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

Buc-ee’s annexation election approved
Trustee Hutson resigns, vacancy process set
Litigation update
Staff reports
Board actions
Public comments
Monument Crossing annexation considered
Board fires auditor
Executive session

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.