collins summarized the rates changes they had directed Brandewie to work out as a 5% increase in the water base rate and water usage charges, changes to the tier structure, and a 5% increase in future tap fees.

Resident Roger Moseley opposed the changes, arguing the increased base rate treated low-income families unfairly and that water funds needed to go into their own bank account. Collins explained that different accounting codes were used to track water funds, that a separate bank account was not needed, and in fact separate bank accounts had proved convoluted in the past.

Mayor Glant Havenar said she wanted most of the increased revenue to come from increasing the base rate, not from increases in the tiered usage charges. She added the rates could be adjusted annually if necessary.

At the July 27 meeting, the board considered Resolution 54-2023, which documents all rate changes and projects them over a five-year period. The resolution specifies:

  • Beginning in 2024, water tap fees will increase 5% annually.
  • The water tiers will be redesigned, and usage rates will increase 5% annually beginning in January 2025.
  • The monthly base fee, which contributes to capital improvement projects and debt service, will increase to $85 per month for residential customers starting with the September 2023 billing. Commercial customers, out-of-town customers, and irrigation customers will pay higher base fees.
  • The rate increases will continue annually until the board directs otherwise.

The resolution, which contains tables listing all the water rate changes, can be found online at page < 90 > of the board meeting packet, available here: https://bit.ly/plbot-packet-230727.

In the discussion of the resolution, Director Samantha Padgett asked that the resolution be amended to add a sunset clause that would end the annual increases after five years unless the board took action to continue them. Havenar pointed out the board could alter the annual increases at any time. Padgett insisted that a sunset clause ending annual increases on Jan. 1, 2029 be added to it.

The amended resolution passed, with Directors Shana Ball, Kevin Dreher, Sam Padgett, and Dennis Stern, as well as Havenar, voting yes. Director Jessica Farr voted no, and Director Nick Ehrhardt was excused from the meeting and did not vote.

Elephant Rock property future debated

At the July 13 meeting, Collins told the board the Palmer Lake Planning Commission had met on July 19 and had recommended development at the Elephant Rock property stop, except for trail construction, until the master plan was complete. Havenar said she was not comfortable stopping the process.

At the July 27 meeting, the board continued this discussion. Havenar said the board was considering three concepts for the property: the spa proposed by Richard and Lindsay Willan, the wedding venue proposed by Franco Pisani and Lindsey Truitt, and the perimeter trail proposed by the Parks Commission. She also mentioned that the police and fire departments requested land to be reserved for a public safety building. Havenar said many ideas for the property were being informally proposed and the town did not have the staff or the insurance coverage to address them. The future of the cabins on the property was uncertain, as the draft master plan calls for them to be demolished, the town does not have staff to manage them, and the town’s insurer wants them boarded up and fenced before allowing residents to visit the Elephant Rock property.

Farr said she was grateful for the many suggestions about uses for the cabins. She said the board had decided to lease 2.8 acres to the Willans, proceed with the wedding venue proposal and reserve three acres for the police and fire departments, who will use the longhouse for training before it is demolished.

Havenar and Farr asked for comments from the audience. Gina Brenneman said moving forward without a complete master plan “appears to defy logic.” She asked for the neighbors’ request for peace and quiet to be considered and requested noise, safety, lights, the beauty of the site, quality of life and home values all be studied. She also suggested some of the land should be put into a conservation trust.

Havenar responded that the town owns the land so there is no need for a trust, adding that the cabins were uninsurable and this was preventing the town from opening the property to residents. She agreed to revisit the issue of a trust.

Richard Willan told the board he was willing to lease the cabins from the town, board up the windows and fence them off at his expense and then begin repairing them one by one. He offered to insure them at his expense and said he would form an LLC to manage them. He believed they could be rented to weekenders. Dreher, Farr, Stern and Havenar did not support Willan’s offer. Other residents spoke in favor of and against leaving the cabins in place.

Ball ended the discussion by saying the board would continue to look into the suggestions for the property.

RV policy takes shape

At the July 13 meeting, Havenar said a policy on RVs was needed because they currently were not addressed in the municipal code and the board wanted to prevent people living in RVs within the town limits. Town Attorney Matt Krob said the policy should make it clear RVs could not be used as Additional Dwelling Units, which are subordinate dwellings sharing a lot with a primary dwelling, whether attached or separate.

Ball questioned whether the town had the constitutional right to decide how people can use their property. Krob answered RVs could be regulated by towns just as towns specify setbacks and other regulations that affect private property. Boards are charged with administering affairs to ensure health and safety. Zoning and fire codes are examples of this, he said.

Collins said that at one time the municipal code did regulate RVs. Now the town frequently fields questions about residents residing long term in RVs on private property. She said the town’s regulations on short-term rentals prevent RVs from being used as short-term rentals.

Fire Chief John Vincent pointed out that RVs present fire and safety issues, arguing the single door and gray water disposal were concerns.

The discussion at this meeting ended with a consensus that RV use on public land needed regulation, and Krob said he would begin drafting a policy.

The RV discussion continued at the July 27 meeting. Krob put together questions for the board to answer to guide the policy development.

The board generally supported:

  • Storing RVs on private property.
  • Honoring setbacks when an RV is on private property.
  • RVs on private property can’t be permanently occupied.
  • RVs can have temporary electrical connections, but not water or wastewater connections.
  • Using Code Enforcement to address violations of policy.

The board generally did not support:

  • Specifying where an RV must be stored on private property.
  • Requiring RVs on private property be covered or screened.
  • Using RVs to camp on public property.
  • Using private property to store RVs as a commercial enterprise.

The board did not take a position on use of generators with RVs on private property.

Audit of 2022 budget shows good financial health

David Green, of Green and Associates, the town’s independent auditing company, presented the results of his audit of the town’s 2022 financial statements. His report gave the town an unmodified “clean” opinion, indicating the statements are in line with generally accepted accounting principles and provide an accurate picture of the town’s finances for 2022. He performed a risk-based audit designed to identify and address risks.

He reported some checks that were erroneously duplicated, but noted they were only paid once. He complimented the town staff for their cooperation with his work.

He said the town’s net position, a statement of what the town owns and owes, was $4 million, with $2.6 million in the General Fund and the rest in the Enterprise Water Fund. The town’s assets are mainly property tax receivables, Green said. He noted funds from the American Recovery Plan Act (ARPA) that have been received but not yet spent. Those funds are tracked, and the remainder is known, he said.

Green pointed out the Water Fund is its own enterprise, has its own financial statements and has its own opinion in his report.

Moseley asked Green to comment on the fact that $800,000 was budgeted for Capital and Operations and Maintenance but only $194,000 was spent. Moseley asked if that was reasonable. Green replied every budget should be as accurate as possible, but revenues and expenditures have to be estimated and it’s “easy enough” for some funds to be unspent. State law requires towns not to exceed their published budget, but spending less than what is budgeted doesn’t mean the budget should be adjusted down.

In response to a question from Havenar about why amounts don’t always match the budget on a month-to-month basis, Green pointed out that there can be a lag when invoices are presented. Accounting uses hindsight, he explained, and sometimes things are not reconciled until an audit is performed and charges made to incorrect accounts are adjusted. It was common to adjust accounting entries throughout the year, he said. Collins pointed out the accounting codes the town uses have changed over time and it wasn’t until 2021 that the town began to budget for capital items. Havenar said uncertainty about expenses and revenues sometimes required the town to budget high.

Green said he has seen constant improvement in the town’s financial processes in the eight years he has served as the town’s auditor. “It seems to get smoother every year,” he said.

Padgett asked if the Water Fund was under budget and Green answered expenses were $889,699 under budget and revenues were $245,435 less than expected.

Later in the meeting, the board voted in favor of Resolution 48-2023, which authorizes staff to file the 2022 audit report with the state.

At the July 27 meeting, in her administrative report, in response to comments that the town had misused ARPA funds, Collins affirmed with the board that the 2022 audit included a review of the town’s use of ARPA funds, with a positive result. She mentioned that when the town received the ARPA funds a call was held with the state, who agreed that water lines and a well were appropriate uses of the funds. There was no misuse of ARPA funds, Collins said.

Public hearings

At the July 27 meeting, the board held two public hearings, both of which led to votes later in the meeting.

The first public hearing concerned a minor subdivision request from Scott Phillips, who requested to subdivide his five-acre lot on Rockridge Road into three lots: a 2.5-acre lot for his home, a 1.4-acre lot and a 1.3-acre lot. The second and third lot would be developed later, he said. Phillips told the board the Planning Commission had unanimously supported his request.

There were no comments from the public on Phillips’ request, and the board voted unanimously in favor of Resolution 49-2203 approving his request.

The second public hearing was more contentious. Sylvia Amons requested a conditional use permit allowing her to develop her property at 56 Highway 105 as a mixed-use commercial and residential project. Amons said she had begun planning the project in 2018, but the town’s moratorium on water and sewer taps stalled it. She was also delayed by issues of the proposed building’s height and the number of floors. Amons said she wanted to develop the property as a three-story building within the town’s current height limitation, with commercial space on the bottom floor and two floors of residential units.

Collins said the Planning Commission decided the project complied with the master plan and would add needed housing to the town. Havenar pointed out that Amons’ plan was approved in 2018, with a height of 32 feet and two stories. Havenar also said the question before the board was not the design of the building but only the question of whether the property could be developed for mixed use. The property was currently zoned for commercial use, Havenar said. The plan would be considered later in the process.

Several residents spoke against the project, citing concerns with access to the lot, impact on traffic, the density, the proximity to other homes, the impact on neighbors’ views of Ben Lomond, location of trash receptacles, inadequate parking, lowering of property values, and turnover in the residential units.

Havenar and Krob pointed out, again, that the issue before the board was only whether to allow mixed residential and commercial use, and not the design of the building.

Ball pointed out that citizens wanted to see a mix of commercial and residential on the town’s main street. The state Legislature is pushing for more affordable housing, she said, adding Amon’s project addressed those concerns.

Havenar said a 30-foot-tall commercial building might be less to the neighbors liking than Amons’ project. The Planning Commission and the Board of Adjustment would work through all the design details later, she said.

The hearing was closed, and the board voted to approve Resolution 50-2023, granting Amons her conditional use permit for a mixed-use project, with Dreher voting no, Ball, Farr, Padgett, Stern and Havenar voting yes. Ehrhardt was excused from the meeting and did not vote.

Other votes

  • The board voted unanimously in favor of Resolution 47-2023, which renews a cooperative agreement between the Palmer Lake Police Department and El Paso County allowing the town to rely on the county when doing investigations involving child abuse and neglect.
  • The board voted unanimously to approve Resolution 51-2023, which updates the high priority task list in the Preliminary Engineering Report that addresses the town’s water system maintenance needs.
  • The board voted unanimously in favor of Resolution 53-2023, which revises an intergovernmental agreement between the town and the Monument Fire Department regarding ambulance service and medical transport to allow an annual fee rather than per-call fees, making it easier for the town to budget for the service.
  • A special permit was granted to Verity’s Village to hold a fundraiser in the form of a running event at the lake on Sept. 16.

