NEWSLETTER Vol. 47, No. 4, February 12, 2021

CML now accepting nominations for Sam Mamet Good Governance Award is given annually to one to Any municipal elected official, staff three individuals who exemplify member, or other individual in public and seek to expand the service who exemplifies principles of good application of principles of good governance is eligible to receive the award. governance, which may include: Eligible individuals may be presented for 1. Efficiency and effectiveness consideration through the completion and of government submission of the form at bit.ly/Mamet21, 2. Responsiveness to need or CML Board members and the CML 3. Openness and transparency executive director, with approval from 4. Respect for the rule of law the CML Board president, may also add 5. Accountability to self nominees for consideration. and others Final selection of the recipient will be 6. Inclusivity made by the CML Executive Board at 7. Ethical behavior and conduct its regular April meeting prior to the 8. Innovation Annual Conference, and recipients will 9. Representation of all be notified and provided with a per diem constituencies reimbursement for expenses and one night CML Executive Director Kevin Bommer presents the 10. Fiscal accountability 2020 Sam Mamet Good Governance Award to Colorado of lodging, if not already registered to Springs Mayor John Suthers The award will be presented attend the conference. during the CML Annual Deadline for submissions is Wednesday, Applications are now open for the 2021 Sam Conference. Recipients will March 31, 2021. Mamet Good Governance Award. To apply, be given a complimentary registration to Information about last year's winner, please visit bit.ly/Mamet21. the following year’s annual conference Colorado Springs Mayor John Suthers, is and invited to assist in presentation of the In 2019, CML announced the creation of available at bit.ly/3aKawpp. the Sam Mamet Good Governance Award award to their successor or successors. in honor of retired CML Executive Director A plaque containing the names of all Sam Mamet. Beginning in 2020, the award recipients and the year of the award will be maintained at CML.

CML mourns the loss of local government family members The Colorado Municipal League joins co-founder of the popular Bonfire Brewing local businesses. All of us at the Colorado the Town of Eagle and Eagle County in downtown Eagle. They were all together Municipal League extend our deepest in mourning the loss in a tragic backcountry with a larger group skiing in the backcountry condolences to each family, as well as the avalanche of three leaders who dedicated of San Juan County on Feb. 1 when an extended local government family." themselves to the Eagle Valley and avalanche was triggered. Separate donation pages have been set public service. "The family of Colorado local governments, up on GoFundMe for those who may wish Town of Eagle Mayor Pro Tem Andy Jessen while diverse, is very tight knit," said Kevin to help support the families of Bossung and Council Member Adam Palmer both Bommer, CML executive director. "These (bit.ly/3aNE59x), Jessen (bit.ly/3rzLj81), and served as municipal officials, and both were all people who cared about their Palmer (bit.ly/2Lu2fgK). Palmer and Seth Bossung were employed community and chose to make a difference by Eagle County. Jessen was also through public service and work with

Empowered cities and towns, united for a strong Colorado CML releases updated How to Hire a Local Congratulations CML congratulates Mark Vanderbrook, Government Manager or Administrator who celebrated his work anniversary For many governing board members, hiring Jefferson County human resources director, in February. a local government manager may be the for their contributions to the latest edition. Mark Vanderbrook most important decision you will make CML Associate Member CPS HR Consulting Database Specialist during your tenure. A recently updated and CML General Counsel David Broadwell 2 years CML publication, How to Hire a Local contributed to updated appendices. Government Manager or Administrator, One copy of the publication was sent to all provides step-by-step guidance on the member municipalities. Additional printed hiring process, from finding the best match copies of How to Hire a Local Government to sealing the deal. This latest edition also Manager or Administrator may be ordered includes updated appendices with sample from CML at cml.org. The publication may job notices, position descriptions, and open also be downloaded in PDF format. records considerations. CML continues to produce reference guides Many local government officials have and best practices publications addressing Member news contributed to the publication over the New Associate Members key issues facing Colorado municipalities. years. CML thanks Mark Deven, Arvada For a complete list of CML publications ABM Technical Solutions city manager, and Jennifer Fairweather, visit cml.org. Kate Sipla, bundled energy solutions, southwest region 720-318-0640 New CML publication offers tips for [email protected] www.abm.com enhancing professionalism during virtual ABM assists public agencies in meetings of local government reallocating, preserving and generating To reduce the risk of person-to-person In addition to serving as CML Board resources to fund their mission, vision transmission of the COVID–19 virus, nearly President, Widner is a founding partner of and goals. Our clients use those all Colorado local governments at least the Colorado local government law firm of resources to address deferred capital occasionally resort to alternative meeting Widner Juran LLP in Centennial. During his and maintenance needs, update platforms to conduct what we now call more than 32 years of representing local historical infrastructure, improve indoor "virtual meetings." Recognizing it is likely governments, Widner has served as the city, air quality, invest in technology, that the use of web-based virtual meeting town, or county attorney for communities upgrade security, renovate facilities, platforms will continue into the future, throughout the state and has served as the and plug budget shortfalls caused by CML has published Tips for Enhancing city attorney for Centennial since 2004. funding reductions. Professionalism during Virtual Meetings of A copy of the Tips for Enhancing Local Government, authored by Executive Professionalism during Virtual Meetings Board President Robert (Bob) Widner. This of Local Government publication will be new publication offers suggestions that will mailed to all recipients of the CML help CML members project an image of Newsletter and is also available for NEWSLETTER engagement, attention, and professionalism download at bit.ly/36UFeLH. during virtual meetings.

CML Newsletter (ISSN 7439903) is published biweekly by the Colorado Municipal League, 1144 Sherman St., Denver, CO 80203-2207, for Release of Census 2020 redistricting data Colorado's municipal officials. (USPS 075-590) Periodical postage paid in Denver, Colorado. file delayed to July 30 Designer and editor: Leslie Hough Circulation/mailing lists: Mark Vanderbrook The Census Bureau will release its first detailed release from Census 2020, and its data product, state total counts, used for results can be aggregated to municipalities, POSTMASTER: Send address change form 3579 to Colorado Municipal League, 1144 reapportionment of the Federal House of counties, and other geographies. Sherman St., Denver, CO 80203-2207; (p) 303- Representatives, by April 30, 2021. This 831-6411 / 866-578-0936; (f) 303-860-8175. This delay may impact several redistricting, date remains fluid and could continue to data release, and research plans. If your Subscription to CML Newsletter is offered as a change as data processing continues. portion of member dues. Cost to nonmembers organization uses Census data and has any is $300 a year. The Census 2020 redistricting data file timing requirements, be aware of this delay Get this newsletter by email. The CML with census block counts of the population, and plan accordingly. Newsletter is available by email three days race, ethnicity, and housing units will be before it arrives in the mail! Sign up at bit.ly/CMLNewsletter. delayed due to COVID–19 until July 30, 2021, at the earliest. This product is the first

2 CML Newsletter Colorado Department of Local Affairs processing $42M in housing assistance requests, awards $1.2M for affordable housing in January and two-bedroom apartments available to households with incomes averaging between 30% and 80% of the Area Median Income (AMI). The development is rent and income restricted for a minimum of 50 years to ensure long-term affordability in Ouray County. DOLA awarded Gunnison Valley Regional Housing Authority $255,000 to expand their down payment assistance program to assist qualifying households in Gunnison and Hinsdale Counties. Borrowers will attend a HUD-approved homebuyer education class given by a certified housing counseling agency. The department also awarded NeighborWorks of Southern Colorado $290,000 for their down payment assistance program in Pueblo, which will provide DPA loans to households in that area. Both The Colorado Department of Local Affairs portal for homeowners and tenants to apply programs help families with incomes (DOLA) Division of Housing (DOH) now offers directly on DOH's website (bit.ly/3jiQCpl). between 80% and 100% of the AMI. a direct online application for the Emergency "We are excited about program improvements "We understand the anxiety and frustration Housing Assistance Program (EHAP), and we have made to POP and EHAP, including that comes with the struggle to pay your awarded $1.2 million through the Colorado an administrative firm we have brought on housing costs," George added. "We are State Housing Board (SHB) for affordable to assist us and our partners with the high working tirelessly to try and support every housing in January. volume of applications," said Director of Coloradan who needs help to remain DOLA allocated more than $35 million in Housing Alison George. "We served over stably housed." state and federal relief funds to help prevent 16,000 households in 2020 in response to the The State Housing Board and DOLA’s Division evictions and foreclosures in 2020 through its pandemic, and we already have nearly 14,000 of Housing continue to support the creation EHAP and Property Owner Preservation (POP) requests in January." of affordable housing that is accessible, programs, for which demand has increased Also in January, DOLA awarded Artspace safe and secure for all Coloradoans. For significantly. In January alone, Coloradans Projects, Inc. $650,000 to assist with complete information on Housing Board grant requested another $42 million of assistance. construction of 30 new units of affordable approvals, visit bit.ly/3cSjSlL. For complete In response, DOLA has created an application rental housing in downtown Ridgeway. The information on DOH COVID-19 housing Ridgeway Space project is a mix of 24 one- assistance, visit bit.ly/3ju3jOl.

DOLA invites municipalities to participate in 2020 land use survey

By Beauclarine Thomas, CML legislative and the 2015 municipal and county surveys can Only one survey should be submitted for policy advocate be found at bit.ly/3jvxSTZ. Like the 2015 each municipality. If you are having trouble The Colorado Department of Local Affairs survey, the 2020 LUPCS is the first part of a accessing the survey or have questions (DOLA), in partnership with the Colorado new two-step approach. Information collected about any part of it, please contact Municipal League, Colorado Counties, Inc., from this survey will guide voluntary individual [email protected]. The LUPCS is an and the Colorado Chapter of the American follow-up with communities to discuss their inventory, so your jurisdiction’s response Planning Association, has opened its 2020 specific needs, resulting in the creation of is critical to its validity and impact. It takes Land Use and Planning Capacity Survey best practice reports that address the most approximately 35 minutes to complete. (LUPCS) to local governments. The LUPCS pertinent planning issues statewide. Take the survey at bit.ly/39YgVOM and is administered every five years and is The LUPCS should be completed by the please complete it by March 31, 2021. So an opportunity for DOLA to identify the staff member who is most familiar with your far only 33 municipalities have completed planning priorities, trends, gaps, and needs municipality’s planning/land use policies and the survey. Please make sure you complete of Colorado’s communities so that it can regulations. If you are not the staff member this survey by the deadline as it will provide share best practices and direct its services best suited to complete this survey, please critical information for DOLA’S investments to provide the most benefit. The results from forward this invitation to staff member who is. and services.

3 February 12, 2021 Now is the time to prepare for summer drought conditions By Heather Stauffer, CML legislative and 100% of the state of Colorado is currently has a number of resources available on policy advocate experiencing abnormally dry conditions, their website at bit.ly/3jtDmhQ, including On Nov. 30, 2020, Gov. Polis expanded with 70% of the state currently experiencing the municipal drought management plan activation of the State Drought Plan to extreme drought. SNOTEL estimates the guidance document (bit.ly/2YUqUyi) , the Phase 3 and enacted the Municipal Water current snowpack for most water basins in drought management planning guide for Task Force. The objective of this task the state is around 70%–80% of normal (the water providers (bit.ly/2MJOBXq), and a force is to coordinate with over 700 water exception being in the Upper Rio Grande worksheet template for drought response providers across the state to best prepare and Arkansas basins who have received actions (bit.ly/3jtDmhQ). CWCB also provides for anticipated drought–related challenges in 97%–107% of normal snowpack). year-round drought management planning 2021. The task force will assess pending and If you have not started preparing for summer grants; applications are on their website current drought impacts on municipal water drought conditions, winter months are critical at bit.ly/2YUyBEA. The Department supply and public health and recommend planning periods before the increased of Local Affairs also offers assistance to and help implement mitigation and response water demands of summer months arrive. communities whose water systems are actions. Findings and recommendations A municipal needs survey conducted by impacted by drought conditions. Contact of this task force will facilitate effective the municipal water task force showed that DOLA’s water & wastewater program response capabilities, as well as provide while 58% of respondents reported having manager Desi Santerre at 303-864-7733 documentation for any emergency a drought plan, 31% reported having no or [email protected] for declaration. CML serves as one of the core drought plan, and 10% were unsure. more information. members of this task force. Wondering how to start putting together If you have questions, or suggestions for Water year 2020 was the third driest water a municipal drought plan? The Colorado the municipal water task force on resources year on record, exceeded only by 2002 and Water Conservation Board’s Office of municipalities need to help more effectively 2018. According to the U.S. Drought Monitor, Water Conservation and Drought Planning prepare for drought, please contact Heather Stauffer at [email protected].

FEMA to retroactively reimburse costs for COVID–19 expenses By Meghan Dollar, CML legislative was not clear if this adjustment would work eligible for assistance under Public advocacy manager be retroactive. Assistance bit.ly/2Oe70vT. Category B, Since August of 2020, the National League On Feb. 2, the Biden Administration clarified pursuant to sections 403 (42 U.S.C. 5170b), of Cities (NLC), along with other state and that FEMA will be "retroactively reimbursing 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) local groups and emergency management states fully for the FEMA-eligible services – of the Stafford Act performed from Jan. 20, organizations, have advocated to FEMA and including masks, gloves, emergency feeding 2020, through Jan. 20, 2021. Congress to increase the federal cost share actions, sheltering at risk populations and To get more information, contact your for the COVID–19 Emergency Major Disaster mobilization of the National Guard – back regional field manager with the Department declarations to 100%. dated to the beginning of the pandemic in of Homeland Security and Emergency During his first week in office, President January 2020." Management. You can also contact Biden issued a memorandum that increased You can find the full memorandum at Meghan Dollar at [email protected] for more FEMA's cost share to 100% federal. Initially, it bit.ly/3q5ufq7. It states that FEMA shall information to ensure you receive the full provide a 100% federal cost share for all reimbursement for the cost share adjustment.

Telluride’s Kipfer retires after 27 years Diane Kipfer, working at FAS Glass and as a teacher with grandchildren. She enjoys hiking, camping, administrative services the Telluride School District. After several boating, and spending time with her family. director for the Town years with the Finance Department, Kipfer Diane is a huge Colorado Avalanche fan! of Telluride retired last became the administrative services director. Diane’s plans for retirement are traveling in month after a lifelong Throughout her career, she took care of her the family motorhome and exploring national commitment of 27 employees, always offering them support and parks. Happy retirement, Diane! You mean years. Kipfer moved to guidance. She really cares about her Telluride so much to so many people in the Town Telluride with her husband Stanley in 1979. family, with some employees calling her, of Telluride, thank you for your amazing Kipfer started her career in the Finance "Our Mama". In addition to a large employee commitment to the Town! This isn’t goodbye, Department with the Town of Telluride after family, she also has two children and two just see ya later!

4 CML Newsletter Colorado Waste Diversion Grant: Building opportunities to maximize waste diversion and create jobs in Colorado By Meghan MacKillop, CML legislative and the management of materials that would policy advocate otherwise be landfilled. Since its inception The Recycling Resources Economic in 2007, the program has awarded nearly Opportunity (RREO) Program is $25 million to businesses, local currently accepting applications for the governments, nonprofit organizations, Colorado Waste Diversion Grant to fund and schools and universities to develop implementation projects that create recycling infrastructure and promote opportunities to increase waste diversion sustainable behavior change in and create jobs. Eligible projects should communities across Colorado. Funds are focus on waste reduction, recycling, distributed via grants and rebates, approved composting, anaerobic digestion, by the Pollution Prevention Advisory Board. repurposing, or reuse for a wide variety of For this funding cycle, a total of $2 million materials. In addition to waste diversion is available to fund multiple projects. projects, proposed projects with a focus on Public and government agencies, including reduction, or stopping the creation of waste special districts and intergovernmental in the first place are encouraged. partnerships, are eligible to apply. Other eligible projects may focus on reuse, For more information and application recycling, composting, repurposing or instructions and requirements, visit the anaerobic digestion for a wide variety program website at bit.ly/3rDfiMb. of materials. Applications for this grant are due by The RREO Program provides funding that 3 p.m., March 1, 2021. promotes economic development through

Front Range Waste Diversion Program Grant now accepting applications By Meghan MacKillop, CML legislative and deconstruction are a focus of this grant policy advocate offering, although end markets for the The Front Range Waste Diversion (FRWD) material must also be available. End markets (bit.ly/3aK119Y) program was approved by and infrastructure are also a priority for the Colorado state legislature in 2019. The this cycle and the program invites program collects funds from an increase applicants to utilize innovation to create in user fees at Front Range landfills and new markets and build on existing markets. provides grants and technical assistance Entities that are eligible to apply include to Front Range communities to encourage municipalities, counties, private sector an increase in recycling, composting, and entities in the Front Range and schools, waste reduction. The first cycle of grants colleges, and universities. was awarded over $2 million, with $2.5 For further information on eligibility million available in this second cycle. requirements, funding amounts and project This funding cycle will largely focus on requirements, visit the FRWD program sustainable construction and demolition website at bit.ly/3aK119Y. waste diversion and reduction, as well as Applications for this grant are due by end markets. Applications that address March 15, 2021.

5 February 12, 2021 CML LEGAL CORNER

Keeping municipal sidewalks safe and sound

dangerous not create or tolerate an "unreasonable or defective hazard" according to the court. Moreover, conditions if cities were held to a standard requiring of public immediate repair whenever a defect is sidewalks. discovered, it might have the perverse Boulder effect of disincentivizing cities from responds proactively doing periodic inspections. to citizen Americans with Disabilities Act complaints When the ADA was originally adopted in about the 1990, nothing about the new law required condition of municipalities to retrofit or upgrade their sidewalks, aging sidewalk systems. But cities learned By David W. Broadwell, but the city also proactively inspects quickly that any improvements to the CML general counsel sidewalks and sends out crews to make existing system, or even the adjacent repairs. In the Maphis case, a city inspector streets, would trigger the need to meet One great thing about found a two-and-a-half-inch displacement ADA standards, particularly the need to 19th century townsites in of a sidewalk slab on a quiet residential install curb ramps. In recent years, several Colorado: the old street street. He marked the hazard with paint, major cities in Colorado have dealt with grids were always platted with a system of and a few weeks later city crews repaired claims that they need to invest more to detached public sidewalks in mind. Even the sidewalk. But in the short time between reduce barriers and comply with the ADA. with the advent of the automobile, public the inspection and repair, a pedestrian Just last year, the City of Trinidad reached streets within municipalities were usually allegedly tripped on the displaced slab, a settlement in a federal lawsuit in which a designed to include detached sidewalks for injured herself, and sued the city. wheel-chair bound plaintiff claimed that the the safety and enjoyment of pedestrians deteriorated condition of some sidewalks well into the 20th century. Governmental immunity The Colorado Governmental Immunity Act impaired his ability to move about town. These legacy sidewalk systems are has always provided that a municipality Adjacent property owners subject to the ravages of nature, of course. can be sued for negligence related to a Some cities have ordinances requiring the The freeze/thaw cycle, expansive soils, "dangerous condition" of its streets and adjacent land owner to maintain public upheaval due to tree roots, all are facts sidewalks, but only if the condition creates sidewalks, including snow removal and of life in Colorado. To what degree is a an "unreasonable hazard" to the public. The even structural repairs. Colorado courts municipality responsible for maintaining Supreme Court has recently signaled that have repeatedly held that these ordinances and repairing sidewalks when they it is not reasonable to expect municipalities can impose civil liability upon the owner deteriorate over time? to always and forever keep their streets in when an accident occurs. In practice, New Boulder case perfect, like-new condition. Budgets are however, many plaintiffs sue both the On Jan. 19, the Colorado Supreme limited; repairs must be prioritized. property owner and the municipality, which Court agreed to review a new sidewalk In the Boulder case, the lower court ruled is exactly what occurred in the new Boulder liability case captioned Maphis v. City of for the city based on this principle. The case headed to the supreme court. Boulder. This will be the latest in a long city discovered the defect in the sidewalk, Note: This column is not intended and should line of cases exploring the question of marked it, and repaired it a short time not be taken as legal advice. Municipal officials who is responsible for injuries caused by are always encouraged to consult with their later. Under these facts, the city did own attorneys.

6 CML Newsletter Advocacy, information, and training to build strong cities and towns

Research Corner: Eight places to celebrate Black history in Colorado

By Lydia Hooper. Reprinted with 5. The Dry, Otero County - A couple of Homestead Acts also permission from History Colorado. attracted many families to the Colorado plains, including those BLACK Originally published at bit.ly/39YVoWc. looking for alternatives to sharecropping. About fifty Black HISTOR Y Those looking to discover and families collectively owned around 8,500 acres in this lesser- celebrate the often-overlooked stories known community. They had no school nor church, so students MONTH and experiences of Black Americans attended Earl School in Las Animas County, which had been need only explore the unique landscapes of Colorado. The built in 1909. Census records show many families had left the places listed here demonstrate that Black Coloradans have been area by 1930, likely due to both the Dust Bowl and the Ku Klux and continue to be pioneering, disciplined, daring, and resilient, Klan’s rise in political power across the state. mirroring Colorado history as a whole. 6. Lincoln Hills, Gilpin County - With the advent of cars, 1. El Pueblo History Museum, Pueblo - Americans took to the open road, but African American travelers One of the co-founders of the El Pueblo struggled to find hotels and restaurants who’d welcome them. Trading Post was Jim Beckwourth, who’s Winks Lodge at Lincoln Hills was a bastion of the West, hosting featured in the Borderlands of Southern the likes of Langston Hughes, Count Basie, and many others. It Colorado exhibit in the same spot now was opened in 1922 by Black entrepreneurs from Denver’s Five known as El Pueblo History Museum. Points neighborhood and closed in 1965, likely because federal Beckwourth was born into slavery in Virginia, Civil Rights legislation brought demand to a halt. You can still and as a free young man moved out West. He traded with the visit this place listed in the National Register of Historic Places or Cheyenne out of Fort Vasquez in Weld County before helping learn more about it in the Colorado Stories exhibit at the History to build a trading post and to found the town of Pueblo. He Colorado Center in Denver. continued to travel all over the West before settling in Denver 7. Five Points Historic Cultural in 1859. District, Denver - Although Denver 2. Fort Garland, Costilla County - After the Civil War, had no Jim Crow laws in place, many African American soldiers eagerly responded to the Black residents had trouble finding government’s call for troops to help create permanent housing and were forced to attend settlements in the West. From 1876 to 1879, Buffalo Soldiers segregated schools. The Five Points were stationed at Fort Garland, where the Fort Garland Museum neighborhood was the nexus of the & Cultural Center houses photos and artifacts today. Black community, supporting the development of entrepreneurs like Madam C.J. Walker. Churches like Zion Baptist served as 3. Cold Spring Mountain, Moffat County - In far northwest centers of political life. In the 1930s, the Rossonian Lounge Colorado is the place of the remains of Ned Huddleston, also and Hotel became one of the nation’s best jazz clubs, hosting known as Isom Dart, "Black Fox," and "Calico Cowboy." Freed Duke Ellington, Louis Armstrong, Nat King Cole, and Dinah from slavery at the end of the Civil War, Huddleston became Washington; it was recently awarded a State Historical a master horseman and stunt rider. He joined a cattle drive Fund grant to preserve its legacy. Today’s Black American West to Brown’s Hole in the Colorado-Wyoming area, where he Museum was once the home of Dr. Justina Ford, who despite ultimately established his own ranch around 1890. In 1900, local being denied a medical license delivered about 7,000 babies ranchers hired detective Tom Horn to shoot and kill Huddleston, during her esteemed career. whose reputation had always been a bit mixed. 8. Former home of Hattie McDaniel, Fort Collins - McDaniel 4. Dearfield, Weld County - This was the first African American to win an Academy Award, for her African American farming community portrayal of "Mammy" in the movie Gone With the Wind in 1940. is the only remaining town in Colorado Her family lived in Denver while she was growing up; she left that exemplifies the national Black East High School to perform, including on Denver’s KOA radio colonization movement inspired by station. The home she lived in as a young girl still stands in Booker T. Washington. It was one Fort Collins. of fourteen rural towns established in the West to provide Americans of African descent with the opportunity to own and work their own land. By 1917, sixty African American families were working its 15,000 acres.

7 February 12, 2021 NEWSLETTER Vol. 47, No. 4, February 12, 2021

Featured in this issue:

• CML now accepting nominations for Sam Mamet Good Governance Award • Release of Census 2020 redistricting data file delayed to July 30 • Now is the time to prepare for summer drought conditions • Keeping municipal sidewalks safe and sound

• Research corner: Eight places to celebrate Black history in Colorado

1144 Sherman St. • Denver, CO • 80203-2207 • CO Denver, • St. Sherman 1144

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