- Michael Beeson and John Marble appointed to board
- CMI terminates contract as planner
- Board continues consideration of Buc-ee’s withdrawal
- Search for town administrator restarted
- Progress on permanent town attorney
- Concerns about checks resolved
- Ferguson appointed to Parks and Trails
- Executive session
By James Howald and Jackie Burhans
In February, the Palmer Lake Board of Trustees (PLBOT) interviewed four candidates for the board seats vacated by the departures of Michael Boyett and Tim Caves. Interim Town Administrator Glen Smith announced that Community Matters Institute (CMI), a nonprofit that has been acting as the town’s planner for years on matters like the master plan and the municipal code, had terminated its contract with the town in response to allegations of fraud by Trustee Roger Moseley and resident Martha Brodzik.
The board continued to struggle with its response to Buc-ee’s withdrawal of its annexation application, and with its efforts to hire a new town administrator and a new town attorney. In her report to the board, Town Clerk Erica Romero answered questions about checks posed by Trustee Atis Jurka and Moseley. A vacancy on the Parks and Trails Commission was filled. The board meeting on Feb. 26 was preceded by an executive session for the board to receive legal advice from counsel representing the town regarding the lawsuit Roger Moseley v. Town of Palmer Lake.
Michael Beeson and John Marble appointed to board
At a workshop on Feb. 12, the board interviewed Michael Beeson, DéNaje Ferguson, John Hartzog, and John Marble for two vacant board seats. Their applications for appointment are available on the town’s website here: https://tinyurl.com/mrysbvyp.
Beeson emphasized his military career and his time on the town’s Planning Commission. Ferguson said that after working as a nurse assistant, he had switched to software engineering and was the technical lead on a large software project. Hartzog said he had been a nuclear submarine officer and an energy executive. Marble said he was studying political science in college. Beeson and Marble were previously considered for seats on the board.
At the board meeting that followed the workshop, Trustee Beth Harris suggested changing the way the board appoints new members. After some discussion, the board could not agree on a new process and decided to vote on candidates one by one until the seats were filled, as they had done in the past. Harris nominated Beeson, who was appointed by a unanimous vote of Trustees Tony Beltran, Harris, Moseley, Atis Jurka, and Mayor Dennis Stern. Harris nominated Marble for the second seat; he was appointed with Harris, Moseley and Jurka voting in favor and Beltran and Stern voting no. Romero administered the oath of office to Beeson and Marble, who took their seats on the board after they were sworn in.
CMI terminates contract as planner
During public comments at the Feb. 12 board meeting, resident Martha Brodzik said she had investigated invoices paid by the town and had found some that did not have an associated contract. She faulted the town for paying invoices for which there was no contract. She added that she found one invoice to CMI that she alleged had been paid twice. She questioned the ethics of CMI for accepting double payment and went on to argue that the town had too many professional service contracts and should do more work on its own behalf.
At the same meeting, during the board report portion, Moseley returned to the topic of CMI, criticized it for accepting payments without a contract, and said if it was “double paid,” that was theft. Moseley asked for a hearing on CMI’s work for the town.
This question came to a head at the Feb. 26 meeting, when Smith presented CMI’s response to Brodzik and Moseley’s allegations. CMI’s response included notification that CMI would no longer serve the town, effective March 13.
In that response, CMI included transcripts of Brodzik’s and Moseley’s comments, highlighting two accusations: that it was paid $12,787.50 twice and hid the overpayment, and that it billed the town for uncontracted services. CMI denied both charges. In terms of the overpayment, Robert C. Haywood, CMI chief operating officer, said the original check for invoice PL 25-04 was never received, payment was cancelled by Palmer Lake Accounting Clerk Kathy Neal, and a new check was issued.
Haywood cited the check numbers in his response and included emails documenting the lost check and the reissued check. He noted that although the matter was resolved 62 days past the due date, CMI did not charge the town a late fee. Regarding the lack of a contract for some invoices, Haywood said CMI has operated under four contracts with the town and included as attachments the two contracts in question. CMI’s response is available in a supplemental packet on the town’s website here: https://www.townofpalmerlake.com/media/21121.
Smith cautioned the board to be careful what they say from the dais. He asked them to come to the staff with questions before making accusations. Smith said he had received good service from CMI, which had been overwhelmed with Colorado Open Records Request Act (CORA) requests concerning Brodzik and Moseley’s allegations. The town was now faced with the need for a Request for Proposal process to find a new planner, Smith said. He added that the town got work done by CMI at half the cost a private planner would charge and might have to amend its budget to account for the higher cost.
