2021 Regular Municipal Election

The next election will be held on Tuesday, November 2, 2021 with the town meeting moderator and four council seat vacancies.

PUBLIC NOTICES

CANDIDATE PACKET

The Candidate Packet has been compiled to answer general questions about the election process and the duties of municipal office. The following documents are included in the Candidate Packet:

BALLOT CONTENT

Content for the 2021 Municipal Ballot can be found in its entirety by clicking HERE and is also provided below.

TOWN COUNCIL CANDIDATES

Kristin Joy Kuhlman
Mark Hebert
Geneva I Shaunette
Meehan Fee
Dan Enright
Jessie Rae Arguelles

TOWN MEETING MODERATOR CANDIDATES

Daniel Zemke

TABOR ISSUE 2A

AUTHORIZATION TO IMPOSE A LODGERS’ TAX OF 2.00% ON ROOMS AND ACCOMMODATIONS RENTED FOR TWENTY-NINE DAYS OR LESS.

SHALL THE TOWN OF TELLURIDE TAXES BE INCREASED NOT MORE THAN $1 MILLION IN TAX COLLECTION YEAR 2022, AND BY WHATEVER AMOUNTS AS ARE GENERATED ANNUALLY THEREAFTER BY IMPOSITION OF A TOWN LODGERS’ TAX OF 2%, ON THE TOTAL AMOUNT OF RENT OR COMPENSATION PAID BY PERSONS RENTING ROOMS OR ACCOMMODATIONS FOR A PERIOD OF TWENTY-NINE (29) DAYS OR LESS, AND SHALL THE LODGERS’ TAX REVENUES RECEIVED ANNUALLY BE USED FOR THE PURPOSE OF FUNDING ACTIVITIES RELATED TO TOURISM OR MARKETING OF THE TELLURIDE COMMUNITY, MANAGING THE EFFECTS OF TOURISM ON THE COMMUNITY AND ITS NATURAL RESOURCES, OR FOR OTHER TOWN PURPOSES, INCLUDING, BUT NOT LIMITED TO, IMPROVING TRANSPORTATION SERVICES, IMPROVING THE TOWN’S WASTEWATER TREATMENT FACILITY, THE ACQUISITION OF PROPERTY FOR AND/OR THE CONSTRUCTION OF AFFORDABLE OR EMPLOYEE HOUSING, AS HEREAFTER DETERMINED BY THE TOWN COUNCIL;

PROVIDED THAT THE COUNCIL SHALL ADOPT AN ORDINANCE TO IMPLEMENT THE TAX INCREASE AS PROVIDED IN THIS QUESTION (INCLUDING PROVISIONS FOR THE METHOD OF COLLECTION AND ENFORCEMENT, ANY EXEMPTIONS FROM THE TAX, AND OTHER DETAILS) AND MAY ADJUST THE RATE OF THE LODGERS’ TAX FROM TIME TO TIME SO LONG AS IT DOES NOT EXCEED 2.0%;

PROVIDED FURTHER THAT SUCH TAX INCREASE SHALL BECOME EFFECTIVE ON JANUARY 1, 2022, AND SHALL APPLY TO ALL RENTAL INCOME RECEIVED AFTER SUCH DATE NOTWITHSTANDING THE DATE OF ANY RESERVATION FOR SUCH ACCOMMODATIONS;

AND SHALL THE TOWN BE AUTHORIZED TO COLLECT, RETAIN AND SPEND SUCH LODGING TAX REVENUES, INCLUDING ANY INVESTMENT EARNINGS AND INTEREST ON SUCH REVENUES, AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20, OF THE COLORADO CONSTITUTION OR ANY OTHER LAW; AND SHALL THE COUNTY LODGING TAX OF 2% CURRENTLY IMPOSED WITHIN THE TOWN NO LONGER BE COLLECTED?

PROPOSED AMENDMENTS TO THE TELLURIDE HOME RULE CHARTER

QUESTION 2B

Shall the Telluride Home Rule Charter, in the following sections, be amended by deleting the text that is lined through (~~lined through~~) and by adding the text that is CAPITALIZED, making non-substantive changes to clarify intent, updating procedures and conforming with the State of Colorado Constitution and State of Colorado Election Codes?

