HomeMy Public PortalAboutTBP 2022-05-18Board of Trustees
Regular Meeting Agenda
Fraser Town Hall, 153 Fraser Avenue and Virtually
Wednesday May 18, 2022
6:00 PM - 9:00 PM
Members of the Board may have dinner together @ 5:30
p.m.
NOTE: Times are approximate and agenda subject to
change
Watch the meeting live on Fraser's YouTube
Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg
Participate in the meeting through our virtual platform
Zoom Meeting Information
https://us02web.zoom.us/j/2590408013
Meeting ID:259 040 8013
Phone 1 -346 -248 -7799
Roll Call
Approval Of Agenda
Consent Agenda
Minutes May 4, 2022
TBM 2022 -05 -04.Pdf
Town Board Sign In Sheet.pdf
Discussion And Possible Action Regarding
Treasurer's Report - Rob
Cornerstone Attainable Housing Report
TOF Attainable Housing Audit 2021.Pdf
Public Art Committee Application - Antoinette
Tara Rose Hendricks.pdf
Fraser River Valley Regional Housing Partnership Appointment - Ed
Appointment Applications
Janea Champlin.pdf
Jean Wolter.pdf
Michael Johnson.pdf
Skylar Marshall.pdf
Colorado Paid Family And Medical Leave Insurance Program - Ed
May 18 Staff Memo On Prop 118.Pdf
Paid Family And Medical Leave Insurance Act - CDLE.pdf
Knowledge Now FAMLI.pdf
Byers Avenue Waterline Replacement Status And Lions Ponds
Update - Ed
Updates
Business not on the agenda (If you would like to request time on the
agenda please contact the Town Clerk)
Executive Session
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b)
and For the purpose of determining positions relative to matters that may
be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding
litigation.
Executive Session
For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)
(I) and not involving any specific employees who have requested
discussion of the matter in open session. Regarding Personnel
Adjourn
UPCOMING MEETING
WEDNESDAY, JUNE 1, 2022 BOARD OF TRUSTEES
Please contact the Town Clerk to request accommodations to assist people with
disabilities to participate in public meetings. Listening devices for people with
hearing impairment are available upon request.
Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us
1.6:00 P.M.
2.
3.
a.
Documents:
4.
a.
b.
Documents:
c.
Documents:
d.
d.i.
Documents:
e.
Documents:
f.
5.
6.
7.
8.
Board Staff
Direct : Define the service, product or value
to be delivered
Lead : Future focused planning
Protect : Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday May 18, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaConsent AgendaMinutes May 4, 2022TBM 2022 -05 -04.PdfTown Board Sign In Sheet.pdfDiscussion And Possible Action RegardingTreasurer's Report - RobCornerstone Attainable Housing Report
TOF Attainable Housing Audit 2021.Pdf
Public Art Committee Application - Antoinette
Tara Rose Hendricks.pdf
Fraser River Valley Regional Housing Partnership Appointment - Ed
Appointment Applications
Janea Champlin.pdf
Jean Wolter.pdf
Michael Johnson.pdf
Skylar Marshall.pdf
Colorado Paid Family And Medical Leave Insurance Program - Ed
May 18 Staff Memo On Prop 118.Pdf
Paid Family And Medical Leave Insurance Act - CDLE.pdf
Knowledge Now FAMLI.pdf
Byers Avenue Waterline Replacement Status And Lions Ponds
Update - Ed
Updates
Business not on the agenda (If you would like to request time on the
agenda please contact the Town Clerk)
Executive Session
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b)
and For the purpose of determining positions relative to matters that may
be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding
litigation.
Executive Session
For discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)
(I) and not involving any specific employees who have requested
discussion of the matter in open session. Regarding Personnel
Adjourn
UPCOMING MEETING
WEDNESDAY, JUNE 1, 2022 BOARD OF TRUSTEES
Please contact the Town Clerk to request accommodations to assist people with
disabilities to participate in public meetings. Listening devices for people with
hearing impairment are available upon request.
Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us
1.6:00 P.M.2.3.a.Documents:4.a.b.Documents:
c.
Documents:
d.
d.i.
Documents:
e.
Documents:
f.
5.
6.
7.
8.
Board Staff
Direct : Define the service, product or value
to be delivered
Lead : Future focused planning
Protect : Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
Board of Trustees Regular Meeting Agenda Fraser Town Hall, 153 Fraser Avenue and Virtually Wednesday May 18, 2022 6:00 PM - 9:00 PM Members of the Board may have dinner together @ 5:30 p.m. NOTE: Times are approximate and agenda subject to change Watch the meeting live on Fraser's YouTube Channel https://www.youtube.com/channel/UCs5aHnl7d -kk0j1cxV28DSg Participate in the meeting through our virtual platform Zoom Meeting Informationhttps://us02web.zoom.us/j/2590408013 Meeting ID:259 040 8013 Phone 1 -346 -248 -7799Roll CallApproval Of AgendaConsent AgendaMinutes May 4, 2022TBM 2022 -05 -04.PdfTown Board Sign In Sheet.pdfDiscussion And Possible Action RegardingTreasurer's Report - RobCornerstone Attainable Housing ReportTOF Attainable Housing Audit 2021.PdfPublic Art Committee Application - AntoinetteTara Rose Hendricks.pdfFraser River Valley Regional Housing Partnership Appointment - EdAppointment Applications Janea Champlin.pdfJean Wolter.pdfMichael Johnson.pdfSkylar Marshall.pdfColorado Paid Family And Medical Leave Insurance Program - EdMay 18 Staff Memo On Prop 118.PdfPaid Family And Medical Leave Insurance Act - CDLE.pdfKnowledge Now FAMLI.pdfByers Avenue Waterline Replacement Status And Lions Ponds Update - EdUpdatesBusiness not on the agenda (If you would like to request time on the agenda please contact the Town Clerk)Executive Session For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24 -6 -402(4)(b) and For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24 -6 -402(4)(e). Regarding litigation.Executive SessionFor discussion of a personnel matter under C.R.S. Section 24 -6 -402(4)(f)(I) and not involving any specific employees who have requested discussion of the matter in open session. Regarding PersonnelAdjournUPCOMING MEETING
WEDNESDAY, JUNE 1, 2022 BOARD OF TRUSTEES
Please contact the Town Clerk to request accommodations to assist people with
disabilities to participate in public meetings. Listening devices for people with
hearing impairment are available upon request.
Town Clerk, Antoinette McVeigh 970 -531 -9943 or amcveigh@town.fraser.co.us
1.6:00 P.M.2.3.a.Documents:4.a.b.Documents:c.Documents:d.d.i.Documents:e.Documents:f.5.6.7.8.
Board Staff
Direct : Define the service, product or value
to be delivered
Lead : Future focused planning
Protect : Establish the operational
boundaries to be respected by Staff and
monitored by the Board
Manage : Now focused policy and procedural
guidance to ensure on time, on budget, and on
target service delivery
Enable : Advocacy, resource development,
and role discipline
Accomplish : Ensure the work defined by the
direction of the Board of Trustees is accomplished
FRASER BOARD OF TRUSTEES
MINUTES
DATE:May 4, 2022
MEETING:Board of Trustees Regular Meeting
PLACE:Fraser Town Hall Board Room and Virtually
PRESENT
Board:Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Lewis
Gregory, Brian Cerkvenik, Katie Soles, Parnell Quinn and Kaydee Fisher
Staff:Town Manager, Ed Cannon; Town Clerk, Antoinette McVeigh; Assistant
Town Manager, Michael Brack; Public Works Director, Russell
Pennington
Others:See attached list
Mayor Vandernail called the meeting to order at 6:00 p.m.
1.Rollcall: Mayor Philip Vandernail; Mayor Pro-Tem Eileen Waldow; Trustees; Lewis
Gregory, Brian Cerkvenik, Katie Soles, Parnell Quinn and Kaydee Fisher
2.Approval of Agenda:
Trustee Cerkvenik moved, and Trustee Quinn seconded the motion to approve the
amended agenda to include a new Discussion Item C) Mountain Parks Electric Director
Election. Motion carried: 7-0.
3.Consent Agenda:
a)Minutes April 20, 2022
b)Resolution 2022-05-04 Grand County Fishing Company Winter Park Flyfisher
License
Trustee Quinn moved, and Trustee Soles seconded the motion to approve the consent
agenda. Motion carried: 7-0.
4.Discussion and Possible Action:
a)Committee Appointments
a.i.)Resolution 2022-05-01 EDAC Appointment
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to appoint all
applicants Paula Stuart, Barry Young, Kelsey Young, Autumn Bishop and Nicole Spiteri
to the Economic Development Advisory Committee. Motion carried: 7-0
Trustee Quinn moved, and Trustee Soles motioned to appoint Kaydee Fisher to the
Economic Development Advisory Committee. Motion carried: 7-0
Page 2 of 3
Resolution 2022-05-02 PAC Appointment
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to appoint all
applicants, Steve Fitzgerald, Eric Vandernail, Callie McDermott, Cynthis McCoy, Jerilyn
Suster and Kerry Crandell to the Public Arts Committee. Motion carried: 7-0
Resolution 2022-05-03 WWC Appointment
Trustee Soles moved, and Trustee Fisher seconded the motion to appoint all applicants
Bob Wolf, Dennis Soles and Ron Anderson to the Water Wastewater Advisory
Committee. Motion carried: 5-2, Nay Mayor Vandernail and Trustee Quinn.
b)Resolution 2022-05-05 Planning Commission Appointment
Trustee Quinn moved, and Trustee Cerkvenik seconded the motion to appoint Trustee
Katie Soles as Ex-Officio Trustee of the Planning Commission. Motion carried: 7-0.
c)Mountain Parks Board of Directors Election for District 2
The Board motioned to appoint Richard Zieff as there vote to the Mountain Parks Board
of Directors, Election for District 2. Ya Trustees Quinn, Cerkvenik, Fisher, Gregory and
Waldow. Trustee Soles and Mayor Vandernail voted for Cray Healy. The vote went to
Richard Zieff.
d)Deputy Clerk Position
Trustee Soles moved, and Trustee Gregory seconded the motion to approve the Deputy
Clerk position. Motion carried: 7-0.
e)Fraser River Valley Regional Housing Partnership Appointment
The Board approved publication of the provided application for the Fraser River Valley
Regional Housing Partnership Appointment
f) Northwest Colorado Council of Governments Appointment
Trustee Soles moved, and Trustee Waldow seconded the motion to appoint Lewis
Gregory to the Northwest Colorado Council of Governments Appointment.
Motion carried: 7-0.
g)Human Resources
The Finance Director Rob Clemens presented Bamboo HR that the town uses for
payroll, onboarding, offboarding among other potential functions. He also updates the
contract with Employers Council and their available services. The Bord would like to
have an executive session at the next board meeting to discuss personnel matters.
h)Thank You to The Election Judges
The Board thanked the 2022 Municipal Election Judges Bette Jo Courville, Sue Fields
and Wendy Mielke.
Page 3 of 3
i)Byers Avenue Waterline Replacement and Cozens Bathroom Updates
Taylor Excavating & Underground LLC has bid on the Cozens Bathroom Project. No
bids have been received on the Byers Avenue Waterline Replacement.
6. Open Forum:
a) Paula Stuart, downtown parking and town planner
7.Updates
a)
8.Adjourn:
Trustee Soles moved, and Trustee Cerkvenik seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 8:28 p.m.
_____________________________
Antoinette McVeigh, Town Clerk
TOWN BOARD REGULAR MEETING
REGISTRATION SHEET
May 4, 2022
The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government
issues to the Town Board.Those wishing to address the Town Board will be allowed a five-minute presentation.A maximum of six
(6)people will be allowed to address the Town Board at each Public Forum.If a topic that you wish to discuss has been scheduled
for a formal Town Board Meeting,we would ask that you reserve your remarks for that specific date and time.Topics that are in
litigation with the Town will not be heard during this forum.All presenters are urged to:(1)state the concern;and (2)list possible
solutions. Please keep the following guidelines in mind:
Remarks that discriminate against anyone or adversely reflect upon the race,color,ancestry,religious creed,national origin,
political affiliation,disability,sex,or marital status of any person are out of order and may end the speaker’s privilege to
address the Board.
Defamatory or abusive remarks or profanity are out of order and will not be tolerated.
Anyone attending Town Board meetings must sign in to ensure accurate records and minutes.Sign your name,address,and email
on the sign in sheet. Thank you for your cooperation.
NAME PHYSICAL ADDRESS EMAIL
NAME PHYSICAL ADDRESS EMAIL
CORNERSTONE
ATTAINABLE HOUSING
PLAN AUDIT
December 2021
Page 1
INTRODUCTION & BACKGROUND
This Attainable Housing Audit produced by Cornerstone Winter Park Holdings, LLC
(“Cornerstone”) is in accordance with the Housing Plan approved by the Town of Fraser
(“Fraser”) utilizing data from Grand Park and an estimate of Rendezvous construction
based on a 2019 report provided by Fraser and estimating new home construction since that
time in Rendezvous. This report can be updated if year-end home construction numbers are
available and provided from the Town of Fraser.
