SPECIAL DISTRICT ASSOCIATION OF COLORADO

APRIL 2016 FEBRUARY 2016

Election Judges and Watchers A Common Voice for the Library Community The Grand Valley Drainage District Northern Water Prepares for Growth South Adams County Fire District Making Changes 2016 SDA Regional Workshops

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ENHANCED CASH MANAGEMENT STRATEGIES FOR COLORADO SPECIAL DISTRICTS

Board of Directors President

Jim Kullhem

Prospect Recreation & Park District Vice President

Leo Johnson

Southwest Suburban Denver Water and Sanitation District Treasurer

Susan Saint Vincent

Elbert County Library District

SDA

Sue Blair

Ann Terry

James Borland

Meredith Quarles

225 East 16th Avenue Suite 1000 Denver, CO 80203 (303) 863-1733 Toll Free (800) 886-1733 [email protected] www.sdaco.org

Cottonwood Greens Metropolitan District #5 Fort Collins/Loveland Water District

Kent Bosch

Upper Thompson Sanitation District

Mitch Chambers

Southgate Sanitation District

Kathy Morris

Durango Fire Protection District

Pat Mulhern

Apex Park and Recreation District

Bill Simmons

Executive Vice President

James P. Collins

Collins Cockrel & Cole 2

www.davidsonfim.com

Staff

Secretary

Jim Whitfield

1600 Broadway, Ste. 1100 Denver, CO 80202

Southgate at Centennial Metro District Eagle River Water and Sanitation District

Executive Director

Director of Operations

Michael Valdez Director of Policy

Megan Lippard

Editor and Communications Manager

Carlton Mundus

Membership Services Coordinator

Georgia Kraemer

Administrative Services Coordinator

Chris Jones Receptionist

Susan Thornton Contributor

SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

Unless otherwise noted, all photos are ©2016 iStock.com. Designed by Emmett Jordan, Briggsdale, Colo.

Judges and Watchers The People Keeping Your Political Theater from Becoming a Circus The Super Bowl is past and the Oscars are over, but election season is in the air. While most eyes are on November’s political theater, special districts’ regular elections are just n o i t around the corner. The March 2016 SDA Elec 6 News, pages 3 through 4, highlighted 201 the role of the Designated Election Official (DEO) and provided information on where to find useful resources both from SDA and the Division of Local Government. But, just as a director can’t run a theater production alone, the DEO can’t be expected to pull an election together as a solo performance. It takes many people to conduct an election, and the process is supported by the work of Election Judges and Election Watchers. Election Judges are the individuals who run the show at polling centers on election days, or otherwise perform the operation of the election under the guidance of the DEO. Judges must know how to run their election, and they must be able to apply that knowledge to sort out problems as they come up. This work guarantees the proper running of the polling place in accord with state laws. For special districts, Election Judges are appointed by the DEO, and must meet the following qualifications: »» Be a citizen of the United States and Colorado; »» Be registered to vote in Colorado;

»» Be at least eighteen years of age; and

»» Be appointed without regard to party affiliation. Colorado statutes provide detailed information for the role of Election Judges in a local government election and can be found at Colorado Revised Statutes (C.R.S.) 1-13.5-401 through 410. Additionally, laws relating to conducting an election are highly relevant to the Election Judge’s work. These laws can be found at C.R.S. 1-13.5-601 through 618. Polling Place Elections The DEO must appoint at least two Election Judges for each election, though it will often be a good idea to appoint more than two because there must be two Judges at the polling place at all times. After appointing the Election Judges, the DEO must mail a Certificate of Appointment and a Form of Acceptance to each Election Judge appointed. Special districts must have their Election Judges appointed at least fifteen days prior to the Election Day, but be careful because the appointee may reject the position and you don’t want to run out of time to find a replacement. These requirements are established under C.R.S. 1-13.5-402 through 403, and it is the DEO’s responsibility to ensure compliance with these procedures.

Election Judges’ primary responsibilities include voter verification, issuing ballots, assisting voters, issuing voter challenges, and counting the ballots. Colorado statutes establish various procedures for these tasks, and it is important that the Election Judges follow their training to comply with these requirements. Mail Ballot Elections If your special district has opted or is required to hold an election by mail, the role of the Election Judge is modified but still highly important. Here, the DEO may appoint an appropriate number of Election Judges to receive the ballots as they are mailed. Additionally, the special district is still required to have a site designated for walk-in balloting, and there must be Election Judges who can handle this walk-in balloting. Continued on page 4

Officers for SDA Board of Directors Chosen for 2016 At the February meeting of the SDA Board of Directors, the following slate of Officers was proposed and approved for 2016: »» Jim Kullhem as President (Representing Prospect Recreation and Park District)

»» Leo Johnson as Vice President (Representing Southwest Suburban Denver Water and Sanitation District) »» Susan Saint Vincent as Treasurer (Representing Elbert County Library District)

»» Jim Whitfield as Secretary (Representing Apex Park and Recreation District) “The experience and knowledge of the SDA Board is invaluable. Each Board member is a trusted representative of the special district they serve as well the SDA membership as a whole,” said SDA’s Executive Director, Ann Terry. “Working with the SDA Board is a privilege, and we are excited for the year ahead.”

