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

Annexation elections continued
Board leaves rules for annexation elections unchanged
Fire department merger debated
2025 and 2026 budgets considered
Two candidates for board vacancy
Executive sessions
Board interviews applicants for board vacancy; fails to decide

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.