Polis calls a special session on property taxes days after Proposition HH fails

State lawmakers from across Colorado will return to Denver next Friday in an attempt to find a new way to relieve homeowners from the skyrocketing property taxes due in 2024 just days after the legislature’s first plan, Proposition HH, was soundly voted down

Gov. Jared Polis called the special legislative session during a press conference at his residence Thursday. 

“I’m calling on the General Assembly to convene on Nov. 17 to cut property taxes and provide immediate relief for Coloradans who are at risk of major property tax increases,” he said.  

Polis said he doesn’t have a specific policy proposal in mind and that he will leave it to the legislators to come up with a plan. He said he hopes to address the taxes due next year during the special session and then return to the long-term issue of high property taxes during the next full session, which begins in January. 

House Speaker Julie McCluskie, a Dillon Democrat, said the goal of the session will be to provide relief on property taxes while protecting schools, fire districts and libraries.

“In this special session, we will work to boost support for renters and working people and deliver urgent property tax relief for Coloradans,” she said in a written statement.

Local governments are required to finalize their budgets, including their revenue from property taxes, in early December, abbreviating the timeline for the state legislature to address the issue.

If approved, Proposition HH would have decreased property taxes for Coloradans, but it would also have reduced the dollars available for annual refunds through the Taxpayer’s Bill of Rights by using that money to backfill local services impacted by the cut — namely schools. The changes would have been in place for at least 10 years. 

Unofficial results from the secretary of state’s office show Proposition HH losing by about 20 points. 

County assessors across the state have warned that property values, one of the main factors in calculating property taxes, are expected to rise significantly for taxes owed next year. A statewide analysis by Colorado Public Radio found that Pitkin County will see about an 81% increase in value for the average home. Routt County will see a 68% increase while Summit, Eagle and Grand counties will see about 55% in increases, according to the analysis.

In the weeks leading up to Election Day, opponents of the measure called on Polis to summon lawmakers back to the Capitol for a special session to find a different way to address the rise in property taxes. Polis originally indicated he wouldn’t do so and declined to discuss his office’s plan if Proposition HH were to fail.

House Republicans responded to Polis’ call for a special session Thursday, saying the problem should have been addressed earlier.

A voter’s pen hovers over Proposition HH as they consider one of the two statewide ballot issues in this year’s election. Unofficial results from the secretary of state’s office show Proposition HH losng by about 20 points, paving the way for a surge in property taxes.
Ben Roof/For the Vail Daily

“We proposed bills during the regular legislative session to address this and then presented solutions once again when we called for the special session a few weeks back,” said Assistant Minority Leader Rose Pugliese from Colorado Springs. “Hopefully during this special session the Democrats will come to the table in good faith to provide real and clean property tax relief.”

Polis, a Democrat, said he has spoken with leadership from both parties in the legislature. Democrats have a majority in both chambers.

Lawmakers from across the Western Slope responded to the call for a special session Thursday.

Rep. Meghan Lukens, D-Steamboat Springs, said the legislature needed to provide relief while supporting renters, boosting incomes for working families and protecting rural schools’ funding.

“I look forward to working with my colleagues on both sides of the aisle to deliver real results that make Colorado more affordable for all and reduce the cost of living in the High Country,” she said in a written statement.

Rep. Elizabeth Velasco, a Glenwood Springs Democrat said she was also looking forward to returning to the Capitol.

“Our voters spoke loud and clear that HH was not the right solution,” she said.

Sen. Perry Will, a New Castle Republican, said he thinks this time, the solution for property tax relief will be bipartisan with both sides agreeing on the urgency of the issue.

“I don’t think it will be a big partisan battle, I think we will go there and figure out a way to get people relief,” he said.

Sen. Dylan Roberts, a Democrat who lives in Summit County, didn’t respond to a request for comment.

Proposition HH was supported by prominent Democrats and political organizations like a national teachers union and education groups. Several conservative nonprofits, including Advance Colorado Action, were opposed to the measure. The Colorado Municipal League and Colorado Counties Inc., which represent the state’s cities and counties, respectively, also opposed the measure along with the Colorado Association of Realtors. 

Republicans mounted a hefty campaign opposing the measure, criticizing it as an attempt by Democrats to undermine Colorado Taxpayer’s Bill of Rights, or TABOR, a 1992 constitutional amendment that requires voter approval for any tax increase and caps government spending. 

The special session will also be a chance for the legislature to pass legislation taking advantage of $35 million in federal funding to provide food and nutrition for more than 300,000 Colorado children during the summer months beginning as soon as the summer of 2024.

This is the second time Polis has called a special session, the first being in 2020 during the COVID-19 pandemic.

Colorado voters approve Proposition II, retaining excess tax revenues for state’s pre-K programs

Colorado voters approved Proposition II on Tuesday, Nov. 7, allowing the state to keep $23.65 million in tax revenue already collected from the sale of tobacco and vaping products and spend it on preschool programs.

Preliminary statewide results reported at 9 p.m. show roughly 34% of voters rejected the measure while about 66% supported it. In Eagle County, residents voted yes 74% and no 26%, as of 7:10 p.m.

“This year, we saw historic demand from Colorado families for free universal preschool,” said Governor Polis in a statement upon the proposition’s passage. “… I am thrilled people voted in favor of providing more funding for our free universal preschool program that is saving families money, and this voter-approved measure will help fund more preschool for kids.”

If Colorado voters had not approved Proposition II, the $23.65 million in tax revenue would have been refunded to tobacco wholesalers and distributors and the taxes on tobacco and vaping products would have dropped 11.5%.

Proposition II follows voters’ approval of Proposition EE in 2020. Proposition EE raised the taxes on tobacco, created a new tax for vape products and dedicated the funds raised through the taxes to early childhood education.

That helped Colorado to launch its universal preschool program earlier this year.

But the tax collections from Proposition EE generated more revenues than expected. Voters were originally told that the taxes would raise about $186 million in the first year, but actual revenue from that year was $208 million, according to the Colorado state legislature.

The Colorado Constitution requires that if voters approve a new tax and the revenue in the first year is more than the state estimated, the state is required to refund the revenue collected over the estimate and reduce the tax rate based on how much revenue was collected in excess of the estimate.

Instead of refunding the excess revenues and reducing the tax rate, voters can instead approve a ballot measure allowing the state to keep all the revenue that was collected from the new tax and not reduce the tax rate, which is why the legislature put Proposition II on the ballot.

Virgili wins race for contested Colorado Mountain College board seat

In the race for the District 2 seat on the Colorado Mountain College Board of Trustees, Marianne Virgili leads against David Use as of 9 p.m. Tuesday.

Virgili captured nearly 70 percent of the vote to Use’s 30 percent, with a total vote count of 6,891, as of 8 p.m. Tuesday. Kerry Buhler (District 4), Bob Kuusinen (District 5) and Gloria Perez (District 6) each secured a seat in unopposed races.

Eagle County 1A results: Voters support retaining excess lodging tax revenue

Eagle County voters strongly supported Ballot Issue 1A on Tuesday, which will retain excess 2023 lodging tax revenue to support the local workforce.

More than 72% of voters support the measure compared to roughly 28% voting against it among the 6,700 votes counted as of 9 p.m. Tuesday.

The ballot measure would allow the county to retain all 2023 revenues derived from the 2 percent lodging excise tax on short-term rentals approved by voters in November 2022 to spend on additional child care programs and affordable housing opportunities for local workers.

Avon voters reject construction materials use tax

Avon voters on Tuesday rejected ballot issue 2A, which asked for approval of a tax on the use of construction materials.

Unofficial results as of 9 p.m. show 60% of voters against the ballot measure, and just under 40% in favor. A total of 892 votes had been counted.

Official results will be certified in the coming weeks, by Nov. 29 at the latest.  

The town of Avon does not currently have a tax for the use of construction materials and is the only jurisdiction in Eagle County without a construction materials use tax. If the 9 p.m. results hold, there will continue to be no construction materials use tax in Avon. 

The proposed ballot measure would tax the use of construction materials at a rate of 4%, which would match the construction materials use taxes in Vail, Minturn and Eagle within Eagle County. If passed, the use tax would only apply to projects in Avon receiving over $50,000 of work within a calendar year.

A construction materials use tax is typically easier to collect more consistently, when compared to a sales tax, and was expected to generate more revenue for Avon than the existing construction materials sales tax.

This is the second time Avon voters have seen a ballot question about taxing the use of construction materials. The last time Avon voters saw a construction materials use tax on the ballot was in 2002 when it failed by a vote of 573 against the use tax and 379 in favor. Voter polling completed in the summer of 2022 indicated that the majority of current Avon voters were in favor of a construction materials use tax.

Colorado voters soundly reject Proposition HH, allowing surge in property taxes to proceed

Colorado voters on Tuesday night rejected an effort by Democrats in the state legislature and Gov. Jared Polis to reduce property taxes by cutting into the money available for state taxpayer refunds. 

Results as of 9:20 p.m. showed 60% of voters opposing Proposition HH and 39% supporting with 985,925 ballots counted, according to results posted on the Secretary of State’s website.

Proposition HH would have blunted skyrocketing property taxes caused by the surge in property values during the pandemic. It would have used some of the money Coloradans get in annual tax state refunds to replace lost revenue for local services, primarily for schools.

State Senate President Steve Fenberg, D-Boulder, said in a written statement Tuesday night that the legislature’s path forward on property taxes was unclear.

“Prop HH was a nuanced, balanced policy that appears to have fallen prey to a misinformation slogan campaign by the far right, who would prefer to cut property taxes on the backs of our schools and fire districts,” he said.

House Speaker Julie McCluskie, D-Dillon, called the outcome disappointing in a written statement.

“The reality is that Coloradans are still staring down enormous property tax increases,” she said. “We have a responsibility to pursue a balanced approach that makes housing more affordable for all, supports renters and working families and protects funding for schools, fire districts and libraries. Those were challenging things to advance in a single policy at the ballot.”

Michael Fields, the president of Advance Colorado, one of the organizations that opposed Proposition HH, urged the governor to call a special session to address property taxes in a statement Tuesday.

“HH was a deceptive measure, crafted in secret to give Coloradans a huge tax increase wrapped in tiny tax relief,” he said.

County assessors across the state have warned that property values, one of the main factors in calculating property taxes, are expected to rise significantly for taxes owed next year. A statewide analysis by Colorado Public Radio found that Pitkin County will see about an 81% increase in value for the average home. Routt County will see a 68% increase while Summit, Eagle and Grand counties will see about 55% in increases, according to the analysis.

Eagle County was less dramatically opposed to the measure as much of the state, with 44.14% voting in favor and 55.86% voting against as of 9 p.m.

In the weeks leading up to Election Day, opponents of the measure called on Polis to summon lawmakers back to the Capitol for a special session to find a different way to address the rise in property taxes. Polis indicated he wouldn’t do so and declined to discuss his office’s plan if Proposition HH were to fail.

Rep. Chris deGruy Kennedy, D-Lakewood, is one of the sponsors of the bill that placed Proposition HH on the ballot. 

“If HH fails, I imagine we will have an emergency phone call in the morning of Nov. 8,” he said in October.

The measure was placed on the ballot by Senate Bill 303, which was passed in the final days of this year’s legislative session. Colorado House Republicans walked off the floor during the final debate over the measure in protest over how quickly it was passed.

Since then, Republicans and other political organizations mounted a hefty campaign opposing the measure. They have criticized the measure as an attempt by Democrats to undermine Colorado Taxpayer’s Bill of Rights, or TABOR, a 1992 constitutional amendment that requires voter approval for any tax increase and caps government spending. 

Many political observers have called the measure one of the most complicated in the state in recent memory. 

It was supported by prominent Democrats and political organizations like a national teachers union and education groups. Several conservative nonprofits, including Advance Colorado Action, were opposed to the measure. The Colorado Municipal League and Colorado Counties Inc., which represent the state’s cities and counties, respectively, also opposed the measure along with the Colorado Association of Realtors. 

The changes would have been in place until at least 2032.

The measure also would have treated second homeowners in Colorado differently for the first time. That’s an idea that could return in future lawmaking sessions as rural resort communities deal with the impacts of short-term rentals and unaffordable living conditions. 

Sunday, Woodworth Foral and Woods win seats on Eagle Town Council as voters write off write-in candidates

In the race to fill three open seats on the Eagle Town Council this year, only three candidates were on the ballot.

But five total candidates were eligible, with Robert D’Agostino and Thomas Olden qualifying as write-in candidates who were not named on the ballot.

After the second round of results were issued on Tuesday, it appears that the challenge of not being named on the ballot may have been too difficult to overcome for Olden and D’Agostino, who were down more than 300 votes apiece.

