Park County commissioners voted 2-1 on March 17 to deny a $609,713 Land and Water Trust Fund grant application from Fire Adapted Bailey for a mountain pine beetle watershed mitigation project, with two commissioners concluding the fund was not intended for forest management work and that spending tax dollars on private property mitigation was difficult to justify. The board also continued a public hearing on revised 1041 water and wastewater regulations to April 7, unanimously approved two State Historical Fund grant applications totaling $300,000 for the Paris Mill and Old Park County Courthouse, advanced three land use cases including a new Bailey Water and Sanitation District treatment plant, and postponed approval of a family law services contract pending legal review.
Fire Mitigation Grant Denied
Commissioners Mitchell and Wissel voted to deny Fire Adapted Bailey’s application for the Mountain Pine Beetle Watershed Mitigation Project. Commissioner Gemmer dissented. The two-year project would have targeted beetle-killed trees in the Upper South Platte River Watershed within Platte Canyon Fire Protection District boundaries, with a total project budget of approximately $1.4 million including the $609,713 grant request, applicant match, and in-kind services.
Commissioner Wissel, who said he was among those who created the Land and Water Trust Fund in 1997 to defend against Aurora’s surface water claims, said he had reviewed both the original ballot language and subsequent reauthorizations. He said he could not support spending the fund on the project despite its merits, questioning whether voters ever intended the fund to cover cutting trees for beetle management or removing dead and fallen trees.
Commissioner Mitchell cited three reasons for denial: the ballot language does not clearly support forest management expenditures, she had difficulty with spending taxpayer money for mitigation on private property, and she questioned whether enough time remained this year to make a meaningful difference given that beetles may fly earlier than usual due to current weather conditions.
Commissioner Gemmer argued the project falls within watershed protection language, noting that beetle-killed trees create a significant fire risk and that a catastrophic fire would cause major damage to the watershed. He said inaction this year would leave conditions substantially worse the following year.
After the vote, Wissel said the issue is not resolved and announced plans to convene an early April meeting with the Coalition for the Upper South Platte, Forest Service representatives from both the South Platte and South Park districts, fire chiefs, and downstream water utilities to develop alternative approaches to the beetle problem.
1041 Water Regulations Continued
The board continued a public hearing on revised 1041 regulations governing domestic water and wastewater treatment systems to April 7. The regulations, last updated in 1997, would require permits for water systems serving 15 or more connections and sewage systems with 2,000 gallons per day capacity or greater. A moratorium on such projects expires April 30.
Special counsel presented key revisions responding to earlier public comments, including clarifying the relationship between 1041 permits and land use regulations, adding definitions for mitigation and impact areas, and creating an administrative finding-of-no-significant-impact process for smaller projects.
Before opening public comment, Wissel disclosed that he has served as chairman of the Headwater Authority of the South Platte since 2007 and that HASP submitted a comment letter on the regulations. He said he took no part in developing that letter and did not attend the board meeting where it was written.
Sarah Young, assistant general manager of Aurora Water, raised concerns about language in Section 432 she said shifts the county’s role from regulatory body to project planner, an absolute prohibition in Section 417 against resident displacement that lacks definitions, and the need for language deferring technical evaluations to agencies with primary expertise such as the Colorado Department of Public Health and Environment.
David Shohet, representing the Headwater Authority of the South Platte, recommended giving the county an option to enter intergovernmental agreements in lieu of permits at the county’s discretion, adding time requirements for Colorado Parks and Wildlife consultation, and clarifying what would meet the finding-of-no-significant-impact standard. Christopher Olney, representing Colorado Springs Utilities, submitted similar concerns about the intergovernmental agreement language and alternatives analysis. Jack Cropper, a Placer Valley resident, urged removal of any intergovernmental agreement language that would allow applicants to circumvent regulations and asked for a definition of “service connection” in the regulations.
County Manager Lucas Meyer recommended a two-step process: an April 7 meeting for commissioners to consolidate their direction to staff, followed by a meeting in the third week of April targeting final adoption before the moratorium expires.
Historic Preservation Grants Approved
Commissioners unanimously approved two State Historical Fund grant applications. The Paris Mill mini grant requests $50,000 of a $109,000 project to develop architectural and engineering plans for reconstructing a historic tram tower and shoring up the center section foundation at the 11,000-foot elevation site. The Old Park County Courthouse grant requests $250,000 of a $266,329 project to rehabilitate the basement and ground floor for ADA accessibility, level uneven floors, and install an accessible bathroom in preparation for a future external elevator.
Historic Preservationist Kate McCoy noted the Paris Mill application qualifies as a mini grant requiring only staff review, which she said increases its approval chances.
Land Use Cases Approved
Commissioners unanimously approved a boundary adjustment transferring 0.90 acres between two lots owned by KPCO Holdings LLC in the Estates of Colorado Subdivision in Hartsel, bringing existing structures into compliance with setback regulations.
The board also approved both a minor subdivision creating three lots from a 33.58-acre parcel and a conditional use permit for Bailey Water and Sanitation District’s replacement water treatment facility on County Road 64A. District Attorney Anita Marchant said the project is necessary because the current facility, built in the late 1960s, is no longer efficient or cost-effective. Commissioner Wissel noted the Bailey Water project was exempted from the 1041 moratorium because it involves upgrading an existing facility to meet state compliance standards rather than constructing a new system.
Other Business
The board postponed approval of an $85,000 annual contract with AWH Family Law LLC for dependency, neglect, and juvenile delinquency services, citing the need for legal review and corrections to remove references to a former law firm. Commissioners approved a UKG Company pricing proposal for payroll system modernization.
No members of the public spoke during the general public comment period. The meeting adjourned at 3:38 p.m.
Support Independent Local Journalism — High Country Advocate was created as a real alternative to regional media that too often silences dissenting voices while taking sides in the political struggle. Producing in-depth, unflinching reporting like this series and others is expensive: servers, editing, research time, and legal review all add up quickly. If these articles have informed you or given you new perspective, please consider supporting HCA with a paid subscription — every subscriber helps keep this reporting strong and independent. 