Section 2.1. Municipal Elections.

Any special municipal election may be called by resolution or ordinance of the Town Council at least SIXTY (60) ~~thirty (30)~~ days in advance of such election.

Polling places and MAIL BALLOT COUNTING CENTERS ~~Voter Service and Polling Centers~~ for all municipal elections shall be open from 7:00 a.m. to 7:00 p.m. on Election Day.

Section 2.4. Electors.

A. Qualifications. Persons holding a permanent RESIDENT ~~alien registration~~ card may be qualified electors.

C. Registration. REGISTRATION REQUIREMENTS FOR MUNICIPAL ELECTIONS SHALL BE THE SAME AS THOSE GOVERNING GENERAL ELECTIONS. REGISTRATION WITH THE COUNTY CLERK AND RECORDER SHALL CONSTITUTE REGISTRATION FOR MUNICIPAL ELECTIONS. QUALIFIED ELECTORS NOT QUALIFIED BY THE STATE OF COLORADO TO REGISTER WITH THE COUNTY CLERK AND RECORDER SHALL REGISTER WITH THE TOWN CLERK. The Town Clerk shall register any qualified elector who appears in person at the office of the Clerk at any time when registration is permitted. However, to qualify to vote in an upcoming municipal election, electors must be registered before or on the date of such election.

Section 2.7. Recall.

Any elected officer of the Town may be recalled at any time after six (6) months in office by the electors entitled to vote for a successor of such incumbent, as provided for in Article XXI of the Colorado Constitution AND 31-4-501, C.R.S, ET SEQ.

Section 2.9. Applications for Absentee Ballots~~/Mail-In Ballots.~~

Absentee~~/Mail-In~~ Ballots shall be available to registered AND /qualified electors for Town elections. A written application for AN Absentee~~/Mail-In~~ Ballots is required. ~~Ballots are not automatically mailed to residents except during Mail Ballot Elections.~~

Section 3.3. Qualifications.

No Councilperson shall be AN a ~~salaried~~ employee of the Town during his or her term of office.

Section 4.3. Special Meetings.

Special meetings shall be called by the Town Clerk on the written request of the Town Manager, Mayor or any two (2) Councilpersons, after at least twenty-four (24) hours' written notice to each member, served personally or left at his or her usual place of residence or work, or transmitted by electronic mail, or telephonic facsimile, and after posting written notice of said meeting in a public place for at least twenty-four (24) hours. THE TWENTY-FOUR (24) HOURS WRITTEN NOTICE AND TWENTY-FOUR (24) HOURS POSTING OF WRITTEN NOTICE CAN BE ACHIEVED CONCURRENTLY.

Section 4.8. Voting.

Except as otherwise provided for in this Charter, OR EXCEPT AS OTHERWISE PROVIDED FOR IN AN ORDINANCE REQUIRING A TOWN COUNCIL VOTE BY OTHER THAN A MAJORITY VOTE, INCLUDING WHEN TOWN COUNCIL ACTS AS A LOWER BOARD OR COMMISSION, THE SPECIFIC VOTING RULES FOR THAT BODY SHALL APPLY, every ordinance, resolution or motion shall require the affirmative vote of a majority of those Councilpersons present.

Section 4.18. Conflicts of Interest.

No Town Councilperson or appointed member of a Board, Commission or Committee of the governmental structure, during his or her term of office shall be AN ~~a compensated~~ employee of the Town, nor shall he or she have any material or significant financial interest, direct or indirect, or any apparent conflict of interest with the Town.

Section 6.1. General Authority.

A. Initiative. The registered electors of the Town shall have the power to propose AN ~~any~~ ordinance THAT IS A LEGISLATIVE ACT OF A MUNICIPALITY to the Council, in accordance with the provisions of this Article of the Charter. In the event the Council fails to adopt said proposed ordinance without material change in substantive provisions, the said proposed ordinance shall be submitted to the qualified electors at a Town election for their acceptance or rejection.

