NEWSLETTER
Vol. 50, No. 8, April 19, 2024
Empowered cities and towns, united for a strong Colorado
Local severance tax project dollars
to again backfill state budget
By Kevin Bommer, CML executive director
IT
happened again. And for many
cities and towns around Colorado, it
resurrects some painful memories.
Tucked away in the state’s $40.6 billion
budget for 2024-2025, thanks to House
Bill 24-1413, is $25 million of local
government severance tax revenue from
the Department of Local Aairs (DOLA)
Energy Impact Assistance Fund (EIAF).
It may not seem like much compared
to the gargantuan state budget, but
the reduction of the grant fund has
real consequences around the state,
mostly for rural and disadvantaged
municipalities.
Why the painful memories? Between
2008 and 2013, when Colorado’s
economy was suering from the Great
Recession, local governments saw over
$280 million of their severance tax
dollars swept into the state budget
none of which has ever been restored.
With local matches, the losses meant
$1 billion or more was prevented from
being invested, primarily for needed
infrastructure. Then in 2015, arguably
more economically vibrant times, EIAF
dollars were used to backfill the state’s
budget again, this time for TABOR
refunds. It ensured Colorado’s energy
impacted communities took the hit at
the same time the state’s revenue was
skyrocketing and its budget kept whole.
This year, lawmakers and the
administration recently celebrated
paying back money borrowed from the
funding increases required for K-12,
fulfilling a long overdue commitment.
Yet, there has not been a whisper
about any commitment to restore local
government’s funding for energy impacts,
infrastructure, and clean energy projects.
Despite statements from proponents
of the sweep, the $25 million was not
unused reserves or extra money laying
around. To protect a corpus from frequent
dips in severance revenue, DOLA wisely
does not expend all the severance tax
revenue it takes in each year. Given
the penchant since 2003 of budget
planners and writers for sweeping cash
funds, maybe DOLA should. Otherwise,
unobligated EIAF money will continue to
have a target painted on it.
Impacted municipalities, counties, and
special districts will certainly not forget
that lawmakers need to hear from them
and how actions the state takes to
balance its budget create real impacts.
The League will continue to advocate an
end to the practice of state lawmakers
solving state budget problems by
impacting local government revenue
streams and sweeping funds from much
needed grant programs.
2
CELEBRATE WITH CML
CONGRATULATIONS
CML wants to hear about your community’s success. Tell us about a grant you’ve
won, a new water tank, or anything else you’re excited about. Email CML Publication
& Design Specialist Alex Miller, amiller@cml.org.
CML congratulates Suzanne Leclercq, City of Woodland Park clerk and deputy city
manager, who was recently recognized with the Greater Woodland Park Chamber
of Commerce Employee of the Year award. With 20 years of dedicated service to
Woodland Park, Leclercq’s commitment to the community is truly inspiring. Watch
Leclercq’s interview at https://tinyurl.com/47b3f2h6.
CML Newsletter (ISSN 7439903) is published
biweekly by the Colorado Municipal League,
1144 Sherman St., Denver, CO 80203-2207, for
Colorado’s municipal ocials. (USPS 075-590)
Periodical postage paid in Denver, Colorado.
Editor: Denise White
Designer: Alex Miller
Circulation/mailing lists: Mark Vanderbrook
POSTMASTER: Send address change form 3579
to Colorado Municipal League, 1144 Sherman St.,
Denver, CO 80203-2207; (p) 303-831-6411 /
866-578-0936; (f) 303-860-8175.
Subscription to CML Newsletter is oered as a
portion of member dues.
Get this newsletter by email. The CML Newsletter
is available by email three days before it arrives
in the mail! Sign up at bit.ly/CMLNewsletter.
NEWSLETTER
CML WEBINAR
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for qualified uses for Colorado residents.
CollegeInvest is a division of the Colorado
Department of Higher Education. Register
for the webinar at cml.org.
CML Newsletter
In early April, the Division of Property Taxation completed property tax revenue
backfill reimbursement calculations for local governments for the 2023 property
tax year as required by Senate Bills 22-238 and 23B-001 and sent a report to the
state treasurer showing the aggregate reimbursement amounts to be issued to each
county. The total reimbursements under SB22-238 are $238,629,848 and the total
reimbursements under SB23B-001 are $53,293,639.