Pursuant to the Amended and Restated Annexation Agreement for the Rendezvous
Property, Cornerstone provided Fraser with an Attainable Housing Plan that was approved
by the Town of Fraser Board of Trustees on April 20, 2005, pursuant to the Town of Fraser
Resolution No. 06-02-07 adopted on June 20, 2007 (“Housing Plan”) attached hereto as
Exhibit A.
The Housing Plan sets forth the manner Fraser and Cornerstone shall work together to
provide 144 attainable housing units. The schedule shown in Figure 1 below establishes
the proportionality of 144 attainable units relative to the development of Grand Park and
Rendezvous. Lodging units and commercial square footage entitlements were converted
to a common single-family equivalency utilizing the Meurer & Associates water master
plan for the project to arrive at an overall single-family unit equivalency for the Annexation
Agreement entitlements to derive the ratio of attainable units to other units of .0348:1.
Page 2
Figure 1
CORNERSTONE ATTAINABLE HOUSING PLAN
UNIT PROPORTIONALITY CALCULATION
GRAND PARK
Planning Area Avg. Density
Approx.
Acres
% Total
Area detached attached
Lodging
Units
Commercial
Sq. Ft.
1Wa 6.8 33.6 2.4%230 300 150,000
1Wb 9.3 4.3 0.3%40
2W 10.0 25.1 1.8%250 278 100,000
3Wa 9.8 11.2 0.8%110
3Wb 14.8 5.4 0.4%80
3Wc 5.1 11.7 0.8%60 30,000
4W 11.8 8.5 0.6%100 65,800
5W 5.9 16.9 1.2%100
6W 0.0 4.0 0.3%public site
7W 3.0 88.8 6.4% 45 225
8W 2.8 50.1 3.6% 63 75
9W 3.4 45.5 3.3%153 200 20,000
10W 2.8 42.6 3.1%118 350 30,000
11W 3.5 9.7 0.7% 10 24 150
12W 5.9 15.6 1.1%92
13W 1.6 31.1 2.2% 50
14W 2.4 49.6 3.6% 117
15W*0.5 26.1 1.9% 12
16W*0.9 102.5 7.4% 90
17W*0.6 120.0 8.7% 72
18Wa 0.6 23.2 1.7% 14
18Wb 1.1 42.1 3.0% 47
19W 5.0 35.9 2.6% 86 93
20W 4.6 12.5 0.9%57
21W 2.1 23.6 1.7%50
22W 1.0 80.1 5.8% 80
subtotal 2.8 919.7 66.3%686 1857
23W (golf / os)466.8 33.7%
TOTAL 1386.5 100.0%1278 395,800
RENDEZVOUS
Planning Area Avg. Density
Approx.
Acres
% Total
Area detached attached
Lodging
Units
Commercial
Sq. Ft.
East Mountain Filing 1 0.8 129.5 29.2% 110
4E 136.95 30.9%
East Mountain- Filing 2
(6E)3.6 44.9 10.1% 131 32
7E 4.1 22.6 5.1% 41 52
9E 8.0 19.9 4.5%160
11E 6.3 9.6 2.2% 60
12E 5.9 9.75 2.2%58 29,200
13E 14.0 4.3 1.0%60 130 15,000
14E 16.0 5.0 1.1%80 20,000
Linear Park 60.3 13.6%
Cozens Museum 0.5 0.1%
SUBTOTAL 342 442
TOTAL 443.3 100.0%130 64,200
C o mbined Density Totals 1,830 1,408 460,000
Single Family Equivalent of commercial and lodging unit entitlements 352 460
Residential Entitlements 3,327
Lodging Unit Equivalent (.25 per lodge unit)352 Calculated Using Meurer Master Plan EQRs per unit
Commercial Equivalent (1 per 1,000 s.f)460 Calculated Using Meurer Master Plan EQRs per unit
Units for Proportional Attainable Dev.4,139
Attainable Units 144
Attainable Unit proportionality 0.0348 per unit developed
3,327
Residential
2543
Residential
784
The Certificate of Occupancy issuance and building permit issuance data for development
completed and under construction to date at Grand Park as well as Rendezvous estimated
home completion was incorporated in the schedule shown in Figure 2 below. This
schedule establishes the attainable units which are in proportion to the developed units
utilizing the ratio derived by the schedule in Figure 1 of 0.0348:1.
Page 3
Figure 2
CORNERSTONE ATTAINABLE HOUSING PLAN
Entitlements Realized based on Certificte of Occupancy Issuance & Builidng Permits for Grand Park
Estimated entitlements realized at Rendezvous
Annexation Agreement Project
Residential Units
detached & attached
Lodging
Units
Commercial
Sq. Ft.
Grand Park (Actual Complete and/or permitted)330 0 9,497
Rendezvous (Est.)300 0 6,981
TOTAL 630 0 16,478
Above represents January 2019 Counts
Residential Units (GP Actual & Permitted, Rend. Est.)630
Lodging Unit Equivalent (.25 per lodge unit)0
Commercial Equivalent (1 per 1,000 s.f)16.48
Developed Units 646
Attainable Unit Ratio 0.0348
Attainable Units to meet Proportionality 22.49
This schedule indicates 22.49 attainable units at year end 2021 are required to meet the
proportionality provisions of the Housing Plan. This is based on completed construction
and building permit issuance for homes under construction in Grand Park and Rendezvous.
The unit count for Rendezvous is estimated based on 2019 numbers provided by the Town
of Fraser with an estimated increase. Actual year end 2021 Certificate of Occupancy data
could be provided from Fraser and the exact unit count in the schedule above can be
updated.
As of December 31, 2021, Cornerstone exceeds the required attainable units
proportionality by 16 units by providing units to residents living and working in the Fraser
Valley meeting the Housing Plan requirements.
As a part of the Housing Plan, Cornerstone is currently constructing the Mill Apartments at
Byers Peak Ranch, a 40-year deed restricted workforce housing project limited to rents
ranging from 20% to 80% of the Grand County Median Income. This project is projected
to be completed in 2022 and will include 58,412 sf of heated apartment square footage
containing 108 bedrooms and 96 bathrooms in sixty 1, 2, and 3 bedroom apartments, plus a
clubhouse.
Cornerstone recognizes the importance of workforce housing in our small resort
community and believes workforce housing belongs within walking and/or biking distance
to the businesses, recreation and town amenities. Cornerstone continues to develop plans
for more long-term rental housing, and it will continue to urge other businesses and
developers to include a component of housing for the community’s workforce with each
new project.
Page 4
Figure 3 below includes a schedule that calculates attainable housing units Provided by
Cornerstone in accordance with the Housing Plan in 2021.
Figure 3
CORNERSTONE ATTAINABLE HOUSING PLAN
Attainable Housing Units Provided or Under Construction in 2021
Property Location Type
Total Square
Footage
Heated
Livable
Square
Footage Bedrooms Bathrooms
No. of
Units
105 Carriage Road, Fraser Single Family 4,188 2,680 5 3.5 5.36
601 S Zerex St, Fraser Apt 1 Apartment 1,116 1,116 2 2.0 1.00
601 S Zerex St, Fraser Apt 2 Apartment 871 871 2 2.0 1.00
337 Elk Ranch Rd., Fraser Single Family 2,946 2,439 4 4.0 4.88
341 Elk Ranch Rd., Fraser Single Family 2,946 2,439 4 4.0 4.88
347 Elk Ranch Rd., Fraser Single Family 2,946 2,439 4 4.0 4.88
Elk Creek Subdivision, Fraser SF Lots (5)7.50
Elk Creek - Meyer Lot 2, Fraser SF Lots (6)9.00
SUB TOTAL EXISTING CURRENT 15,013 11,984 21 19.5 38.49
UNDER CONSTRUCTION Type
Total Square
Footage
Heated
Livable
Square
Footage Bedrooms Bathrooms
No. of
Units
Mill Apartments - 204 Saddlehorn Drive, Fraser Apartment 34,176 28,712 60 48.0 24.00
Mill Apartments - 197 Saddlehorn Drive, Fraser Apartment 37,908 29,700 48 48.0 36.00
S UB TOTAL UNDER CONSTRUCTION 72,084 58,412 108 96 60.00
TOTAL ATTAINABLE HOUSING EXISTING
& UNDER CONSTRUCTION 87,097 70,396 129 115.5 98.49
More specific details of the currently provided Attainable Housing Units are below:
1. 105 Carriage Road, Fraser, Colorado –5 bedrooms and 3.5 baths in 4,188 s.f. of
space. The combined heated living area of the two units is 2,680 s.f. This single-
family home qualifies as 5.36 units.
2. 5 Deed restricted single family lots designated as Attainable Housing lots in the Elk
Creek Filing 3 subdivision. The attainable housing units equivalency for these 5
single family vacant lots equals 7.5 units.
3.Deed restricted single family lots designated as attainable housing lots on a portion
of Meyer lot 2 subdivision pending final plat approval. The attainable housing units
equivalency for these 6 single family vacant lots equals 9 units.
4. 337 Elk Ranch Rd, Fraser, Colorado – 4 bedroom 4 baths in 2,439 heated livable
square footage. This single-family home qualifies as 4.88 units.
5. 341 Elk Ranch Rd, Fraser, Colorado – 4 bedroom 4 baths in 2,439 heated livable
square footage. This single-family home qualifies as 4.88 units.
6. 347 Elk Ranch Rd, Fraser, Colorado – 4 bedroom 4 baths in 2,439 heated livable
square footage. This single-family home qualifies as 4.88 units.
7. 601 S Zerex St, Fraser, Colorado Apartment 1 – 2 bedroom 2 baths in 1,116 heated
livable square footage. This apartment qualifies as 1 unit and was completed in
March of 2020.
8. 601 S Zerex St, Fraser, Colorado Apartment 2 – 2 bedroom 2 baths in 786 heated
livable square footage. This apartment qualifies as 1 unit and was completed in
Page 5
March of 2020.
Cornerstone has been working diligently to design, evaluate, and construct various
attainable housing plans, including the following: 1. Under Construction 60 unit deed
restricted apartment housing project; 2. Eleven additional homes to be located in Elk Creek
Filing 3 on deed restricted lots and a portion of Meyer Lot 2; 3. Another 60 unit apartment
project at Byers Peak Ranch in addition to the Mill Apartments; and the employee village
concept at Grand Park. All of these projects are in various design development, financial
evaluation and construction stages.
Unfortunately, after a 2-year effort by Cornerstone and multiple denials by Fraser the 204-
unit HUD apartment complex on planning area 2W was terminated.
Cornerstone, at its Grand Park project, has been developing homes that work well for the
second homeowner but also accommodate the full-time resident. The development
program at Grand Park is one that melds full-time residents with second home residents
seamlessly due to the development plans, product designs, and price points. This makes for
vibrant, fun, social neighborhoods that also help to increase economic development activity
in the area.
Today, there are more full-time families living in Grand Park that live and work in our
community than any other time in the past. Absent from this audit are these many homes
constructed at Grand Park that meet the Housing Plan requirements. Grand Park is a
community comprised of both full time and second home residents. It is Cornerstone’s
intention to grow this trend for the near future, but efforts for new development require
cooperation and efficiency through the development process.
The Housing Plan specifically provides that sufficient demand for housing must exist prior
to commencing development, and our studies indicate the demand is there, but the financial
viability is not. Cornerstone’s design work and ongoing evaluation of various projects is
indicative of its commitment to finding products and projects that have sufficient demand
and are financially justifiable to commence development. Workforce housing needs have
existed in Fraser since the late 1970’s. Today, the viability of constructing workforce
housing is challenged by ever growing entitlement, construction, and time delay costs that
result in a significant funding gap relative to rental rates, sales prices and the Grand County
median income levels.
The Housing Plan also provides that Fraser will consider incentive programs, modified
development standards, and other regulatory approaches to facilitate attainable housing
costs, in addition to assisting with the involvement of other jurisdictions. Cornerstone has
proceeded with attainable housing projects without Fraser’s recognition of this provision
making Cornerstone the only private company in Grand County currently constructing
large scale workforce attainable housing.
Cornerstone’s attainable housing mission acknowledges the societal responsibility to foster
housing affordability, to create an environment that preserves and produces affordable
homes for all residents, and to develop resources to fill the void between production costs
and housing consumers’ abilities to pay. While Cornerstone will have satisfied and
exceeded the attainable housing requirements of the Housing Plan, a key element to the
success of the businesses that exists in our community is a stable and reliable work force
Page 6
close to those businesses. Cornerstone hopes Fraser will recognize it can do a lot more by
regulatory modifications and incentives at no costs to the community to assist with and
encourage development of attainable workforce housing in the upper Fraser Valley where it
belongs.
Cornerstone appreciates the vocal encouragement Fraser provides for development of
attainable workforce housing; however, more action is needed by Fraser to address its
regulations, permitting costs, time delays, and utility costs that are barriers to affordable
home construction. There has been a lot of talk about affordable housing by many of
Fraser’s board members; however there has been no actual housing created or supported by
the Town of Fraser. Every project Cornerstone has constructed or is currently constructing
has been faced with significant opposition by some Fraser board members and staff.
Fraser’s cooperation, input, ideas, and assistance are needed to build the attainable
workforce housing this community needs which will in turn help to foster economic and
business development in our community.
TOWN OF FRASER RESOLUTION NO. 06-02-07 A RESOLUTION APPROVING CORNERSTONE'S ATTAINABLE HOUSING PLAN.
