BUC-EE’S ANNEXATION AND DEVELOPMENT

Flawed Study Downplays Traffic Congestion & Safety Risks, Town Leaders Channel Orwell’s Ministry of Truth

March 5th, 2025, PALMER LAKE, CO – In a move straight out of George Orwell’s 1984, an unidentified “source” from the Town of Palmer Lake or environs has handed the Buc-ee’s traffic impact study to the media before presenting it to its own residents in a public hearing which is how this information is typically disseminated. By controlling the narrative before the public could examine the details, an unidentified source on Team Town of Palmer Lake/Buc-ee’s have effectively appointed themselves the Ministry of Truth—spinning reality to fit their agenda while keeping the people in the dark.

Not only does this betray the community’s right to transparency and impartiality, but the study itself is riddled with flaws, misleading assumptions, and omissions that downplay the real impact of Buc-ee’s on local traffic, safety, and infrastructure.

Big Brother Says: ‘There’s No Traffic Problem’

By giving this study to the media first which we confirmed was, in fact, done via a protected source, Team Palmer Lake/Buc-ee’s is attempting to manipulate public perception before residents even get to see the facts. This tactic is straight out of Big Brother’s playbook—if you control the message, you control the truth.

“This is an absolute disgrace,” said Trina Shook, a concerned citizen. “In Orwell’s 1984, the government rewrote reality to fit its own agenda. That’s exactly what Palmer Lake is doing here—releasing this study to the press so they can frame it before residents can even read it for themselves. If they really believed Buc-ee’s wouldn’t harm our community, they would have given it to us first.”

Flawed Study, False Conclusions

Upon review, the study—conducted by Stolfus & Associates—contains multiple concerns and misleading conclusions, including:

• Underestimating Traffic Growth – The study applies an unrealistically low growth rate of 2% despite rapid development in the area, ensuring future congestion is downplayed.

• Ignoring Weekend Traffic Impacts – Despite Buc-ee’s being a major weekend destination, the study fails to analyze peak-hour Saturday congestion, the busiest time for the site.

• Misleading Pass-By Trip Assumption – The study assumes 75% of Buc-ee’s traffic will already be on the road, a claim that artificially minimizes the actual impact of nearly 11,000 daily trips.

• Using Johnstown Buc-ee’s as a Comparison – Instead of conducting a Palmer Lake-specific analysis, the study relies on data from a Buc-ee’s in Johnstown—90 miles away, a completely different area with different infrastructure and traffic flow. Most importantly, a much more sparsely populated area than in an MSA of 750,000 people.

• Creating Dangerous Conditions for Local Drivers – The study admits that restricting the Tri-Lakes Church of Christ entrance to right-in, right-out only will force drivers into unsafe U-turns—but offers no real solution.

Traffic Study Released to Reporters First—Why?

By giving this study to the media before the residents, Team Palmer Lake/Buc-ee’s officials are engaging in textbook Orwellian tactics—rewrite the facts, spin the story, and control public perception before anyone can question it.

If the Town truly believed this study showed no negative impact, why not release it to the people first? The answer is simple: They know this study does not stand up to scrutiny.

Call to Action: Demand Transparency & Accountability

Palmer Lake residents will not be manipulated by Big Brother. We demand:

1. An immediate Town Hall meeting where residents can review and question the study directly.

2. A full, independent review of the study’s methodology and conclusions.

3. A commitment from the Palmer Lake Board of Trustees that it will never allow this stunt to be pulled again of using the press against its own people.

We refuse to let Palmer Lake’s leadership function as a modern-day Ministry of Truth, distorting reality to push an agenda. The people of Palmer Lake deserve honest answers, not PR games and backroom deals.

Statement of Concern 

Tri-Lakes Preservation, Inc. 

Regarding the Dinner on January 24, 2025 at 105 Social House, Between Mayor of Palmer  Lake, Glant Havenar, and Buc-ee’s Consultant, Mark Waller 

As a committed advocate for the preservation and responsible development of the Tri-Lakes  community, Tri-Lakes Preservation, Inc. expresses deep concern regarding a recent photograph showing the Mayor of Palmer Lake having dinner with Mark Waller, a consultant for Buc-ee’s,  amid ongoing legal and public scrutiny over the proposed flagpole annexation to bring a  Buc-ee’s travel center to the Town of Palmer Lake. This dinner meeting was held the day after a  Town government meeting which included an executive session for legal advice pertaining to  the lawsuit filed by Integrity Matters.  