On April 15, the state treasurer issued warrants to each county treasurer. County
treasurers will soon be distributing the property tax backfill reimbursements to
eligible local governments located within their respective counties. The Department
of Local Aairs has published a spreadsheet showing the aggregate amounts that
will be issued to each county and the backfill reimbursement that each eligible local
government will receive for the 2023 property tax year. The spreadsheet is available
at https://tinyurl.com/5n7ts4m3.
For questions or additional information, please contact one of the following
property tax specialists with the Division of Property Taxation: Lori DeCrow at
lori.decro[email protected].us or Tony Werckman at tony.werckman@state.co.us. You can
also contact CML Senior Associate Counsel Rachel Bender at rbender@cml.org.
In a recent survey by the American Bar Association, a staggering 85% of Americans
feel that civility has declined over the past decade, with social media and the media
at large bearing much of the blame. There is a widespread belief, however, that
public ocials and community leaders hold the key to improving civility, with 79%
expressing a desire to see leaders collaborate and compromise for the greater good.
Colorado, like many states, is grappling with this challenge. The Colorado Municipal
League is launching the Civility Starts Here initiative, aimed at fostering respectful
dialogue in local governments across the state. This campaign, part of the 2024
President’s Civility Initiative, provides tools and resources for municipal leaders to
engage in productive conversations, even amid disagreement.
The initiative emphasizes that civility is not about agreement but deep listening,
managing emotions, and striving for understanding. It oers a definition of civility
and a Civility Pledge for individuals and councils, along with training and a Civility
Toolbox available on the CML website.
Ultimately, Civility Starts Here is a call to action for leaders to champion respectful
dialogue and understanding in their communities. While fostering civility will not
solve all the challenges of polarization in our democracy, it represents a crucial step
towards bridging divides, strengthening governance, and creating a healthier, more
constructive political climate. To learn more and join the movement, visit cml.org.
Local government backfill
for the 2023 property tax year
CML initiative: Civility Starts Here
Silverton has completed the annexation
of the San Juan County parcel known as
Anvil Mountain Subdivision.
In a March 27 special meeting, the Town
of Silverton Board of Trustees approved
the completion of the annexation of
Anvil Mountain Subdivision. Anvil Moun-
tain Subdivision in San Juan County is
just outside Silverton limits along High-
way 550. The subdivision consists of
market rate and deed-restricted houses
and lots, as well as a fully occupied
12-unit low-income apartment complex.
Anvil houses about 50 residents. The
annexation was completed just in time
for the April 2 election, allowing Anvil
Mountain residents to vote for their
town representation and on municipal
ballot issues.
Willy Tookey, San Juan County adminis-
trator, has been involved with the vision
for Anvil from the beginning.
“It’s great to see Anvil Mountain Sub-
division annexed into the town so that
everyone that lives there can partici-
pate in town elections and run for town
offices. It’s about time.”
San Juan County purchased the Anvil
Mountain property for the subdivision in
2003. The development of the sub-
division was a joint town and county
effort to increase affordable, attainable,
and market-rate housing stock. Anvil
Mountain Subdivision receives water
and sewer services from the town and
was always intended for annexation.
Silverton, San Juan County, and the San
Juan Development Association worked
harmoniously over the past three years
to add more affordable housing. San
Juan Development Association received
a grant from the Colorado Department
of Housing in 2023 to build three single
family homes deed-restricted at 80%
and 100% Area Median Income (AMI)
levels. The estimated completion date
for the first two homes is fall 2024 and
the third by fall 2025.
“It’s truly been an honor to help facili-
tate the annexation of the Anvil Moun-
tain Subdivision,” said Lucy Mulvihill,
Silverton’s community development
director. “As we celebrate annexation,
we’re also celebrating housing achieve-
ments, our community members’ right
to vote, and the hard work put into the
development of the Anvil.”
In 2022, Silverton received a Depart-
ment of Local Affairs (DOLA) grant to
purchase a critical property that was
both in the town and county along the
border of Anvil Mountain Subdivision.