SUPPORTING COMMUNITY-BASED GOVERNMENT | SDACO.ORG | APRIL 2016

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Election Judge Training and Forms the polling place during Election Day. Some of the Once the Judges are appointed, the DEO must primary things an Election Watcher may do are: provide an instruction class for Election Judges. ion Specifically, the law requires that the class be of»» Be present in the polling place fifteen lect E 6 1 fered no sooner than 45 days before the election. minutes before the polling place is open to the 0 2 SDA has resources available for training Election public, and remain in the polling place until after Judges, and many documents to assist in running the vote is counted and the Judges have certified your election. The forms required under law provide the election results; tracking mechanisms to ensure that your election was »» Issue voter challenges, so long as they do not interrupt conducted correctly and will help protect your special district the general process or the orderly conduct of the election; from procedural errors. »» Maintain a list of electors as announced by the Election Many of the necessary forms associated with Election Judges Judges, although the Watcher cannot write down any other can be found on the SDA website under the “Resources” tab at identifying information regarding voters; and the top of the homepage. The Election Judge Training record» » Witness each step in the procedure of the election. ing will also be available online on April 11. Alternatively, many forms and training videos can be found on It is important to note that an Election Watcher cannot have the Division of Local Government website at https://www.colocell phones, laptops, or other electronic data capture devices rado.gov/pacific/dola/special-district-elections. in the polling place. Additionally, Watchers cannot interact with any election official or Judges other than the individual desigElection Watchers Whereas Election Judges keep the election running, an Elec- nated by the DEO. tion Watcher’s role is to report on the ability of the special district to run the election. An Election Watcher is an appointed individual who is allowed to witness the conduct of the election to make sure that everyone is playing by the rules. To become an Election Watcher, an individual must be a registered elector of the local government. Each candidate and the proponents and opponents of a ballot question are entitled to appoint one Watcher each to be present at the polling place on Election Day. When a name is submitted, the DEO then certifies the individual as a Watcher to the appropriate Election Judges. The Judges should be prepared for a potentially large number of Watchers being present in the polling place since the final number of Watchers is a reflection of how many candidates and issues are on your ballot. Election Watchers have strict limits on what they may do in

Voter Challenges Issuing voter challenges is one power that Election Judges and Election Watchers share in common. A voter challenge is a procedure exercised by a Judge, Watcher, or any eligible elector of the local government who is present, and is made to guarantee that every vote counted in the election is made by a proper registered voter. Colorado laws regarding voter challenges can be found at C.R.S. 1-13.5-1201 through 1206. Different Roles Help Elections Run Smoothly The combination of the roles the Election Judges and Election Watchers play help ensure that special district elections run smoothly. Along with the DEO, these positions will together continue to support the highest levels of election integrity.

Exhibitor Booths at SDA Annual Conference Sell Out in Less Than Two Weeks—Again! For the second year in a row, the exhibitor booths at the SDA Annual Conference have sold out at a lightning pace. Last year the booths sold out in less than two weeks, and this year they were gone in just over a week! This is a true testament to the value our associate members find in this opportunity to network with over 1,000 professionals from the special district world. Ann Terry, SDA’s Executive Director, was thrilled with the response. “Our sponsors and exhibitors play a huge

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role in the success of the Conference, and we look forward to working with everyone again this year.” If you missed out on an exhibitor booth but are interested in a sponsor-

ship, please contact Meredith Quarles at [email protected] for options that may be available. And remember to join us September 21-23 in Keystone!

SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

W By Susan M. Thornton

The Colorado Association of Libraries

A Common Voice for the Library Community

hat is the future of public libraries in Colorado? No longer drab buildings filled with dusty, seldom-read tomes. No longer places where “shhh” is the rule.

Instead, today’s public libraries are diverse, welcoming, exciting places where people can find accurate, unbiased information; interest children in reading; apply for jobs online; borrow digital and print books; and enjoy games, music CDs, and movies. SDA’s library district members are well acquainted with these changes. Partly as a result, public library use is growing dramatically across the state. With newcomers flocking to Colorado and needing information, it stands to reason that library use is growing, according to Dan Cordova, President of the Colorado Association of Libraries (CAL). Four Types of Libraries Cordova explains that there are four types of libraries in Colorado. First there are public libraries, such as library districts, with which most residents are familiar. There are 56 library districts in the state, 24 of which are members of SDA. “We of course welcome all library districts to join,” notes Ann Terry, SDA’s Executive Director. Then there are school libraries, usually located in elementary, middle, or high schools; academic libraries, located in colleges and universities; and special libraries, for professions such as medicine, engineering, or law. Each of these types of libraries has its own association. The Common Bond, Voice, and Power of Libraries Although very different, each of these library types falls under the umbrella of CAL, which promotes itself as the common bond, voice, and power of the library community. With over 800 members, CAL is a voluntary organization. Most of its work is done by volunteer members, Cordova says, with just one dedicated full-time person provided by a hired management company. Cordova says that CAL advocates for

quality library services, supports access to information, and fosters the professional development of its members. “We support intellectual freedom, provide continuing education for all librarians, are active in the legislative process to support libraries, and provide opportunities for librarians to work together across different library types,” he explains. For example, Colorado libraries recently came together to send a letter to President Obama expressing the importance of nominating a professional librarian to be appointed as the Librarian of Congress. CAL hosts an annual conference (in October in Loveland this year) called CALCON that attracts hundreds of people. SDA has presented in the past as many of our member library districts attend. This year, CALCON will hold a joint meeting with the Mountain Plains Library Association, a nonprofit organization focused on services to a 12-state region. Every Library Type Has a Voice A six-member CAL Executive Committee meets every other month along with the Presidents of the four library associations and representatives of para-librarians, trustees, and friends as well as children and teen services librarians. “Because of schedules, it can be a challenge to get everyone together,” Cordova says, “but our goal is to give voice to all librarians by putting them together to share information about resources and opportunities.” Intellectual Freedom Requires Verification Cordova says he hears some people claim that they do all of their research on the internet. “The internet is an open-source forum,” he says. “Just because something is online doesn’t mean it is necessarily true. It must be verified. Books and other published materials [both print and digital] are still important. Intellectual freedom today must be predicated on the access Continued on page 7

SDACO.ORG | APRIL 2016

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SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

“Books and other published materials [both print and digital] are still important. Intellectual freedom today must be predicated on the access to and availability of diverse perspectives published in multiple formats.” — Dan Cordova, President, CAL to and availability of diverse perspectives published in multiple formats.” Working Together More Than Ever Libraries are working together now more than ever, Cordova says, and CAL members are taking new approaches to providing information to the public. Cordova, who became President of CAL this year, is in year 10 as the librarian for the Colorado Supreme Court and knows legal libraries well. His team serves not only the judicial bench and the Colorado Bar Association, but also the general public who may use the Supreme Court library as well. He says CAL is working to ensure that information about local, state, federal, and even transnational law is available in every public library in the state. Instead of making individual libraries responsible for paying to obtain legal materials, he says, CAL is working to provide that information reli-

ably online. “All a library will need is a computer terminal,” he says, adding that CAL plans to train librarians so that they know what legal questions they can answer, and what they need to refer to others. The Future Is Already Here Cordova says the future of libraries lies with technology. And to a large extent, he says, “The future is already here” for libraries. For example, brain research shows the importance of stimulating the minds of older people and rehabilitating those who have suffered brain injuries. “Libraries have access now to activities that can be played online that engage and stimulate the brain far more than just doing crossword puzzles,” he says. He also speaks of new technologies that allow three-dimensional approaches to studying science. In biology, for example, people are now able to study

anatomy through “an MRI-like view” of the body. “It’s fabulous,” Cordova says, “and goes well beyond what is available in the book version of Gray’s Anatomy.” The Supreme Court Library currently displays the original, hand-written, Colorado constitution, which Cordova calls “Colorado’s organic document.” “It’s beautiful,” he says, “but wouldn’t it be amazing to read it and ‘turn the pages’ in virtual reality?” It would be transformative, he says, if people were able to read the original without damaging it. Ms. Terry has been pleased with the increased opportunities to work with library districts across the state. “Our library district members are very active in SDA, and it has been exciting to offer trainings and other resources focused on their needs, such as webinars and the Library Forum at our Annual Conference,” she said.

Former Governor Bill Ritter Offers Leadership Insights to 2016 Leadership Academy Class

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his year’s record-breaking number of SDA Leadership Academy Fellows recently gathered at the beautiful Inn at Hudson Gardens for a unique and thoughtful kick-off to the 2016 Leadership Academy program. The 50 Fellows in attendance were treated to insights from Former Colorado Governor Bill Ritter on what he considers the four pillars of leadership. Based on the book Heroic Leadership: Best Practices from a 450-Year-Old Company that Changed the World written by Chris Lowney, Mr. Ritter discussed each pillar in detail: self-awareness, ingenuity, leading out of love (instead of out of fear), and heroic ambitions. Mr. Ritter also shared illustrative stories of times when each of these ideas was critical in his various leadership positions, including his time as the Denver District Attorney and as the 41st Governor of Colorado, among others. In addition, Mr. Ritter graciously answered questions from the Fellows on a number of topics, including the need for services and support for mental illness issues and Colorado’s Water Plan. “We were honored to welcome Mr. Ritter and spend



time with him learning about the key leadership concepts that have proved successful for him through the years,” stated Ann Terry, SDA’s Executive Director. It was a tremendously successful event, and Mr. Ritter was very well received by the Fellows. With his easy way of relating real world examples of how each of these pillars of leadership can be applied to everyday situations, Mr. Ritter was a perfect inaugural speaker for this year’s Leadership Academy. The next Leadership Academy class will be held in April and will feature perennial favorite Dr. Allan Wallis and his fascinating presentation on the Shackleton Expedition. In late 1914, Sir Ernest Shackleton set forth for Antarctica with 27 men, determined to be the first man to cross the continent from coast to coast. His ship, the Endurance, became trapped in pack ice just short of the continent. When the ice crushed their ship to splinters, they were left stranded on the ice floes. Shackleton resolved to rescue each and every man, and turned disaster into one of the greatest survival stories of all time. This is sure to be another thrilling class for the Leadership Fellows!

SUPPORTING COMMUNITY-BASED GOVERNMENT | SDACO.ORG | APRIL 2016

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SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016 SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

100 Years and Still Going Strong

The Grand Valley Drainage District By Susan M. Thornton Colorado River) changed dramatically, becoming more populated and urbanized. Although it was not anticipated when the District was formed, he says, as the area grew, the irrigation ditches were increasingly used to carry urban storm water runoff.

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n the late 1800s, the United States was an agrarian society, and the federal government wanted to populate its scantily settled West, including Colorado. But there was a problem. Much of Colorado was a desert, and water was needed to attract farmers and ranchers. As a result, the U.S. Bureau of Reclamation began funding irrigation projects in Western Colorado. Ditches dug to divert river water for irrigation did their job well for many years. But as time passed, the water table rose and the saltier water was less valuable for farming. Miles of deep ditches were created to lower the water table, and in 1915, the Grand Valley Drainage District was formed to maintain those ditches, keep the water table low, and return irrigation water to the Colorado River. Colorado Native Heads the District Dr. Tim Ryan, Manager of the District, is a Colorado native who runs a small farm near Loma with his wife. With a master’s degree in public administration and a Ph.D. in organizational management from UC Denver, Ryan took the helm of the District just over a year ago. “I’m grateful to continue this 100-year legacy,” he says of his work with the District. Time Changed the District’s Mission Ryan notes that in the last 100 years, the area near the confluence of the Gunnison River and the Grand River (now named the



One Billion Gallons per Day With an operating budget of $1.6 million and 17 employees, the District manages 258 miles of open and piped ditches that return a billion gallons of irrigation water a day to the Colorado River. 15 Years to Recover TABOR Revenues Property owners pay a mill levy for “Return Flow and Seep” water. A maximum of four mills was authorized by the District’s elected three-member Board in 1923, but restrictions from the Taxpayer’s Bill of Rights (TABOR) have dropped that to 1.58 mills. “We’ve lost 60% of our revenue in the last seven years,” Ryan says, adding that as a result, the District has had to downsize and reduce capital projects. By law, the Board can approve a mill levy increase of five percent a year; the current Board, Ryan says, has the goal of reaching the previously authorized levy of four mills as soon as possible, which will take approximately 15 years. In addition, the District implemented a storm water utility fee for property owners of $3 per month early this year. Valuable Agriculture The 100-year-old District today serves approximately 100,000 people living in 90 square miles north of the Colorado River from Palisades to Loma. The water irrigates land that grows famed Palisade fruits, including grapes for making wine. Other agriculture includes cattle ranches, a few smaller feedlots, and row crops.

The Grand Valley Drainage District works with a wide variety of drains, including this example of a typical “shallow” and shorter drain.

Work is done on this drain where the flow line is much deeper, and therefore the drain is much wider (and in this case, significantly longer). “Agriculture in Mesa County today is worth about $80 million a year,” Ryan says, and the District’s ability to help keep the water table at a low level to prevent the penetration of salt is critical. Values SDA for Training, Legislative Information Ryan says that he and his Board value SDA for the training it offers and for its work with the legislature on behalf of special districts. “We value learning what is going on at the legislature,” he says, “and what proposed laws might affect us.”

SUPPORTING COMMUNITY-BASED GOVERNMENT | SDACO.ORG | APRIL 2016

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SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

Northern Water

Lake Granby is part of the Northern Colorado Water Conservancy District’s West Slope Collection System and is the largest storage reservoir in the Colorado-Big Thompson Project.