Focus on the Forest honored

Jimmy Zelones, Tyson Reese, and Shawn Nielson of Focus on the Forest were presented with certificates of appreciation for their work removing graffiti from the reservoir trail. For more information, see https://focusontheforest.org.

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The next board meetings are scheduled for Aug. 10 and 24. 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

Palmer Lake Board of Trustees, June 8 and 22 – Board repeals water emergency ordinance

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held two regular board meetings in June, each preceded by an executive session. On June 8, the board repealed an ordinance declaring a water emergency and considered the creation of an enterprise fund related to water. It heard an update from Town Administrator Dawn Collins. It voted on two resolutions and considered participating in a block grant program and an advisory board. The board debated how to zone healing centers where patients can be treated with psylocibin mushrooms. A special event permit was approved. The June 8 meeting was opened with Palmer Lake Elementary School student Kaston Flake leading the pledge of allegiance.

At its June 22 meeting, the board heard a staff update from Assistant Town Clerk Julia Stambaugh. The board held public hearings followed by votes on two land use projects: the first a conditional use permit and the second involving requests to vacate rights of way and replat four lots into one. It heard a presentation on a grant for six pickleball courts planned for the west side of Palmer Lake just north of the pedestrian bridge. Finally, it granted a special event permit.

Water emergency repealed; enterprise fund considered

The board considered Ordinance 14-2023, which amends the municipal code to repeal a declaration of emergency regarding the water supply. Mayor Glant Havenar explained the change to the municipal code was necessary so that the board can proceed with its work on projects needed to maintain the water system which impact water rates. Town Attorney Matthew Krob said the town’s water infrastructure needs work and the emergency status would prevent lenders from funding needed improvements.

Resident Roger Moseley opposed the repeal, arguing that the town had not met the requirements to end the emergency such as acquiring new water sources. Moseley expressed concern that repealing the emergency would lead to more development subsidized by residents.

The board voted unanimously to approve the ordinance.

Trustees Samantha Padgett and Shana Ball said they were ready to move forward with the creation of an enterprise fund needed to finance the stormwater drainage project the board is considering. Collins provided a memo to the board with information regarding enterprise funds.

No motion was proposed, but the board agreed to move forward with the establishment of an enterprise fund.

Staff update, June 8

At the June 8 meeting, Collins updated the board on the status of the trail being designed on the Elephant Rock Property and on two recent resignations. She said a property owner next door to the Elephant Rock property had agreed to move an existing fence and the trail would be repositioned. She announced Deputy Town Clerk Julia Stambaugh had resigned her position to take a job in the private sector. Stambaugh was scheduled to stay through the end of June, Collins said. Collins also said Samantha Deeder had resigned from the Parks Commission.

The condition of Highway 105 south of Spring Street has been reported to the Colorado Department of Transportation, Collins said, and it has committed to patching the highway and improving the drainage.

Two resolutions passed

Police Chief Jason Vanderpool asked the board to approve Resolution 43-2023, which authorizes the renewal of a memo of understanding with all El Paso County agencies that those agencies will assist the Palmer Lake Police department in any case where a Palmer Lake officer is involved in a shooting. All officer-involved shootings must be investigated by an outside agency, he said. The memo, which covers a four-year period, has already been approved three times.

The board voted unanimously to approve the resolution.

Fire Chief John Vincent told the board that the LaFrance fire truck, built in 2001, one of two trucks owned by the department, had recently failed a pump test and was to be repaired. He said the truck needed too many repairs to remain in service and asked the board to approve Resolution 44-2023, which authorizes him to list the engine for sale. He said the funds from the sale would go to capital improvements or back into the budget.

The board voted unanimously in favor of listing the engine for sale.

Board agrees to join block grant program

Havenar asked the board to consider joining the El Paso County Community Development Block Grant (CDBG) program, which aims to address urgent needs, mitigate blight conditions, and benefit low- to moderate-income families using funds provided by the U. S. Department of Housing and Urban Development. It costs the town nothing to join, she said, and membership would help with grants and funding. Building these relationships ensures the town’s voice is heard.

The board voted to participate in the program and Trustee Ball volunteered to manage the town’s participation.

For many of the same reasons, the board decided to participate in the Community Development Advisory Board as well, which makes recommendations to the El Paso Board of County Commissioners concerning the use of CDBG funds. Ball volunteered to represent the town on the advisory board.

Healing centers zoned M1

The board debated Ordinance 15-2023, which adds healing centers where patients can receive treatment with psilocybin mushrooms to the list of conditional uses in areas zoned M1 general industrial. Havenar said no applications for healing centers had been received by the town to date, but she wanted to be prepared. Attorney Krob explained that if towns fail to establish zoning for the centers, then they can be anywhere in the town. Towns can’t refuse applications to create healing centers, he said.

The board voted to approve the ordinance, with Trustees Ball, Kevin Dreher, Nick Ehrhardt, Padgett, Dennis Stern and Mayor Havenar voting in favor. Trustee Jessica Farr voted no.

Special event permits granted

The board heard a request for a special event permit for The Springs 50 Trail Walk, which was held on June 9. Stambaugh, speaking on behalf of the applicant, told the board the event consisted of a group of 50 veterans walking from Palmer Lake to Fort Carson. The walk will provide a time for them to bond, Stambaugh said. The board voted unanimously to grant the permit and waive the event fee. The board also approved a permit for the Pikes Peak Library District to hold three concerts in the Village Green on Aug. 11, 18, and 25.

June 8 executive session

The board meeting was preceded by an executive session to receive legal advice regarding lease agreements at the Elephant Rock property, a possible annexation, and an Intergovernmental Agreement involving the Palmer Lake Fire Department, a complaint against the Palmer Lake Police Department and a personnel matter.

June 22 staff update

At its June 22 meeting, Stambaugh told the board that the audit of the town’s 2022 finances would be complete by July. She said the audit process was smoother this year because of recent changes to the accounting codes. Stambaugh said she expected the town’s insurance premiums to be lower due to improved training and compliance with CIRSA requirements. She mentioned tax revenues from the sale of adult use cannabis were beginning to come in and looked promising. She said the town was seeking an interim accounting service to help with bookkeeping and that Water Operator Steve Orcutt had provided feedback to GMS Engineering Inc. on their preliminary engineering report on stormwater drainage.

Conditional use permit granted

At its June 22 meeting, the board held a public hearing on an application by Curtis Claar for a conditional use permit in a Community Commercial (CC) zone. The permit would allow Claar to build a mixed-use commercial and residential building, with an electrical vehicle charging station in the parking lot, on a small triangular lot at the intersection of Primrose Street and Columbine Road. Claar’s application states the commercial portion of the building will house the office for his vehicle charging business and he will use the residential portion as his home. Claar said the Planning Commission had agreed to the concept. Ball said Claar’s proposal conforms with the town’s master plan.

There were no comments from the public and the hearing was closed.

The board voted unanimously to approve Resolution 45-2023, which allows Claar to move forward with his plan.

Rights of way vacated; replat approved

The board held two public hearings on applications from Cindy Powell and Duran Walton Ventures LLC to vacate rights of way on El Moro Avenue and on Bijou Avenue. A third hearing was held on a related application from Duran Walton Ventures LLC to replat 15 lots into five on which residences will be built. Havenar disclosed that she had been involved as a realtor in the sale of the lots a year previously.

During the first hearing, Krob pointed out that if the right of way for El Moro were granted, the town would still retain a right of way to build a trail on the property in question. The first hearing was closed quickly with no questions from the public.

During the second hearing, there were no questions about the vacation, but Drew Walton of Duran Walter Ventures LLC was asked about his plan to build on the replated lots. He said he intended to build small houses on the four lots, one for himself and his wife, and others for family members. The hearing was closed after that question.

There were no questions from the public on the third hearing.

Following the public hearings, the board voted unanimously in favor of Ordinance 16-2023, which vacates El Moro Avenue, Ordinance 17-2023, which vacates Bijou Avenue and Resolution 46-2023, which approves the requested replat.

Grant for pickleball courts

Tim Cares and Mike Pietsch told the board they had been offered a $250,000 grant to build six pickleball courts and a bathroom on the west side of Palmer Lake just north of the pedestrian bridge. The design they submitted, however, locates the courts over a water line, a pipeline that carries water. Acceptance of the grant would require the water line to be moved. They asked for the board’s thoughts on whether the grant should be accepted.

Havenar said she met with Cares, Pietsch, Orcutt, and Reid Wiecks of the Parks Commission. Other locations for the courts were discussed and rejected. Orcutt expressed concerns about the cost of moving the water line. She added that Awake the Lake (ATL) had committed some funds to the project.

Ball argued for accepting the grant even at the price of moving the water line.

Pietsch explained the courts would be for day use only, with no additional lighting. The courts would be open to the community at no cost but would also generate revenue by charging leagues and tournaments. In response to a concern from Trustee Kevin Dreher about possible cost overruns, Pietsch said ATL had pledged $100,000 over the amount of the grant.

Pietsch said the next step, if the town approved, would be to work on a more formal design for the entire project.

Krob advised the board to see more details before authorizing Cares and Pietsch to accept the grant.

June 22 executive session

The June 22 board meeting was preceded by an executive session to receive legal advice on a complaint involving the Palmer Lake Police Department, on a grant, and on a lease.

**********

The next board meetings are scheduled for July 13 and 27. 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 Trustee articles

Palmer Lake Board of Trustees, May 3, 11, and 25 – Board considers water issues and Elephant Rock

By James Howald and Jackie Burhans

In May, the Palmer Lake Board of Trustees (PLBOT) continued to grapple with water rates, urgently needed improvements to the town’s water system, stormwater drainage, and the future of the Elephant Rock property. The board has worked on these issues in some cases for years. The water system improvements, stormwater drainage issues and funding are complex in themselves and are interconnected. Together, they were the main topics of workshops and board meetings in May. The board heard a presentation from Awake Palmer Lake. Permits were issued for three special events.

Strategy for water rates proves elusive

At a workshop meeting on May 3, the board discussed a revised water rate study written by Chris Brandewie, the town’s water rate consultant. Brandewie’s study addressed the need to increase reserves to fund capital improvement projects. He recommended that capital projects costing $10,000 or less be paid with operating funds, and projects above that amount be paid with reserves, grants, or loans. Brandewie initially recommended adding $550,429 to reserves annually for capital improvement projects.

Brandewie’s study proposed three cumulative increases to the town’s base water rate:


  • To balance the water budget only, the monthly base rate for residential customers would need to be $80.02, an increase of $11.79 per month from the current base rate.

  • To add savings for improvements to the water system proposed by GMS Engineering Inc. (GMS) in its Preliminary Engineering Report (PER), the monthly base rate would need to be $92.88, a total increase of $24.67.

  • To add savings for capital improvement projects over the next 30 years, the base monthly rate would need to be $107.92, a total increase of $39.69.

Brandewie’s water rate study is posted on the town’s website here: https://www.townofpalmerlake.com/sites/default/files/fileattachments/board_of_trustees/meeting/packets/7814/scenario_0.1_and_sketches_palmer_lake_water_rate_study_wadd.pdf.