The 1.24-acre property was purchased
from longtime residents and broth-
ers, George and Earnest Zanoni for
$430,000. This property gave the
town enough contiguous boundary
with the county subdivision to initiate a
sequence annexation. The 1.24 acres,
dubbed the Zanoni Parcel, will also be
dedicated for attainable and affordable
housing for residents who meet the
140% AMI threshold as defined by the
grant parameters. In 2024, the town
received a technical assistance grant
from the Colorado Housing and Finance
Authority to conceptualize the buildout
of the Zanoni Parcel.
“Without the county’s vision for afford-
able housing, the Town of Silverton
would not have this valuable space to
expand our affordable and workforce
housing,” said Gloria Kaasch-Buerger,
Silverton administrator.
Silverton formed the Silverton Housing
Authority in the fall of 2023. After hiring
a housing coordinator, Anne Chase, to
serve as director of the housing author-
ity, the town received a More Housing
Now grant facilitated through DOLA
for $88,090 for engineering plans for a
14-unit apartment building in Anvil that
would serve household income levels
at and below 80% AMI. The county pro-
vided the match for the grant through
its affordable housing fund dedicated
through the lodging tax.
“The Anvil neighborhood is poised to
have, if not already has, the highest den-
sity of year-round Silverton residents.
As we persist in our eorts of investing
in and developing aordable housing,
it is important that the tenants of these
homes, who are integral members of our
community and economy, have a voice in
local governance,” Anne Chase said.
An Anvil Mountain ribbon cutting cere-
mony was held April 1 with representa-
tives from Silverton, San Juan County,
San Juan Development Association,
DOLA, CDPHE, and residents to com-
memorate the occasion.
Town of Silverton annexes Anvil Mountain Subdivision
CML MEMBER SPOTLIGHT: SILVERTON
April 19, 2024 3
Silverton holds a ribbon cutting ceremony April 1 to celebrate the annexation of the
Anvil Mountain Subdivision.
4 CML Newsletter
Results of spring 2024 municipal elections
By Rachel Woolworth,
CML municipal research analyst
Voters in at least 80 cities and towns
across Colorado considered local candi-
dates and ballot measures in municipal
elections April 2. At least 50 municipali-
ties voted solely on candidates, while no
less than 30 also voted on ballot issues
and questions. More than 35 municipal
ballot measures were considered across
the state. Almost 50 municipalities can-
celed their regular elections, citing a lack
of competitive races.
The following results are unocial and
subject to change.
TAX AND BOND ISSUES
Sales and use tax increase questions
passed in Arriba for capital investments,
Deer Trail for infrastructure projects
and general revenue, Dolores for street
improvements and other public improve-
ments, Garden City for general purposes
including streets, law enforcement, and
administration, Holly for the general fund,
Lyons for infrastructure improvements
including streets, stormwater utility, and
electric undergrounding, and South Fork
for stang and infrastructure.
Voters in Estes Park passed a ten-year
extension of its sales tax to fund street
improvements, stormwater infrastruc-
ture expansions, trail reconstruction,
and wildfire mitigation. Westclie voters
authorized an extension of its sales tax in
perpetuity to fund street improvements,
among other uses.
Voters in Center approved a measure
to dedicate an existing sales tax to the
town’s general fund and economic devel-
opment fund.
A property tax mill levy increase to fund
Silver Plume’s portion of the Clear Creek
Fire Authority is currently ahead by three
votes.
A lodging tax increase was passed in
Silverthorne to fund capital projects relat-
ed to recreation and public safety, among
other uses.
Voters in Larkspur passed an admissions
tax to fund infrastructure improvements
and other general purposes.
In Wiley, voters narrowly approved the
creation of a use tax for motor and other
vehicles to fund general operating and
capital expenses.
REVENUE RETENTION AND DEBT
Fruita voters granted the city authority to
retain and spend all revenues collected
from all sources to fund the implementa-
tion of the city’s capital improvement plan.
Silverthorne’s ballot measure to grant
the town authority to increase debt up to
$50 million to finance workforce housing
projects is currently ahead by three votes
but was too close to call at publication
deadline.
GOVERNANCE
Campo voters passed a measure reduc-
ing the number of seats on the town’s
council from seven to five.
Larkspur and Sugar City voters rejected
measures reducing the number of seats
on their respective town council and
board by two.
Empire voters rejected a measure to
eliminate term limits for the town’s board
of trustees and mayor.
