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OCN > 2401 > Palmer Lake Board of Trustees, Nov. 29, Dec. 14 and 21 – Town attorney steps back; 2024 budget adopted

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 Mosely argued the board should not grant permission to Maddox since Maddox is not the owner of the property. Mosely 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.

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