Preparing for Growth The Northern Colorado Water Conservancy District By Susan M. Thornton

In the early 1930s while the United States was suffering through the Great Depression, Colorado and the western plains were also suffering through a devastating drought. Horrifying dust storms swept away entire fields of topsoil, and onethird of the farms in Larimer County were put up for sale. In the face of economic and environmental disaster, Greeley civic leaders began planning a project that would divert water from the Colorado River west of the Continental Divide and carry it to farmers’ fields in northeastern Colorado. The Colorado-Big Thompson Project In May of 1937, the legislature passed the Water Conservancy Act, laying the groundwork for the Northern Colorado Water Conservancy District, which was formed later that year to work with the U.S. Bureau of Reclamation to build the Colorado-Big Thompson (C-BT) Project. The project, built by and mostly funded by Reclamation between 1938 and 1957, is the largest transmountain diversion in Colorado. Initially designed primarily to meet irrigation needs, today the C-BT transports

water to 640,000 acres of farmland in northeastern Colorado, and supplements the water supply for 33 cities and towns. Carrying Water under the Continental Divide Water in the C-BT is diverted from the headwaters of the Colorado River and carried to Lake Granby and then to Grand Lake. From there, it flows more than 13 miles under the Continental Divide via the Alva B. Adams Tunnel, which became operational in 1947. The tunnel, which is more than nine feet in diameter, drops 109 feet in elevation between its western and eastern portals, running under Rocky Mountain National Park as much as 3,800 feet below the surface of the earth. After reaching the eastern end of the tunnel, the water passes through five power plants, generating hydroelectricity that helps pay for much of the project’s cost. With a capacity of 550 cubic feet of water per second, the tunnel delivers an average of 220,000 acre-feet of water annually to the East Slope. It irrigates farms in portions of Boulder, Broomfield, Larimer, Weld, Morgan, Washington, Logan, and Sedgewick counties, allowing farmers to

grow corn, alfalfa, hay, beans, sugar beets, and vegetables such as carrots and onions. Windy Gap Project: Additional Water for Municipal Use Brian Werner, Public Information Officer for the District, says that as successful as it has been, the C-BT was not the end of the District’s work. He points out that in the mid-‘60s, six rapidly growing northern Colorado cities joined together seeking additional water for future growth. The six cities-Boulder, Estes Park, Fort Collins, Greeley, Longmont, and Loveland-formed a Municipal Subdistrict of the District in 1970. They proposed development of a diversion project near a natural geologic cut called Windy Gap, located below the confluence of the Colorado and Fraser Rivers. Today the $120 million Windy Gap Project uses C-BT infrastructure to move water eastward. The project includes a diversion dam on the Colorado River that feeds the 445-acre-foot Windy Gap Reservoir, a pumping plant, and a six-mile pipeline to Lake Granby. The project carries about 48,000 acre feet per year to the northern cities.

SUPPORTING COMMUNITY-BASED GOVERNMENT | SDACO.ORG | APRIL 2016

Continued on page 14 11

The Northern Colorado Water Conservancy District was formed in 1937 to work with the U.S. Bureau of Reclamation to build the Colorado-Big Thompson (C-BT) Project. 12

SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

Today the C-BT transports water to 640,000 acres of farmland in northeastern Colorado and supplements the water supply for 33 cities and towns.



SUPPORTING COMMUNITY-BASED GOVERNMENT | SDACO.ORG | APRIL 2016

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Northern Water

A Municipal Subdistrict of Northern Water was established in 1970 to develop the Windy Gap Project which today consists of a diversion dam on the Colorado River, a pumping plant, and a six mile pipeline to Lake Granby.

A New Reservoir in Southern Larimer County In addition, Werner says, the District is building a new reservoir associated with the Windy Gap Project in southern Larimer County. The $400 million project will be paid for by 13 of the current 15 participants in the Windy Gap Project that are seeking additional reservoir storage of 90,000 acre feet at Chimney Hollow Reservoir. The District has been in the process of obtaining federal permits for the additional dam and reservoir (called the Windy Gap Firming Project, to separate it from the Windy Gap Project) for the last 12 years, Werner says, and is now approaching the end of the process. “We hope to be under construction in two to three years,” he says. Lake Granby and the C-BT system are often full in wet cycles, leaving little or no storage space for Windy Gap water, Werner says. Likewise, in dry years, the project has no water available to pump. This has led to the necessity of building storage outside the C-BT Project. Northern Integrated Supply Project So the District is also pursuing two additional storage reservoirs, one northwest of Fort Collins and one northeast of Greeley. The Northern Integrated Supply Project 14

“Most people or organizations only undertake one major federal permitting process in a lifetime. We’ve got two going on concurrently. And between the two of them, we have a billion dollars on the table trying to get through the processes.” —Brian Werner, PIO, Northern Water (NISP) will cost $600 million, to be paid for by 11 fast-growing northern Front Range cities and four water districts. Like the Windy Gap Firming Project, the NISP is growth-related, providing water largely for municipal use. Also like the Windy Gap Firming Project, the NISP has been seeking federal permits for 12 years, but “is not quite as far along,” Werner says. Still, he anticipates that the project will go forward eventually. A Billion Dollars “On the Table” The federal permitting process for dam projects, Werner notes, can take up to 20 years. “Most people or organizations only undertake one major federal permitting process in a lifetime,” he says. “We’ve got two going on concurrently. And between the two of them, we have a billion dollars on the table trying to get through the processes.”