MARIJUANA
Silverton voters passed a sales tax in-
crease on retail marijuana and associated
products to be used for any municipal
purpose.
Voters in Ordway rejected a sales tax
increase on medical and retail marijuana
and associated products to fund enforce-
ment and administration of the town’s
marijuana industry.
ELECTION CHANGES
Voters in Buena Vista, Garden City,
Green Mountain Falls, and Poncha
Springs passed measures authorizing
their municipalities to move regular
elections to November of even-numbered
years.
PUBLICATION REQUIREMENTS
Blue River and Buena Vista voters
granted their town governments author-
ity to publish ordinances by title only in
the newspaper, provided the ordinanc-
es are published in full on the town’s
website.
Voters in La Jara passed a measure au-
thorizing the town to publish ordinances
by title only unless specifically required
by state statute to be published in full.
CHARTER AMENDMENTS
Breckenridge rejected amendments
lengthening the term of election com-
missioners from two to four years and
removing the requirement that board and
commission appointees be electors and
residents.
Johnstown approved amendments add-
ing a section on water policy to the town’s
charter, amending qualifications for
elective oce to replace the general pro-
hibition against convicted felons holding
elective oce, and modifying electoral
districts for councilmembers.
Larkspur approved an amendment
changing the town’s audit schedule to
comply with state statute and rejected
an amendment reducing the number of
councilmembers from six to four.
Timnath rejected an amendment prohibit-
ing the town from annexing property with
active state mining permits.
OTHER ISSUES
Estes Park voters rejected a citizen-initi-
ated measure regarding requiring adja-
cent property owner consent to develop-
ment applications.
Voters in Fraser narrowly rejected a
measure to create a downtown develop-
ment authority (DDA), while the measure
to authorize the DDA’s debt, if it had been
approved, is currently a tie vote and too
close to call at the time of publication.
Nederland voters clarified that they do
not support the permitting and construc-
tion of a local pump track.
SPECIAL ELECTIONS
On March 26, Steamboat Springs voters re-
jected an annexation agreement ordinance
associated with an aordable housing
project at Brown Ranch, a property owned
by the Yampa Valley Housing Authority.
Greenwood Village will conduct a special
election on April 16 regarding a property
owner’s petition to disconnect a parcel of
undeveloped property from the city.
5
April 19, 2024
Advocacy, information, and training to build strong cities and towns
RESEARCH CORNER
Data visualization by RACHEL WOOLWORTH, CML municipal research analyst, and ALEX MILLER, CML publication & design specialist
SNAPSHOT OF APRIL’S MUNICIPAL ELECTIONS
Editor’s note: election results are unocial and subject to change
municipalities with April elections
80
municipalities with canceled
April elections
49
municipal ballot measures considered
across the state
41
500
mayors and councilmembers/
trustees elected or reelected
votes cast in opposition
of ballot measures
tax increases passed (including sales,
propery, and lodging taxes)
votes cast in suppor
of ballot measures
12,560
10,875
9
municipalities voted to move
regular elections to November of
even-numbered years
4
sales tax extensions passed
2
municipalities voted to loosen
print publishing requirements for
town ordinances
3
of charer amendments passed
in home rule municipalities
50%
MUNICIPAL ELECTION TYPE
OUTCOME OF MUNICIPAL
BALLOT MEASURE
Voted on candidates only
Voted on ballot measures only
Voted on candidates and ballot measures
Percent of ballot measures passed
Percent of ballot measures failed
50
28
2
78%
22%
More than
(this includes uncontested candidates in
municipalities with canceled elections)
6 CML Newsletter
Karen Goldman,
Municipal Clerk Adviser Program
Municipal clerks in Colorado come to
their profession for a variety of reasons:
interest in government, a commitment to
their community, and, frankly, curiosity.
No matter the reason, all share the same
beginning: unlike most other profession-
als, clerks are not trained to do their jobs
until after they are hired.
What’s a new municipal clerk to do?
