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Here’s why some Lyons community members are supporting Mark Browning for mayor. (2 minute video)

Fire Risk Mitigation

During the March 4 candidates’ forum, a small wildfire was burning about 5 miles away on Heil Ranch. Despite that, IMO, too little attention was focused on fire risk migration.

Fire danger was acknowledged as a serious risk in Lyons and there was general agreement it’s high priority. But exactly WHAT should we do to reduce risk?

I’ll explore that here, in more depth than a 1.5-minute candidates’ forum answer.

History:  Why No Lyons WUI Code?

In March 2022, a Lyons Wildfire Task Force recommended adopting a local WUI (“Wildland Urban Interface”) Code.  

Four years later, the Board of Trustees finally adopted, under a State mandate, a local WUI Code that is prospective only.  With a few exceptions (like new fences and home additions >500 square feet), it will only apply to new homes started after June 30, 2026.   In built-out Lyons, there are only about 8 vacant lots for new homes.

We shouldn’t pretend a prospective-only WUI Code will significantly reduce wildfire risk. It won’t.

Why hasn’t Lyons done something impactful in the 4 years since our task force recommended it?

Two reasons, IMO:  inertia and fear.

Inertia in the sense that it was easy and convenient to say “let’s wait for the state code to be drafted”.  So we waited, even though we knew the state code would be prospective-only, with little real impact in Lyons.  We could also wait for the local Community Wildfire Protection Plan (just now being completed) to be updated.  So we waited. 

Fear of blowback (resistance to retroactive measures for existing homes) is another reason.  The State legislature was so fearful of citizen blowback that it denied the Wildfire Code Board any authority to “go retroactive”.  Across the state, municipalities have balked at going retroactive.  Boulder has been studying retroactive measures for some time, but hasn’t pulled the trigger.

All that is reminiscent of what local governments in the Lahaina, HI area did in the years prior to fire wiping out much of the town.  Afterwards, angry citizens asked, “Why didn’t you do something?”  Google AI summarizes:

“Evidence indicates that local government, state agencies, and officials in Maui delayed or failed to implement critical fire risk mitigation measures for years leading up to the devastating 2023 Lahaina wildfire. Despite identifying West Maui as having one of the highest wildfire risks on the island …  proactive policies were slow to be adopted.” 

We’ve done the same in Lyons.  We haven’t done enough soon enough. We mitigated some Town property and will do more of that.  Evacuation plans are being worked on.  Those things are good, but we also need a real local WUI code.

Will “Carrots Only” Work?

The easiest approach to wildfire risk mitigation is to say, “Let’s educate people and give them incentives to mitigate.”  

On my initiative, Lyons in 2025 started matching up to $500 for participants in Boulder County’s Wildfire Partners program.  About 12 homes did.  Lyons has about 940 homes, so that’s 1.3%  At that rate, it will take 8 years to reach 10% town-wide.

If 1 in 10 close-together homes has been mitigated 8 years from now how much town-wide protection would that give?  Not much.

Let’s learn from Vail’s experience. Vail is similar to Lyons in size (about 4,600 pop., so a bit larger) and almost built-out status.  Vail and its residents have more financial resources than Lyons does.

As a member of a new Lyons WUI Code task force, I talked in detail with Vail’s fire chief about how successful Vail’s “carrots only” approach has been.  Answer:  not successful enough. 

 Vail adopted a prospective-only local WUI Code 5 years ago, backing away from retroactive measures in the 5-foot zone due to some legacy residents’ objections.  Vail’s “Fire Free Five” program pays 75% of mitigation costs, with property owners paying 25%.  The reimbursement cap is $2000. 

After 5 years of generous “carrots” assistance, only 15-20% of Vail properties have mitigated 5 foot zones.  Vail is now proceeding toward retroactive measures.

IMO, although Lyons should continue offering carrots, we shouldn’t play Pollyanna for 5+ years and pretend we’ll have satisfactory progress.Vail’s experience with more generous carrots shows carrots-only won’t get us where we need to be.