Proud to Serve Colorado The District is staffed by 116 full-time employees; its annual operating budget of $32 million is generated by a property tax of one mill which was approved by voters in 1938 and by water assessment revenues. It is governed by a 12-member Board of Directors that is accustomed to the inevitable controversy that swirls around dams and transmountain diversions in Colorado. The District has long seen that the lessons of drought and the need for longterm planning are as relevant today as they were nearly 80 years ago when the District was founded. Not everyone will agree; water is always controversial in Colorado. But Werner says, “People are going to keep coming [to Colorado] and they have to have water. The alternative to dams and reservoirs is to rapidly accelerate ‘buy and dry’ ever-more farmland. That would be sad.”

SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

South Adams County Fire District

The South Adams County Fire District has been serving the northern Denver metro area since 1952.

Career-Volunteer Fire Protection District Making Changes By Susan M. Thornton It was 1942, World War II was underway, and the people of South Adams County voted to form an all-volunteer fire district. That year the district responded to 69 calls with ten volunteers. For ten years, the district continued with volunteers, depending on fundraising projects such as spaghetti dinners to support its mission. Then in 1952, voters approved a halfmill tax levy and formally created a new special district - the South Adams County Volunteer Fire Department. Today the re-named South Adams County Fire District, with its headquarters in Commerce City, protects 74 square miles that include areas of residential, commercial, and industrial development (including refineries and chemical plants) as well as all of Rocky Mountain Arsenal Wildlife Refuge. An Unusual Blended Force The District is unusual in the metro area in that it is a blended career-volunteer force, with 43 career staff and approximately 50 dedicated volunteers. The District has eight fire stations and contracts with Northglenn Ambulance for ambulance service. Funded by a mill levy of 9.9 approved by the voters in 2013, the District has an annual operating budget today of around $9 million. Last year the District responded to more than 2,000 calls for hazardous materials, motor vehicle crashes, and fires, and another 6,000 calls for emergency medical services. New Fire Chief In August of 2015, Chief Kevin Vincel took over the reins of the District from long-time former Chief, Ron LaPenna. Chief Vincel, who has worked for the District for 20 years, had been the District’s Fire Marshal before being named Chief. Fire

service is in his blood; he remembers fondly that his father served on the Board of the original volunteer department, and his mother was involved as well. Chief Vincel is proud of the internal and external changes he has made in just the short time since he was appointed by the District’s fivemember Board. “We have redone the whole structure of the department,” he says. “We’ve redone the budget, we’ve hired a couple of experienced Deputy Chiefs, and we have a new salary structure that’s competitive so we’re not losing firefighters. We’ve torn down old Station 4 and are rebuilding it, and we’re building a new headquarters building.” Ever-Faster, Ever-Better Service Chief Vincel says his ongoing goals for the District are to balance the budget and to provide lower response times to District residents. The pride and professionalism of the District’s blended staff continues to grow, he says, until today the District is “continuing to make progress toward being a top-notch department.” A Fan of SDA Members of the District’s Board attend SDA’s Annual Conference, Chief Vincel says, as does he. A member of the 2016 SDA Leadership Academy, Chief Vincel jokes that his goal is to see his face on the big screen at one of SDA’s Conferences. “The last Conference [in the fall of 2015] had terrifically motivating speakers,” he says, adding that the health insurance that SDA offers through its partnership with CEBT (the Colorado Employer Benefit Trust) and the “great networking opportunities” are among the benefits the District values from its SDA membership.