Fortunately, Colorado clerks have many
resources they can tap into. First and
foremost is the Colorado Municipal Clerks
Association (CMCA). Its main purpose is
to educate clerks in all aspects of their
jobs whether that includes their basic
responsibilities such as creating agenda
packets, maintaining government records,
conducting elections or working with
licensees or in developing leadership
skills. CMCA provides this through a
variety of online and in-person classes
called Professional Development Out-
reach (PDO), remote lunchtime presenta-
tions, and at the annual Municipal Clerks’
Institute, this year held in Fort Collins in
July. The cost for CMCA is nominal, and
the educational and networking opportu-
nities the institute provides are not only
a benefit to individual clerks but to those
they work for.
The International Institute of Municipal
Clerks (IIMC) is an organization comprised
of member clerks throughout the United
States, Canada, and foreign countries. The
institution provides educational opportuni-
ties through its annual conferences. IIMC
works with CMCA to ensure its education-
al oerings are eligible for points leading
to the professional designations Certified
Municipal Clerk (CMC) and Master Munic-
ipal Clerk (MMA), preferred by municipali-
ties when seeking to hire clerks.
The Colorado Municipal League is
another great resource. It manages the
clerk’s listserv the most active of all
those CML oversees a place where
clerks can ask for advice, request forms
and documents, share information, and
communicate will fellow professionals
throughout the state. CML has created
a number of handbooks and manuals on
a variety of subjects including elections
administration, boards and commis-
sions, and TABOR, as well as the Clerks’
Handbook. CML oversees the Municipal
Clerk Advisory Program, designed to
assist new clerks with questions about
their new jobs or to provide mentoring
and assistance with a particular issue to
any clerk in Colorado. Clerks can either
contact CML for referral or by email
charna4@comcast.net.
Finally, there is no substitute for re-
searching ordinances, resolutions, meet-
ing minutes, past budget documents,
municipal codes, and state statutes on
subjects relevant to both the munic-
ipality and the clerk’s role. The more
clerks know, the more they educate
themselves, the more they will be able
to serve as the important professionals
they are and the more value they will
be able to bring to their municipalities,
elected ocials, and citizens.
And that’s what a new municipal clerk
should do.
By Kharyl Jackson,
CML marketing & communications specialist
Spring is the time of year for change, and
these changes come alongside some ex-
citing news: Colorado Municipal League
will now hold district meetings in the
spring. The League also revised the meet-
ing format to begin with a social hour for
networking and member connection.
Our new Spring District Meetings are
an excellent opportunity for collabora-
tion among municipalities. By working
together, local governments can share
best practices and foster meaningful
progress for their communities. Each
municipality brings its unique strengths
and knowledge to the table.
Spring District Meetings will begin May
15 and continue throughout the month.
You can find additional information on
locations and registration at cml.org. For
questions about the meetings, contact
Karen Rosen, [email protected].
These meetings are also a great way to
get one-on-one time with CML sta to
share issues and challenges that matter
most to you and your community. We want
to know all about the unique needs of your
municipality and how CML can help.
CML members are always welcome to
participate in any district meeting that
interests them or fits their schedule.
Register for Spring District Meetings
at cml.org. We look forward to meeting
with members and hearing about what
is happening in your city or town! A map
of the new districts is available at
https://tinyurl.com/mr2zfty4.
SCHEDULE
District 1 Ft. Morgan on May 15
District 2 — Johnstown on May 29
District 3 — Northglenn on May 15
District 4 — Monument on May 30
District 5 — Burlington on May 16
District 6 — Rocky Ford on May 29
District 7/14 — Trinidad on May 17
District 8 — Monte Vista on May 21
District 9 — Cortez on May 20
District 10 — Montrose on May 23
District 11 — Palisade on May 22
District 12 — Granby on May 22
District 13 — Florence on May 23
District 15 — Dillon on May 23
The importance of being (earnestly) professional
Register now for CML Spring District Meetings
CLERKS’ CORNER
April 19, 2024 7
LEGAL CORNER
CML
By Sarah Walker, CML law clerk
Individuals with disabilities have an
established right under state and federal
law to be accompanied by service ani-
mals in any place of public accommoda-
tion. However, no ocial registration or
certification mechanism for service ani-
mals exists, posing a challenge to public
entities that want to verify an animal’s
status as a service animal. In Stalder v.
Colorado Mesa University, the Colorado
Court of Appeals provided some clarity
on the governing law.
In Stalder, a Colorado Mesa University
student sued the school and two school
employees for denying him the ability
to bring his service dog onto campus.