The board asked Mark Morton, the engineer who wrote the PER mentioned above, for his comments on the water rate study. Morton said he would defer to the study on the issue of balancing the budget, and he also agreed with the study’s conclusions on funding for capital improvements.

Mayor Glant Havenar questioned whether the best approach was to “rip the band-aid off” with a single large increase or use an incremental approach, perhaps increasing rates over a year. She also asked if increases to the tiers of water usage should be used in addition to increases in the monthly base rate. Morton pointed out that adjusting the usage tiers was a flexible approach but could motivate residents to reduce their water usage leading to a reduction in revenue from water service.

Trustee Shana Ball pointed out the need to address some issues in the short term while also planning for the long term.

The packet materials for the May 11 meeting documented feedback on the water rate study Town Administrator Dawn Collins had given to Brandewie, including:


  • Use a 30-year planning window.

  • Modify usage tiers to increase revenue.

  • Consider varying rates for restaurants and senior citizens.

  • Consider the priority 1 and 2 improvements in the water system Preliminary Engineering Report when calculating fees.

  • Consider increasing fees over a two- to three-year period.

The packet materials ask the board to confirm this approach and to add any additional direction to Brandewie.

At the May 11 board meeting, resident Roger Moseley gave the board his thoughts on water rates. Mosley discussed issues including basing rates on tap size, how to balance culinary use and yard watering, the impact of family size on water bills and whether to prioritize conservation. He argued operation and maintenance funding and capital improvement funding should be separated in financial reports. Moseley said the board should focus on operation and maintenance costs and should increase water fees by $30 per month.

Town Administrator Dawn Collins agreed that operation and maintenance funding should be accounted for separately, adding that change was already being made.

At a workshop on May 25, Brandewie presented a revised water rate study that addresses some of the questions asked by the board. The revised study presents several scenarios ranging from simply balancing the water budget using only increases to the base rate to balancing the water budget using only increases to the usage tiers.

To cover year-to-year operational costs using only increases to the base rate, without saving anything for capital projects, and factoring in the 3% annual increase in the base rate already planned for but not implemented in previous years, the base rate would need to go to $93.60, an increase of $25.37 per month from the current base rate.

Adding savings of 2% for planned improvements to the water system to the previous scenario would increase the base rate to $108.38, adding $40.15 to the current base rate.

Another approach Brandewie presented increased the number of usage tiers and their respective rates. Currently, there are three usage tiers:


  • 0 to 5,000 gallons charged at $8.40 per 1,000 gallons.

  • 5,001 to 10,000 gallons charged at $10.08 per 1,000 gallons.

  • 10,001 gallons and up charged at $12.10 per 1,000 gallons.

Brandewie proposed going to eight tiers, with the first tier being 0 to 3,999 gallons per month, and each subsequent tier providing an additional 1,000 gallons per month. The cost per 1,000 gallons of each tier would gradually increase from $1.73 to $3.99.

This scenario would generate $975,808 from base rates and another $745,186 from usage.

Another scenario proposed increasing tiers by 3,000 gallons and increasing the cost per 1,000 gallons by 15% between tiers.

The last scenario addressed how much the tiers would have to increase to balance the water budget without increasing the base rate. In this model the cost of each tier would increase by 37.5%.

Brandewie asked the board to give him direction about which of these scenarios to pursue. He also suggested the board consider raising the rates for the few out-of-town customers.

Following Brandewie’s presentation of his revised study, Havenar reiterated her preference for beginning with a large increase, arguing that the 3% increase in the base rate already scheduled was not adequate the balance the water budget. She said she wanted a solution that would not overwhelm a senior citizen who lives alone.

To address Havenar’s concern, Brandewie suggested making the first usage tier free so low usage customers would pay only the base rate. He also pointed out that if high usage tiers were too costly, large customers would pursue getting their own wells.

The board will hold a virtual meeting with Brandewie on June 7 to continue the discussion of water rates. Check the town’s website for meeting details.

Board sets direction for water system improvements

At the May 3 workshop, Morton reviewed the water system improvements called for in the PER he prepared for the town and discussed potential funding sources.

The PER lists three priority one improvements:


  • A new well into the Arapahoe aquifer. Morton said a new well is urgently needed because if one of the town’s existing wells was out of service the town will not have enough water to meet demand.

  • Upgrades to the water treatment plant. Radium mitigation technology needs to be added to the treatment plant and additional treatment capacity is needed to provide redundancy.

  • Six segments of pipeline need to be replaced. These segments are the most prone to failure.

  • The PER also listed three priority two improvements:

  • Build pipeline loop at County Line Road.

  • Build pipeline loop at Shady Lane.

  • Build pipeline loop at the southern boundary of the service area, adjacent to Red Rocks Ranch.

Turning these existing pipelines into loops is necessary to avoid water quality issues in the current pipelines, which have dead ends. The dead ends make it necessary to flush the pipelines of stale water, which wastes water. Pipelines that loop also provide a redundant water supply in the case of a pipeline break and help supply adequate water pressure to support firefighting.

The total preliminary cost estimate for priority one and two projects is just over $6 million, according to the PER.

To fund the water system improvements, Morton recommended the town begin by seeking a loan. If grants can be found, those funds can be used to pay down the principal on the loan, reducing interest costs.

Collins pointed out that the longer the town waits to begin on these improvements, the higher the cost will be. Havenar asked her to begin investigating financing options.

At the board meeting on May 11, Havenar and the board passed a resolution directing Collins to work with Morton to investigate funding for all the proposed water system improvements. Morton offered to update the costs in the PER, which is now a year old, adding that costs may have increased by 5% to 10% due to inflation.

At the May 25 board meeting, the board decided to pursue drilling a new well into the Arapahoe aquifer. Collins said BBA Water Consultants Inc. identified a location in the northeast section of Palmer Lake near County Line Road as the best location for the well. Collins said that $337,000 in American Recovery Plan Act funds were available to fund the well drilling investigation.

At the same board meeting, attorney Matt Krob proposed amending Ordinance 16-2018, an emergency ordinance that restricts the expansion of the water system. Krob said the emergency ordinance could be interpreted to prevent some of the planned water system improvements. Collins said the ordinance obstructed the creation of pipeline loops.

Moseley objected to Krob’s proposed amendment, saying he suspected the amended ordinance would enable development. He suggested town staff might be colluding with developers but offered no evidence this was true. He also argued the original ordinance says it must remain in place until the town has acquired new sources of water. Trustee Shana Ball pointed out that the proposed well could be thought of as a new water source.

Krob said he would redraft the ordinance and bring it to the board at a future meeting.

Design for stormwater drainage selected

The town’s plan to improve the quality of its stormwater drainage was discussed at the May 3 workshop. A previous board began developing this plan in May 2022 in response to a report from John Chavez, of Chavez Consulting LLC, that found that the town was not complying with the terms of its Municipal Separate Storm Sewer System (MS4) permit.

GMS did a study in April 2022 that presented three stormwater drainage designs to bring the town into compliance with its permit. Reporting on that study can be found in a previous issue of OCN here: https://www.ocn.me/v22n5.htm#plbot.

At the workshop, Morton said his understanding was that the board wanted to pursue the storm drainage design referred to as the “hybrid” design that would build a drainage system on High Street that would have underground and aboveground segments. The estimated cost is $885,000.

Morton explained that the drainage project requires the creation of a stormwater drainage enterprise fund. Such a fund is a prerequisite for borrowing the money needed to construct the drainage infrastructure. The fund would create a revenue source for the project by charging each resident a fee; those fees would cover debt service and the creation of a reserve to be used for future drainage improvements. The enterprise fund would cover the entire town’s drainage issues, Morton said.

Morton emphasized that the town’s MS4 permit obligates it to produce a good quality of stormwater discharge or face penalties. Krob said the entire town would be responsible for paying those penalties should violations occur.

At the May 25 meeting, the board approved a resolution confirming their choice of the hybrid design. Collins was directed to provide the board more detail on the required enterprise fund. She said the enterprise fund would need to be set up for a year and audited before the town could pursue other loans or grants to fund the improvements to drainage.

Wedding venue proposed for Elephant Rock

At the May 11 board meeting, Havenar said out of the several proposals to develop the Elephant Rock property that the board had received, two were still under consideration: one from Franco Pisani and Lindsey Truitt and one from the Joy on the Rock, a church in Palmer Lake.

Pisani and Truitt told the board they wanted to use the property as a venue for weddings and other events, preserving and restoring the main building and perhaps moving the children’s chapel as well. Pisani said his architect had inspected the site and he wanted direction from the board before committing to a more detailed analysis. Pisani said he envisioned having the site functioning as an event venue by the next bridal season and in later stages would add private suites and a chapel.

The board approved a motion to ask both Pisani and Joy on the Rock to present to the board at its next meeting.

At the May 25 meeting, Havenar said Joy on the Rock had withdrawn their proposal, but Pisani and Truitt were ready to present their plans for the property.

The materials for the meeting included biographies of Pisani and Truitt. In 1997 Pisani was the executive chef at The Villa in Palmer Lake. He left that position to become the food and beverage director at The Country Club at Woodmoor. In 2008 Jeff Hulsmann brought Pisani back to The Villa. Pisani now owns two restaurants in Old Colorado City—Paravicini’s and Ristorante di Sopra. Truitt is a Colorado Springs native with 10 years’ experience as an event coordinator.

Pisani and Truitt have named their project Star View Ranch.

John Nelson, the architect working with Pisani and Truitt, provided more details on the project. Nelson said his design would preserve the character of the old buildings. He said phase one would concentrate on the main building and phase two would involve moving two other buildings out of the flood plain to free up space for parking and for use as a park. He said one cabin would be retained for use as a restroom. The boiler and its plumbing would be abandoned and forced air HVAC would be installed.

Pisani said he was happy to include the Parks Commission and the Fire Department in his planning and would like to participate in the master plan for the property.Pisani said he sought a 10-year lease, with two options to renew for 10 years. If the town decided to sell the property in the future, he asked for the option of a first refusal. He also asked that the town not allow any other food and beverage businesses on the Elephant Rock property.

The town can expect revenue from rent and sales tax, Pisani said. He committed to generating $30,000 a year for the town after the first year of operation and said if revenues fell short of that amount, he would write a check to the town for the difference. He estimated $1.3 million in revenue for the town over the 10-year term of the lease.

History of lake and town presented

Linda Vier, Jeannine Engel, Jason Phillips, and Jeff Hulsmann presented a history of Palmer Lake at the May 11 board meeting. The presentation covers the geological history of the lake, the history of the town from the Long Expedition in 1820 to 1901, the fundraising efforts to benefit the lake beginning in 1994, the current water levels, and the work done to awake the lake.

The presentation is on the town’s website here: https://www.townofpalmerlake.com/sites/default/files/fileattachments/board_of_trustees/meeting/packets/7824/awake_the_lake_presentation_5-11-2023.pdf.

Special event permits

The board approved three special event permits:


  • Pikes Peak Library District Story Time, to be held June 8 from 10 a.m. to 12:30 p.m. in the Village Green. Denise Gard will bring her dogs to help tell the story of Dogs in the Wild.

  • Palmer Lake Historical Society Father’s Day Ice Cream Social, to be held June 18 from 2 to 4 p.m. in the Village Green. There will be live music, ice cream, and pie.