The timing and nature of this meeting raises serious questions about transparency, accountability, and ethical governance in the handling of this highly controversial proposal. The  lawsuit filed against the Town of Palmer Lake reflects widespread concerns about the legality  and appropriateness of the annexation process, Colorado Open Meetings laws violations, lack of  government transparency, and the long-term implications for our community’s character, resources, and infrastructure.  

Specific Concerns:  

1. Perception of Undue Influence: 

This dinner creates the appearance of impropriety as it suggests that private, informal discussions are occurring between key decision-makers and representatives of Buc-ee’s outside of public forums. Such actions undermine trust in the impartiality of elected officials tasked with representing the best interests of our community. 

2. Transparency and Accountability: 

The annexation of land for a large commercial development like Buc-ee’s should be handled with full transparency. Private meetings between town leadership and parties

with vested interests in the project erode public confidence in the fairness and openness  of the process. 

3. Ethical Standards: 

As a statutory municipality, the Town of Palmer Lake is bound by Colorado’s ethics laws,  including Amendment 41, which limits gifts and discourages interactions that may  compromise public trust. It is critical to understand whether this meeting adhered to those  standards and whether it was disclosed as required. 

4. Conflict with Community Values: 

The Tri-Lakes area prides itself on its unique small-town character, environmental stewardship, and community-driven decision-making. The manner in which this proposal is being advanced—through flagpole annexation and now potentially questionable private meetings—appears to disregard these values. 

Call to Action:  

Tri-Lakes Preservation, Inc. calls on the Town of Palmer Lake to: 

• Publicly Address this Incident: Provide a detailed explanation of the nature and purpose of this meeting, including whether it was disclosed in accordance with ethical guidelines. 

• Commit to Transparency: Cease all private meetings with representatives of Buc-ee’s and conduct all future discussions in public forums where community members can participate and voice their concerns. 

• Uphold Community Trust: Demonstrate a commitment to ethical governance by ensuring that decisions about this proposal are made in the open and based on the will and best interests of the community. 

We urge the residents of the Town of Palmer Lake and the broader Tri-Lakes area to remain  vigilant and engaged as we navigate this critical juncture in our community’s future. Together,  we can ensure that our voices are heard, our values are upheld, and our community’s integrity is  preserved.  

Tri-Lakes Preservation, Inc. 

Dedicated to Protecting the Character and Resources of the Tri-Lakes Region Preserve Now or Lose Forever

Integrity Matters Files Lawsuit Challenging Palmer Lake Annexation Eligibility for Proposed Buc-ee's Travel Center

January 10th, 2025, Tri-Lakes, Colorado – Integrity Matters, along with several other plaintiffs, has filed a lawsuit in the 4th Judicial District Court of El Paso County to challenge the Town of Palmer Lake’s controversial decision to approve the eligibility for annexation of property intended for a proposed Buc-ee’s travel center. The lawsuit seeks to reverse Resolution 60-2024, passed by the Palmer Lake Board of Trustees on December 12, 2024, citing violations of Colorado state law and the U.S. Constitution.

The lawsuit, supported by Westside Watch, TriLakes Preservation Inc., and several local residents and business owners, alleges multiple statutory and constitutional violations, including:

• Failure to comply with the Colorado Municipal Annexation Act of 1965, specifically regarding contiguity requirements and the annexation of only half of a roadway.

• Violations of the Colorado Open Meetings Law, undermining public participation and transparency.

• Infringement of Constitutional rights, including suppression of free speech and retaliatory actions by Palmer Lake elected officials.

“This lawsuit seeks to ensure government accountability compliance with the Rule of Law to protect the rights of local residents and property owners,” said Katherine Gayle, Chief Legal Counsel for Integrity Matters. “The actions taken by the Town of Palmer Lake in this annexation eligibility process were arbitrary, lacked transparency, and ignored critical statutory and constitutional safeguards.”

Key concerns raised in the lawsuit include the failure to update the Town’s Three-Mile Plan, improper handling of public roadway annexation requirements, and the prioritization of private interests over community well-being. Additionally, the suit highlights issues of preferential access and the chilling of free speech during public hearings.

Response to Palmer Lake Mayor and Board of Trustees

Integrity Matters has reviewed the recent Town of Palmer Lake press release from Mayor Glant Havenar and the Palmer Lake Board of Trustees. Their statement is a valiant attempt to paint over procedural flaws with broad assurances, however it fails to address the detailed legal concerns outlined in our December 30, 2024, letter.