The student testified that he personally
trained his dog to remove him from situa-
tions that could trigger his post-traumatic
stress disorder, provide pressure therapy,
and remind him to take his medications.
The school employees asked the student
about the status of his dog as a service
animal and, based on the student’s
statement that the dog was an emotional
support animal as well as the employees’
observations of the dog’s behavior, de-
termined that the dog was not a service
animal covered under the Colorado Anti-
Discrimination Act (CADA) or the Ameri-
cans with Disabilities Act of 1990 (ADA).
When the student tried to bring the dog
onto campus, the school employees re-
fused to allow him to do so. While the dis-
trict court granted summary judgment in
favor of the school, the Court of Appeals
reversed the district court’s decision and
remanded for further proceedings.
GOVERNING LAW
Colorado courts have long held that
CADA and the ADA are “substantially
equivalent” so CADA should be interpret-
ed consistently with the ADA. Under ADA
regulations, a service animal is defined as
“any dog that is individually trained to do
work or perform tasks for the benefit of
an individual with a disability, including a
physical, sensory, psychiatric, intellectual,
or other mental disability.” Further, the
tasks or work the dog performs must be
related to the individual’s disability. CADA
goes further than the ADA and includes
service dogs-in-training.
The ADA does not mandate any specific
training standards, nor does it require
service animals to have a certain amount
or type of training. This means an animal’s
owner may train their service animal
themselves.
REJECTION OF THE “LEGITIMATE
SUSPICIONS” DOCTRINE
Under ADA regulations, public entities
may not ask about the nature or extent of
a person’s disability and may only ask two
questions to determine whether an animal
qualifies as a service animal: (1) If the
animal is required because of a disability,
and (2) What work or tasks the animal
has been trained to perform. The public
entity cannot require documentation of
the animal’s status as a service animal,
including documentation showing that the
animal is certified, trained, or licensed as
a service animal.
Some federal district courts outside of the
Tenth Circuit Court of Appeals have previ-
ously held that a public entity may inquire
beyond the two permissible questions if
there are “legitimate suspicions” about
an animal’s status as a service animal.
However, this doctrine does not appear in
the ADA or in any ADA regulations.
In Stalder, the school sought to invoke
the legitimate suspicions doctrine. In a
matter of first impression in Colorado, the
court held that the legitimate suspicions
doctrine is inconsistent with ADA
regulations and cannot support inquiries
made by public entities that go beyond
what the regulations expressly permit.
EFFECT OF THE COURT
OF APPEAL’S DECISION
For individuals with disabilities, the
court’s decision strengthens their legal
right to service dogs and reduces
fear that they may be unlawfully
discriminated against. The lawyer for
the student emphasized that the court’s
rejection of the legitimate suspicions
doctrine removes obstacles individuals
with disabilities face when public entities
question them because their service
animal does not seem legitimate.
However, for municipalities, the standard
established by the Court of Appeals
significantly limits their ability to ensure
people do not abuse this right that is
critical for individuals with disabilities.
Recognizing the prevalence of the issue,
Colorado law tries to deter people from
lying about their dog’s status as a service
animal. Under C.R.S. 18-13-107.7, individu-
als may not intentionally misrepresent an
animal in their possession as their service
animal or service animal in training for the
purpose of obtaining additional rights. A
violation of this law carries with it a fine
ranging from $25 to $500. The court’s
decision in Stalder, however, may make it
more dicult for public entities to combat
the issue and to prosecute people under
this law.
To comply with the ADA and CADA,
municipal ocials should be informed
of and understand the limited questions
they may ask to determine whether an
animal is a service animal.
This column is not intended and should
not be taken as legal advice. Municipal
ocials are always encouraged to
consult with their own attorneys.
Court clarifies permissible scope of inquiry for service animals
Periodical postage
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at Denver, Colorado
USPS 075-590
1144 Sherman St. • Denver, CO • 80203-2207
NEWSLETTER
Vol. 50, No. 8, April 19, 2024
• CML unveils Civility Starts Here campaign
• Local severance tax project dollars to again backfill state budget
• Research Corner: Snapshot of spring municipal elections
• Legal Corner: Court clarifies permissible scope of inquiry for service animals
Featured in this issue:
