Clear Creek commissioners review draft ballot language for emergency services funding; TABOR waiver remains open question

Clear Creek County commissioners on Aug. 5 reviewed draft ballot language that would raise property-tax revenue to support the county’s fire and emergency medical services and discussed whether a separate, concurrent vote will be required to waive a new state limit on retained tax growth.

The work session centered on two related questions: the precise text that will appear on a ballot question asking voters to approve a higher mill levy for the Emergency Services General Improvement District, and whether the board should also ask voters to waive a 2024 state statutory limit — commonly described in the meeting as a 5.25% annual revenue-growth cap (10.5% over two appraisal years). County staff said the state statute is not easily combined with the standard TABOR waiver language and, if the board wants to retain the full revenue produced by a mill-levy increase even when assessed values jump, a separate ballot measure or a different procedural step will be needed.

Why it matters: County fire and EMS leaders have told commissioners they face persistent operating shortfalls and limited capacity to maintain staffing and response times. If voters approve a tax increase, the county wants clear, voter-approved authority to retain and spend that revenue rather than being required to return any amount that exceeds the statutory cap on year‑to‑year revenue growth.

What commissioners heard and asked for - Staff presented a draft single-question ballot wording that describes the tax increase and lists the principal ways the new revenue would be used — including funding additional EMS ambulances and staffing, maintaining local firefighting and wildfire-mitigation capacity, and supporting homeowner-focused mitigation programs. The draft also included an explicit sentence asking voters to allow the district to retain and spend the full proceeds of the tax and to be exempt from constitutional limits under Colorado’s TABOR (Article X, Section 20). - County staff and outside advisers told the board that a separate question likely is required by the 2024 statute if the board intends to opt out of the new 5.25% statutory cap; that statute’s waiver language must appear in a separate ballot question in some circumstances. Commissioners asked staff to prepare a short options memo that (a) explains the practical dollar effect of the 5.25% cap on the proposed levy, and (b) sets out the pros and cons of a concurrent separate question versus relying on a single-question approach. - Emergency-services representatives asked for wording that describes the services voters would be buying — the draft proposed text described emergency response and staffing, sustaining cardiac arrest survival capability and medical services, supporting wildfire mitigation and homeowner hardening programs, and funding training and equipment.

What’s next County staff will: (1) refine the draft ballot text to make the uses clearer and less technical, including simple examples of the tax effect on a typical homeowner; (2) provide a dollar estimate showing how much of the district’s revenue growth could be constrained by the 5.25% statutory cap under several assessed‑value scenarios; and (3) draft language for a possible separate ballot question to waive the 5.25% statutory cap so the board can decide whether to submit one combined measure, two concurrent measures this fall or to pursue the waiver on a future ballot. Commissioners asked that staff consult with the county attorney and with the Clear Creek Fire Authority and EMS leaders before publishing final language.

Ending: Commissioners did not vote on final wording. Staff said they will return with revised text and numeric analyses so the board can decide whether to place a question or questions on this fall’s ballot.