The second round of election results, released at 8:54 p.m., show Nick Sunday leading the vote count with 1,040 votes, followed by Jamie Woodworth Foral with 1,022 and Bryan K. Woods with 982. Olden and D’Agostino had 624 and 617, respectively.

In addition to being named on the ballot, Sunday and Woodworth Foral also had the advantage of incumbency, already serving on the council at the time of the election. Sunday, Woodworth Foral and Woods will join the already sitting members of the Town Council including Mayor Scott Turnipseed, Mayor Pro Tem Mikel “Pappy” Kerst, and council members Ellen Bodenhemier and Geoffrey Grimmer.

Woodworth Foral was appointed in May to fill a vacancy left by former Council member Janet Bartnik’s resignation. Woodworth Foral grew up in Eagle and is a former member of the town’s Planning and Zoning Commission.

The Eagle Town Council may be in the position of appointing another new member during Woodworth Foral’s next term as Grimmer has announced his intention to run for Eagle County commissioner in the 2024 election.

Woodworth Foral said she’s excited to work on the Grand Avenue Corridor expansion and the Open Space Master Plan during her next term on the Town Council, and said while it’s not likely to happen in the next four years, she would also like to see the groundwork laid for a new I-70 interchange at the Eagle County Regional Airport.

“It would be great to collaborate with Gypsum and Eagle County and breathe some life into that project again,” she said.

Sunday, Woodworth Foral and Woods were elected to four-year terms. For Sunday, it will be a second full term on the Town Council, as he was elected to a two-year term in 2021.

Woods, who is now joining the council for his first term in office, said after attending the recent meetings on the ReCode Eagle efforts, he expects that effort will continue to create work for the town in the years to come.

“I fully anticipate there will be some hiccups — some unintended surprises — lurking in there, and we’re going to need to fix that and adjust as we go,” he said. “We’re going to be setting the precident for the development of this town for the next half a century, considering that’s how long the last land-use code lasted.”

Vail Town Council results: Chapin, Phillips, Staufer and Bisantz lead in early voting

Dave Chapin, Reid Phillips, Jonathan Staufer and Sam Biszantz are leading the race for Vail Town Council’s four open seats as of 9 p.m. on Tuesday.

Unofficial results show Chapin, the former mayor, leading with 642 votes, followed by Phillips with 619 votes, Staufer with 574 votes and Biszantz with 501 votes. Staufer is the lone incumbent in the field.

Christine Santucci follows closely behind with 484 votes, trailed by Brian Sipes with 384, Dave Tucker with 336, Scott McBride with 304, John Rediker with 256 and Jack Bergey with 149.

Official results will be certified in the coming weeks, by Nov. 29 at the latest.  

If the current results hold, Chapin, Phillips and Staufer will all serve four-year terms, while Biszantz will serve a two-year term.

While Chapin wants to wait until everything is official to celebrate, he said Tuesday night it is “an honor to think that the people of Vail welcomed me back and I don’t take it lightly, it’s humbling.”

“I love Vail and I love representing Vail,” Chapin added. “It’s a special town, a special mountain, a special place — let’s keep it that way. Let’s do our best to maintain it.”

Plus, Chapin added that he’s “pretty happy with where this current council left us.”

Phillips, who spent Election Night bouncing between Chapin’s Vendetta’s and Biszantz’s Two Arrows, said he was feeling “cautiously optimistic” just after 9 p.m.

“I’m definitely feeling pretty good about where I’m sitting, and I feel really good about the other candidates that are in there,” Phillips said. “I’m excited if we kind of took it where it was right now, with Dave Chapin and Sam Biszantz holding up fourth and Jonathan, I feel like that’s a great group of people I’d love to work with.”

Looking ahead, Phillips said he’s “excited for the campaigning to be over and looking forward to whatever this new council is going to be.”

“I think it’ll bring a lot of balance to the board and hopefully a more unified council moving forward that can come together,” Phillips added.

The 2023 race for Vail Town Council saw a large candidate field, with 10 candidates running for the four open seats.

Three of the four open seats are held by Kevin Foley and Jen Mason as well as by Mayor Kim Langmaid, who could not run for re-election due to term limit rules. Staufer holds the fourth seat, which he’ll retain if he continues to be among the top four candidates receiving votes.