We’re especially intrigued by the Mayor’s disingenuous denial of the citizen-filed complaint with the Colorado Attorney General—an interesting take, given that the complaint is publicly accessible and was, conveniently, linked in our last press release. If the Mayor or Trustees would like to familiarize themselves with it, we've provided another link to it here as we were so impressed by the many citizens who came together to share their shocking stories and speak truth to power.  

Despite their claims of neutrality and procedural compliance, the statement sidesteps core issues, including outdated planning documents and preferential treatment during public hearings. If the Board or Mayor require clarification, Integrity Matters would gladly meet to explain the finer points of statutory compliance. We are also available to host a workshop on the fundamentals of transparent governance—free of charge.

While the Town of Palmer Lake continues to claim adherence to the law, we are confident that our lawsuit will demonstrate otherwise. In the meantime, we encourage all residents to stay informed and engaged. Palmer Lake deserves better, and Integrity Matters is here to ensure that happens.

Update January 12th, 2025:  Integrity Matters has filed a complaint with the Attorney General for violations of free speech by Mayor of Palmer Lake, Glant Havenar.

For additional information, please contact:Katherine GayleChief Legal Counsel, Integrity MattersEmail: integritymatterscos@gmail.com

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About Integrity Matters:Integrity Matters is a non-profit watchdog group advocating for transparency and ethical governance at all levels of government. We empower citizens to hold public officials accountable for decisions that impact their lives and communities.

Integrity is doing the right thing when no one is watching.

MEDIA RELEASE:

The Town of Palmer Lake Board of Trustees has received a number of concerns regarding its consideration of a possible annexation by a property owner to facilitate a Buc’ee’s development. Those concerns address primarily the Board’s determination on December 12, 2024, that the property proposed for annexation is eligible under the applicable provisions of the Colorado Annexation Act, C.R.S. Sections 31-12-101, et seq., and the Board’s stops in moving forward through the process of deciding whether to allow the annexation.

Regarding the December 12 hearing and Board determination of eligibility:

The Board’s fundamental interest was to conduct a safe, open and non-intimidating hearing, in compliance with the applicable laws and regulations. Since the purpose of the hearing was to determine whether the property is eligible to be annexed to the Town of Palmer Lake, the board wanted to be sure it heard from those who live in Palmer Lake or own property or have a business in Palmer lake, while at the same time giving all members of the public an opportunity to comment.

To achieve those goals, in advance of the meeting:

• The Town conferred with the local fire official regarding the occupancy capacity of the Town hall and arrangement of the seating to ensure the safety of everyone.

• The Town conferred with local police and staff regarding how best to facilitate the anticipated large crowd to the Town’s limited facilities.

• Town staff distributed information on its website and to anyone who asked about the procedures that would be followed to ensure safety and participation.

• The public was also encouraged to provide written comments on the issue of eligibility. Numerous public comments were received in advance of the eligibility hearing and all of them were provided to the Board of Trustees.

At the time of the eligibility hearing, the Town complied with the fire safety occupancy limits of the Town Hall (80+ chairs to be seated), lived stream access of the proceedings, and broadcast the proceedings over audio speakers to those outside Town Hall. The Board listened to every individual who attended the hearing and indicated their desire to speak. No one was prevented from speaking on the issue of eligibility.

As a result of the process followed in considering whether the property is eligible to be annexed, the Town believes it provided a full and fair hearing and is not aware of any violations of open meeting or other laws or regulations.

A number of comments have been received by the Town after the December 12th eligibility hearing and those have been shared with the applicant, including a reference to a complaint possible being filed with the Colorado Attorney General. The Town has not received a copy of any such complaint, but the Board of Trustees met with the town attorney in executive session on January 9 to follow up on these issues and to ensure continued compliance with the applicable laws and rules.

Regarding the Board’s anticipated process in considering whether to annex the property:

As previously explained on numerous occasions, the Town’s determination that the property is eligible to be annexed is only the first step in the process of determining whether annexation is in the best interest of the Town of Palmer Lake. The Board intends to proceed in a prudent and fully informed manner, in full compliance with all applicable laws and regulations and undertaking some investigations that go beyond what is required by statute.

As part of its diligence, the Town has contracted to obtain three independent studies; one to analyze the fiscal impacts of the proposed annexation and development, another to consider the ability of the Town’s water rights and water system to support such a development and the public improvements that might be required, and another to analyze the anticipated traffic impacts of the proposed development and roadway improvements that would be needed.