SUPPORTING COMMUNITY-BASED GOVERNMENT | SDACO.ORG | APRIL 2016

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SPECIAL SPECIAL DISTRICT DISTRICT ASSOCIATION ASSOCIATION OF OF COLORADO COLORADO || 303.863.1733 303.863.1733 || APRIL APRIL 2016 2016

2016 SDA Regional Workshops Present

Foundations for an Effective District… All the Basics and More These informative, educational, and entertaining workshops are coming to a town near you in June! Whether you are a Board Member, District Manager, or District Employee, a seasoned veteran looking for a refresher or brand new to your position and getting familiar with your responsibilities, we will have something for everyone. SDA and the law firm of Collins Cockrel & Cole will discuss all the essential aspects of boardmanship, and there will be plenty of time to answer any burning questions you may have. This information-packed program will cover important topics such as:

Granby

Fountain

Windsor

Thursday, June 9 8:00 am-12:00 pm South Metro Fire Rescue 9195 East Mineral Avenue Centennial (80112)

Friday, June 17 8:00 am-12:00 pm Grand Fire Protection District 60500 US Highway 40 Granby (80446)

Monday, June 13 8:00 am-12:00 pm City Hall Council Chambers 116 South Main Street Fountain (80817)

Monday, June 20 8:00 am-12:00 pm Windsor Severance Fire Rescue 100 7th Street Windsor (80550)

Durango

Lafayette

»» Open meetings and public records

Tuesday, June 14 8:00 am-12:00 pm Elks Lodge Ballroom 901 East 2nd Avenue Durango (81301)

»» Agenda posting

Grand Junction

Golden

»» TABOR

»» District powers »» Board duties

»» Conflicts of interests »» Contracts »» ADA

This is just the beginning of the valuable material that will be reviewed! You definitely won’t want to miss this training so sign up today. Registration is quick and easy; just head to the SDA website at www.sdaco. org. Cost for each workshop is $30 for members and $55 for non-members. See you there!



Denver

Wednesday, June 15 8:00 am-12:00 pm Mesa County Central Library Community Room 443 North 6th Street Grand Junction (81501)

Tuesday, June 21 8:00 am-12:00 pm Lafayette Public Library 775 West Baseline Road Lafayette (80026)

Thursday, June 23 8:00 am-12:00 pm Mount Vernon Country Club Canyon Room 24933 Clubhouse Circle Golden (80401)

Vail

Thursday, June 16 8:00 am-12:00 pm Top of the Lionshead Parking Structure Grand View Room 395 East Lionshead Circle Vail (81657)

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SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

The Tree Did It Guest article by Emily J. Powell, Ireland Stapleton Pryor & Pascoe, PC

Assessing Your Park and Recreation District's Liability for Slacklining Editor’s Note: What is written here is intended as general information, and it is not to be construed as legal advice. If legal advice is needed, you should consult an attorney.

Picture this:

Joe Citizen, a slacklining enthusiast, heads to your park and recreation district's local park for an afternoon of slacklining. The district knows that citizens commonly use the park for slacklining and allows them to do so. Joe sets up his equipment between two sturdy-looking trees. Unfortunately, Joe has no idea that one of the trees has been severely weakened by a fungus. As Joe begins to walk the line, the tree suddenly cracks, smacking him on the shoulder and neck as it topples over. As the sport of slacklining grows in popularity, many park and recreation districts are wondering about their potential liability for accidents such as Joe's. Some point to Colorado's governmental immunity laws for protection from liability; however, the issue is not quite as simple as that, and park and recreation districts should be prepared to take additional measures if slacklining is an activity they wish to permit. This article discusses governmental immunity and its exceptions as applied to slacklining, and identifies some ideas to help protect park and recreation districts from liability. Continued on page 21



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SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016

Governmental Immunity Colorado's Governmental Immunity Act (CGIA)1 is a series of statutes that seek to protect governmental entities, including special districts, from liability for tort actions. Torts are legal claims based on injuries to a person or damage to property, such as negligence. Therefore, if Joe Citizen sued the park and recreation district for causing his injuries by negligently maintaining its trees, the district would almost certainly assert its governmental immunity as a defense to the lawsuit. But would it work? Exception for Dangerous Conditions of Park and Recreation Areas The CGIA has many exceptions designed to allow injured parties to "get through" governmental immunity and hold a governmental entity liable for injuries resulting from certain types of conduct, such as operation of government-owned motor vehicles, failure to adequately remove snow and ice, and operation of swimming facilities.2 Relevant to slacklining, one exception to governmental immunity is for injuries or property damage that results from a dangerous condition of any "public facility located in any park or recreation area maintained by a public entity."3 Fortunately for park and recreation providers, there is a further exception to this exception (don't you love the law?) that allows governmental entities to retain their governmental immunity if the injury at the park and recreation area was caused by "the natural condition of unimproved property."4 This, of course, begs the question whether trees in park and recreation district parks used by the public for slacklining are "public facilities", thereby causing a waiver of governmental immunity, or are part of the "natural condition of unimproved property", thereby allowing the district to assert its governmental immunity anyway. The Government's Responsibility for Badly Behaving Trees Interestingly, a governmental entity's responsibility for the bad behavior of its trees has been the subject of two high-profile Colorado court cases. In 2004, the Colorado Court of Appeals considered the case of Silvia Rosales, who was injured when a tree branch fell on her while she picnicked at Denver City Park.5 Ms. Rosales sued the