The draft Lyons Fire District Community Wildfire Protection Plan agrees.  It says (p. 61):  “Town of Lyons should adopt a Wildfire Resiliency Code which includes retroactive requirements prioritizing homeowner actions to improve wildfire resistance in the Home Ignition Zone (home construction and the first five feet). The lowest cost and most effective actions should be mandatory, and other important recommendations should be strongly encouraged and incentivized if possible.”

What Should We Do? 

Our Town/Fire District task force explored options for retroactive measures, focusing on the 5-foot zone.  We found things that would be DIY for most residents and relatively inexpensive, particularly if the Town pays part of the cost.  

Examples:  (1) remove flammable materials within 5 feet of structures, (2) limb up to 6 feet non-deciduous tree branches within 5 feet of buildings, (3) remove “duff” under trees within 5 feet, (4) put 1/8 inch screen mesh in vents, (5) achieve 6-inch ground clearance below wood or vinyl siding.  Another possibility:  cut (with Town assistance) junipers within 5 feet to within 6 inches of the ground (stump removal not required).  

We also looked at harder/more expensive steps:  replace wood fences within 8 feet of structures, install flashing at contact points.  Though desirable for risk mitigation, the expense and non-DIY nature of those things (and some others) may be a bridge too far for an initial retroactive measures effort.  The BOT would need to decide.

Adequate opportunity for public comment is essential before any measures are made mandatory.  (Some opposition is to be expected).  A grace period (1 year, maybe?) to comply should be given.  Costs should be shared.

The  BOT would have to budget more money for both cost-sharing and compliance monitoring.  (The latter cost might be split with LFPD.)  My view is that if we’re not just “blowing smoke” (so to speak) on fire risk mitigation as a priority, we have to find the money.  That’s what prioritising means.  Some grant funds may be available. 

Should Lyons Take the Lead?

Our task force research revealed that few Colorado towns have “gone retroactive”.  So should tiny Lyons (possibly along with Vail) “go first”?  Should we take the lead, as we’ve done in other areas like ADUs and achieving our 10% local affordable housing goal (#1 in Boulder County)? 

I stand with the noted philosopher Lavern Johnson (this is on her statue across from Town Hall):  “Lead, follow, or get out of the way.”  I say we lead.

Economic Vitality

“Economic Vitality”

That’s one of the priorities (along with infrastructure and fire risk mitigation) I’m focusing on in my mayoral campaign, because I believe those are the priorities citizens have identified.

I waited to post this until after the two-night candidates’ forum on business issues.  (Thanks Eric Kean, RiverBend and others for doing that).  For those who couldn’t make it, I’ll summarize a few issues discussed at the forum and then list some additional ideas I have.

BUSINESS FORUM ISSUES

Communication/Transparency – “No last-minute surprises” was a concern of businesses and property owners.  Getting info about BOT agenda items on Thursday or Friday before a Monday meeting isn’t enough notice.  And “first discussions”, even if no decisions are made, can be important.  My response:  mayors (along with the Town Administrator) set agenda topics on the Mondays before BOT meetings.  Trustees and those who an issue may affect (businesses, neighborhoods) can be alerted earlier – at least a week ahead – about what’s coming.

Ombudsperson – Several candidates suggested a Town “ombudsperson” to help guide businesses and citizens through Town processes.  It’s a good idea. It’s what I proposed as a BOT member 6 years ago when we went from a part-time outside contractor “Code Enforcement Officer” to an in-house “Code Compliance Officer”, with the difference being that the new officer would help people comply with the Code, not just do enforcement for violations.  That service needs to be emphasized and communicated to businesses and residents.  We have a good Code Compliance person who can do that job. 

Complex Processes – How to streamline things like development applications?  I was part of a Town task force in 2021 to revise the Code to streamline the review process after complaints about how long it took (88 days) to approve a pole barn ar the Farmette.  We put staff response deadlines and some shortcut-the-red-tape provisions into the Code. It took 51 days to approve the big hotel application, 62 days for 402 Main and 69 days for RiverBend’s new PUD.  Then RiverBend utilized one of the new shortcuts to avoid a second extended review process for its development plan.  So we streamlined and it seems to have worked (shorter approval times).  I’ve got a few tweaks for further streamlining, which I’ll be glad to discuss with business owners and Town staff.