  • Palmer Lake Arts Council Shakespeare in the Park, two shows to be held on June 24 at 1 and 6 p.m. in the Village Green.

Please bring a lawn chair or picnic blanket to all three events.

**********

The next board meetings are scheduled for June 8 and 22. 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

Palmer Lake Board of Trustees, April 13 – Direction for water system and stormwater unclear

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held an executive session before its regular board meeting on April 13 to discuss leasing proposals at the Elephant Rock property and an annexation request. The regular meeting opened with a presentation from CORE Electric Cooperative on its project to rebuild the town’s electrical infrastructure. The board considered six special event permit requests. Two ordinances and four resolutions were voted on.

Town staff asked for direction on improvements to the water system, on the development of a master plan for the town’s water system, and on drainage improvement plans. A public hearing on the Revised Pikes Peak Regional Building Code was held before a vote was taken on its adoption and application. Finally, the board issued a proclamation.

Electrical infrastructure project on track

Robert Osborn, director of Business Development for CORE Electric Cooperative, updated the board on the status of the project to bring the town’s electrical grid up to current standards. Two years ago, CORE began working to replace poles, add adaptive controls, and improve fire safety, Osborn said. The project schedule was slowed by COVID and the supply chain issues that resulted from the pandemic.

Osborn said CORE would continue to communicate with the town through mailings, its website, and via the town staff.

Osborn mentioned the 6% rate increase in 2022 was the first in 13 years and he did not expect to see another increase in 2023. He estimated the electricity CORE delivers to Palmer Lake, 36% of which is now from renewable sources, would increase to 80% renewable by 2025.

Mayor Glant Havenar urged Osborn to remove unneeded poles as quickly as possible.

Special events permits granted

The board voted to approve six special event permits:

  • An Arts Council lecture at Town Hall on April 29. Kent Hutson was scheduled to speak about Artificial Intelligence technology.
  • The Tri-Lakes Kids Fishing Derby on June 3. Sponsored by the Lions Club, the annual fishing derby typically draws 250 participants. Trustee Jessica Farr said this permit will be reviewed in May in light of the water level in the lake at that time.
  • The Red Wine and Blue BBQ Dinner Dance on June 10. Food will be served on the Village Green. The event is a fundraiser sponsored by Awake Palmer Lake to pay for fireworks at the Festival on the Fourth, mentioned below.
  • Palmer Lake Elementary School Fun Run on July 4. The 41st annual fun run will benefit the elementary school.
  • The Festival on the Fourth. The event will run from 4 to 9 p.m. with fireworks at dusk, if conditions permit. It’s expected that 10,000 people are will attend to hear live music and enjoy Renaissance and street performers, balloonists, face painting, 10 food trucks and 30 other vendors. Admission is free, but there is a $10 fee for parking. Proceeds will be used to defray the costs of the event.
  • Palmer Lake Wine Festival on Sept. 9. About 1,500 attendees are expected at this festival, which benefits Tri-Lakes Cares and the Palmer Lakes Parks Commission. Havenar recused herself from the vote on this permit, which passed with the votes of Trustees Shana Ball, Nick Ehrhardt, Kevin Dreher, and Jessica Farr. Trustees Samantha Padgett and Dennis Stern were excused from the meeting.

Ordinances approved

The board voted unanimously to approve Ordinance 11-2023, which implements fees to recover the costs required to service land use applications, some of which require substantial work to complete.

The board also voted in favor of Ordinance 12-2023, which amends the town’s policy regarding short-term rentals (STRs). STRs with an accessory dwelling on the parcel will require a conditional use permit; fees will renew every 12 months from the date of first licensing; owner-occupied STRs are capped at 10% of residences and non-owner-occupied STRs at 5%; and applications and safety affidavits have been updated.

Resolutions approved

The board passed four resolutions at the April 13 meeting:

  • Resolution 28-2023, which authorizes the Parks Commission to create a trail on the Elephant Rock property. The proposed trail would begin at Kent Street, cross the creek and connect to the Creekside trail and proceed southeast to the pavilion. The resolution originally specified parking at Epworth Highway and Greeley Boulevard, but that was removed.
  • Resolution 29-2023, which directs a workgroup to draft a master plan for the Elephant Rock property. The workgroup will have representatives from the Palmer Lake Economic Development Group, Palmer Lakes Arts Council, Awake Palmer Lake, the Parks Commission, and residents adjacent to the property. The resolution calls for a 3-acre parcel adjacent to Highway 105 to be reserved for a future public safety building, a 2.8-acre area to be reserved for a spa and amphitheater, and for a walking trail to be included.
  • Resolution 30-2023, which reinstates the Intergovernmental Agreement between Palmer Lake and Monument Fire District, so that ambulance service will be uninterrupted as a more long-term agreement is negotiated.
  • Resolution 31-2023, which authorized Havenar to oppose Senate Bill 23-213, state legislation that sets new parameters for local control of land use policy.

Direction on water system improvements and drainage plans

Town Administrator Dawn Collins asked the board for direction on two issues that previous boards began work on but could not complete due to the complexity and high costs involved: improvements to the town’s water system and its stormwater drainage infrastructure.

In August 2022, GMS Inc., the town’s consulting engineers, submitted a plan that addressed three areas of concern: water supply and treatment, including a new well into the Arapahoe aquifer and improved radium treatment; distribution, which requires replacement of pipes with lead joints and redesign of pipeline loops; and future line extensions required by expected growth. Mark Morton, of GMS, told the board that these areas of concern needed to be prioritized to assist with the search for funding.

Collins pointed out that an emergency ordinance passed in 2018 restricted the town’s service area, and she asked whether it should be repealed, saying she needed board direction to inform her discussions with developers.

In terms of plans to improve the town’s management of storm water drainage, Collins told the board that GMS had presented a report in 2022 to a previous board on the High Street drainage basin that proposed three designs for handling stormwater. Costs were included in the report. A clear direction was not established by the previous board. Morton pointed out that a stormwater enterprise would need to be established.

The board agreed to return to both issues at its next meeting.

Public hearing and proclamation

A public hearing was held at the April 13 meeting on the adoption of the Revised Pikes Peak Regional Building Code. There was minimal discussion by the public, and the board voted to approve Ordinance 10-2023 to adopt and apply the revised code. Farr voted no; Ball, Ehrhardt and Dreher voted yes.

The board issued a proclamation declaring the week of April 23 to be National Library Week.

Executive session

The executive session addressed negotiating strategies concerning leasing town property at the Elephant Rock site, the terms of the IGA with Monument Fire District and advice from the town’s attorney on a possible annexation request from Challenger Homes at Ben Lomand Mountain.

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The next board meetings are scheduled for May 12 and 26. 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

Palmer Lake Board of Trustees, April 27 Strategies for water and drainage take shape

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) held a workshop to discuss water rates before opening its regular meeting on April 27. At the board meeting following the workshop, it voted on a resolution to formally accept a preliminary engineering report on the town’s water system. The board continued its discussion of how to handle stormwater drainage, and then took up the issue of security at the Elephant Rock property.

The board voted on a resolution that would authorize the acceptance of funds for the Main Street Design project. Finally, resident Marty Brodzik used the public comment period to ask questions about the town’s budget.

Rates analyst presents draft

At the workshop meeting, Chris Brandewie, of Water Rates by Brandewie, told the board he does water rate studies for smaller communities, many of which have never had a formal rate study done.

The first part of his presentation focused on the variables that need to be factored into a rates analysis. He stressed the benefits of a capital asset plan and a focus on being proactive not reactive. Potential funders like to see precise asset inventories in place, and asset inventories can help educate the public. Brandewie said he had worked with staff on Palmer Lake’s asset inventory and had access to information collected by GMS Engineers Inc., the town’s consulting engineers. The town has renewable surface water and ground water, he said, so supply is resilient. These assets formed the basis of his funding plan, he said.

Brandewie said assets that have a high risk of failure and high consequences of failure should be fixed first. Assets with a low risk of failure and low consequences should be monitored.

He mentioned three funding models: pay as you go, save money in advance of need, and seek grants.

Brandewie pointed out that the town’s reservoirs would fill in eventually and its long-term planning would need to accommodate that.

Mayor Glant Havenar raised the issue of how long the planning window should be—she pointed out that the town could grow 30% by 2045. She questioned whether it was fair to ask today’s ratepayers to fund repairs that might be decades away. She suggested a 25-year planning window.

Brandewie asked the board for direction on its priorities for capital improvement, which would help him determine how many dollars the town should be putting into reserve each year. He estimated that it would require $570,000 going into reserves each year to fund the replacement of the existing infrastructure. He said he realized that was not realistic.

In response to a question from the audience, Brandewie said the town had $600,000 in its Water Enterprise Fund and $132,000 for capital improvements.

Trustee Kevin Dreher asked Brandewie if he thought the town could raise money by selling water rights. Brandewie replied that his assumption was the town did not have enough water.

Havenar said she wanted to balance the town’s water fund, plan for the future, and determine a rate increase that would cover future needs.

Materials in the packet mentioned a new water meter system from Mountain States Pipe and Supply that will improve meter reading capabilities. When combined with the town’s meter analytic software, the meters would provide alerts, a customer portal, and other features.

Following the discussion, the board agreed to continue their planning at a workshop at 5 p.m. on May 3.

Preliminary report on water system accepted

The board voted to approve Resolution 35-2023, which formally accepts a preliminary engineering report on improvements needed to the town’s water system that was written by GMS Inc. in 2022 but never officially accepted by the previous board.

The report recommends many improvements, organized into three priorities:

Priority 1

  • A new Arapahoe formation well.
  • Groundwater treatment plant improvements.
  • Distribution system pipeline replacements on Park Street, Upper Glenway Street, Glenway Street, Valley Crescent Street, Shady Lane, and Hilltop Road.
  • Total preliminary project cost estimate for Priority 1: $4.75 million.

Priority 2

  • Distribution system looping redesign on County Line Road, Shady Lane, and Red Rocks Ranch Drive.
  • Total preliminary project cost estimate for Priority 2: $1.26 million.

Priority 3

  • Distribution system extension to serve properties on private wells.
  • Total preliminary project cost estimate for Priority 3: $4.07 million.

The complete water system improvement report can be found on the town’s webpage here: https://www.townofpalmerlake.com/water/page/water-system-studiesreports.

Stormwater strategy debated

The board returned to its discussion of how to manage stormwater drainage that it began at its April 13 meeting.

In May 2022, GMS prepared a report for the town that laid out three designs for a way to prevent flooding by building a system for stormwater that would keep it out of streets and gutters. The report proposed three alternative designs:

  • An above-ground design that would handle a 10-year flood and cost $400,000.
  • An underground system that would handle a 100-year flood and cost $2.08 million.
  • A hybrid system, with portions above and below ground, that would cost $885,000.

Mark Morton, representing GMS, told the board it would need to decide which alternative it wanted to pursue before searching for funding. He recommended establishing a stormwater enterprise fund as a next step. He pointed out that a properly managed discharge of stormwater was required by law, and the town could be fined if it does not comply with regulations.

Residents Roger Moseley and Marty Brodzik both argued against creating a stormwater enterprise fund.

The stormwater drainage report can be found here: https://www.townofpalmerlake.com/sites/default/files/fileattachments/public_works/page/6245/master_drainage_plan_report.pdf.

The board decided to add the drainage discussion to the workshop scheduled for May 3.

Security concerns at Elephant Rock property

Havenar told the board security issues at the Elephant Rock property needed to be addressed. The Colorado Intergovernmental Risk Sharing Agency (CIRSA), which insures the town, had concerns about the property, she said. Town Administrator Dawn Collins added that CIRSA had recommended that doors and windows be secured and “No Trespassing” signs be posted. She said she had requests to tour the buildings, so a security plan had to account for that access. Collins asked the board for suggestions on how they would like to improve security.

Havenar asked what would be required to be able to leave the gate to the property open. Collins said that would require grading a parking area and removing hazards. Dreher said he believed $5,000 was budgeted for securing the property and Collins confirmed. Trustee Dennis Stern said he was not comfortable spending $5,000 on something the town would be getting rid of.

Collins raised the issue of liability should someone be injured in one of the buildings.

Lindsay Willan, who with Richard Willan are working on a plan to use a portion of the property for a spa, said she believed other entities are interested in the property and have made offers. She asked if the board was waiting for a master plan before deciding on leasing any other the buildings. She said a decision on leases would make the issue of security moot. Ball said she would like to see all the offers and discuss them.

The discussion ended without a clear decision.

Main Street redesign funding

Collins told the board that a discussion about how to improve safety issues on Main Street, such as changes to parking and a crosswalk at Pie Corner, had led to a grant of $150,000 from the Multimodal Transportation and Mitigation Fund (MMOF) for the design of the improvements. Resolution 34-2023 authorizes an Intergovernmental Agreement with the Colorado Department of Transportation so that the town can accept the funds. The board voted unanimously in favor of the resolution.

Questions at public comments

Resident Brodzik asked the following questions during public comments:

  • Why is the 2023 Grant Fund monthly report the only fund that doesn’t show funds available beginning of year and end of year?
  • Why does the 2023 Grant Fund monthly report not reflect the Water Department’s budgeted expenditure of $259,000 for American Recovery Plan Act (ARPA) funds?
  • How is the Water Enterprise going to cover the budgeted $155,000 shortfall for operations and maintenance?
  • Where is the Water Enterprise Fund’s restricted capital monies, remaining actual $368,000 from 2022, and budgeted 2023 of $155,000?
  • Where is the missing actual 2022 $127,000 of ARPA monies in the Grant Fund?
  • Why doesn’t the Grant Fund show the actual 2022 $127,000 of ARPA monies as “infrastructure restricted”?

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The next board meetings are scheduled for May 12 and 26. 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 Trustee articles

Palmer Lake Board of Trustees, March 9 and 23 – Future of Elephant Rock property unclear

By James Howald and

Jackie Burhans

In March, the Palmer Lake Board of Trustees (PLBOT) continued to discuss the future of the Elephant Rock property without settling on any clear direction. The board debated snow removal policy and voted on an ordinance to regulate it. It continued to clarify its policy on short term rentals (STRs). A public hearing was held on rezoning lots in the Lakeview Heights neighborhood. The president of the D49 school board apologized to Mayor Glant Havenar for mistakenly identifying her as the person disrupting a school board meeting. The board voted to accept an offer to buy a small piece of property on Landsdown Street from the town.

Another public hearing was held on a request to amend the 2023 budget to properly account for the rollover of funds for projects that were not started in 2022. The board adopted revised building codes and put in place new policies to review developers’ requests and recover the costs of addressing them. The board authorized the mayor to pursue a grant from the state Department of Local Affairs (DOLA). It was announced that John Vincent, the acting fire chief, had accepted the position on a permanent basis.

The March 9 and 23 meetings both ended with executive sessions.

Many ideas for Elephant Rock

At the March 9 meeting, Richard and Lindsey Willans presented an updated version of their plan to use a portion of their property as a spa. They said they had abandoned their original vision of a village with a frontier theme, but they still wanted to use a swimming pool. They proposed the formation of a steering committee to plan the development of the spa. The Willanses said they have reduced the amount of land they need for the spa to 3.6 acres, and they would like to have a lease-to-own agreement with the town for that land. They offered to board up the buildings. They also said they had been approached by a restaurant association in Colorado Springs.

Other residents made other suggestions for how to develop the property. Nikki McDonald suggested the existing buildings could be used as a wedding venue to generate revenue for the town. Gene Kalesti agreed with McDonald. Reid Wiecks wanted assurance the land would never be used for housing. Amanda Hinnen agreed with using the property to generate revenue and estimated rehabilitating the buildings would cost $1.5 million. Samantha Deeder proposed using the property as an event center. Phyllis Head spoke in favor of leaving the natural beauty of the site unspoiled.

At the March 23 meeting, the discussion focused on planning and security. There was consensus among the board members that a plan was needed and that all stakeholders should have a voice but little agreement about whether the plan should cover the entire property or just portions that were the highest priority for development.

Trustee Jessica Farr, the liaison with the Parks Commission, which has been an active participant in the Elephant Rock discussion, told the board that the commission suggested the buildings be used by the Palmer Lake Police and Fire Departments for training. She proposed marking the trails with flags as a next step, supported further discussions with the Willanses concerning a lease for the land needed for their spa, and argued for three acres of the property to be reserved for a public safety building. She said the Parks Commission was considering how to raise funds.

Wiecks argued a master plan covering all 28 acres would be difficult to complete. He suggested the Parks Commission develop its own plan for a trail, a soccer field, and a music amphitheater. A more focused plan could take advantage of the upcoming months when outside work can be done. Wiecks said the Parks Commission had sent the board a letter with suggestions, including how to address the problem of trail users feeding horses on an adjacent property. Mayor Glant Havenar asked Wiecks to clarify if the Parks Commission wanted to develop a plan for the perimeter of the property and leave the future of the buildings in the hands of the Board of Trustees. Wiecks agreed with Havenar’s summary.

Roger Davis, the director and curator of the Lucretia Vaile Museum, suggested the property be named Chautauqua Park to recognize the importance of Chautauqua to the history of the town.

Throughout the discussion, Town Administrator Dawn Collins pressed the board to provide clarity on schedules, the role of outside agencies, how to secure the existing buildings, and which buildings will stay and which buildings will go.

Palmer Lake Chief of Police Jason Vanderpool told the board that middle and high school students were entering the buildings through different paths, creating security issues. He told the board the property is patrolled, and when trespassers are caught they are issued a summons to appear in court. Minors are required to bring their parents, he said.

Additional details about the plans for the Elephant Rock property can be found on the town’s website here: https://www.townofpalmerlake.com/community/page/elephant-rock-property.

Snow removal ordinance amended

At the March 9 meeting, Public Works Supervisor Jason Dosch outlined the difficulties his team faces keeping the roads clear of snow. Dosch said residents block roads and streets with snow from their properties, creating safety hazards. He asked that residents take responsibility for the snow on their properties. When his team is clearing snow from roads and streets, they don’t stop to address issues with residents, Dosch said. Collins said the town does not have an ordinance addressing the issue. Farr and Havenar were concerned that the town would be overstepping its authority if an ordinance was too strict.

At the March 23 meeting, the board took up an ordinance to clarify the responsibilities of residents in regards to clearing their properties of snow. Collins presented Ordinance 8-2023, which regulates snow removal and makes residents responsible for clearing sidewalks without damaging them and prohibits residents from putting snow on sidewalks, streets, roads, or other’s property without consent. The ordinance includes a fine not to exceed $2,650, the maximum penalty set forth in Chapter 1.12 of the town’s municipal code.

Collins said town staff is directed always to begin with education when there is a violation. Vanderpool said police officers always start with a warning and his officers were trained to talk to residents to encourage compliance.

The board passed ordinance 8-2023, with Trustees Shana Ball, Kevin Dreher, Nick Erhardt, Samantha Padgett, and Dennis Stern joining Havenar in voting yes. Farr voted no.

STR license renewals and inspections discussed

Havenar pointed out at the March 9 meeting that currently all STR licenses renew in May, creating a disincentive for operators to apply for licenses if they will need to renew in just a few months. Havenar suggested prorating licenses for the first year only and requiring renewal on the anniversary of the license.

Resident Roger Mosely raised the issues of STR safety inspections and parking requirements.

At the March 23 meeting, Collins presented an amended draft of the STR ordinance that changed the renewal date to the anniversary of the licensing date. An application for an STR license with the safety feature affidavit was included in the packet for the meetings. Collins said the direction from the board was not to implement regular safety inspections.

The amended ordinance specifies that if an accessory dwelling unit is used as an STR, the applicant must go through a conditional use acceptance process.

The board decided to have Collins bring back the ordinance in its final form at a future meeting.

Lakeview Heights lots rezoned

At the March 9 meeting, Collins presented the history of the rezoning proposal, explaining that rezoning the lots from R-3 (5,000-square-foot lots) to R-10,000 (10,000-square-foot lots) was discussed and approved in 1992 but an ordinance making the change was never passed.

Following a brief public hearing, the board voted unanimously to approve Ordinance 7-2023, which codifies the rezoning.

School board president clears up mistaken identity

John Graham, the president of the D49 School District Board of Education, apologized to Havenar for identifying her as the woman who disrupted a meeting of the D49 school board. His mistake resulted in a letter being sent to Havenar prohibiting her from entering any D49 buildings or attending any D49 meetings. Graham said he made the mistake even though he and Havenar had worked together in the past. He said Havenar was welcome in D49 in any capacity; Havenar accepted Graham’s apology.

Above: The Palmer Lake Board of Trustees poses for a group photo. Bottom, from left: Shana Ball, Samantha Padgett, Jessica Farr, and Glant Havenar (mayor). Top, from left: Nick Erhardt, Kevin Deher, and Dennis Stern. Photo by Jackie Burhans.

Town property sold

The board voted unanimously in favor of Ordinance 9-2023, which authorizes the mayor to complete the sale of a vacant 25,500-square-foot parcel of land adjacent to Landsdown Street to the Albright/Tedeschi party for $104,400 plus closing fees.

2023 budget amended

At the March 23 meeting, Deputy Town Clerk Julia Stambaugh explained that some road and water projects had been funded in the 2022 budget, but those projects were not begun in 2022 due to supply chain and vendor delays. The funds for those projects needed to be accounted for in the 2023 budget.

Havenar opened a public hearing on amending the 2023 budget. There were no comments from the public and the hearing was closed.

Documents in the board packet for the meeting specified some unused funds were budgeted for repaving and drainage projects and others were budgeted for water line replacement projects.

Following the hearing, the board voted in favor of Resolution 25-2023, which amends the 2023 budget as presented. Ball, Dreher, Ehrhardt, Havenar and Stern voted yes; Farr and Padgett voted no.