City of Denver, arguing that the tree was part of a public facility, and that the City had been negligent in failing to properly inspect and prune the tree.6 The Court of Appeals rejected Ms. Rosales's argument, finding that "public facilities" include only man-made improvements, and that a tree located in a park is not a "public facility".7 However, the Court of Appeals did not end its discussion there. Instead, the Court of Appeals went on to say that a tree could become part of a public facility, if the governmental entity "incorporates a tree into a facility in such a manner that it becomes an integral part of the facility and is essential for the intended use of the facility".8 This "test" of whether a tree is part of a public facility for which governmental immunity is waived continued until last year, when the Colorado Supreme Court rejected it. In March 2015, the Colorado Supreme Court considered similar circumstances in the case Burnett v. State Department of Natural Resources9. In this case, a woman named Sara Burnett was camping at Cherry Creek State Park, which includes man-made camping sites with various amenities such as utility hookups and picnic tables, and also includes, as the Supreme Court carefully noted, "several thousand trees that were on the property when the State established the Park in 1959."10 Ms. Burnett pitched her tent at one of the man-made campsites, which was directly adjacent to many of the "native trees".11 While she was asleep, a limb from a cottonwood tree fell onto Ms. Burnett's tent, injuring her skull, neck, and face.12 Ms. Burnett sued the State of Colorado Department of Natural Resources. Both the trial court and Court of Appeals used the Rosales test to determine that the State was not responsible for the falling tree limb because even if the tree was incorporated into the campground facility, it was not an "integral part" of the campground, nor "essential for [the campground's] intended use."13 Ms. Burnett subsequently appealed to the Colorado Supreme Court, which approached the question from an entirely different perspective. First, the Supreme Court outright rejected the Rosales test, finding that it impermissibly expanded the definition of "public facility" beyond what was intended by the CGIA.14 Instead, the Supreme Court determined that in drafting the CGIA, the legislature intended to retain governmental immu-

nity for "injuries caused by native trees originating on unimproved property", regardless of their proximity to a public facility.15 Because the cottonwood tree that caused Ms. Burnett's injury was part of the native vegetation and was located on an unimproved portion of the State park, the Supreme Court determined that the State could assert its governmental immunity as a defense to Ms. Burnett's lawsuit.16 Relationship to Slacklining Based on the Supreme Court's holding in Burnett, it seems that park and recreation districts can rely on governmental immunity as a defense if a "native tree" injures an individual participating in slacklining, and the incident occurs in an "unimproved" area such as open space, near natural trails, or at campgrounds. However, the Supreme Court's holding is less clear when applied to non-native (e.g., planted) trees in improved areas (e.g., urban parks). Accordingly, until the courts provide further guidance, park and recreation districts may wish to take additional steps to protect themselves from any potential liability arising from slacklining accidents occurring in improved areas with non-native trees, such as: (i) Installing slacklining poles or designating certain trees that are appropriate for slacklining; (ii) Regularly inspecting and maintaining the poles or designated trees; (iii) Posting a "notice of dangerous activity" regarding slacklining on or near the poles or designated trees; and (iv) Actually preventing or stopping citizens from using non-designated trees for slacklining. ¹ C.R.S. § 24-10-101, et seq. ² C.R.S. § 24-10-106. ³ C.R.S. § 24-10-106(1)(e). 4

Id. Rosales v. City & County of Denver, 89 P.3d 507

5

(Colo. Ct. App. 2004). 6

Id. at 508.

7

Id. at 510.

8

Id.

9

346 P.3d 1005.

10

Id.

11

Id.

12

Id.

13

Id.

14

Id.

15

Id. (emphasis added).

16

Id.

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How Can a Cloud-Based GIS System Work for Your District?

If you have been asking yourself this very question, then our next Lunch and Learn is for you! Join us at the SDA office on Wednesday, April 20 from 11:30 am to 1:30 pm when Tim McCarthy and Shane Bergman from Tamarack Consulting will explore the important issue of how districts can take control of their assets through a cloud-based GIS platform that is secure, inexpensive, and requires very little training to use. You will learn how this platform can empower districts to take charge of their assets by mapping them and associating data, including costs, dates of installation, contractor names, and maintenance information. Other key features include the abil-

ity to access planning documents, plats, construction drawings, and easements as PDFs. Moreover, because it is a cloud based system, data can be shared easily and securely with key district staff, including managers and maintenance personnel, as well as with Board members. Don’t miss this valuable information and the chance to speak with these experts in person! This program will be held at the SDA offices located at 225 East 16th Avenue, Suite 1000 (Denver 80203). The cost is $25 which includes the program and lunch. To register, simply go to the SDA website at www.sdaco.org. See you there!

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SPECIAL DISTRICT ASSOCIATION OF COLORADO | 303.863.1733 | APRIL 2016