Budgeted Business Support – It was suggested the Town budgets only $12,000/yr for business support. Not so The “Economic Development”  budget section totals $104,000.  Another $55,000 is budgeted to landscape Main Street, Lyons’ main commercial drag  There are more business-related items in the budget.  Finite Town resources limit what we can do, but we do try.  A re-born Chamber of Commerce will help.

OTHER IDEAS

I’ve got a some other economic vitality ideas that weren’t the subject of questions at the forums:

Vacant Spaces  – A problem downtown is too many vacant spaces, reducing foot traffic.  Borrowing an idea from other places (see Lafayette’s”Vacant to Vibrant” program), we should offer incentives – reduced permit fees and use taxes – to new or relocated businesses that fill vacant commercial spaces. 

Event Tie-ins – When special events (Old Man Winter, Summer Vibes) are permitted or sponsored by the Town, we should require tie-ins to local businesses.  Food or drink concessions should be offered first to local restaurants.  Event promoters should document their outreach to local businesses for promotions (like discount coupons) for event participants.  Getting visitors to parks isn’t enough.  Getting them to also visit local businesses is important.

Promote Business Sectors – The Town can’t use tax money to advertise individual businesses, but we can promote business sectors (restaurants, shops, music venues), identifying businesses within those sectors.  We should do more of that.

Outdoor Recreation Destination  – We need to do a better job of working with Boulder County on a regional trail system.  BC Parks & Open Space is getting a new director and we need to re-engage.  If a Town-to-Hall-Ranch connector trail below Crona Hill is still a “no”, we need to start working on Hall Ranch II (former Andasite mine) connections & use.

Sundance – Lyons’ ability to capitalize on the Sundance Festival is limited compared to other places because we have only one small hotel for overnight guests.  We can still do promotional things though, and we can make it easier (waive license fees, for ex.)  to temporarily offer more Airbnbs in homes during Sundance.  I’ve requested a BOT agenda item to discuss that and hope the Economic Vitality Commission will work on ideas. 

Where I stand on issues

Where I Stand on Major Town Issues

Communication/Transparency – The Town needs to get better at communicating with residents and businesses before even initial meeting discussions of things that impact them – for 

ex., events in neighborhoods, contractor rules, property restrictions. Once citizen and business input is received (like survey responses), it should get great weight in decisions.

Infrastructure – We must fix the wastewater treatment plant and do it right this time.  We need to shore up the collapsing culvert through North Lyons.  And we need to fix failed streets.  We should try to pay for those things without raising taxes by using grants and low-interest state loans, plus carefully prioritizing what’s really essential.

Fire Risk Mitigation – Just adopting a new State code applying only to new buildings won’t do much for Lyons fire safety, with less than 10 vacant lots left.  We need to add some limited retroactive steps (like cutting junipers within 5 feet of houses) based on citizen input.

The Town should share costs with residents.

Economic Vitality – The Town should work with, not against, business and property owners.  No unnecessary property restrictions.  Offer incentives (reduced fees & taxes) to fill vacant spaces. Shorten development review time.  Promote business sectors (music/wedding venues, restaurants, shops).  Engage with Boulder County to boost outdoor recreation.

Housing – With the 224 Seward property, Lyons has met its 10% local affordable housing goal.  We’re #1 in Boulder County.  Citizens have said more AH at big cost to local taxpayers shouldn’t be a Town budget priority.  Future efforts (such as in the Eastern Corridor) must make economic sense to be successful. 

Streets & sidewalks

“Fix the streets” is a common refrain in Lyons, as in most towns.

Where does Lyons stand on streets (and sidewalks)?

Citizens’ Views

A good place to start is, “What do citizens think?”