WHEREAS, the Cornerstone Attainable Housing Plan is submitted in accordance with section
4.7 of the annexation agreement to fulfill the requirement of the agreement, which calls for the
provision of 144 attainable housing units.
WHEREAS, on April 20, 2005 the Fraser Board of Trustees approved Cornerstone's Attainable
Housing Plan (Exhibit "A") as required by the Amended and Restated Annexation Agreement for
the Rendezvous Property, dated June 4, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT ON APRIL 20, 2005 (ATTACHED AS EXHIBIT A)
FRASER APPROVED CORNERSTONE'S ATTAINABLE HOUSING PLAN PURSUANT TO
SECTION 4.7 OF THE AN NEXATION AGREEMENT.
DULY MOVED, SECONDED, AND ADOPTED THIS 20th DAY JUNE OF 2007.B�OFF'.:0
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Co1.0RP..'vo
Attest:� {3;;;:_q QA
Lu Berger, Town Clerf
TOWN OF FRASER
By: ��M
Fran Cook, MayorG:\users\Board\Resolutions\2007\06-02-07 GPattainable housing.DOC 7 EXHIBIT A
CORNERSTONE Attainable Housing Plan April 20, 2005
Corn erstone Attainable Housing Plan
1.0 Summary
This report presents the Attainable (Work Force) Housing Plan as required by the Amended and Restated
Annexation Agreement for the Rendezvous Property, dated June 4, 2003. It is submitted in accordance with section 4.7 of the anne xation agreement to fulfill the requirements of the agreement, which call for
the provision of 144 attainable housing units. In preparing the Work Force Housing Plan, Cornerstone
Winter Park Holdings, LLC ("Cornerstone") reviewed the Town of Fraser's current housing needs and Grand County market conditions with the assistance of RRC Associates. RRC's experience with
attainable housing in Colorado and its familiarity with Grand County's population and demographic trends
include assisting in the preparation of the Grand County Housing Needs Assessment conducted in 2000/2001. The preparation of the Cornerstone Plan included analysis of the Grand County Housing
Needs Assessment (2001 ), 2000 Census information, Grand County Assessor records and current MLS
listings; and meeting with representatives of the Grand County Housing Authority, the Fraser Work Force Housing Committee, and the Town of Fraser
2.0 Cornerstone Attainable Housing Plan
The plan is based on the current Town requirement, and it is understood that Cornerstone and
Rendezvous are not subject to other, future changes in regulations of the Town or extra
jurisdictions in the form of levy's, impact fees, or other controls that could impact their
properties. It is understood that sufficient demand for the housing must exist prior to
commencing development and that the plan may be revised upon agreement of the Town of Fraser and Cornerstone.
2.1 Plan Definitions and Elements
The Housing Plan is based on the following definitions, standards and definitions:
1.lnclusionary Housing Definition.
This plan is designed to address the workforce housing need related to the
Cornerstone and Rendezvous properties as identified in the Rendezvous PDD,
approved June 2003. Cornerstone is responsible for fulfilling the requirement for both
properties by providing attainable housing on the Cornerstone property, or on sitesidentified by Cornerstone within the Fraser Valley. This allows for a tie betweendevelopment on the Cornerstone property and the provision of work force housing.
2.Attainable Housing Definition.
Based on the definition in Section 2.1.2 of the 2003 Amended and Restated
Annexation Agreement, attainable housing is defined as "dwelling units or theirequivalent intended to be purchased and/or rented by Fraser Valley residents that
meet certain asset, income and employment guidelines".
3.Resident Criteria.
The housing is intended for the permanent work force employed in the Fraser Valley,and the occupant must meet the following guidelines:
a)Primary homeb)May not own other developed residential property in Grand County
c)Attend home-buyer's classd)Housing and qualified improvements appreciation will be deed restricted
e)Work in Fraser Valley eight months/year
1
Cornerstone Attainable Housing Plan
4.Incentives.
As the cost of providing attainable housing is impacted by development standards
and development fees, the Town of Fraser agrees to consider incentive programs,
modified development standards, and other regulatory approaches to facilitate
attainable housing costs. Town of Fraser also agrees to assist Cornerstone with the
involvement of other jurisdictions.
5.Partnerships and Flexibility.
Cornerstone may seek partnerships with public and private sector entities to develop
work force housing.
6.Equivalency Standards.
The residential equivalency for attainable housing will be accounted for as follows:
Housing Type
Accessory Unit (450sf)
Single family lot
Single family dwelling unit: 750sf or less
Single family dwelling unit: greater than 750sf
Multi-family Rental unit
Multi-family ownership unit: SOOsf or less
Multi-family ownership unit: greater than SOOsf
7.Administration.
Equivalency
1 unit
1.5 units
1.5 units
1.5 units + .002 unit/sf over 750sf
1.0 unit
1.0 unit
1.0 units+ .002 unit/sf over 500sf
The Grand County Housing Authority will review resident qualification and administer
the deed restriction programs.
An annual audit will be provided to the Town by Cornerstone on or before October 31
of each year.
Development Proposal -Elk Creek Neighborhood
Cornerstone proposes to develop an initial attainable housing project in a traditional neighborhood with an
integrated plan of attainable and market priced housing consisting of single family and multi-family
residential.
The proposed project is located along Elk Creek near Count Road 72 im mediately adjacent to the existing
developed portion of the Town of Fraser. Within walking distance of existing commercial and transportation services the neighborhood is designed with a traditional layout of single-family detached
lots and multi-family housing reflecting the pattern of 'old' Fraser. This pattern will help foster 'connectivity'
and a sense of neighborliness along Elk Creek with convenient roadway and trail access.
Architectural guidelines will provide a simple but consistent framework promoting a 'mountain meadow'
cottage character emphasizing porches; setback and detached garages; gabled roof forms with dormers; and a palette of traditional materials and colors.
The plan as proposed contains a minimum of 15 attainable multi-family (town home and/or apartment)
residences and 34 attainable single-family lots -which can be provided as lots for owner constructed;
builder constructed and developer constructed residences. Development of the Elk Creek neighborhood
would commence upon reservation/contracting 50% of the affordable housing and/or land product.
2
From:noreply@civicplus.com
To:Antoinette McVeigh
Subject:Online Form Submittal: Committee Application
Date:Tuesday, May 10, 2022 12:42:17 PM
Committee Application
First Name Tara Rose
Last Name Hendricks
Address 233 W Eisenhower (PO Box 931)
City Fraser
State CO
Zip Code 80442
Phone Number 808344-1531
Email Address hendricks.tara@gmail.com
Committee applying for Public Arts Committee
What interests you about
serving on this committee?
I have enjoyed my time on the committee and would like to
continue
Why should the Town
Board consider you for
appointment/reappointment
to this committee?
I am an active participant and take on duties outside of
meetings
What relevant experience,
skills, and/or talents do you
feel would help you be a
contributing member to this
committee?
I have a lot of connections in the live music scene to help
add more live music to events.
What additional skills,
knowledge, and/or
experience would you feel
could help you be a better
committee member?
I have been a full time resident in the community for over 13
years so I have a good understanding of the culture here
What do/would you enjoy
most about serving on this
committee?
I love being involved in town events and promoting arts in
our community
What do/would you enjoy
least about serving on this
committee?
Having to re-apply to stay on the committee ;)
What is the purpose of the
committee?
To support multiple forms of art in our community to put
Fraser in the lead as the arts and cultural hub of the county
What are the goals of the
committee?
Bring more art to town!
Electronic Signature
Agreement
I agree.
Electronic Signature Field not completed.
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From:noreply@civicplus.com
To:Michael Brack; Antoinette McVeigh; Ed Cannon
Subject:Online Form Submittal: Fraser River Valley Housing Partnership Board Application
Date:Monday, May 16, 2022 9:18:17 AM
Fraser River Valley Housing Partnership Board Application
First Name Janae
Last Name Champlin
Physical Address Fraser, CO 80442
Mailing Address PO Box 30
City Winter Park
State Co
Zip Code 80482
Email Address janae.champlin@yahoo.com
Phone Number
What interests you
about serving on the
board of the Fraser
River Valley Housing
Partnership?
I am a young professional working in the Fraser Valley. I am very
fortunate to be renting from the same landlord for the past two
years. However, I have seen countless friends be either on the
verge of homeless or sleeping in their cars or temporality on my
couch. I desperately see the need for housing in our valley. I live
it every June as I wait for my landlord to either decide to keep me
as his tenet or raise my rent.
Why should the Town
Board consider you for
appointment to this
board?
Housing is a rising issue I'm super passionate about. I'll loved to
be considered for this position and provide any input I can to help
with this problem.
What relevant
experience, skills,
and/or talents do you
feel would help you be
a contributing member
to this board? What
other, if any, civic
organizations are/were
you involved in and
what are/were your
accomplishments?
My degree is in Hospitality Management with an emphasis in
event planning and travel and tourism. I was an intern that the
YMCA (Snow Mountain Ranch), a server the the Winter Park
Pub, and now an office manager for Grand Park Development.
With these three jobs in particular I have seen the impacts of
tourism and personally felt the weight of being short staffed and
over worked. I have seen many collogues leave the Fraser Valley
due to lack of housing. During COVID-19 in 2020 I sought out the
HR team at the YMCA due to the lack of compensation that most
of the seasonal staff was experiencing. I spoke with programs
directors, general managers, and human recourses from both
Snow Mountain and Estes Park. Together we were able to find a
better solution for pay, room, and board. You may use Mary Ann
Degginger as a reference for this, her number is
Why do you think you
would be a good fit to
serve as a member of
the board?
I'm a fresh face to Fraser, a new generation. I know that I can't
have the same opinion as everyone in their mid twenties that's
trying to live here, however I can provide an my opinion on the
rising issue given that I am personally experiencing it. I want to
make it known that I am not applying for this position due to
influence of my current employer. I personally want to see a
solution in this valley. I love it here, it's my home. And I know that
change can be hard for those who have had the privilege to be
here longer than me. However change is inevitable, and I want
my generation and ones after me to feel welcomed, seen and
valued to be a member of this community. It all starts with
providing a roof over their head.
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From:noreply@civicplus.com
To:Michael Brack; Antoinette McVeigh; Ed Cannon
Subject:Online Form Submittal: Fraser River Valley Housing Partnership Board Application
Date:Friday, May 13, 2022 1:41:33 PM
Fraser River Valley Housing Partnership Board Application
First Name Jean
Last Name Wolter
Physical Address
Mailing Address PO Box 266
City Fraser
State CO
Zip Code 80442
Email Address jeankwolter@gmail.com
Phone Number
What interests you
about serving on the
board of the Fraser
River Valley Housing
Partnership?
Affordable housing has always been lacking in our resort
community and the need has reached a critical threshold. Our
towns are loosing their local character with the increasing decline
in workforce housing as the limited number of available
properties in our valley become second homes and short-term
rentals. I am passionate about serving on The Fraser Valley
Housing Partnership because the board poses a new and unique
opportunity for our local municipal entities to work together as a
group to promote and sustain affordable housing solutions
throughout the county.
Why should the Town
Board consider you for
appointment to this
board?
I am passionate about the need for work force/affordable housing
in our community. I am a hard worker and enjoy giving back to
my community. Since my term ended in April with the Fraser
planning commission I am excited about the opportunity to serve
on this board to make a difference in addressing the critical
housing issue in our county.
I feel the next 6 months with be crucial for the board in educating
the public about the benefits of the increased mill levy so the vote
will past. I want to help the board to achieve the task of "getting
the word out"
What relevant
experience, skills,
I served on the Fraser Planning Commission for 12 Years. My
term just ended in April. Of those 12 years I was the chair person
for 6+ years. Accomplishments of Fraser Planning over my
and/or talents do you
feel would help you be
a contributing member
to this board? What
other, if any, civic
organizations are/were
you involved in and
what are/were your
accomplishments?
tenure include updating the Fraser Master Plan, Updating the
Fraser Code, Annexing Byers Peak into the town of Fraser,
which as we all know was unfortunately de-annexed by a vote of
the people a year later. I learned a great deal over my 12-year
tenure about planning, zoning, and land use.
I worked with the Grand County Housing Authority as an
instructor for First Time Home Buyer class from 2008 until 2018.
We meetings once a month to provide information to local buyers
about the process of buying a home and information about down
payment assistants and loan products available to First Time
Buyers.
I've been a Realtor in the Fraser Valley since 1996.
Why do you think you
would be a good fit to
serve as a member of
the board?
I understand that working on a board requires a commitment, a
willingness to listen, collaborate and cooperate. I have a strong
work ethic and my experience and passion for affordable housing
as mentioned above make me a great fit to serve on the board.
This board will help create a legacy for our community for years
to come and I am excited to be a part of making that happen.
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From:noreply@civicplus.com
To:Michael Brack; Antoinette McVeigh; Ed Cannon
Subject:Online Form Submittal: Fraser River Valley Housing Partnership Board Application
Date:Thursday, May 12, 2022 6:32:43 PM
Fraser River Valley Housing Partnership Board Application
First Name Michael
Last Name Johnson
Physical Address
Mailing Address PO Box 856
City Tabernash
State CO
Zip Code 80478
Email Address mike.johnson76@outlook.com
Phone Number
What interests you
about serving on the
board of the Fraser
River Valley Housing
Partnership?