Board hears revised building codes

Building official Roger Lovell presented the 2023 Pikes Peak Regional Building Department (PPRBD) building codes, starting with a brief history of the organization, which was founded in 1966 with an intergovernmental agreement between El Paso Board of County Commissioners and the City of Colorado Springs. An additional five jurisdictions later joined, including the Town of Palmer Lake. PPRBD’s goal is the consistent enforcement of building codes throughout its region. The current Pikes Peak Regional Building Codes (PPRBC) in use are the 2017 codes which were adopted by Palmer Lake in June 2018. These codes apply only to construction and licensing and regulation of contractors. Each jurisdiction is responsible for its own land-use policies. Enforcement of these codes is paid for by the fees collected from developers, Lovell said.

PPRBD adopts new codes every six years, incorporating the latest model codes published by the International Code Council, which change every three years. The 2021 PPRBC adopts and amends the 2021 International Building, Residential, Energy Conservation, Existing Building Codes and, for the first time, the 2021 International Pool and Spa Codes. Newer codes, Lovell said, take advantage of new construction techniques and enhanced energy conservation and reduce ISO ratings and insurance premiums.

Electrical, plumbing, and conveyance codes are adopted by the state of Colorado every three years and must be adopted and enforced locally within 12 months. Local jurisdictions can amend but not weaken state codes; the 2023 PPRBC does not amend state codes which have not changed.

House Bill 22-1362, on reducing building greenhouse gas emissions, is the most significant of the model code changes, increasing the cost of initial construction while increasing energy efficiency and reducing operating costs. The 2023 PPRBC amends the 2021 International Energy Conservation Code by allowing additional options and serving as a stepping stone to full compliance. However, this must be adopted before July 1, 2023 by PPRBD and its members or the full unamended code will be required.

PPRBD began its 18-month review of the 2021 international codes in January 2021, followed by a public comment period after which changes were made to the PPRBC, followed by a second draft and comment period. The 2023 PPRBC was passed in December 2022 with public outreach including email, social media, presentations, press releases, media interviews, website alerts, networking events, and more.

Lovell fielded questions from the board confirming that PPRBC does not require electric vehicle plugs or solar readiness. Lovell noted that Palmer Lake Trustee Dennis Stern was the local representative to PPRBD and regularly attends its meetings. He also pointed out that there was a new PPRBD office on the north end that gives easier access to Palmer Lake residents.

Later in the meeting, the board held its first reading of Ordinance 10-2023 to consider the PPRBC. Stern said that PPRBD is doing a good thing to try to get this done before July 1 as he personally believes the new energy requirements are somewhat onerous and would spend a dollar to save a penny. Attorney Matt Krob explained that if an ordinance included a model code, it would have to be read and passed at the first meeting then read, passed, and adopted at the second meeting. The board voted unanimously to pass the ordinance on its first reading.

Development review service and reimbursement approved

At its March 23 meeting, the board unanimously passed two resolutions to authorize an interim development review agreement and to use a cost reimbursement agreement for collecting fees.

Resolution 26-2023 allows the town to collect fees from applicants, Collins noted, to reimburse the cost for professional review of proposed development plans submitted to the town. The resolution included a draft cost reimbursement agreement for use with applicants. The board directed Collins to come back with a final version for its approval.

Resolution 27-2023 authorizes a professional service agreement with Community Matters Institute (CMI) for interim development review for the town. CMI was chosen because it knows Palmer Lake’s land use code and helped to rewrite the town’s master plan. The town has some development applications that require review right now and doesn’t have time to put out a request for proposals for a reviewer, so it would like to involve CMI on an interim basis. CMI’s rates are $130 per hour for development review services, and Collins estimates the town would need 10-15 hours per month in the short term.

DOLA grant

Collins said she had been discussing a grant opportunity with DOLA that would provide matching grant funds to rewrite the town’s land use code. She asked the board to authorize the mayor to write a letter requesting the grant. The board voted unanimously to authorize the mayor to sign the letter.

Vincent accepts fire chief position

Collins congratulated John Vincent, who accepted the role of Palmer Lake fire chief as of March 15. Vincent was serving as interim fire chief before accepting the role permanently.

Executive sessions

The March 9 meeting ended with an executive session to discuss the Elephant Rock property, to discuss the sale of town property, and to receive legal advice in regards to litigation or possible claims against the town.

The March 23 meeting ended with an executive session to hear legal advice about claims against the town and terms of a possible lease agreement for the Elephant Rock property.

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The next board meetings are scheduled for April 13 and 27. 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

Palmer Lake Board of Trustees, Feb. 9 and 23 – Board hears proposals for Elephant Rock property

By James Howald and Jackie Burhans

In February, the Palmer Lake Board of Trustees (PLBOT) heard four proposals for how to use portions of the Elephant Rock property (ERP). The Board of Trustees, the Planning Commission and the Parks Commission all had new members appointed. The board considered two issues regarding the taxation of cannabis, heard questions from a resident on water fund accounting and municipal code changes, and continued to refine its policy on short-term rentals (STRs).

The board also considered two resolutions on behalf of the Fire Department. It granted a special-event permit and renewed a contract with a stormwater consultant. Chief of Police Jason Vanderpool told the board about a grant the Police Department had received. Finally, the board updated the town’s zoning map.

The Feb. 9 and 23 meetings both ended with executive sessions.

Police and Fire Departments and Parks Commission present Elephant Rock plans

At the Feb. 9 meeting, Interim Fire Chief John Vincent and Vanderpool requested that a three-acre portion of the ERP be reserved as a location for a public safety building. They requested that the land adjacent to Highway 105 be reserved. Mayor Glant Havenar noted their request, but no action was taken at the meeting.

At the Feb. 23 meeting, the board heard three presentations from members of the Parks Commission about how to use a portion of the ERP as a public park.

Cindy Powell gave the first presentation. In her plan, which she described as “more involved,” a trail would be built around the perimeter of the park, and the Creekside trail would be extended. The existing baseball field would be maintained and used for baseball and soccer. She proposed the land used for the park be placed in a trust specifying it could never be developed. She told the board she is working on grants to fund construction of the park and has met with the Mile High Youth Corps to seek their support, on a volunteer basis, to build the perimeter trail. She recommended keeping several of the existing buildings: the one with a basketball court, the dining hall, and the kitchen. She envisioned pop-up restaurants that would generate revenue for the town.

The next phase would be to fix up another building for the Palmer Lake Arts Committee to use for resident artists, art classes, and exhibitions. Powell proposed other existing buildings be rehabilitated in later phases of park development and said paid parking should be considered. She proposed a stage similar to the one in Limbach Park in Monument for musical performances. Powell said, “I would love to have a mill levy or a bond, whichever is best, to put a public safety building” on the property.

Gene Kalesti presented what he called a basic plan for the proposed park. Kalesti proposed a first phase including a perimeter trail, an open-air pavilion, a dog park, community garden boxes, and two paid parking lots. A second phase would add a nature center, beaver ponds, and bridges that would be built by the Air Force Academy Engineering Department. Kalesti argued for opening the ERP to the public as soon as possible to let the town become familiar with it. Kalesti said five members of the Parks Commission voted in favor of his plan with the stipulation that a baseball field be added.

Reid Wiecks gave the final presentation. He pointed out that the mission of the Parks Commission was to develop and maintain parks and trails. He said the entire ERP should be put into a trust so that it never leaves town control. Wiecks’ plan includes a perimeter trail. He envisioned a unique “signature park,” different from anything in Larkspur or Castle Rock. Wiecks recommended demolishing most existing buildings, arguing they are a liability to the town, constantly vandalized, and 10 times more expensive to rehabilitate than to demolish. He wanted to keep the two cabins that are in the best shape. Wiecks pointed out not reserving all the ERP for use as a park risks seeing the land used for another housing development and that trying to fund any plan using grants, which are competitive, is a mistake. He felt ballfields are easily renovated and maintained.

Residents shared their thoughts after the presentations. Bob Parsons advised the board to go slowly, and he supported Kalesti’s plan, which he felt had an appropriately slow start. He was also concerned about increased traffic on Epworth Highway and Shady Lane. Loren Burlage, owner of a property east of the ERP, expressed concern that park visitors would feed his miniature donkeys.

Residents spoke in favor of and in opposition to including a dog park in the plan.

Paul Olivier, who served previously as the mayor of Palmer Lake, reminded the board that money and work would be needed to maintain the park. He pointed out that there had been plans for Centennial Park that had never been realized due to lack of funding. He warned the proposed park might fall into the same trap.

New board and commission members appointed

At the Feb. 9 meeting, the board interviewed Nick Ehrhardt and Rich Keuhster to fill the vacant seat on the board resulting from Karen Stuth’s resignation. Ehrhardt told the board he grew up in Palmer Lake and had worked as an intensive-care nurse before joining his father Kurt Ehrhardt’s contracting business. He said he wants to build a resilient community. Keuhster said he had served as the town’s fire chief in the mid-90’s and had also served two terms on the board, including serving as the mayor pro tem. Kuehster said he was concerned about water supply, fire exposure, and developments in the town.

Trustees Shana Ball, Kevin Dreher, Jessica Farr, Samantha Padgett, and Mayor Glant Havenar voted in favor of appointing Ehrhardt; Trustee Dennis Stern voted no.

Above: On Feb. 12, at the Palmer Lake Board of Trustees meeting, new board member Nick Ehrhardt was sworn in. Ehrhardt was appointed to fill the vacancy left when Karen Stuth resigned from the board. From left are Mayor Glant Havenar, Town Manager Dawn Collins, and Ehrhardt and his family. Photo by Jackie Burhans.

At the Feb. 9 meeting the board voted unanimously to appoint Tim Caves and Lindsey Zapalac to the Planning Commission. Caves and Zapalac will serve two-year terms ending in January 2024.

At the Feb. 23 meeting, Samantha Deeder was appointed to a two-year term on the Parks Commission ending in January 2025.

Cannabis taxes clarified

At the Feb. 9 meeting, the board reviewed the issue of excise taxes on wholesale cannabis. Town Administrator Dawn Collins pointed out that the ballot question established the excise tax at 5% of the sales price of wholesale cannabis but also allowed that tax to increase as high as 10%. Collins asked the board to clearly establish the excise tax rate.

Two owners of cannabis businesses—Brenda Woodward and Dino Salvatori—spoke to the issue. Woodward said she was concerned the tax could rise to 10%. Salvatori agreed that a 10% excise tax left no room for profit, and pointed out that he could only find 16 municipalities that charged an excise tax.

Attorney Scott Krob, standing in for Town Attorney Matt Krob, told the board it could not change the ballot initiative that went before the voters.

Ball, Farr, and Havenar said they wanted more research done before voting on the issue.

At the Feb. 23 meeting, Krob gave the board his opinion that the state statute establishes an excise tax of 5% and the board could not raise it to 10%.

The board voted unanimously to set the excise tax at 5%.

At the Feb. 9 meeting, the board took up the issue of sales tax on retail cannabis by considering Ordinance 5-2022, which establishes a 5% tax on retail cannabis sales. The board asked that this ordinance be brought back in final form at the Feb. 23 meeting. At that meeting, a final draft of the ordinance that left the 5% rate in effect and corrected a reference to state statutes in the previous draft was approved by a unanimous vote.