In 2025, a Town survey on budget priorities attracted the most citizen responses ever.  Their top priorities were:

Infrastructure (streets/water-sewer/stormwater) – 55

Wildfire mitigation – 36

Economic development – 32

Housing – 7 

Which streets did they identify as their highest priority? 

2nd Ave. (21)

3rd Ave. (10)

5th Ave. (10)

What is the Town Doing?

It’s doing studies, as usual.  The latest is a 2024 Pavement Options Report, found here: https://townoflyons.com/DocumentCenter/View/2931/Lyons_2024-Pavement-Options-Report?bidId=   

The report is long and written in “consultantese”.  A quick summary:  57% of Lyons streets are in good shape, 16% are fair, and 27% are poor to very poor (failed streets).  Budget choices must be made between big one-time costs to fix failed streets or spending money over time to maintain not-yet-failed streets.  There’s not enough money to do both things to the extent desired. 

In recent years, the Town has leaned more toward maintaining not-yet-failed streets, doing things like chip seal overlays.  But currently under review is what it would take to fix failed upper 2nd Ave. and also upper 3rd Ave.

That would be a huge project for Lyons, partly because stormwater drainage must also be dealt with.  As pictured, 2nd Ave. is crumbling away due to rain and snowmelt to the point of 9-inch potholes and scattered pieces of asphalt.  It makes no sense to do a new street and let stormwater wash it away.

So 2nd//3rd Ave. would be a combined stormwater/streets project.  

How to Pay for It?

Potential funding sources include a low-interest state loan fund for stormwater projects, repaid with the 0.5 cent sales tax increase Lyons voters approved in 2024. The 0.5 cent sales tax money has been set aside since it began accruing in mid-2024.  By year-end 2026, about $924,000 plus earned interest will be available.

Other possible funding sources: (1) an existing streets capital fund with a $219,000 projected year-end balance and (2) $200,000 budgeted (but not yet allocated) for 2026 streets work.

Sidewalks

What about sidewalks, you might ask.  That’s a complex, controversial subject (some people love sidewalks, others think they’re wasteful and unnecessary) suitable for its own post, but suffice it to say sidewalks are expensive and can add a lot to streets costs.  (Note that sidewalks weren’t done post-flood on Evans, Park & Prospect Streets in the Confluence, based on residents’ preferences.) 

A 2024 sidewalk study (excuse me, “Pedestrian Network Plan” in consultantese) estimated $4.7 million for top priority Lyons sidewalks, with breakdowns of individual segments:  

Sidewalk Study

We don’t have $4.7 mil for sidewalks.  (However, a grant-funded Safe Routes to School sidewalks project is underway for the elementary school area, with construction expected in the next year.  That’s a top priority for me.) 

Summary

I believe citizens’ views should be respected when prioritizing expenditures for infrastructure (including streets), wildfire mitigation and economic development over other things, including housing.  Likewise as to prioritizing among streets projects, with sidewalks funding less of a priority and subject to public input.  There’s not enough money to do everything we’d like, so prioritizing is crucial.

Collapsing culvert

Pictures are worth a thousand words.

These pictures (taken in 2025) tell us much of what we need to know about one of Lyons’ infrastructure needs:  to shore up the old drainage culvert running from Steamboat Valley through North Lyons (between 4th and 5th Avenues) and under the central business district.  

What’s the Problem?

Parts of the culvert are believed to date back to the 1890s.  It’s since been added to, patched up and sometimes cleaned out.  But now – put simply – it’s in danger of collapsing.  

What damage a collapse would cause depends on how much of it breaks, where, and how much it rains. The 2017 Stormwater Master Plan warned that runoff from Steamboat Valley is “the most significant flood hazard impacting downtown Lyons.”  Note: the hazard is greater than from another river flood.

And not just downtown is at risk.  The Master Plan continued: “Any flow not intercepted by the historic stone culvert continues on the surface flowing through back yards with additional impact to private property and structures.”  Translation:  houses would flood.

The 2016 Stormwater Plan, a very detailed study by a top engineering firm, made dangers and risks clear.  Here’s the full report:  https://www.townoflyons.com/DocumentCenter/View/2598/Lyons-StormWater-Draft-Report-December-2016

Why Hasn’t It Been Fixed?