Section 6.3. Petitions.

A. REGULAR MUNICIPAL ELECTION. TO SUBMIT AN INITIATIVE OR REFERENDUM PETITION AT A REGULAR ELECTION, THE ~~However,~~ petitions MUST BE signed by registered electors equal to at least five (5) percent, but less than fifteen (15) percent, of the total number of electors voting at the last regular municipal election, ~~shall be submitted to the qualified voters at the next regular municipal election~~, provided that the Council does not adopt the initiated proposal before that election.

B. SPECIAL MUNICIPAL ELECTION. ~~Number of signatures.~~ TO SUBMIT AN initiative or referendum petitions AT A SPECIAL ELECTION, THE PETITION MUST be signed by registered electors of the Town in number equal to at least fifteen (15) percent of the total number of electors voting at the last regular municipal election.

Section 7.6. FINANCE DIRECTOR ~~Town Treasurer.~~

There shall be a FINANCE DIRECTOR ~~Town Treasurer~~ who shall be appointed by and serve at the pleasure of the Town Manager. The FINANCE DIRECTOR ~~Town Treasurer~~ may appoint a deputy or deputies to serve under his or her supervision provided such appointment shall be contingent upon the approval of the Town Manager.

Section 7.7. FINANCE DIRECTOR ~~Town Treasurer~~ Duties.

The FINANCE DIRECTOR ~~Town Treasurer~~ shall keep and supervise all accounts; receive and have custody of all moneys of the Town, collect special Town taxes…

Section 9.2. Composition.

The following shall apply to the composition of any permanent Board or Commission:

~~B. There shall be no limitation on the number of terms a member may serve.~~

D. Only REGISTERED ~~qualified~~ electors of the Town of Telluride shall be voting members of the Planning and Zoning Commission, the Board of Adjustments and Appeals, and the Historic and Architectural Review Commission. ~~Other permanent Boards and Commissions may be composed of not more than two (2) voting members who are not qualified electors of the Town of Telluride but who do reside in San Miguel County, Colorado.~~

Section 14.4. Liability of Town.

No action for recovery of compensation for personal injury, death or property damage against the Town on account of its negligence shall be maintained unless written notice of the alleged time, place and cause of injury, death or property damage is given to the Town Clerk by the person injured, or an agent or attorney of that person~~, within thirty (30) days,~~ of the occurrence causing the injury, death or property damage. IN COMPLIANCE WITH THE COLORADO GOVERNMENTAL IMMUNITY ACT.

Section 16.4. Town Meeting Moderator.

A Town Meeting Moderator shall be elected for A FOUR (4) ~~two (2)~~ year term at the regular municipal election to be held in April of 1978 and at each regular municipal election WHERE A MAYOR IS ELECTED held in an odd-numbered year thereafter.

Section 16.5. Town Meeting Procedure.

The Town Clerk and his or her deputies shall deny admission to the Town Meeting to all persons who are not registered electors of the Town; provided, however, that any member of the working press, ANY TOWN STAFF NEEDED TO HOLD THE MEETING, and any person certified by the Clerk as an observer shall be admitted, but shall be prohibited from voting. The Town Clerk shall take minutes of each Town Meeting.

QUESTION 2C

Shall the Telluride Home Rule Charter, in the following sections, be amended by moving the underlined text to the Telluride Municipal Code?

Section 6.2. Petitioners' Committee; Affidavit.

Any three (3) registered electors of the Town may commence initiative or referendum proceedings by filing with the Town Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and street addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the ordinance so initiated, or citing the ordinance sought to be referred.

Promptly after the affidavit of the petitioners' committee is filed, the Town Clerk shall issue the appropriate petition blanks to the petitioners' committee.

Section 6.3. Petitions.

B. Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink and shall be followed by the street address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance initiated or sought to be referred.

C. Affidavit of Circulator. Each page of a petition shall have attached to it when filed, an affidavit executed by the circulator thereof stating that he or she personally circulated the petition, the number of signatures thereon, that all signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance initiated or sought to be referred.