Several residents rose to criticize the board for its handling of this and other matters. Paul Olivier, who served two terms as mayor, said the current board had conflicts of interest. For example, two board members had received help from the nonprofit Integrity Matters in their campaigns for seats on the board and had later voted not to pursue the payment of court costs from that organization. Olivier also mentioned the fact that Moseley has filed two lawsuits against the town. “I see the town in the worst shape I’ve ever seen in the 50 years I’ve been here,” Olivier said.
Brodzik said she thought Smith’s comments were directed at her and said that when she asked the staff questions, she typically did not get answers. Susan Miner, who served three terms on the board, praised CMI and its Executive Director Barbara Cole for Cole’s contributions to the master plan and the municipal code. Rich Kuehster, who served as fire chief and trustee and is currently on the Planning Commission, said he was concerned that the town is without a lawyer and a planner.
Moseley said he had told Romero his focus was on the invoicing process, not on CMI. He said the town did not follow its process for annotating voided checks. He added he believed the town had exceeded the payment amounts specified in “not-to-exceed contracts.” He claimed staff had discovered this and decided not to advise the board. Smith answered that he believed the prior administration had approved the overages on the contracts Moseley had mentioned, and he cited Moseley’s unwillingness to come to staff for answers, preferring to submit time-consuming CORA requests instead. Their exchange became heated, and Moseley again insisted the town is making payments for which there are no contracts and is not being properly reimbursed by contractors. Moseley said Romero is responsible for payments and Smith is responsible for contracts.
In response to Moseley’s remarks, Romero said she did not agree with his summary of events and was always happy to answer questions from the board members. She said she has been advised to speak to the entire board and avoid having “one-off” conversations with individual board members. She added that until the town had a lawyer, she thought it best to provide answers in a public meeting.
Nikki McDonald, who served two terms as mayor, said the town was turning against the board.
Miner returned to the podium to say, “We have sought out legal counsel so we can ensure you are making decisions that are to the benefit of Palmer Lake, not Woodmoor, and not Broadmoor.” During the meeting, she was sitting with former board members Shana Ball and Amy Hutson, former mayor Glant Havenar, and Buc-ee’s lobbyist Mark Waller.
Board continues consideration of Buc-ee’s withdrawal
Buc-ee’s withdrew its annexation application to the town on Feb. 4. At the Feb. 12 meeting, Stern said the board could not accept the withdrawal without the advice of an attorney and moved to continue consideration of the withdrawal until the board’s next meeting on March 26. Moseley asked to add to the motion the stipulation that all work on the Buc-ee’s annexation should cease until the town has an attorney, and Stern accepted the addition. Stern’s motion passed with Beeson, Beltran, Moseley, Jurka, and Stern voting yes. Harris voted no. Jurka moved to continue the Buc-ee’s rezoning hearing until March 26, and his motion passed unanimously.
At the Feb. 26 meeting, Smith told the board that the law firm of Dietz and Davis P.C. had agreed to represent the town in the conclusion of the withdrawal of the Buc-ee’s annexation application. The firm would not address any other legal matters for the town, Smith said.
Search for town administrator restarted
At the Feb. 26 meeting, Romero reminded the board it had requested her to pause the work with Strategic Government Resources (SGR) to find a permanent town administrator to replace Glen Smith, who is doing the job on an interim basis in addition to leading the police department. All candidates were released, Romero said, and SGR was waiting for the board to update the recruitment brochure and for authorization to proceed with recruitment. SGR advised Romero that the recruitment effort was more likely to be successful once the board is stable and all active lawsuits and recalls are settled. She asked for direction from the board.
Moseley said he asked at the previous board meeting for volunteers to act as town administrator temporarily, replacing Smith, “until we get this all straightened out. He said he had one volunteer willing to accept the role temporarily and one who would only be available permanently. He added he thought the proposed salary was too high. He moved to open an opportunity for a temporary administrator.
Stern pointed out that Smith was already serving as an interim town administrator and suggested Moseley’s motion was based on Moseley’s adversarial relationship with Smith. Moseley denied Stern’s point and said Smith had made mistakes and was subject to dismissal.
Smith asked to see Moseley’s justification for his opinion in writing. He urged the board not to make the same mistake it made in dismissing Scot Krob as the town’s attorney before a replacement had been found.
Beltran said he would not second Moseley’s motion, preferring to remain with the procedure in place.
Miner said adding another “disorganized” person to the mix was not a good idea and pointed out that since the recruitment issue was on the agenda as a discussion item, no motion could be made.
Stern pointed out that there were still active lawsuits underway, and he has been threatened with recall, so the search should not be reopened at present.
Harris said she favored restarting the search for an administrator. Beeson agreed.
Jurka suggested that since the staff was shorthanded, it might make sense to find someone to help Smith. Stern pointed out that Moseley intended to replace Smith, not get him help.
Romero said sometimes the board’s expectations were “a little unrealistic” but asked the board to follow the process with SGR.