So, you may ask, if the Town has been on notice of the risk since 2016 and has recent photos showing parts of the culvert are near collapse, why hasn’t something been done about it? 

Simple, honest answer:  money.  Fixing the culvert as it should be fixed would cost more money than the Town has.

The 2016 Master Plan estimated $7.5 million to re-do the whole culvert.  Figure double that now – $15 million or so.  That’s beyond the Town’s means.

What Can We Afford to Do About It?

In 2025, the Town engaged Martin/Martin Engineers to survey the culvert and detail what could be fixed at what cost.   

The 2025 report identified the “worst of the worst” parts of the culvert, with lots of pictures.  Here’s a link, with pictures in Appendix C showing “Areas of Damage/Concern” (the worst parts): https://www.townoflyons.com/AgendaCenter/ViewFile/Item/14753?fileID=34507

Estimated cost to shore up “High Concern” areas only: $500,000.

Available balance in the Town Stormwater Fund (which comes from a $10 monthly fee on your utility bill):  about $250,000.

The Town is submitting a $250,000 grant request to the State, which has preliminarily suggested the culvert’s historic nature may help in grant review.  The State Historic Preservation Office may be involved.   

If that grant comes through, there may be enough matching money in the Stormwater Fund to at least fix the worst culvert spots without a big rate increase.  Without grant money, we’re probably looking at either (a) a rate increase to do $500,000 in repairs, or (b) continuing to cross our fingers and hope it doesn’t collapse.   

I don’t think taking that chance is really an option.  We’ve got to fix our infrastructure, including the culvert.

Summary

As photos show, parts of the 1890s-vintage stormwater culvert running from Steamboat Valley through North Lyons and under downtown are at risk of collapse.  To fix the whole culvert might cost $15 million, which the Town doesn’t have.  Just shoring up the worst parts will cost at least $500,000, which the Town is trying to raise with $250,000 of Town funds plus a state grant.   Hope for no collapse until at least the “band aid” fix can be done. 

Warning:  Don’t try to go into the culvert and look around.  It’s dangerous.

Wastewater plant

The biggest-dollar infrastructure issue facing Lyons is the wastewater treatment facility (which I’ll call, with irony intended, the “WWTF”).  The Town may have to spend $4 million, or $10  million, or more to repair and upgrade it.

That’s a big chunk of change for a town our size and raises obvious questions like  “How can we pay for that?” and “Will taxes or sewer rates have to go up?”  (Answer:  maybe not, depending on choices made. See “How Can We Pay For It?” below.)  

First let’s look at where we are and how we got here.  “Didn’t we just pay a lot for a new plant?” some may ask.

What We’ve Got

The current WWTF went on line in December 2015, replacing (on the same spot) an old plant in imminent danger of failing.   Pre-flood (2013), two engineering reports confirmed a new plant was essential.  A “connect to Longmont” option was explored, but that would’ve cost too much and taken too long (9-mile pipeline requiring many hard-to-get easements).

The new plant cost about $5.5 million.  A bigger, better plant could have been done, but cost was (like always) an issue.  The higher the cost, the higher sewer rates you pay. No free lunch.

 Honeywell, which was doing an energy costs study for Lyons, was selected as general contractor.  Honeywell promised big energy savings from the new plant.  Honeywell and an engineering firm warned that the lower-cost option selected was designed to treat residential wastewater only, not high-strength industrial wastewater or even FOG (“fat-oil-grease”)-laden wastewater from local restaurants. 

The plant was an operational nightmare from the start.  Promised energy cost savings weren’t realized.  Design and construction errors became apparent. Operating costs soared. 

The Town blamed Honeywell and its subcontractors.  Honeywell blamed the Town for not controlling high-strength wastewater intake or FOG, saying the plant wasn’t designed for what the Town was letting go into it.