I am interested in using my experience as a public finance legal
expert, as a public official and as a current and former board
member of several governmental and nonprofit organizations to
help the Grand County community solve the shortage of
affordable workforce housing.
Why should the Town
Board consider you for
appointment to this
board?
I have direct, relevant experience and expertise in affordable
workforce housing, in providing housing to members of the US
military and in organizing and operating multi-jurisdictional
governmental authorities like the Partnership in Colorado
mountain resort communities that will be valuable to the
Partnership, including:
Colorado Middle Income Housing Authority (a/k/a Colorado
Workforce Housing Trust Authority): I am the principal architect
of the legal structure for and, together with Legislative Legal
Services, the principal drafter of SB 22-232, which was passed
by the Colorado legislature on May 11, 2022 and is pending
signature by the Governor (with assurances that he will sign). SB
22-232 creates a new state authority, the Colorado Middle-
Income Housing Authority, and appropriates $1 million to the
Authority for the purpose of financing, developing, owning,
constructing and operating housing for members of the Colorado
workforce who earn between 80% and 120% of area median
income (AMI), increasing to 140% of AMI in Grand County and
other rural resort counties and higher where justified by local
housing market conditions (which I assume is the case in Grand
County).
My experience with SB 22-232 will be valuable to the Fraser
River Valley Housing Partnership because the Partnership will
need to solve many of the same state, federal and local legal and
financial issues that I analyzed and solved for SB 22-232,
including TABOR and other Colorado legal issues, federal tax
and fair housing issues and Colorado local government and
intergovernmental cooperation issues.
Military Housing: I served as lender’s counsel for 66 transactions
aggregating in excess of $7.8 billion that financed over 50,000
units of housing for members of the US military. I served as
lender’s counsel on so many military housing transactions
because I was the principal architect of a unique legal and
financial structure that allowed my client to provide financing at a
lower cost and on other terms more favorable to the federal
government than the financing offered by other potential lenders.
My experience with military housing will be valuable to the Fraser
River Valley Housing Partnership because the Partnership will
need to solve many of the same federal, state and local legal and
financial issues that I analyzed and solved for the military
housing transactions, which were financed, owned and operated
under a federal program that is quite similar to the program that
the Fraser River Valley Housing Partnership will likely use to
finance, own and operate its housing – public ownership of real
estate, contracts with third-party developers and housing
managers and bonds payable primarily from rents and other
revenues from housing, supplemented under certain
circumstances by governmental funding – in the case of the
Partnership, pending the future identification of the source of and
conditions on the governmental funding.
Roaring Fork Transportation Authority: I served as legal counsel
to the local governments in the Roaring Fork Valley in connection
with the organization of the Roaring Fork Transportation
Authority and, until I retired from my law firm at the end of 2019,
as bond counsel to the Authority for all its financings. I wrote the
legislation authorizing the creation of the Authority, negotiated
and drafted the intergovernmental agreement under which the
Authority was formed and operates and drafted the several ballot
questions for, and advised the Authority and the local
governments on, the elections that authorized the funding for the
Authority. The organization of the Roaring Fork Transportation
Authority was complex because it required agreement by all the
local governments in the Roaring Fork Valley and voter approval
of a series of ballot questions authorizing a different sales tax
percentage in each jurisdiction. Financings by the Authority are
complex because they are payable from the differing sale taxes
authorized in those elections, other pre-existing sales taxes and
other local revenues.
My experience with the Roaring Fork Transportation Authority will
be valuable to the Fraser River Valley Housing Partnership
because the Partnership will need to solve many of the same
federal, state and local legal and financial issues that I analyzed
and solved for the Roaring Fork Transportation because the
Partnership, like the Roaring Fork Transportation Authority, is
formed under an intergovernmental agreement among Colorado
local governments entered into pursuant to a state statute (the
Multi-Jurisdictional Housing Authority statute for the Partnership;
the Regional Transportation Authority Act for the Roaring Fork
Transportation Authority); the Partnership, like the Authority, may
decide to seek voter approval for sales taxes or other long-term
public funding and, like the Authority, may want that funding to
differ from jurisdiction to jurisdiction; and financings of the
Partnership, like the Authority, may be payable from a mixture of
voter-approved sales taxes and other funding sources.
What relevant
experience, skills,
and/or talents do you
feel would help you be
a contributing member
to this board? What
other, if any, civic
organizations are/were
you involved in and
what are/were your
accomplishments?
In addition to the experience described in my answer to the
preceding question, I believe the experience, skills and talents
developed in my 45 years as a public finance attorney and in my
community activities and my employment and education will help
me be a contributing member of the board of the Partnership.
Public finance experience overview: 45 years experience
providing public finance legal services to state and local
governments, nonprofit organizations, financial institutions and
other businesses in connection with a wide variety of public and
public-private projects. 43 years as a partner (in early years, an
associate) in two major Denver law firms (Kutak Rock LLP and
Davis, Graham & Stubbs). Last two years, consulting on my own
on public finance issues. My clients include the Colorado State
Treasurer, the Colorado Department of Transportation, the E-470
and Northwest Parkway Public Highway Authorities, the
developer of the Regional Transportation District’s rail projects,
the Roaring Fork Transportation Authority, Denver Public
Schools, the lender for over 50,000 units of privatized military
housing on military bases throughout the United States, the State
of Wyoming, the Colorado Department of Labor and
Employment, the Colorado Department of Personnel and
Administration, the Colorado Department of Corrections, the
Colorado Housing and Finance Authority, Boulder, Pueblo,
Larimer and Pitkin Counties, the City of Aspen and a variety of
other Colorado cities, counties, school districts and authorities.
I am an acknowledged expert on the Taxpayer’s Bill of Rights
TABOR) and served as counsel to the State of Colorado,
Colorado local governments and bondholders in many of the
major cases applying TABOR to public finance, including Bickel,
et al. v. City of Boulder, Boulder Valley School District and
Boulder County, 885 P.2d 215 (Colo. 1994); Boulder County v.
Dougherty, Dawkins, Strand & Bigelow Incorporated, 890 P.2d
199 (Colo. App. 1994); Bolt, et al. v. Arapahoe County School
District Number Six a/k/a Littleton Public Schools, et al., 898 P.2d
525 (Colo. 1995); Nicholl v. E-470 Public Highway Authority, et
al., 896 P.2d 859 (Colo. 1995); In re Interrogatories on House Bill
99-1325, 979 P.2d 549 (Colo. 1999); and Mesa County Bd. of
County Comm’rs v. State of Colorado, 203 P.3d 519 (Colo.
2009).
Community involvement: I currently serve as a Trustee and
member of the Finance Committee of the Grand County Library
District; as a member, appointed by Speakers of the House K.C.
Becker and Alec Garnett, of the State Pension Review
Subcommittee, which studies and makes recommendations to
the Colorado legislature regarding the State Public Employees
Retirement Association (PERA); and as a member of the board
and director of downhill skiing for the Winter Park Skimeisters.
I previously served as an elected board member, Treasurer and
Chair of the Finance Committee of Denver Public Schools; as a
board member of the Colorado Association of School Boards
CASB); as a member of the Governor’s Emergency Council for
Economic Stabilization and Growth (in response to COVID19
pandemic); as a member of the Denver Metro Chamber of
Commerce’s State Pension (PERA) Study Group; as a member
of the board of directors of a variety of nonprofit organizations in
the education and senior living fields; as president of my
neighborhood organization; and as chair of the governing
committee of my children’s school.
Employment: partner, Kutak Rock LLP 1992-2019; partner,
Davis, Graham & Stubbs 1982-1992; associate attorney 1976-
1982; self-employed consultant 2020-present.
Education: Georgetown Law School, J.D. 1976; University of
Iowa, B.G.S. 1973.
Why do you think you
would be a good fit to
serve as a member of
the board?
I am a permanent resident and active member of the Grand
County community; through my work at the state level, my work
with Colorado local governments and my involvement in the
Grand County community, I understand the workforce housing
demands and needs in the community and how workforce
housing projects can fulfill those needs; I have extensive
experience working collaboratively with others on boards of
directors to guide projects and agreements forward; and I have
extensive experience serving as a spokesperson for community
projects that I can draw on in serving as a spokesperson for
solutions to the workforce housing shortage in Grand County.
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From:noreply@civicplus.com
To:Michael Brack; Antoinette McVeigh; Ed Cannon
Subject:Online Form Submittal: Fraser River Valley Housing Partnership Board Application
Date:Friday, May 13, 2022 1:30:12 PM
Fraser River Valley Housing Partnership Board Application
First Name Skylar
Last Name Marshall
Physical Address Fraser
Mailing Address PO BOX 2061
City Winter Park
State CO
Zip Code 80482
Email Address skylar@rewinterpark.com
Phone Number
What interests you
about serving on the
board of the Fraser
River Valley Housing
Partnership?
I am passionate not only about my community and the health of
our economy, but the locals that make this community so special
in the first place. Our workforce employees are what keep the
towns and businesses running and should be made a priority. I
want to be able to make living here a stress-free experience for
our workforce so they are able to enjoy the sheer beauty and
amazing perks of living in Grand County.
Why should the Town
Board consider you for
appointment to this
board?
Being in real estate I have a good grasp on the housing market
and believe I can be an asset to the board when discussing
market trends and statistics. The housing crisis is close to my
heart because I have watched friends and valuable colleagues
either consider moving or have moved out of the county due to
lack of housing and cost of living. We can’t afford to lose any
employee especially ones within the school system.
What relevant
experience, skills,
and/or talents do you
feel would help you be
a contributing member
to this board? What
other, if any, civic
organizations are/were
you involved in and
I have had experience in being a first-time home buyer in this
market both personally and professionally. When I purchased my
home last year I was fortunate to qualify for the Grand
Foundation’s down payment assistance grant. Not only have I
gone through this process first hand, I was able to help two local
couples become Grand County homeowners through the
Housing Authority DPA program alongside the Grand
Foundation’s DPA grant.
what are/were your
accomplishments?
Why do you think you
would be a good fit to
serve as a member of
the board?
I know I will be a good fit for this board because I am able to
work creatively and effectively as a team player to collaborate
solutions, systems and programs to make this Housing Authority
beneficial for all county residents. I have always been driven to
help others and would like to be able to make an impact on my
community.
I have submitted to the County and WP.
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Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
MEMO TO:Mayor Vandernail and the Board of Trustees
FROM:Ed Cannon, Town Manager
DATE:May 18, 2022
SUBJECT:Colorado Paid Family and Medical Leave Insurance Act (FAMLI)
MATTER BEFORE BOARD:
Non-participation option for FAMLI
BACKGROUND:
Proposition 118, passed in November of 2020, created the Colorado Paid Family and Medical
Leave Insurance Act (“FAMLI” or “Act”). FAMLI requires all employers and employees in
Colorado to pay a payroll premium to finance paid family and medical leave insurance benefits
beginning January 1, 2023.
The Act allows eligible employees up to 12 weeks of paid family and medical leave insurance
benefits annually beginning January 1, 2024 and creates job protections for employees who
take paid family and medical leave.
Participation is mandatory for local governments unless the elected board or council formally
votes to decline participation FAMLI, (“Opt Out”), by July 1, 2022.
A copy of the Paid Family and Medical Leave Insurance Act and a CML Knowledge Now
overview is included as attachments to this report.
FINANCIAL CONSIDERATIONS:
FAMLI requires employers and employees to split premium costs. The premium is based on
0.90% of taxable wages per employee for the first two years. Beginning in 2025, the program
director can set the premium to up to 1.2% of an employee’s taxable wages.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
The following table shows Fraser’s bi-weekly and annual premium scenarios beginning in 2023:
Weekly and Annual FAMLI Premium Scenarios for 2023
Bi-Weekly
Wages
Employer
Bi-Weekly
Premium
Employee
Bi-Weekly
Premium
Annual
Wages
Employer
Annual
Premium
Employee
Annual
Premium
$500 $2.25 $2.25 $26,000 $117 $117
$1,000 $4.50 $4.50 $52,000 $234 $234
$1,500 $6.75 $6.75 $78,000 $351 $351
$2,000 $9.00 $9.00 $104,000 $468 $468
$3,000 $13.50 $13.50 $156,000 $702 $702
Based on 2023 payroll estimates, the total annual premium cost estimate for the Town
contribution in 2023 will be $10,256, which represented 0.45% of total payroll costs. The bi-
weekly premium cost for each employee will range between $7.50 and $29.01.
A survey of 44 Colorado municipalities shows that only 3 municipalities are considering opting
into the state mandated FAMLI program, 19 are considering opting out, 5 have already opted
out, and the remaining 17 are still undecided.
On April 20, we held an all-staff meeting to discuss FAMLI and Fraser’s current PSLB policy.
Staff indicated a desire for the Town to opt-out of FAMLI and restructure its PTO policy to offer
better protections for sick leave.
SUGGESTED ALTERNATIVE TO FAMLI:
Fraser can offer similar levels of benefits to its employees without cost to either the Town or the
employee.
The Fraser Personnel Policy Handbook (PPH) allows full-time employees to accrue Paid Time
Off (PTO). PTO is for employees to do with as they desire or need. For example, PTO may be
used to take time off for vacations, sickness, family illness, personal matters, or for any other
reason.