Resident Bill McDonald asked the board if a trustee with pending lawsuits against the town, that is, Moseley, should be allowed to vote on any of the town’s business. Several in the audience answered “No!” Moseley responded that he could vote because he had no “pecuniary interest in either lawsuit.” Stern said he had asked the town’s previous attorney, Scot Krob, if Moseley could vote, and Krob said he could but might have to recuse himself on some matters.
After some additional, equally heated discussion, the board directed Romero to restart the search.
Progress on permanent town attorney
At the Feb. 12 meeting, Smith, who has been managing the search for a town attorney to replace Krob, told the board that trying to find an interim and a permanent attorney at the same time was confusing potential candidates, and staff recommended abandoning the search for an attorney to serve on a temporary basis. He recommended extending the window to apply to Feb. 20 and holding a workshop to interview candidates. He said he had not found anyone willing to do the job on an interim basis.
Harris and Moseley asked Smith to name the law firms interested in serving the town on a permanent basis; Smith refused, saying making the names public was not in the best interest of the Request for Proposal (RFP) process because board members had contacted the firms, which biased the impartiality of the process. Harris said she felt the staff was not following the board’s direction.
Beltran moved to extend the RFP application deadline to Feb. 20, to bring information about all applicants to the Feb. 26 board meeting, and to end the search for an interim attorney. The motion passed with Beeson, Beltran, Jurka and Marble voting yes and Harris and Moseley voting no.
At the Feb. 26 meeting, Smith brought the board the names of three law firms willing to represent the town: Zuckerman Legal, JVAM PLLC, and Wyatt Hamilton Findlay. Smith said staff was reviewing their applications and would give the board recommendations five days before the board’s next meeting on March 12, so trustees would have time to review. Smith also suggested a workshop at 4:30 p.m. before the March 12 board meeting, at which the firms would present to the board.
Jurka made a motion to hold a special meeting on March 3 to interview the firms and select a finalist, but there was no second, and he withdrew the motion.
Romero pointed out that an attorney serves as a buffer between staff and the board when personnel issues arise.
The board directed staff to proceed with arranging a workshop with the law firms on March 12 and a vote to select a firm at the board meeting on the same date. Jurka and Moseley objected; Beeson, Beltran, Harris, Marble, and Stern agreed.
Concerns about checks resolved
In her report on Feb. 26, Romero answered questions about checks raised by Jurka and Moseley at the Feb. 12 meeting. She said a set of 21 voided checks that Moseley inquired about resulted from a printer error. Her research showed a check written to Buc-ee’s was a refund for overpayment by Buc-ee’s. She also noted that two additional checks had been written to the town’s IT provider to cover compliance-related work that fell outside the boundaries of that provider’s typical monthly service.
Ferguson appointed to Parks and Trails
Ferguson accepted an appointment to the Parks and Trails Commission at the Feb. 26 meeting.
Executive session
The Feb. 26 meeting was preceded by an executive session for the board to receive legal advice about Roger Moseley v. Town of Palmer Lake. No action was taken following the executive session, but Stern mentioned in the regular board meeting that the lawsuit asked the court to make a preliminary injunction to remove him as mayor and to invalidate board actions taken since his appointment in June. Stern said the court ruled that it would not make that injunction.
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The next regular board meetings are scheduled for March 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, March 12, 25, and 26 – Search for town attorney grinds on (4/1/2026)
- Palmer Lake Board of Trustees, Jan. 8, 22, and 30 – Attorney Krob forced out without replacement (2/4/2026)
- Palmer Lake Board of Trustees, Dec. 2, 11 – Beltran appointed; Caves, Krob, and Boyett resign (1/1/2026)
- Palmer Lake Board of Trustees, Nov. 13 and 18 – Schedule for annexation elections undecided; board vacancy unfilled (12/4/2025)
- Palmer Lake Board of Trustees, Oct. 2, 9, and 23 – Annexation election set for Feb. 3, trustee resigns, lawsuits dismissed (10/30/2025)
- Palmer Lake Board of Trustees, Sept. 25 – New board members seated; annexation ordinance becomes law (10/2/2025)
- Palmer Lake Board of Trustees, Aug. 6, 14, 28 – Board vacancy filled; land use code updated; annexation decision postponed (9/4/2025)
- Palmer Lake Board of Trustees, June 30, July 10, 24 – Candidates for board interviewed; recall election planned; annexation agreement published (8/1/2025)
- Palmer Lake Board of Trustees, June 12, 19, 23, and 30 – Stern replaces Havenar as mayor; attempt to stop recalls fails (7/3/2025)
- Palmer Lake Board of Trustees, May 5, 8, 22, and 29 – Revised Buc-ee’s annexation eligibility petition approved (6/7/2025)
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