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

• Publication of texts leads to Havenar’s exit and Stern’s appointment
• Goldman appointed to hear petition protest
• Effort to stop recalls falls short
• Executive session convened; Collins announces last day
• Correction

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.

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 (6/7/2025)
• Palmer Lake Board of Trustees, April 10 and 24 – Second Buc-ee’s annexation eligibility hearing scheduled (5/3/2025)
• Palmer Lake Board of Trustees, Feb. 27, March 13 and 27 – Buc-ee’s rescinds annexation request; three board members face potential recall (4/5/2025)
• Palmer Lake Board of Trustees, Feb. 11 and 13 – Board holds workshop on water issues (3/1/2025)
• Palmer Lake Board of Trustees, Jan. 9 and 23 – Lakeview Heights development raises safety concerns (2/1/2025)
• Palmer Lake Board of Trustees, Dec. 12 – Buc-ee’s annexation petition meets requirements (1/4/2025)
• Palmer Lake Board of Trustees, Nov. 14 – 2025 budget proposed; 2024 budget amended (12/5/2024)
• Palmer Lake Board of Trustees, Oct. 10 and 24 – Board begins “flagpole annexation” process for Buc’ees travel center on I-25 (11/2/2024)
• Palmer Lake Board of Trustees, Sept. 12 and 26 – Board considers church’s request to use Elephant Rock property (10/5/2024)
• Palmer Lake Board of Trustees, Aug. 8 and 22 – Asbestos abatement contract awarded; advisory committee formed (9/7/2024)