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Silver Plume trustees signal support for county housing authority, but raise questions about land, costs and taxing powers

Board of Trustees · September 9, 2024
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Summary

Silver Plume trustees agreed Sept. 9, 2024, to give the Clear Creek County Multi-Jurisdictional Housing Authority (MJHA) their support for an initial year while flagging concerns about the town’s limited developable land, how variable contributions are set and whether the authority could exercise taxing power under TABOR/Title 32.

The Silver Plume Board of Trustees on Sept. 9 signaled support for joining a countywide housing authority but pressed for clarity on what the town would gain and what taxing authority the new body might hold.

Mayor Lee Berenato and trustees reviewed an updated multi-jurisdictional IGA for the Clear Creek County Multi-Jurisdictional Housing Authority (MJHA). Board members said Silver Plume owns little developable land, so immediate development benefits are unclear; the town’s minimum variable contribution to the authority would be $2,000, and future contributions after the IGA’s initial three-year period would be determined by the MJHA board.

Amy Saxon, who participated in the discussion, described how contributions would work. “It is an annual contribution, and any of the entities can say no if they want to,” Saxon said, noting smaller jurisdictions like Silver Plume would likely have a lower minimum than larger cities. She said the value Silver Plume would receive could include resident services, access to weatherization and first-time homebuyer programs, assistance applying for grants and support assessing land for possible restoration or development.

Berenato pressed officials on taxing and fee authority in the draft agreement. The IGA references statutory authority and C.R.S. citations; board members discussed whether the MJHA could levy taxes or establish development impact fees without Silver Plume’s approval. Amy Saxon said that creation of the authority is akin to forming a new government entity and that TABOR provisions would apply; the board noted the MJHA could propose fees or taxes but that any change in Silver Plume’s jurisdictional fees or taxes would require local approval through the town’s governing processes and voter consent where applicable.

Trustees also discussed withdrawal options. Berenato noted the IGA allows six months’ notice to leave the MJHA or to pay for the six-month period; board members emphasized that Silver Plume could opt out after an initial year if it chose.

Trustee Chris Frey moved to adopt the IGA and Marty Gitlin seconded. The minutes record that, after discussion, “for now, the MJHA has the Town of Silver Plume’s support” and that the town will continue to monitor edits other jurisdictions make to their drafts. The minutes do not record a roll-call tally for this motion.

Amy Saxon was asked to circulate the final draft of the IGA after participating jurisdictions submit revisions; the MJHA item will remain on future agendas for the town to review updated documents and any statutory clarifications.