The candidate field also included currently seated Planning and Environmental Commissioners Phillips and Rediker, while Sipes is a former Avon Town Council member and Mayor Pro Tem. All three are seeking a first term on the Vail Town Council, along with Bergey, Biszantz, McBride, Santucci and Tucker.

In December, once the new council is sworn in, the Town Council will then appoint a mayor and mayor pro tem from among the seven council members. The appointed mayor and mayor pro tem will each serve a two-year term.

Eagle County School district voters split on bond issue, mill levy increase

Eagle County School District voters were split in their opinions about a pair of ballot questions, 5A and 5B, on Tuesday’s ballot. As of 9 p.m., 5A, a mill levy override, was trailing, while 5B, a bond issue, was leading.

The override question asked voters if property taxes could be increased by a total of $3.5 million in 2024 and beyond. According to the ballot language, the mill levy would be used for attracting and retaining teachers and staff, enhancing safety and security, providing mental health and other support services and maintaining programs including art, music, technology and physical education.

After the 9 p.m. results were released, showing the mill levy question being defeated by roughly 53% to 47%, Eagle County Board of Education President Michelle Stetcher said she wished the mill levy had found “a little more local support.”

Stetcher added that district officials were more confident in 5B — which was passing at 9 p.m. by a 52% to 47% margin — particularly since the ballot language stated the debt would be issued without raising taxes.

Stetcher added the district is likely to try again with a mill levy increase question, but wasn’t sure when that might happen.

The mill levy increase and its boost to district revenue were deemed essential for the district to attract and retain staff. “We’re losing great talent,” Stetcher said Tuesday afternoon, adding that the district had to dip into its reserve funds to cover the last pay boost for teachers.

But, Stetcher added, passing the bond issue is also important, particularly for projects including building workforce housing, improvements to elementary schools, a new early childhood center in Gypsum and an extensive remodeling project on the early childhood center in Edwards.


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In a text message after the 9 p.m. results were announced, Education Foundation of Eagle County President Wendy Rimel thanked voters for approving the bond issue.

“The funds from 5B allow the district to keep building affordable housing in areas where it is most needed,” Rimel wrote. “Now the district can build housing in Gypsum and continue projects in Maloit Park. … We can’t thank the voters enough for this positive outcome.”

2023 Eagle County election results

Editor’s note: This story will be updated as we receive results and more information regarding the election.

Find up-to-date results on all races and issues at VailDaily.com/election

11:40 p.m. – The last update of votes was posted at VailDaily.com/election

10:12 p.m. – Of 33,526 active voters in Eagle County, 12,150 ballots were cast as of 9 p.m., making voter turnout about 36%

9:30 p.m. – There will be one more round of votes released this evening by the Eagle County Clerk and Recorder’s Office.

9:15 p.m. – While three candidates have pulled ahead, the race for the fourth Vail Town Council position is close. Just 17 votes separate Christine Santucci and Sam Biszantz as of 9 p.m. Read more about the race here.

9:10 p.m. – The latest round of results have been posted at VailDaily.com/election

8:33 p.m. – Proposition II is well supported. Preliminary statewide results reported at 8 p.m. show roughly 34% of voters rejected Proposition II, while about 66% supported it. In Eagle County, residents voted yes 74% and no 26%, as of 7:10 p.m.

8:10 p.m. – Avon voters reject construction materials use tax. Read more about the ballot measure here.

7:55 p.m. – Proposition HH has been rejected. Read more about it here, or find out how the local vote compared to the state votes at VailDaily.com/election

7:47 p.m. – Eagle Town Council results: Sunday, Woodworth Foral and Woods lead write-in candidates

7:45 p.m. – The next round of results is expected around 9 p.m.

7:40 p.m. – In the Vail Town Council race, there are four clear leaders after the first wave of votes came through: Chapin, Phillips, Staufer and Bisantz are ahead in early voting

7:32 p.m. – Eagle County School district voters show early split on bond issue, mill levy increase. Read more about how the race is looking after the initial round of results here.

7:30 p.m. – Proposition HH is losing statewide 270,358 votes to 410,175, as of 7:30 p.m., according to the Colorado Secretary of State website. In Eagle County, 4,695 voted for the proposition, while 5,910 voted against.

7:25 p.m. – The first round of results have been posted at VailDaily.com/election

7:00 p.m. – Polls have closed. The first wave of results is expected in the next half an hour.