Resident questions water fund accounting and municipal code changes

At the Feb. 9 meeting, the board discussed how much time Collins should spend responding to requests for information, given the significant number she has been receiving. The board agreed to direct Collins to spend about two hours per week.

Later, during the Public Comment agenda item, resident Roger Mosely said he had done his own calculations on what the water billing rate should be and asked that the board provide them to its new rate consultant for his consideration, which it agreed to do.

Mosely noted that the municipal code that was in effect until the new code was adopted on Dec. 8 specified that the board shall have control and management over all things pertaining to the water works system unless it had formally appointed someone to do so. He said he did not know if they had appointed Collins, otherwise the board that was in place before Dec. 8 had had that responsibility.

Note: The current code at http://bit.ly/pl-code-water says the water supervisor shall have control and management of all things pertaining to the water works system. Both the current and previous codes say that the town Board of Trustees shall have the power to prescribe all rates, rules, and regulations as necessary.

Mosely said he had two questions about the water fund. Question A notes that the 2022 budget for operations and capital expenditures totals over $800,000, but the actual expenditure was less than $200,000 and raised concern about the budget being off by 300%, asking what had been planned for and not done with the $600,000 differential.

In his second question, he noted that the 2023 budget for the water fund showed a 2022 balance of American Rescue Plan Act (ARPA) funds of $248,000, which he found suspicious because it was a round number and that while ARPA money is restricted to infrastructure, it was placed in the general fund. He said the town had only spent $83,661 in capital expenses and questioned if the difference was due to bad accounting or mismanagement of funds.

Collins agreed to provide a general response over the next couple of weeks.

At the Feb. 23 meeting, Mosely raised additional questions about the water fund accounting. He asked why the 2022 water month-over-month report showed that year-to-date operations and capital expenditures were reduced in November from a total of nearly $350,000 to about $120,000. He again asked about the difference between the $83,000 YTD for capital expenditures vs. the $248,000 balance noted in the 2023 budget. Thirdly, he said the spreadsheet provided by Collins detailing ARPA expenditures did not match the budget summaries.

Normally the board and staff do not respond directly to public comments. However, Havenar encouraged Collins to do so over Farr’s objection. Collins noted that there are monthly adjustments and that not all invoices are available immediately, saying they won’t have final figures until the audit as they are still addressing 2022 funds. She noted that there can also be human errors and that ARPA funds are not treated as typical revenue and can only be spent for specific reasons. She suggested that Mosely look into municipal accounting and talk to the auditor.

Padgett then asked to have Mosely’s questions answered, including one he provided in writing about municipal code that was removed. Collins noted that she had previously provided the original code, the red line changes, and the new code to the board and could not speak to what was done under a different administrator, different lawyer, and mostly different board. Farr indicated that the board direction was to answer the questions raised by Mosely.

STR policy reviewed

Collins told the board there are 48 STRs licensed in Palmer Lake: 22 are owner-occupied and 26 are non-owner-occupied. She recommended that future requests for STR licenses that will use an accessory dwelling unit require a conditional use permit in addition to an STR license, which would require the Planning Commission and the Board of Trustees to review the license request. Accessory dwelling units are not addressed in the zoning code, she said. Collins also proposed reducing the number of STR licenses the town will grant due to complaints by residents that their neighborhoods are being overwhelmed with STRs. Collins recommended limiting non-owner-occupied STRs to 5% of the total residences in the town and limiting owner-occupied STRs to 10% of residences. She told the board that STR policy around the state is changing as towns and cities attempt to rein in the rapid pace of STR creation.

Vincent asked whether STRs should be considered private properties or businesses selling goods and services to transient customers. He said the fire code would need to be updated to address STRs. Havenar commented that she supported stricter regulations but was not comfortable with the idea of inspecting someone’s home.

Havenar suggested a workshop to consider STR policy, and the board took no action following the discussion.

Fire Department resolutions

The board voted unanimously to approve two resolutions benefiting the Fire Department:

  • Resolution 23-2023, which authorizes an agreement with the Colorado Springs Radio Communication Division for that organization to service Palmer Lake Fire Department radios.
  • Resolution 24-2023, which authorizes a record management software contract with ESO, a software company, to supply an integrated record management tool that will allow the Fire Department to retire two record-management systems and spreadsheets that are currently used for records management.

Special event permit granted

The board granted a special event permit to Little Funky Theater for a performance of Steel Magnolias on March 5 at the Palmer Lake Town Hall. The fee for the special event permit was waived.

Contract with Chavez Consulting LLC

Collins told the board that John Chavez had previously developed the town’s plan for storm water discharge compliance. The board voted unanimously in favor of Resolution 19-2023, which authorizes the mayor to continue the services of Chavez Consulting LLC at an hourly rate of $150.

Police Department receives grant

Vanderpool told the board that the Palmer Lake Police Department had received a grant from the Gary Sinise Foundation that would pay for the purchase of a 2023 Chevrolet pickup and for the installation of emergency equipment.

Updated zoning map approved

Collins recommended that the board approve a zoning map that would provide a starting point to work from to correct unlabeled or unzoned parcels. The board voted unanimously to approve the updated zoning map.

Executive sessions

The Feb. 9 meeting ended with an executive session to develop strategies for negotiations regarding an intergovernmental agreement, possible annexation, and sale of town property.

The Feb. 23 meeting ended with an executive session to develop strategies for negotiators regarding sale of town property and parameters for the Elephant Rock property.

No action was taken following the executive sessions.

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The next board meetings are scheduled for March 9 and 23. 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

Palmer Lake Board of Trustees, Jan. 12 and 26 – Board awards adult-use cannabis licenses, discusses stalled Elephant Rock project

By James Howald and Jackie Burhans

The Palmer Lake Board of Trustees (PLBOT) met twice in January; the first meeting was preceded by the board meeting in its role of Local Licensing Authority to consider two requests to operate adult-use cannabis retail stores. Resident Gary Atkins was honored by the board, and Mayor Glant Havenar read a proclamation recognizing Martin Luther King Day. The board passed resolutions appointing town officers and representatives to boards and commissions. Water tap fees and water usage rates were increased, and the Master Fee Schedule was amended. The town’s regulations for signs were updated. The board voted to terminate the agreement with Monument Fire District to provide ambulance service.

At its Jan. 26 meeting, the board discussed possible next steps on the stalled Elephant Rock property development, approved a driveway agreement for one of the adult-use cannabis shops, and authorized contracting services for a water fund analysis.

Adult-use cannabis licenses approved

Melissa Woodward of Alpine Essential LLC, and Dino Salvatori, owner of Palmer Lake Wellness, requested their businesses receive licenses from the town to add retail sales of adult-use cannabis to their current business operations. The town must grant licenses permitting retail sales before Woodward and Salvatori can apply for corresponding licenses from the state.

In response to Woodward’s license application, Havenar raised the issue of potential impact on traffic, particularly the ability of nearby homeowners to reach Highway 105 quickly. Several options to manage traffic flow were discussed: extending Commercial Lane to connect Circle Road and Meadow Lane, adding a right turn lane at the intersection of Circle Road and Highway 105, and commissioning a traffic study to gather more data. Woodward said she would provide personnel to direct traffic on her property at 850 Commercial Lane when her business begins retail sales.

During public comments, residents Atkins and Larry Ennenga said they were concerned that the nearby homes had a single point of access to Highway 105. Stan Berkenkotter, the owner of 850 Commercial Lane, said he did not expect traffic to be significantly impacted by retail sales being added to Woodward’s business, and he mentioned the possibility he would develop an additional lot he owns on Commercial Lane. Resident Dee Banta said the town should plan for additional traffic, and resident Matt Stephen suggested on-street parking be prohibited on nearby streets. Woodward said her business was adding parking spaces to minimize on-street parking and would consider adding a stop sign and right-turn-only signage for customers exiting her business.

At the Jan. 26 meeting, the board unanimously approved a driveway agreement with the property owner, Berkenkotter Holdings LLC, to allow access to Alpine Essential on 850 Commercial Lane from a platted, undeveloped right of way in the town.

Salvatori’s license application gave rise to a discussion about odor from his cannabis grow. Salvatori told the board that he has discontinued growing cannabis but still received complaints about odor. Stephen pointed out that no odor should be detectable at the property boundary.

The board voted to approve both retail licenses with the stipulations that a traffic study would be done in six months and traffic issues would be addressed sooner if needed.

Elephant Rock property next steps

At the Jan. 26 meeting, Havenar noted that the Parks Commission had been exploring options on connecting Creekside Trail and the Elephant Rock property but were not yet ready to bring a recommendation to the board.

Kent Hudson, the new president of the Palmer Lake Economic Development Group (PLEDG), raised concerns that this plan might derail a potential multi-million-dollar development opportunity on the property. He said he would love to see representatives from the board, the parks and planning commissions, and the Carter Payne group come to the table and negotiate.

Town Clerk Dawn Collins asked the board if it was considering hearing the parks proposal at a February meeting, would it like to extend the invitation to the other interested parties? Havenar said the Willanses had been invited and accepted to come to the February meeting, but the Carter Payne group said they were out if they couldn’t purchase the land instead of a long-term lease as had been discussed.

Trustee Kevin Dreher said the discussion was a little premature and the board needed to decide exactly what they were willing to do with the property and that, in fairness to Carter Payne, the board had changed midstream. Trustee Shana Ball said the board’s mistake was not to present the property properly and that it went from “bring your ideas” to an unofficial agreement very quickly, skipping some steps. Dreher said it was important to know what the board might do with the parks and whether it wanted to set aside land for a public safety building, then they could discuss lease vs. sale. Collins said it was up to the board whether it wanted to hear concepts first or decide on the parameters first, reminding it that the board has authority over town property.

In public comments, residents said they had been fans of the Carter Payne concept and were sad to find out that negotiations had broken down. They felt that the Parks Commission meeting had pulled the rug out from Carter Payne and hoped the town could find a dignified way to move forward, suggesting a public workshop might be good. Lindsay and Richard Willans spoke, agreeing on the points made by the board and others, expressing their continued interest in renovating the pool area to create a spa. Richard Willans said everybody assumed the land would be up for sale eventually. Lindsay Willans said the original idea was to preserve 51% of the land for the town, connect to the Creekside Trail and bring in business investors who would only be interested if they could lease to own.

Havenar summarized that the board wanted to hear from the Parks Commission on Feb. 26 and from the Willanses at the March 9 meeting. In the meantime, if Carter Payne wanted to re-open negotiations, they could reach out to her or Collins and could include a representative from PLEDG. Mayor Pro Tem Dennis Stern asked how to communicate any directions that come out of a potential executive session, and Collins said the board could have her convey the parameters to interested parties. Attorney Scott Krob reminded the board that no decisions could be made in executive session, but the board could provide direction to staff on what parameters they wanted to set. Any binding decision would be in an open meeting.

Atkins honored

Havenar presented a certificate to Atkins honoring him for his efforts to protect the newly refurbished Town Hall when the furnace failed during the Christmas holiday. Atkins came to the Town Hall during a storm to ensure that any emergencies would be addressed as quickly as possible.

Above: At the Jan. 12 Palmer Lake Board of Trustees meeting, Mayor Glant Havenar recognized resident Gary Atkins for his efforts to ensure that Palmer Lake Town Hall not sustain damage during December’s freezing weather when its furnace broke down. Photo by James Howald. Caption by Jackie Burhans.