As the Town Board has indicated on numerous occasions, it has not and will not decide whether to annex the property and, if so, on what conditions, until it has received and carefully reviewed the studies (which are anticipated to be received in February), as well as comments from the people of the Town of Palmer Lake and other members of the public and whatever other diligence the Board believes is in the best interest of the Town and its citizens.

The process will also include negotiating an agreement with the developer setting forth the rights and obligations of the Town, and the developer, if the annexation is deemed to be beneficial to the Town.

Finally, the process will include obtaining a clear understanding of what the proposed Buc-ee’s development would look like, before any annexation is agreed to.

The board believes this process will protect the public is was elected to serve and further the interests of the Town of Palmer Lake.

TOWN OF PALMER LAKE

Mayor and Board of Trustees, unanimously

Integrity Matters Responds to Violations of Public Trust in Palmer Lake Annexation Process

December 30th, 2024, Palmer Lake, Colorado — Integrity Matters, a non-profit organization dedicated to promoting transparency and accountability in government actions, has been contacted by concerned citizens from the Palmer Lake and Monument area. Citizens have raised serious allegations regarding violations of Colorado Revised Statutes and public meeting laws during the Town of Palmer Lake's handling of the proposed annexation for a Buc-ee’s travel center.  A long list of statutory violations have been identified including, shockingly, violations to the Town of Palmer Lake’s recent Annexation Eligibility Resolution 60-2024.

Violations at the Heart of Citizen Concerns

At the public hearing held on December 12, 2024, the Town of Palmer Lake Board of Trustees proceeded with actions that appear to violate multiple provisions of state law, including:

1. C.R.S. 31-12-104 – Requirements for annexation contiguity were not met due to outdated municipal boundaries and Palmer Lake’s failure to update its legally required Three-Mile Plan, last revised in 2022​​.

2. C.R.S. 24-6-402 – Violations of the Colorado Open Meetings Law occurred when preferential access was given to certain individuals, capacity limits were arbitrarily lowered, and many citizens were excluded from meaningful participation​.

3. C.R.S. 24-6-101 – The lack of transparency, combined with inconsistent communication regarding the vote, disenfranchised residents who were misled into leaving before the Board unexpectedly approved the eligibility annexation​.

4. Violates Town of Palmer Lake Annexation Resolution: 60-2024, item 10:  Requirement that entire width of platted roads be annexed.

5. Violation of Town of Palmer Lake Annexation Eligibility Resolution 60-2024, Item 12: “The Petitions for annexation of the Property were signed by owners of 100% of the Property exclusive of streets and alleys.”

Exclusion and Disenfranchisement

Reports indicate that a significant number of residents were left outside in freezing weather conditions, unable to hear the meeting proceedings due to inadequate speakers and a livestream delay. Additionally, evidence suggests that certain individuals, including non-residents with ties to local officials, were given special treatment for entry​​.  Perhaps most disturbingly, the Mayor of Palmer Lake threatened citizens who raised concerns about potential conflicts of interest with the developer, using lawsuits as intimidation and contacting their employers to imply they should be fired—actions that violate Americans' constitutional rights to free speech and to petition the government for redress of grievances.

"Public trust was fundamentally broken," said Kat Gayle, Chief Legal Counsel of Integrity Matters. "When residents are turned away, denied a voice, and laws are disregarded, it erodes the foundation of representative governance. These actions cannot go unchallenged."

Citizen Legal Action on the Horizon

Integrity Matters is currently reviewing the evidence presented and evaluating legal options to address these violations. The organization supports affected residents who have filed a complaint with the Colorado Attorney General and is exploring further legal avenues to ensure compliance with state statutes.

Next Steps

Integrity Matters urges the Town of Palmer Lake to:

1. Call an emergency meeting to undo the illegal annexation vote.

2. Suspend any further annexation actions until a comprehensive review of the Three-Mile Plan is completed and legally updated.

3. Revisit the eligibility decision in full compliance with public meeting laws and provide equal access to all citizens.

4. Address the procedural breakdowns that led to preferential treatment and exclusion of key stakeholders.

The organization remains committed to supporting transparency, fair governance, and accountability in land-use decisions that significantly impact communities.

About Integrity Matters: Integrity Matters is a non-profit watchdog group advocating for transparency and ethical governance at all levels of government. We empower citizens to hold public officials accountable for decisions that impact their lives and communities.

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