According to Fraser’s PPH, “employees should use good judgment when utilizing PTO.
Obviously, if an employee uses all of their accrued PTO for vacation and leisure time and an
illness strikes, no accrued PTO will be available for the absence. Employees are urged to use
PTO to ensure a good personal balance between leisure time-off and for those unexpected
absences that affect us all.”
The PPH allows employees to carry over PTO hours under certain conditions, and excess hours
can also accumulate in a Personal Sick Leave Balance (PSLB) as follows:
“Up to 80 hours of PTO accrued, but not used at the end of the fiscal year, will be
carried over to the following fiscal year for use as PTO by the employee. The Town
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Manager may authorize additional carryover in special circumstances. Requests for
additional carryover must be provided in writing, specify the purpose of the carryover,
and detail when the PTO will be utilized. All accrued, unused PTO in excess of 80
hours will be converted on a 1:1 basis to Personal Sick Leave Bank (PSLB) hours at
the end of the fiscal year” (emphasis added).
There are a couple of problems with Fraser’s PSLB policy. First, any employee with a PSLB
balance must use up to 3 days of PTO before their PSLB benefits kick in. Second, PSLB
accrual requires an employee to carry over MORE than 80 hours accrued but unused PTO
hours at the end of the fiscal year. This opportunity is difficult for Fraser employees to achieve
because it would require the employee to either limit their PTO to create sufficient carryover, or
by building enough tenure with the Town so that their PTO accrual allows a moderate level of
PTO plus carryover.
Examples:
1.A new Fraser employee earns 104 hours of PTO the first year. If they do not take PTO
during the year, they can carry over 80 hours of PTO to the following year, and the
additional 24 hours goes into their PSLB. However, if the employee takes PTO, he/she
will reduce or eliminate any hours that would go into their PSLB.
2.A Fraser employee with 7 – 9 years tenure receives 204 hours of PTO each year. If that
employee takes 2 weeks PTO (80 hours) during the course of the year, they will have a
balance of 124 hours at the end of the year. 80 of those hours carry over to the following
year, and 44 hours rolls into their PSLB.
The examples above show that it would take an employee a long time to accumulate sufficient
PSLB to protect them in the event of a medical or family emergency. Currently, Fraser only has
seven (7) employees with a PSBL, and only two of those employees have a balance of more
than 25 hours (both employees have more than 10 years with the Town).
The worst-case scenario would be an employee with a medical or family emergency but does
not have sufficient PTO or PSLB to cover their absence. In this event, the employee would not
be paid, nor would they have protections that their job would still be available to them after an
extended absence.
One solution would be to restructure PTO accumulation into personal leave and sick
leave.
Sick leave would be a standalone accrual that provides time off for illness and other situations.
Employees would accrue sick leave at a constant rate throughout their tenure, and accrual
would be capped at 480 hours (12 weeks). Sick leave can be used for personal illness and to
care for a family member or for parental maternity leave. Sick leave ensures the employee
continues to get paid and preserves the employee’s job the event of an illness.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
There are several advantages to a separate sick leave policy:
1.Employees are less likely to come to work sick
2.Preserves personal leave benefits
3.Allows accumulation of hours to offset an extended illness
Staff is reviewing sick leave/personal leave policies offered by other municipalities and will
present recommendations once that study is complete.
RECOMMENDATION:
Staff recommends the Fraser Town Board “opt-out” of FAMLI.
To opt-out, the governing body must vote via a resolution. Opt-Out also requires pre-vote
notices with special notices provided to employees to allow the opportunity to submit comments
to the Board of Trustees. As mentioned above, an all-staff meeting was held on April 20th and
employees gave overwhelming support to opt-out. A special notice was also issued to
employees via a Bamboo survey on May 12th with a deadline for comments on May 17th. The
results of that survey will be provided to the BOT on June 1st during a Public Hearing. Opting out
also requires the governing body to take testimony before voting.
A formal opt-out vote will be scheduled for the June 15th BOT meeting.
Division of Family and Medical Leave Insurance
633 17th Street, Denver, CO 80202-2107
CDLE_FAMLI_info@state.co.us | famli.colorado.gov
Colorado Paid Family and Medical Leave Insurance Act .
§ 8-13.3-501 et seq., C.R.S.
8-13.3-501. Short title.This part 5 shall be known and may be cited as the "Paid Family and Medical Leave
Insurance Act".
8-13.3-502. Purposes and findings.
The people of the state of Colorado hereby find and declare that:
(1) Workers in Colorado experience a variety of personal and family caregiving obligations, but it can be difficult or
impossible to adequately respond to those needs without access to paid leave.
(2) Access to paid family and medical leave insurance helps employers in Colorado by reducing turnover,
recruiting workers, and promoting a healthy business climate, while also ensuring that smaller employers can
compete with larger employers by providing paid leave benefits to their workers through an affordable insurance
program.
(3) Paid family and medical leave insurance will also provide a necessary safety net for all Colorado workers
when they have personal or family caregiving needs, including low-income workers living paycheck to paycheck
who are disproportionately more likely to lack access to paid leave and least able to afford unpaid leave.
(4) Due to the need to provide paid time off to Colorado workers to address family and medical needs, such as the
arrival of a new child, military family needs, and a personal or a family member's serious health condition,
including the effects of domestic violence and sexual assault, it is necessary to create a statewide paid family and
medical leave insurance enterprise and to authorize the enterprise to:
(a) Collect insurance premiums from employers and employees at rates reasonably calculated to defray
the costs of providing the program's leave benefits to workers; and
(b) Receive and expend revenues generated by the premiums and other moneys, issue revenue bonds
and other obligations, expend revenues generated by the premiums to pay family and medical leave
insurance benefits and associated administrative and program costs, and exercise other powers
necessary and appropriate to carry out its purposes.
(5) The fiscal approach of this part 5 has been informed by the experience of other state family and medical leave
insurance programs, modeling based on the Colorado workforce, and input from a variety of stakeholders in
Colorado.
(6) The creation of a statewide paid family and medical leave insurance enterprise is in the public interest and will
promote the health, safety, and welfare of all Coloradans, while also encouraging an entrepreneurial atmosphere
and economic growth.
Effective December 31, 2020 1
8-13.3-503. Definitions.
As used in this part 5, unless the context otherwise requires:
(1) "Application year" means the 12-month period beginning on the first day of the calendar week in which an
individual files an application for family and medical leave insurance benefits.
(2) "Average weekly wage" means one-thirteenth of the wages paid during the quarter of the covered individual's
base period, as defined in section 8-70-103(2), or alternative base period, as defined in section 8-70-103(1.5), in
which the total wages were highest. For purposes of calculating average weekly wage, wages include, but are not
limited to, salary, wages, tips, commissions, and other compensation as determined by the director by rule.
(3) "Covered individual" means any person who:
(a)
(I) Earned at least $2,500 in wages subject to premiums under this part 5 during the person's
base period, as defined in section 8-70-103(2), or alternative base period, as defined in
section 8-70-103(1.5); or
(II) Elects coverage and meets the requirements of section 8-13.3-514;
(b) Meets the administrative requirements outlined in this part 5 and in regulations; and
(c) Submits an application with a claim for benefits pursuant to section 8-13.3-516(6)(d).
(4) "Director" means the director of the division.
(5) "Division" means the division of family and medical leave insurance created in section 8-13.3-508.
(6) "Domestic violence" means any conduct that constitutes "domestic violence" as set forth in section
18-6-800.3(1) or section 14-10-124(1.3)(a) or "domestic abuse" as set forth in section 13-14-101(2).
(7) "Employee" means any individual, including a migratory laborer, performing labor or services for the benefit of
another, irrespective of whether the common-law relationship of master and servant exists. For the purposes of
this part 5, an individual primarily free from control and direction in the performance of the labor or services, both
under the individual's contract for the performance of the labor or services and in fact, and who is customarily
engaged in an independent trade, occupation, profession, or business related to the labor or services performed
is not an "employee." "Employee" does not include an "employee" as defined by 45 U.S.C. section 351(d) who is
subject to the federal "Railroad Unemployment Insurance Act," 45 U.S.C. section 351 et seq.
(8)
(a) "Employer" means any person engaged in commerce or an industry or activity affecting commerce
that:
(I) Employs at least one person for each working day during each of twenty or more calendar
workweeks in the current or immediately preceding calendar year; or
(II) Paid wages of one thousand five hundred dollars or more during any calendar quarter in the
preceding calendar year.
(b) "Employer" includes:
Effective December 31, 2020 2
(I) A person who acts, directly or indirectly, in the interest of an employer with regard to any of the
employees of the employer;
(II) A successor in interest of an employer that acquires all of the organization, trade, or business
or substantially all of the assets of one or more employers; and
(III) The state or a political subdivision of the state.
(c) "Employer" does not include the federal government.
(9) "Family and medical leave insurance benefits" or "benefits" means the benefits provided under the terms of
this part 5.
(10) "Family and medical leave insurance program" or "program" means the program created in section
8-13.3-516.
(11) "Family member" means:
(a) Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic
partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered
individual stood in loco parentis when the person was a minor;
(b) A biological, adoptive or foster parent, stepparent or legal guardian of a covered individual or covered
individual's spouse or domestic partner or a person who stood in loco parentis when the covered
individual or covered individual's spouse or domestic partner was a minor child;
(c) A person to whom the covered individual is legally married under the laws of any state, or a domestic
partner of a covered individual as defined in section 24-50-603(6.5);
(d) A grandparent, grandchild or sibling (whether a biological, foster, adoptive or step relationship) of the
covered individual or covered individual's spouse or domestic partner; or
(e) As shown by the covered individual, any other individual with whom the covered individual has a
significant personal bond that is or is like a family relationship, regardless of biological or legal
relationship.
(12) "Fund" means the family and medical leave insurance fund created in section 8-13.3-518.
(13) "Health care provider" means any person licensed, certified, or registered under federal or Colorado law to
provide medical or emergency services, including, but not limited to, physicians, doctors, nurses, emergency room
personnel, and midwives.
(14) "Local government" has the same meaning as set forth in section 29-1-304.5(3)(b).
(15) "Paid family and medical leave" means leave taken from employment in connection with family and medical
leave insurance benefits under this part 5.
(16) "Qualifying exigency leave" means leave based on a need arising out of a covered individual's family
member's active duty service or notice of an impending call or order to active duty in the armed forces, including,
but not limited to, providing for the care or other needs of the military member's child or other family member,
making financial or legal arrangements for the military member, attending counseling, attending military events or
ceremonies, spending time with the military member during a rest and recuperation leave or following return from
Effective December 31, 2020 3
deployment, or making arrangements following the death of the military member.
(17) "Retaliatory personnel action" means denial of any right guaranteed under this part 5, including, but not
limited to, any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action against an
employee for the exercise of any right guaranteed in this part 5. "Retaliatory personnel action" also includes
interference with or punishment for in any manner participating in or assisting an investigation, proceeding, or
hearing under this part 5.
(18) "Safe leave" means any leave because the covered individual or the covered individual's family member is
the victim of domestic violence, the victim of stalking, or the victim of sexual assault or abuse. Safe leave under
this part 5 applies if the covered individual is using the leave from work to protect the covered individual or the
covered individual's family member by:
(a) Seeking a civil protection order to prevent domestic violence pursuant to sections 13-14-104.5,
13-14-106, or 13-14-108;
(b) Obtaining medical care or mental health counseling or both for himself or herself or for his or her
children to address physical or psychological injuries resulting from the act of domestic violence, stalking,
or sexual assault or abuse;
(c) Making his or her home secure from the perpetrator of the act of domestic violence, stalking, or sexual
assault or abuse, or seeking new housing to escape said perpetrator; or
(d) Seeking legal assistance to address issues arising from the act of domestic violence, stalking, or
sexual assault or abuse, or attending and preparing for court- related proceedings arising from said act or
crime.
(19) "Serious health condition" is an illness, injury, impairment, pregnancy, recovery from childbirth, or physical or
mental condition that involves inpatient care in a hospital, hospice or residential medical care facility, or continuing
treatment by a health care provider.
(20) "Sexual assault or abuse" means any offense as described in section 16-11.7-102(3), or sexual assault, as
described in section 18-3-402, committed by any person against another person regardless of the relationship
between the actor and the victim.
(21) "Stalking" means any act as described in section 18-3-602.
(22) "State average weekly wage" means the state average weekly wage determined in accordance with section
8-47-106.
8-13.3-504. Eligibility.
Beginning January 1, 2024, an individual has the right to take paid family and medical leave, and to receive family
and medical leave insurance benefits while taking paid family and medical leave, if the individual:
(1) Meets the definition of "covered individual" under section 8-13.3-503(3); and
(2) Meets one of the following requirements:
(a) Because of birth, adoption or placement through foster care, is caring for a new child during the first
year after the birth, adoption or placement of that child;
Effective December 31, 2020 4
(b) Is caring for a family member with a serious health condition;
(c) Has a serious health condition;
(d) Because of any qualifying exigency leave;
(e) Has a need for safe leave.
8-13.3-505. Duration.
(1) The maximum number of weeks for which a covered individual may take paid family and medical leave and for
which family and medical leave insurance benefits are payable for any purpose, or purposes in aggregate, under
section 8-13.3-504(2) in an application year is 12 weeks; except that benefits are payable up to an additional four
weeks to a covered individual with a serious health condition related to pregnancy complications or childbirth
complications.