The Town sued Honeywell.  Honeywell counter-sued, seeking $550,000 of contract “extras”.  Honeywell invoked arbitration.  Both sides spent a lot of money on lawyers and expert witnesses.  The Town raised sewer rates to pay for plant operation and the lawsuit..

The suit was settled in 2023, with Honeywell paying $1.8 million.  But the Town had spent $400,000 or more on lawsuit costs, so it netted less than $1.4 million. 

In the meantime, the Town got  a new operating permit from the State, necessitated by inflow “load” (Biochemical Oxygen Demand and Total Suspended Solids) that exceeded prior permit limits.  As a condition for the permit, plant upgrades were required.

The WWTF we have now is, in a sense,, held together by bandaids and duct tape.  The odor control system is broken, which causes bad smells.  The centrifuge stopped working (costing $10,000/week to haul off untreated sludge), but was repaired and is now operating at reduced capacity.  The ultraviolet treatment system needs totally replacing.  The blowers are undersized.  Piping needs rerouting.  And much more.

That’s where we are with the current plant.  In a mess.

Where We’re Headed 

Consor Engineering is nearing the 30% design point for a repaired, upgraded plant.  The design contract alone is for $635,000.  Actual repairs and upgrades will cost much more.

How much?  JVA Engineering, in 2024, did an in-depth study and laid out a set of options.  Depending on how much additional volume and organic load (high-strength wastewater inflow) is anticipated, costs could range from $4.5 million up to $18 million.

The timetable to complete design and begin construction is uncertain, partly because the State has to sign off on design.  Then a construction contract has to be bid out. Then the work has to be done.  (Likely not by Honeywell.)  

For part of the work, there’s really no choice.  State-required upgrades (a condition of the new permit) are estimated at $1.6 million.  Replace the “just hanging on” centrifuge? $880,000. Replace the broken odor control system? $1,040,000. Replace the UV system? $340,000. And those numbers don’t account for construction inflation over the build-out time.  

The repaired/upgraded plant should las aboutt 10 years.  More if we’re lucky. (We haven’t been.) Then the Town gets to do the whole thing again.

Why not join up with Longmont, like we do for water?  JVA’s 2024 estimate for that option was $20,200.000.  We don’t (and won’t) have $20 million. 

How Do We Pay For It?

Even if WWTF repairs and upgrades “only” cost $5 million or so, that’s a big challenge for Lyons, which will struggle to avoid budget deficits in 2027 or later even if there were no big capital project costs.  (And there are others coming besides the WWTF.)

So how to pay the WWTF costs? 

There are several possible financing sources.  One is remaining money from the Honeywell settlement, though that may shrink if more interim repairs and costs (like sludge-hauling) are needed.  There’s also $300,000 from selling the old Apple Valley water treatment plant.  The Town also has somewhere around $500,000 of surplus water rights, though monetizing those isn’t easy.

Grants would be nice (and will be looked into), but federal grant money for Colorado is a long shot at best these days.  And the State is looking at big budget deficits.  The chances of getting another $1 million grant like we got for the existing plant aren’t great. 

Low interest (maybe 3%) loans from the State are the most likely source of bridging the gap between the Town’s own funds and the $4.5+ million cost.  That’s how the current plant was mostly paid for: low-interest State loans we’re still paying back.  In 2024, Lyons paid off an old water system loan with annual debt service of $300,000, so we have some borrowing capacity in the combined Water/Wastewater Fund.

Summary

We have to fix and upgrade the WWTF.  The process is underway.  Exactly what all we end up doing is yet to be decided.  Whatever we do will cost a lot.  We have some ways to fund it, but it will be a stretch.  Whether sewer rates will go up depends on what repair/replacement options we choose and what the State does.  When we talk about infrastructure in Lyons, the WWTF is the Big Kahuna.

Why I’m Running for Mayor

Democracy is important to me. Our democracy is in peril in many respects, and rebuilding it from the local level up is how I can help. To do that, Lyons town government needs to listen to citizens and respect their views. They have said what’s important to them: infrastructure, fire risk mitigation, economic vitality. I want to put my experience to use in getting done what citizens have said they want done.