Martin Luther King Day recognized

Havenar read a proclamation recognizing King’s work to further peace, freedom, equality, and justice for all in America and designating Jan. 16 as a holiday in his honor.

Appointments made; resignation submitted

The board passed seven resolutions appointing town officers and representatives to boards and commissions:

  • Resolution 2-2023, which names John Ciccolella as municipal judge, Collins as town administrator, clerk and treasurer, and Krob Law Office as the town attorney.
  • Resolution 3-2023, which appoints Charlie Ihlenfeld, Bill Fisher, Mark Bruce, and Amy Hutson to the Planning Commission.
  • Resolution 4-2023, which appoints Mike Pietsch and Phyllis Head to the Parks Commission.
  • Resolution 5-2023, which appoints Havenar to the Pikes Peak Area Council of Governments.
  • Resolution 6-2023, which appoints Nikki McDonald to the Pikes Peak Areas Council of Governments Citizens Advisory Committee.
  • Resolution 7-2023, which appoints Kurt Ehrhardt, Charlie Ihlenfeld, Bob Radosevich, and Trustee Dreher to the Board of Adjustments.
  • Resolution 8-2023, which appoints Trustee Stern to the Pikes Peak Regional Building Department.

At the Jan. 26 meeting, the board unanimously designated Jessica Farr as the board representative to Awake Palmer Lake as a non-voting ex-officio member to ensure transparency and facilitate communication.

In addition to these appointments, Palmer Lake Police Chief Jason Vanderpool administered the oath of office to new officer Stafon Stevens.

Above (L to R): At the Jan. 12 Palmer Lake Board of Trustees meeting, Police Chief Jason Vanderpool administers the oath of office to new officer Stafon Stevens. Photo by James Howald. Caption by Jackie Burhans.

Trustee Karen Stuth resigned from the board before the Local Licensing Authority meeting on Jan. 12.

Water tap fees and usage rates increased

The board voted to increase water tap fees and water usage rates by 7%. Collins explained that this increase was needed to make up for increases that had not been done previously as scheduled in 2019, and the new rates were added to the town’s Master Fee Schedule.

Resident Roger Moseley commented that, in his opinion, the rate increases were not adequate and usage rates should be increased to $30 per month

The board voted in favor of Resolution 13-2023, which increases the two rates by 7% in 2023 and by 3% in following years. Trustees Ball, Dreher, and Stern, along with Mayor Havenar, voted in favor and Trustees Farr and Samantha Padgett voted no.

The board also directed Collins to proceed with a more comprehensive analysis of the water fund, passing resolution 17-2023 on Jan. 26 to authorize an amount not to exceed $6,000 for Christopher Brandewie to perform the professional services.

The amended Master Fee Schedule was also approved, with Ball, Dreher, Havenar, Padgett, and Stern voting in favor and Farr voting no.

Maximum sign size established

The board voted in favor of Ordinance 1-2023, which amends the town’s code governing signs to specify a maximum size of 40 square feet and give businesses 60 days to comply with the new requirements.

Ambulance agreement terminated

Interim Fire Chief John Vincent told the board that the town’s agreement to get ambulance service from Monument Fire District (MFD) required 90 days’ notice to terminate. Vincent said the agreement allowed MFD to bill the town for each ambulance trip in addition to billing the recipient of the service. Vincent said the principle of mutual aid was enough to get the same level of service but at a lower cost. The board voted unanimously to terminate the agreement. See MFD article on page < 21 >.

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The next board meetings are scheduled for Feb. 9 and 23. 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.

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Palmer Lake Board of Trustees, Dec. 8 and 15 – New leadership takes the helm

By James Howald and Jackie Burhans

December saw a newly elected mayor and three newly elected trustees seated in Palmer Lake. Following an election in November that legalized the sale of adult use cannabis, the board addressed some of the details of how to proceed with those sales. The board adopted a budget for 2023, certified the town’s mill levy, and voted to continue to use Green & Associates LLC as the town’s auditor. Spokespeople for Tri-Lakes Cares told the board about its services, with a focus on how they serve the residents of Palmer Lake. The board also considered a program to use banners to publicize the town’s artists.

The Dec. 15 board meeting ended in an executive session.

Previous mayor and trustees celebrated

Outgoing Mayor Bill Bass called the Dec. 8 meeting to order. In his last comments as mayor, Bass thanked outgoing Trustees Nichole Currier and Darin Dawson for their service to the town, saying: “I have a lot of appreciation and thanks that I want to share with all of you, first to the outgoing board for all their hard work this past two years. At times it was really demanding. You all met the challenge, and we accomplished a lot of good work for this town. … This board has set the bar pretty high.” Bass added that the outgoing board had worked hard, attending a total of 35 workshops, retreats, and special meetings in addition to 50 regularly scheduled board meetings.

The newly elected and continuing leadership of Palmer Lake posed together for a photograph. From left are Trustees Karen Stuth, Sam Padgett, Shana Ball, and Kevin Dreher, followed by Mayor Glant Havenar and Trustees Jessica Farr and Dennis Stern. Stuth, Padgett, and Farr are continuing their terms as trustees, while Ball, Dreher, and Stern were elected in the November election. Havenar, a former trustee, was elected mayor at the same time. Photo by James Howald. Caption by Jackie Burhans.

Bass thanked Town Administrator Dawn Collins, Town Attorney Matt Krob, and the town staff for their efforts: “Y’all are just an outstanding bunch.” Bass said he hoped the town would benefit from the increased revenue resulting from changes during his administration. He also thanked the residents and commended them for their involvement. He ended by congratulating Mayor-elect Glant Havenar and newly elected trustees Shana Ball, Kevin Dreher, and Dennis Stern.

Following Bass’s remarks, Collins presented a certificate of appreciation to Bass. Bass then presented certificates to Currier and Dawson. In his last act as mayor, Bass recessed the meeting for 45 minutes of socializing, including a toast to the town.

Mayor and three trustees sworn in

Following the toast, Collins administered the oath of office to Havenar. Havenar reconvened the meeting, and Collins and Havenar swore in Ball, Dreher, and Stern, who were then seated for the remainder of the Dec. 8 meeting along with Trustees Jessica Farr, Samantha Padgett, and Karen Stuth.

Later in the meeting, Stern was elected unanimously to serve as mayor pro tem.

Adult use cannabis regulations established

At the Dec. 8 meeting, the outgoing mayor and board considered an emergency ordinance, which would take effect upon passage, to establish the rules and regulations that would govern the sale of adult use cannabis in the town. Bass and Havenar commented that they wanted the leadership team that had worked on the issue for months to have a chance to vote on the terms on which cannabis would be sold, as stated by Ordinance 17-2022.

Havenar pointed out that the town’s two cannabis businesses could not proceed with their licensing requirements until the town had an ordinance in place.

The ordinance amends Title 5 of the Palmer Lake Town Code by adding Chapter 5.21, which adds detailed regulations for the retail sale of cannabis. The regulations include:

  • The Board of Trustees, acting as the Local Licensing Authority, can require businesses to provide necessary information, and can approve or deny licenses required to sell cannabis. Licenses are valid for one year, and can be suspended, revoked, or not renewed in the case of violations. Licenses are non-transferable.
  • Any applicant must submit a range of information including name, address, fingerprints and legal status and history of the owner.
  • Applicants must provide a physical plan of the business, with a deed or lease, and an area map covering a radius of a quarter mile around the proposed business site.
  • An operation plan including security, description of products, and exterior signage.
  • A limit of two retail stores within town boundaries.
  • Inspections to verify compliance with all town codes.

Following a motion to approve Ordinance 17-2022, the ordinance was passed, with Bass, Dawson, Farr, Havenar, Padgett, and Stuth voting in favor. Currier voted no.

Meeting in its role as the Local Licensing Authority at the Dec. 15 meeting, the board approved a change of ownership for Alpine Essentials, the cannabis business owned by the Woodward family that added Tyler Woodward and Melissa Woodward as owners. The board also approved requests for changes to the premises of Alpine Essentials and Palmer Lake Wellness, the business owned by Dino Salvatore. Both businesses requested to add additional security cameras.

2023 budget and mill levy approved

At the Dec. 8 meeting, the newly seated board voted to approve Resolution 57-2022, which adopts the proposed budget and sets the town’s mill levy.

The proposed 2023 budget increases wages and staffing at the departmental level in two phases: an increase in January and a possible second increase in July, if estimates of increased revenue are correct. The Water Fund is adjusted to balance the expenditure of American Recovery Plan Act funds in 2023, with those funds going to improve treatment facilities and the distribution system.

A mill levy of 21.238 mills was specified in the resolution, and the Town Administrator was authorized to communicate that to the El Paso Board of County Commissioners.

The resolution passed with Ball, Dreher, Havenar, Stuth, Havenar, and Stern voting in favor and Farr and Padgett voting against.

During public comments, resident Roger Moseley told the board his analysis of the budget led him to believe the Water Fund has been overspent for two years, and water rates will need to increase by $30 per month.

The board also passed Resolution 58-2022, which confirms Green & Associates LLC as the town’s auditor. Ball, Dreher, Farr, Havenar, Stern and Stuth voted in favor; Padgett voted no.

Tri-Lakes Cares presentation

Haley Chapin, executive director of Tri-Lakes Cares (TLC), and Stephanie Force, director of development at TLC, gave the board an overview of the organization’s strategy and services. Chapin explained that TLC is primarily known as a food pantry but also provides emergency relief and self-sufficiency services. A family of four with an income of $68,500 would be eligible for services from TLC, she said. Chapin said TLC case managers were trained to address issues resulting from generational and situational poverty.

Chapin said TLC provides limited medical assistance to those without insurance or with insurance that is too expensive to use for less than catastrophic illnesses.

Chapin explained that TLC has many more volunteers than staff and asked anyone interesting in donating time to contact the organization.

Chapin ended with some statistics specific to Palmer Lake. She said that in 2022, TLC had aided 191 residents of Palmer Lake, and had provided $45,000 in housing funding to residents and medical assistance to 145 residents.

Details about TLC’s services and volunteer opportunities can be found on its website: https://tri-lakescares.org/. Its office is at 235 N. Jefferson St. in Monument.

Gina Brenneman and Amy Hutson, speaking on behalf of the Palmer Lake Arts Council (PLAC), asked the board to consider supporting the placement of banners that would highlight Palmer Lake’s resident artists. A local artist would be highlighted for six months on banners that would include a sample of their work. The program would include a pop-up location to display the artist’s work. The banners would be mounted on light posts, Brenneman and Hutson said.

Brenneman said Stuth asked the PLAC to put together a plan in concert with the Palmer Lake Economic Development Group.

The board voted unanimously to approve a permit to allow the banners.

Executive session

The Dec. 15 meeting ended in an executive session to consider negotiating positions concerning a Fire Department Intergovernmental Agreement, the lease on the Elephant Rock property, a property offer, a possible annexation, and a water service request.

No action was taken following the executive session.

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The next board meetings are scheduled for Jan. 12 and 26. 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