(2) The first payment of benefits shall be made to an individual within two weeks after the claim is filed, and
subsequent payments shall be made every two weeks thereafter.
(3) A covered individual may take intermittent leave in increments of either one hour or shorter periods if
consistent with the increments the employer typically uses to measure employee leave, except that benefits are
not payable until the covered individual accumulates at least eight hours of family and medical leave insurance
benefits.
(4) The covered individual shall make a reasonable effort to schedule paid family and medical leave under this
part 5 so as not to unduly disrupt the operations of the employer.
(5) In any case in which the necessity for leave under this part 5 is foreseeable, an employee shall provide notice
to the individual's employer with not less than 30 days' notice before the date the leave is to begin of the
individual's intention to take leave under this part 5. If the necessity for leave is not foreseeable or providing 30
days' notice is not possible, the individual shall provide the notice as soon as practicable.
(6) Nothing in this section entitles a covered individual to more leave than required under this section.
8-13.3-506. Amount of benefits.
(1) The amount of family and medical leave insurance benefits shall be determined as follows:
(a) The weekly benefit shall be determined as follows:
(I) The portion of the covered individual's average weekly wage that is equal to or less than 50
percent of the state average weekly wage shall be replaced at a rate of 90 percent; and
(II) The portion of the covered individual's average weekly wage that is more than 50 percent of
the state average weekly wage shall be replaced at a rate of 50 percent.
(b) The maximum weekly benefit is 90 percent of the state average weekly wage, except that for paid
family and medical leave beginning before January 1, 2025, the maximum weekly benefit is 1,100 dollars.
Effective December 31, 2020 5
(2) The division shall calculate a covered individual's weekly benefit amount based on the covered individual's
average weekly wage earned from the job or jobs from which the covered individual is taking paid family and
medical leave, up to the maximum total benefit established in section 8-13.3-506(1)(b). If a covered individual
taking paid family and medical leave from a job continues working at an additional job or jobs during this time, the
division shall not consider the covered individual's average weekly wage earned from the additional job or jobs
when calculating the covered individual's weekly benefit amount. A covered individual with multiple jobs may elect
whether to take leave from one job or multiple jobs.
8-13.3-507. Premiums.
(1) Payroll premiums shall be authorized in order to finance the payment of family and medical leave insurance
benefits under this part 5, and administration of the family and medical leave insurance program.
(2) Beginning on January 1, 2023, for each employee, an employer shall remit to the fund established under
section 8-13.3-518 premiums in the form and manner determined by the division.
(3)
(a) From January 1, 2023, through December 31, 2024, the premium amount is nine-tenths of one
percent of wages per employee.
(b) For the 2025 calendar year, and each calendar year thereafter, the director shall set the premium
based on a percent of employee wages and at the rate necessary to obtain a total amount of premium
contributions equal to one hundred thirty-five percent of the benefits paid during the immediately
preceding calendar year plus an amount equal to one hundred percent of the cost of administration of the
payment of those benefits during the immediately preceding calendar year, less the amount of net assets
remaining in the fund as of December 31 of the immediately preceding calendar year. The premium shall
not exceed one and two tenths of a percent of wages per employee. The division shall provide public
notice in advance of January first of any changes to the premium.
(4)
(a) A self-employed individual who elects coverage under section 8-13.3-514 shall pay only 50 percent of
the premium required for an employee by section 8-13.3-507(3) on that individual's income from
self-employment.
(b) An employee of a local government who elects coverage under section 8-13.3-514 shall pay only 50
percent of the premium required for an employee by section 8-13.3-507(3) on that employee's income
from that local government employment.
(c) An employee of a local government or a self-employed person who elects coverage under section
8-13.3-514 shall remit the premium amount required by this subsection directly to the division, in the form
and manner required by the director by rule.
(5) An employer with 10 or more employees may deduct up to 50 percent of the premium required for an
employee by section 8-13.3-507(3) from that employee's wages and shall remit 100 percent of the premium
required by section 8-13.3-507(3) to the fund. An employer with fewer than 10 employees may deduct up to 50
percent of the premium required for an employee by section 8-13.3-507(3) from that employee's wages and shall
remit 50 percent of the premium required by section 8-13.3-507(3) to the fund.
Effective December 31, 2020 6
(6) Premiums shall not be required for employees' wages above the contribution and benefit base limit
established annually by the federal social security administration for purposes of the Federal Old-Age, Survivors,
and Disability Insurance program limits pursuant to 42 U.S.C. section 430.
(7) The premiums collected under this part 5 are used exclusively for the payment of Family and medical leave
insurance benefits and the administration of the program. Premiums established under this section are fees and
not taxes.
(8) An employer with an approved private plan under section 8-13.3-521 shall not be required to remit premiums
under this section to the fund.
(9) Notwithstanding section 8-13.3-507(2), if a local government has declined participation in the program in
accordance with section 8-13.3-522:
(a) The local government is not required to pay the premiums imposed in this section or collect premiums
from employees who have elected coverage pursuant to section 8-13.3-514; and
(b) An employee of the local government is not required to pay the premiums imposed in this section
unless the employee has elected coverage pursuant to section 8-13.3- 514.
8-13.3-508. Division of family and medical leave insurance.
(1) There is hereby created in the department of labor and employment the division of family and medical leave
insurance, the head of which is the director of the division.
(2)
(a) The division constitutes an enterprise for purposes of section 20 of article X of the Colorado
constitution, as long as the division retains authority to issue revenue bonds and the division receives less
than ten percent of its total annual revenues in grants, as defined in section 24-77-102(7), from all
Colorado state and local governments combined. For as long as it constitutes an enterprise pursuant to
this section, the division is not subject to section 20 of article X of the Colorado constitution.
(b) The enterprise established pursuant to this section has all the powers and duties authorized by this
part 5 pertaining to family and medical leave insurance benefits. The fund constitutes part of the
enterprise established pursuant to this section.
(c) Nothing in this section limits or restricts the authority of the division to expend its revenues consistent
with this part 5.
(d) The division is hereby authorized to issue revenue bonds for the expenses of the division, which
bonds may be secured by any revenues of the division. Revenue from the bonds issued pursuant to this
subsection shall be deposited into the fund.
8-13.3-509. Leave and employment protection.
(1) Any covered individual who has been employed with the covered individual's current employer for at least 180
days prior to the commencement of the covered individual's paid family and medical leave who exercises the
covered individual's right to family and medical leave insurance benefits shall be entitled, upon return from that
Effective December 31, 2020 7
leave, to be restored by the employer to the position held by the covered individual when the leave commenced,
or to be restored to an equivalent position with equivalent employment benefits, pay and other terms and
conditions of employment. Nothing in this section entitles any restored employee to:
(a) The accrual of any seniority or employment benefits during any period of leave; or
(b) Any right, benefit, or position of employment other than any right, benefit, or position to which the
employee would have been entitled had the employee not taken the leave. Nothing in this section relieves
an employer of any obligation under a collective bargaining agreement.
(2) During any paid family and medical leave taken pursuant to this part 5, the employer shall maintain any health
care benefits the covered individual had prior to taking such leave for the duration of the leave as if the covered
individual had continued in employment continuously from the date the individual commenced the leave until the
date the family and medical leave insurance benefits terminate. The covered individual shall continue to pay the
covered individual's share of the cost of health benefits as required prior to the commencement of the leave.
(3) It is unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of, or the
attempt to exercise, any right protected under this part 5.
(4) An employer, employment agency, employee organization or other person shall not take retaliatory personnel
action or otherwise discriminate against a person because the individual exercised rights protected under this part
5. Such rights include, but are not limited to, the right to: request, file for, apply for or use benefits provided for
under this part 5; take paid family and medical leave from work under this part 5; communicate to the employer or
any other person or entity an intent to file a claim, a complaint with the division or courts, or an appeal; testify or
assist in any investigation, hearing or proceeding under this part 5, at any time, including during the period in
which the person receives family and medical leave insurance benefits under this part 5; inform any person about
any employer's alleged violation of this part 5; and inform any person of his or her rights under this part 5.
(5) It is unlawful for an employer to count paid family and medical leave taken under this part 5 as an absence that
may lead to or result in discipline, discharge, demotion, suspension or any other adverse action.
(6)
(a) An aggrieved individual under this section may bring a civil action in a court of competent jurisdiction.
(b) An employer who violates this section is subject to the damages and equitable relief available under
29 U.S.C. section 2617(a)(1).
(c) Except as provided in section 8-13.3-509(6)(d), a claim brought in accordance with this section must
be filed within two years after the date of the last event constituting the alleged violation for which the
action is brought.
(d) In the case of such action brought for a willful violation of this section, such action may be brought
within 3 years of the date of the last event constituting the alleged violation for which such action is
brought.
(7) The director, by rule, shall establish a fine structure for employers who violate this section, with a maximum
fine of $500 per violation. The director shall transfer any fines collected pursuant to this section to the state
treasurer for deposit in the fund. The director, by rule, shall establish a process for the determination,
Assessment, and appeal of fines under this subsection.
(8) This section does not apply to an employee of a local government that has elected coverage pursuant to
section 8-13.3-514.
Effective December 31, 2020 8
8-13.3-510. Coordination of benefits.
(1)
(a) Leave taken with wage replacement under this part 5 that also qualifies as leave under the "Family
and Medical Leave Act," as amended, Pub. L. 103-3, codified at 29 U.S.C. sec. 2601 et. seq., or part 2 of
article 13.3 of title 8 runs concurrently with leave taken under the "Family and Medical Leave Act" or part
2 of article 13.3 of title 8, as applicable.
(b) An employer may require that payment made or paid family and medical leave taken under this part 5
be made or taken concurrently or otherwise coordinated with payment made or leave allowed under the
terms of a disability policy, including a disability policy contained within an employment contract, or a
separate bank of time off solely for the purpose of paid family and medical leave under this part 5, as
applicable. The employer shall give its employees written notice of this requirement.
(c) Notwithstanding section 8-13.3-510(1)(b), under no circumstances shall an employee be required to
use or exhaust any accrued vacation leave, sick leave, or other paid time off prior to or while receiving
family and medical leave insurance benefits under this part 5. However, an employee and an employer
may mutually agree that the employee may use any accrued vacation leave, sick leave, or other paid time
off while receiving family and medical leave insurance benefits under this part 5, unless the aggregate
amount a covered individual would receive would exceed the covered individual's average weekly wage.
Nothing in this subsection requires an employee to receive or use, or an employer to provide, additional
paid time off as described in this subsection.
(2)
(a) This part 5 does not diminish:
(I) The rights, privileges, or remedies of an employee under a collective bargaining agreement,
employer policy, or employment contract;
(II) An employer's obligation to comply with a collective bargaining agreement, employer policy, or
employment contract, as applicable, that provides greater leave than provided under this part 5;
or
(III) Any law that provides greater leave than provided under this part 5.
(b) After the effective date of this part 5, an employer policy adopted or retained shall not diminish an
employee's right to benefits under this part 5. Any agreement by an employee to waive the employee's
rights under this part 5 is void as against public policy.
(3) The director shall determine by rule the interaction of benefits or coordination of leave when a covered
individual is concurrently eligible for paid family and medical leave and benefits under this part 5 with:
(a) Leave pursuant to section 24-34-402.7; or
(b) Workers' compensation benefits under article 42 of title 8.
Effective December 31, 2020 9
8-13.3-511. Notice.
The division shall develop a program notice that details the program requirements, benefits, claims process,
payroll deduction requirements, the right to job protection and benefits continuation under section 8-13.3-509,
protection against retaliatory personnel actions or other discrimination, and other pertinent program information.
Each employer shall post the program notice in a prominent location in the workplace and notify its employees of
the program, in writing, upon hiring and upon learning of an employee experiencing an event that triggers
eligibility pursuant to section 8-13.3-504. The division shall provide the information required by this section in a
manner that is culturally competent and linguistically appropriate.
8-13.3-512. Appeals.
(1) The director shall establish a system for administrative review and determination of claims, and appeal of such
determinations, including denial of family and medical leave insurance benefits. In establishing such system, the
director may utilize any and all procedures and appeals mechanisms established under sections 8-4-111.5(5),
8-74-102, and 8-74-103.
(2) Judicial review of any decision with respect to family and medical leave insurance benefits under this section is
permitted in a court of competent jurisdiction after a covered individual aggrieved thereby has exhausted all
administrative remedies established by the director. If a covered individual files a civil action in a court of
competent jurisdiction to enforce a judgment made under this section, any filing fee under article 32 of title 13
shall be waived.
8-13.3-513. Erroneous payments and disqualification for benefits.
(1) A covered individual is disqualified from family and medical leave insurance benefits for one year if the
individual is determined by the director to have willfully made a false statement or misrepresentation regarding a
material fact, or willfully failed to report a material fact, to obtain benefits under this part 5.
(2) If family and medical leave insurance benefits are paid erroneously or as a result of willful misrepresentation,
or if a claim for family and medical leave insurance benefits is rejected after benefits are paid, the division may
seek repayment of benefits from the recipient. The director shall exercise his or her discretion to waive, in whole
or in part, the amount of any such payments where the recovery would be against equity and good conscience.
8-13.3-514. Elective coverage.
(1) An employee of a local government that has declined participation in the program pursuant to section
8-13.3-522 or a self-employed person, including an independent contractor, sole proprietor, partner or joint
venturer, may elect coverage under this part 5 for an initial period of not less than three years. The self-employed
person or employee of a local government must file a notice of election in writing with the director, as required by
the division. The election becomes effective on the date of filing the notice. As a condition of election, the
self-employed person or employee of a local government must agree to supply any information concerning
income that the division deems necessary.
(2) A self-employed person or an employee of a local government who has elected coverage may withdraw from
coverage within 30 days after the end of the three-year period of coverage, or at such other times as the director
Effective December 31, 2020 10
may prescribe by rule, by filing written notice with the director, such withdrawal to take effect not sooner than 30
days after filing the notice.
8-13.3-515. Reimbursement of advance payments.
(1) Except as provided in section 8-13.3-515(2), if an employer has made advance payments to an employee that
are equal to or greater than the amount required under this part 5, during any period of paid family and medical
leave for which such employee is entitled to the benefits provided by this part 5, the employer is entitled to be
reimbursed by the fund out of any benefits due or to become due for the existing paid family and medical leave, if
the claim for reimbursement is filed with the fund prior to the fund's payment of the benefits to the employee.
(2) If an employer that provides family and medical leave insurance benefits through a private plan approved
pursuant to section 8-13.3-521 makes advance payments to an employee that are equal to or greater than the
amount required under this part 5, during any period of paid family and medical leave for which such employee is
entitled to the benefits provided by this part 5, the entity that issued the private plan shall reimburse the employer
out of any benefits due or to become due for the existing paid family and medical leave, if the claim for
reimbursement is filed with the entity that issued the private plan prior to the private plan's payment of the benefits
under the private plan to the employee.
(3) The director, by rule, shall establish a process for reimbursements under this section.
8-13.3-516. Family and medical leave insurance program.
(1) By January 1, 2023, the division shall establish and administer a family and medical leave insurance program
and begin collecting premiums as specified in this part 5. By January 1, 2024, the division shall start receiving
claims from and paying family and medical leave insurance benefits to covered individuals.
(2) The division shall establish reasonable procedures and forms for filing claims for benefits under this part 5 and
shall specify what supporting documentation is necessary to support a claim for benefits, including any
documentation required from a health care provider for proof of a serious health condition and any documentation
required by the division with regards to a claim for safe leave.
(3) The division shall notify the employer within five business days of a claim being filed pursuant to this part 5.
(4) The division shall use information sharing and integration technology to facilitate the disclosure of relevant
information or records so long as an individual consents to the disclosure as required under state law.
(5) Information contained in the files and records pertaining to an individual under this part 5 are confidential and
not open to public inspection, other than to public employees in the performance of their official duties. However,
the individual or an authorized representative of an individual may review the records or receive specific
information from the records upon the presentation of the individual's signed authorization.
(6) The director shall adopt rules as necessary or as specified in this part 5 to implement and administer this part
5. The director shall adopt rules including, but not limited to:
(a) Confidentiality of information related to claims filed or appeals taken;
(b) Guidance on the factors used to determine whether an individual is a covered individual's family
member;
Effective December 31, 2020 11
(c) The form and manner of filing claims for benefits and providing related documentation pursuant to
section 8-13.3-516(2); and
(d) The form and manner of submitting an application with a claim for benefits to the division or to the
entity that issued a private plan approved pursuant to section 8-13.3-521.
(7) Initial rules and regulations necessary for implementation of this part 5 shall be adopted by the director and
promulgated by January 1, 2022.
8-13.3-517. Income Tax.
(1) If the internal revenue service determines that family and medical leave insurance benefits under this part 5
are subject to federal income tax, the division or a private plan approved under section 8-13.3-521 shall inform an
individual filing a new claim for family and medical leave insurance benefits, at the time of filing such claim, that:
(a) The internal revenue service has determined that benefits are subject to federal income tax; and
(b) Requirements exist pertaining to estimated tax payments.
(2) Benefits received pursuant to this part 5 are not subject to state income tax.
(3) The director, in consultation with the department of revenue, shall issue rules regarding tax treatment and
related procedures regarding family and medical leave insurance benefits, as well as the sharing of necessary
information between the division and the department of revenue.
8-13.3-518. Family and medical leave insurance fund - establishment and investment.
(1) There is hereby created in the state treasury the family and medical leave insurance fund. The fund consists of
premiums paid pursuant to section 8-13.3-507 and revenues from revenue bonds issued in accordance with
section 8-13.3-508(2)(d). Money in the fund may be used only to pay revenue bonds; to reimburse employers who
pay family and medical leave insurance benefits directly to employees in accordance with section 8-13.3-515(1);
and to pay benefits under, and to administer, the program pursuant to this part 5, including technology costs to
administer the program and outreach services developed under section 8-13.3-520. Interest earned on the
investment of money in the fund remains in the fund. Any money remaining in the fund at the end of a fiscal year
remains in the fund and does not revert to the general fund or any other fund. State money in the fund is
continuously appropriated to the division for the purpose of this section. The general assembly shall not
appropriate money from the fund for the general expenses of the state.
(2) The division may seek, accept, and expend gifts, grants, and donations, including program-related
investments and community reinvestment funds, to finance the costs of establishing and implementing the
program.
8-13.3-519. Reports.
Notwithstanding section 24-1-136(11)(a)(I), beginning January 1, 2025, the division shall submit a report to the
legislature by April 1 of each year that includes, but is not limited to, projected and actual program participation by
Effective December 31, 2020 12
section 8-13.3-504(2) purpose, gender of beneficiary, average weekly wage of beneficiary, other demographics of
beneficiary as determined by the division, premium rates, fund balances, outreach efforts, and, for leaves taken
under section 8-13.3-504(2)(b), family members for whom leave was taken to provide care.
8-13.3-520. Public education.
By July 1, 2022, and for as long as the program continues, the division shall develop and implement outreach
services to educate the public about the family and medical leave insurance program and availability of paid
family and medical leave and benefits under this part 5 for covered individuals. The division shall provide the
information required by this section in a manner that is culturally competent and linguistically appropriate. The
division may, on its own or through a contract with an outside vendor, use a portion of the money in the fund to
develop, implement, and administer outreach services.
8-13.3-521. Substitution of private plans.
(1) Employers may apply to the division for approval to meet their obligations under this part 5 through a private
plan. In order to be approved, a private plan must confer all of the same rights, protections and benefits provided
to employees under this part 5, including, but not limited to:
(a) Allowing family and medical leave insurance benefits to be taken for all purposes specified in section
8-13.3-504 (2);
(b) Providing family and medical leave insurance benefits to a covered individual for any of the purposes,
including multiple purposes in the aggregate, as set forth in section 8-13.3-504(2), for the maximum
number of weeks required in section 8-13.3-505(1) in a benefit year;
(c) Allowing family and medical leave insurance benefits under section 8-13.3-504(2)(b) to be taken to
care for any family member;
(d) Allowing family and medical leave insurance benefits under section 8-13.3-504(2)(c) to be taken by a
covered individual with any serious health condition;
(e) Allowing family and medical leave insurance benefits under section 8-13.3-504(2)(e) to be taken for
any safe leave purposes;
(f) Providing a wage replacement rate for all family and medical leave insurance benefits of at least the
amount required by section 8-13.3-506(1)(a);
(g) Providing a maximum weekly benefit for all family and medical leave insurance benefits of at least the
amount specified in section 8-13.3-506(1)(b);
(h) Allowing a covered individual to take intermittent leave as authorized by section 8-13.3-505(3);
(i) Imposing no additional conditions or restrictions on family and medical leave insurance benefits, or
paid family and medical leave taken in connection therewith, beyond those explicitly authorized by this
part 5 or regulations issued pursuant to this part 5;
Effective December 31, 2020 13
(j) Allowing any employee covered under the private plan who is eligible for family and medical leave
insurance benefits under this part 5 to receive benefits and take paid family and medical leave under the
private plan; and
(k) Providing that the cost to employees covered by a private plan shall not be greater than the cost
charged to employees under the state plan under section 8-13.3-507.
(2) In order to be approved as meeting an employer's obligations under this part 5, a private plan must also
comply with the following provisions:
(a) If the private plan is in the form of self-insurance, the employer must furnish a bond to the state, with
some surety company authorized to transact business in the state, in the form, amount, and manner
required by the division;
(b) The plan must provide for all eligible employees throughout their period of employment; and
(c) If the plan is in the form of a third party that provides for insurance, the forms of the policy must be
issued by an insurer approved by the state.
(3) The division shall withdraw approval for a private plan granted under section 8-13.3-521(1) when terms or
conditions of the plan have been violated. Causes for plan termination shall include, but not be limited to, the
following:
(a) Failure to pay benefits;
(b) Failure to pay benefits timely and in a manner consistent with this part 5;
(c) Failure to maintain an adequate surety bond under section 8-13.3-521(2)(a);
(d) Misuse of private plan money;
(e) Failure to submit reports or comply with other compliance requirements as required by the director by
rule; or
(f) Failure to comply with this part 5 or the regulations promulgated pursuant to this part 5.
(4) An employee covered by a private plan approved under this section shall retain all applicable rights under
section 8-13.3-509.
(5) A contested determination or denial of family and medical leave insurance benefits by a private plan is subject
to appeal before the division and any court of competent jurisdiction as provided by section 8-13.3-512.
(6) The director, by rule, shall establish a fine structure for employers and entities offering private plans that
violate this section, with a maximum fine of $500 per violation. The director shall transfer any fines collected
pursuant to this subsection to the state treasurer for deposit into the fund. The director, by rule, shall establish a
process for the determination, assessment, and appeal of fines under this subsection.
(7) The director shall annually determine the total amount expended by the division for costs arising out of the
administration of private plans. Each entity offering a private plan pursuant to this section shall reimburse the
division for the costs arising out of the private plans in the amount, form, and manner determined by the director
by rule. The director shall transfer payments received pursuant to this section to the state treasury for deposit in
the fund.
Effective December 31, 2020 14
8-13.3-522. Local government employers' ability to decline participation in program - rules.
(1) A local government may decline participation in the family and medical leave insurance program in the form
and manner determined by the director by rule.
(2) An employee of a local government that has declined participation in the program in accordance with this
section may elect coverage as specified in section 8-13.3-514.
(3) The director shall promulgate reasonable rules for the implementation of this section. At a minimum, the rules
must include:
(a) The process by which a local government may decline participation in the program;
(b) The process by which a local government that has previously declined participation in the program
may subsequently elect coverage in the program; and
(c) The notice that a local government is required to provide its employees regarding whether the local
government is participating in the program, the ability of the employees of a local government that has
declined participation to elect coverage pursuant to section 8-13.3-514, and any other necessary
requirements.
8-13.3-523. Severability.
If any provision of this part 5 or its application to any person or circumstance is held invalid, the remainder of part
5 or the application of the provision to other persons or circumstances is not affected.
8-13.3-524. Effective date.
This part 5 takes effect upon official declaration of the governor and is self-executing.
Effective December 31, 2020 15
•
Briefing
The FAMLI program
provides employees
with 12 weeks of paid
leave to take care of
themselves or a family
member
Participation in FAMLI
is automatic for
municipalities unless
they formally opt out
Opt-out votes and
notice to the FAMLI
Division should occur
before the end of 2022
to avoid premium
assessments in 2023
Employees can take
part in FAMLI even if
their municipality
declines to participate
Colorado Municipal League
1144 Sherman St. • Denver, CO • 80203
303 831 6411 / 866 578 0936
www.cml.org Continued on page 2
APRIL
2022
KNOWLEDGE NOW — PRACTICAL RESEARCH ON TIMELY TOPICS
U RGENT ACTION IS NEEDED.
Colorado municipalities
must make immediate
decisions regarding their
participation in Colorado’s
Paid Family Medical Leave Insurance
(FAMLI) program. Participation will have
a substantial impact on your municipal
budget, operations, and employee
relations. Participation is automatic for
any municipality unless your council
or board formally votes to decline
participation or opt out. The FAMLI
Division must be notified by the end of
2022 to avoid premium liability. CML
is not encouraging municipalities to
participate or to decline participation in
the program. Each municipality should
assess the program for themselves.
Opting out now does not prevent later
participation, and employees can still
participate individually and should receive
the full benefit of the program.
K nowledge
FAMLI: WHAT’S RIGHT
FOR YOUR CITY OR TOWN?
COLORADO’S PAID FAMILY MEDICAL
LEAVE INSURANCE (FAMLI) PROGRAM
Empowered cities and towns, united for a strong Colorado
2 CML Knowledge Now
Continued from page 1
What is FAMLI?
In November 2020, Colorado voters
approved Proposition 118, which paved
the way for a state-run Paid Family
Medical Leave Insurance (FAMLI)
program. FAMLI is codified at C.R.S. §§
8-13.3-501 to -524, and is administered
through the Colorado Department of
Labor and Employment, Division of
Family and Medical Leave Insurance
(famli.colorado.gov ). Premiums will
be collected (including employer and
employee shares) starting Jan. 1, 2023,
and benefits will be available starting
Jan. 1, 2024.
FAMLI provides covered employees with
12 weeks of paid leave to take care of
themselves or a family member during
life events like injury, serious illness, or
pregnancy. An additional 4 weeks are
available to employees who experience
pregnancy or childbirth complications.
Payments would be a rate below the
employee’s weekly rate, as described
below. Leave can be taken together or
intermittently. FAMLI benefits are portable
between jobs.
FAMLI also provides job protection for
employees who were employed for at
least 180 days before the protected leave
occurs. This means that an employer
must return the employee to the same
or an equivalent position with equivalent
benefits, pay, and other terms and
conditions following the leave. Employers
must also maintain healthcare benefits
during the leave, but the employee would
have to continue to pay their share of
the cost. Accrual of seniority and other
benefits are not protected.
FAMLI is a separate program from the paid
sick leave requirements of the Healthy
Families and Healthy Workplaces Act and
the Federal Family and Medical Leave Act
(FMLA).
What will participation in FAMLI cost my city or town?
Participating employers and employees
will contribute to premiums for FAMLI, and
municipalities will bear the administrative
costs of compliance. Premiums will be
0.9% of an employee’s wage (HB22-1305
is pending in the General Assembly and
would reduce this to 0.81% for the first
six months of the program). Wages and
exempt items are determined under
administrative rules (7 CCR 1107-1:1.5.3
and 1.5.4). A municipality can expect to
contribute an amount equal to at least
0.45% of its current employee “wages”
on an annual basis and possibly up to
0.90% of that figure. The FAMLI Division
will provide notice of expected premiums
and publish due dates and guidance on
premium remittance.
A participating municipality (unless it
has fewer than 10 employees) must remit
100% of the premium for each employee.
The employer must directly contribute at
least 50% of that amount (i.e., 0.45% of
the employee’s wage) and may require
the employee to deduct the remaining
50% from their paycheck (i.e., employees
would see a deduction of about 0.45%
from their pay). An employer can choose
to contribute part or all of the employee
portion of the premium. For a municipality
with fewer than 10 employees there is no
“employer share”; the municipality can
require the employee to deduct up to 50%
but can also choose to contribute part or
all of the employee portion.
An employer is responsible for any
error it makes in calculating, deducting,
and remitting premiums, including the
employee portion.
If a municipality does not participate in
FAMLI, the employee would be solely
responsible for 50% of the premium
if the employee elects to participate
individually. The municipality can, but
need not, deduct the employee portion
from payroll and remit it to the state. If the
municipality is involved in deducting or
remitting the employee portion, any error
would be the municipality’s responsibility.
Why would my city or town not participate in FAMLI?
Declining participation in the FAMLI
program is a significant decision, but it
must be made quickly to meet FAMLI’s
initial deadlines. If a municipality does
not opt out now, it must wait three years
to decline participation. If a municipality
opts out now, it can opt in any future
year. It must renew its decision to decline
participation at least every eight years.
The cost of the FAMLI program
may outweigh the benefits to the
municipality and its employees. FAMLI
program participation will increase
municipal budgets by at least 0.45%
of its employees’ wages annually and
potentially more. FAMLI also includes
additional administrative work for finance
and human resources staff and raises
employer liability concerns. Employees
who want the paid benefits of FAMLI
can participate individually at no greater
personal cost and without imposing a cost
on the municipality and other employees
who do not want to participate.
Municipalities may want to make a local
decision as to how to provide employee
benefits and protections. Participation
in the FAMLI program could conflict
with existing employer benefits plans
or collective bargaining agreements.
Alternatives, like a private plan pursuant
to C.R.S. § 8-13.3-521 (or adopted
independently after opting out of FAMLI
by a vote) or a supplemental insurance
program, could be a better fit for your
organization.
Because FAMLI is a new program and
the program rules have not been fully
established, a municipality may choose
to be cautious and opt out initially so it
can evaluate the program in operation
to determine if it is the best choice
for the municipality. By opting out, a
municipality can determine budgetary
and employment impacts locally. Because
FAMLI assigns the costs of errors in
calculating and remitting premiums to
employers, a municipality may wish to
wait until procedures can be developed
to ensure compliance. Finally, the FAMLI
Division has yet to issue all necessary
administrative rules, including explaining
the interplay between the program and
other federal and state laws.
What is best for our employees?
Employees can still participate individually
(C.R.S. § 8-13.3-514) and should receive
the same benefits, even if the municipality
declines participation. Benefits rules to
be issued this year will hopefully confirm
that benefits will apply equally. The cost to
the employee who wants FAMLI coverage
is the same whether the employer
April 20223
participates or not; employees who do not
want this coverage would not have to pay
any premium.
Employees who choose to participate
individually when the municipality opts out
would be required to remit their premium
share directly to the FAMLI Division unless
the municipality chooses to handle this
payment by deducting the premium from
the employee’s pay or paying it on the
employee’s behalf.
Employees may benefit from a municipality
opting out because the municipality would
have no financial responsibility for 50%
of the premium. The municipality could
choose to use that savings to benefit
employees directly, such as by paying
for some or all of the 50% premium for
employees who participate individually.
Employment protections under the
statute do not apply if a municipality
declines participation in FAMLI, but the
Federal Family and Medical Leave Act (for
employers with 50 or more employees
in the current or prior year) and any local
standards would still apply.
What are the costs and benefits for employees?
Employees bear up to 50% of the premium
(or 0.45% of their weekly wage) if the
municipality participates or the employee
chooses to participate individually.
Employees who do not want to participate
must still pay a premium if the municipality
does not decline participation. Job
protections defined in C.R.S. § 8-13.3-509,
apply only if a municipality participates in
the program.
By statute, an employee would receive a
weekly benefit under FAMLI in the amount
of 90% of their weekly wage that is equal
to or less than 50% of the state average
weekly wage, and 50% of their weekly
wage that is more than 50% of the state
average weekly wage. Weekly benefits are
capped at 90% of the state average weekly
wage until 2025, when the maximum
weekly benefit is limited to $1,100 per
week. The FAMLI Division suggests that an
employee would receive benefits between
37% ($1,100 based on a weekly wage of
$3,000 or more), 55% ($1,100 based on a
weekly wage of $2,000), 68% ($1,018 based
on a weekly wage of $1,500), 77% ($768
based on a weekly wage of $1,000), and
90% ($450 based on a weekly wage of
$500) of the employee’s weekly wage.
Benefits rules have not been finalized.
The FAMLI Division provides a premium
and benefits calculator on its website.
Federal income tax may apply to benefits,
but benefits are exempt from state income
taxes.
How do we opt out?
All municipalities are included in FAMLI by
default, regardless of size. A municipality
Employees can participate in FAMLI individually
and should receive the same benefits,
even if their municipality declines participation.
4 CML Knowledge Now
Continued on page 5
may opt out and avoid the employer
portion of premiums by a vote of a
governing body. The opt-out procedure
is governed by C.R.S. § 8-13.3-514 and
administrative rules at 7 CCR 1107-2.
Declination takes effect 180 days after
the vote so employees can elect to
individually participate in the FAMLI
program if they choose. A municipality
cannot decline part of FAMLI’s provisions.
Pre-vote notices: The municipality must
give prior notice of the vote in the same
manner it notices other public business.
Under the Colorado Open Meetings
Law, this means at least 24 hours
advance notice must be posted. Local
requirements may apply.
Special notice must be provided to
employees in writing before the vote
indicating the voting process and
providing an opportunity to submit
comments to the governing body.
Information about individual opt-in may
also be required (see 7 CCR 1107-2:
2.6.A.4), although those standards likely
apply only to post-vote notices. The rules
do not indicate that email communication
is not appropriate (7 CCR 1107-2: 2.6.A.2).
Municipalities might consider both
email and written communications to
employees.
A description of the voting process could
identify the local requirements for the
governing body to approve an action,
including the potential to make a motion,
council or board deliberation, and vote
requirements. Municipalities could also
consider allowing both oral testimony
at the meeting and a written comment
option.
Hearing and vote: The vote must occur
at least 180 days before the declination
will be effective (This deadline appears to
apply to an initial declination before the
program even begins in 2023, but the rules
are not clear). While a formal hearing is not
required, the rules require the governing
body to take testimony before voting.
This could include both verbal and written
comments from any interested person.
The rules require that the vote follow the
entity’s procedures for formal votes and
be a “decision by an affirmative vote of
the local government’s governing body
to decline participation in the [FAMLI]
program” (7 CCR 1107-2: 2.6.A). The rules
do not indicate that any formal approval
mechanism is required, unless one is
required by local standards. A motion,
resolution, or ordinance may suffice
but could modify the “voting process”
that needs to be detailed to employees
in the advance notice. At a minimum,
the document should probably include
language indicating that notice was given
to employees and the public as required,
testimony was taken, and that the body
voted affirmatively to decline participation
in the FAMLI program.
Post-vote actions: After a vote to decline
participation, the municipality must provide
several notices. First, the municipality
must provide written notice to the FAMLI
Division “memorializing the decision” and
identifying the date of the vote. The rules
are silent on the timing of notice to the
FAMLI Division; prompt action is advised.
The FAMLI Division has suggested that a
letter would be sufficient and expects to
have an electronic portal for submissions
ready in late 2022. A certified record of the
meeting (e.g., minutes showing the motion,
vote, and date; resolution; ordinance) with
a cover letter would provide a more con-
crete explanation of the vote and demon-
strate compliance with other requirements
(7 CCR 1107-2: 2.5.A and, 2.6.A).
Second, the municipality must provide
written, individual notices to employees
within 30 days after the vote. This
notice must indicate the vote to decline
coverage and “the impact toward
FAMLI, or other paid family and leave
insurance coverage” (7 CCR 1107-2:
2.6.A.3). The notice must explain the
difference between the FAMLI program
and any private plan offered by the local
government and identify FMLA eligibility
and other local benefits.
The employee notice (and possibly
the pre-vote notice) must also provide
information on the right of the employee
to voluntarily opt in to FAMLI pursuant to
C.R.S. § 8-13.3-514, and FAMLI Division
contact information (7 CCR 1107-2:
2.6.A.4).
Third, the municipality must post the
post-vote notice in a “conspicuous and
accessible place in each establishment
where employees are employed” (7
CCR 1107-2: 2.6.A.4). Email notice or
posting on a web- or app-based platform
is recommended and is required for
employers with no physical workplace
and for employees who work through
a web- or app-based platform or work
remotely.
5 April 2022
Continued from page 4
Special Notice Standards: The
post-vote notice, at a minimum,
and potentially all notices must be
provided in English and any language
representing the first language spoken
by at least 5% of the municipality’s
workforce.
The FAMLI Division will make posters
and notices available, but municipalities
must request the materials and should
expect to pay printing and mailing
costs. Notices and posters in languages
other than English or Spanish must be
specially ordered.
Declination renewal: The declination
must be renewed every eight years or
the municipality is automatically added
back in to FAMLI (7 CCR 1107-2: 2.5.C).
The rules require “a similar vote process
and margin.” That likely means the same
number of votes needed to approve an
action, not passage by the exact same
number of votes as the prior declination.
How do we opt back in to the FAMLI program?
A municipality that previously opted
out of the FAMLI program may opt back
in by affirmative vote “of a quorum of
the governing body” at the beginning
of the annual local budgeting cycle, as
determined by the municipality (7 CCR
1107-2: 2.5 and 2.6). Coverage would
begin no later than the quarter after the
vote and submission of one quarter’s
premium. Municipalities who opt into
FAMLI must stay in the program for at
least three fiscal years.
Opting back in also involves employee
notice requirements. No more than 90
days after the vote, individual employees
who opted in must be personally notified
in writing that the municipality has
opted back into FAMLI. The notice must
include the date for the municipality’s
first submittal of quarterly premiums
and any potential lapses or changes in
benefits eligibility. The local government
must publicly post a notice of the
date the employer will begin paying
FAMLI premiums and when coverage is
expected to start. Employees who did
not opt in must also be notified in writing,
both publicly and personally, no later
than 180 days after the vote to opt back
into FAMLI. The notice must contain a
detailed explanation of employee rights
under the FAMLI program, including
program requirements, benefits, claims
processes, payroll deductions, premiums,
and employee protections like the right
to job protection and benefit continuation
and protection against retaliatory or
discriminatory information, among other
things.
Anticipate updates to FAMLI program.
Municipalities must act now to determine
if they want to participate in the FAMLI
program, but they should expect
updates throughout 2022. Several
administrative regulations have yet to
be finalized, including benefits rules
and the interaction between FAMLI
and other federal and state leave laws.
The Colorado Supreme Court is also
considering a court challenge to the
premium requirement that might be
decided this year.
Knowledge
Colorado’s Paid Family Medical Leave Insurance (FAMLI) program
1144 Sherman St. • Denver, CO • 80203-2207
KNOWLEDGE NOW — PRACTICAL RESEARCH ON TIMELY TOPICS
Treasurer’s Report
ROB CLEMENS
FINANCE DIRECTOR
Critical Budget Concepts
February 1st is the same as January 31st
Cash vs. Allocations vs. Accrual
Reserves = Restricted
Balancing Act
S.W.O.T.
STRENGTHS WEAKNESSES
Growing GF Reserves Bandwidth
OPPORTUNITIES THREATS
Leverage Inflation
Cash Flow
Takeaways
Questions?
Other information you would like to
see to inform decisions?