D. Time for Filing Referendum Petitions. If the ordinance to be referred is also to be suspended, referendum petitions must be filed within thirty (30) days of the publication of such ordinance.

Section 6.4. Procedure After Filing.

Certificate of Clerk; Amendment: Within ten (10) days after a petition is filed, the Town Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Town Clerk within two (2) days after receiving the copy of the Town Clerk's certificate. Such supplementary petition shall comply with the requirements of subsection B and C of Section 6.3, and within five (5) days after it is filed, the Town Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend under this Section within the time required, the Town Clerk shall promptly present his or her certificate to the Town Council, and such certificate shall then be a final determination as to the sufficiency of the petition.

Section 6.5. Referendum Petitions; Suspension of Effect of an Ordinance.

When a referendum petition is filed with the Town Clerk, if the ordinance sought to be reconsidered shall be suspended, such suspension shall terminate when:

A. There is a final determination of insufficiency of the petition, or

B. The petitioners' committee withdraws the petition, or

C. The Town Council repeals the ordinance, or

D. The results of a favorable vote of qualified electors of the Town on the ordinance is certified.

Emergency ordinances shall continue in effect unless a majority of the entire Town Council votes to suspend the ordinance pending an election.

Section 6.6. Action on Petitions.

A. Action by Town Council. When an initiative and referendum petition has been finally determined sufficient, the Town Council shall either:

1. Adopt the ordinance as submitted by an initiatory petition;

2. Repeal the ordinance, or part thereof, referred by a referendum petition; or

3. Submit the initiated or referred ordinance to the qualified electors of the Town; provided, however, that the Town Council shall have power to change the detailed language of any initiated ordinance and to affix the title thereto, so long as the substantive provisions of such ordinance will not be materially altered.

B. Submission to Voters. The vote of the qualified electors on an initiated or referred ordinance shall be held not less than sixty (60) days and not later than one hundred twenty (120) days from the date of the final Council action thereon. If no regular municipal election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the initiated or referred ordinance shall be made available to the public within a reasonable time before the election at the office of the Town Clerk, on the town website, at the polling place and at Voter Service and Polling Centers.

C. Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the sixtieth (60th) day preceding the day scheduled for a vote of qualified electors by filing with the Town Clerk a request for withdrawal signed by a majority of the petitioners' committee.

QUESTION 2D

Shall the Telluride Municipal Code, in the following sections, be amended to increase the business license fees for Short Term Rental Units and dedicating the increased revenue into the Town’s Affordable Housing Fund and imposing a cap on the number of Short Term Rental Unit business licenses to those that have already been issued as of November 2, 2021, with omitted text lined through (~~lined through~~) and additional text that is underlined (underlined)?

CHAPTER 6, Article 1 Business Licenses

Sec. 6-1-20. Fee levied.

An annual business license fee is levied on all persons doing business in the Town according to the following schedule:

(1) Lodging establishment and room rental licenses, ~~sixty-six dollars ($66.00)~~ one hundred thirty-two dollars ($132.00) per sleeping room.

(2) Accommodations Unit licenses, ~~one hundred sixty-five dollars ($165.00~~) three hundred thirty dollars ($330.00) plus ~~twenty-two dollars ($22.00)~~ forty-four dollars ($44.00) per sleeping room.

(3) Rental House licenses, ~~one hundred sixty-five dollars ($165.00)~~ three hundred thirty dollars ($330.00) plus ~~twenty-two dollars ($22.00)~~ forty-four dollars ($44.00) per sleeping room.

Sec. 6-1-30. Use of proceeds.

Notwithstanding other provisions in this Article, all revenue resulting from the approval by the Town electorate at the election on November 2, 2021 to increase the business license fees on Short Term Rental Units in Paragraph 6-1-20(1—3) of this Code shall be dedicated to the Town’s Affordable Housing Fund established under Section 4-2-110(c)(2) of this Code and shall be used exclusively to fund and finance the development and preservation of affordable housing, including the acquisition of land therefor.

Sec. 6-1-120. Short-Term Rental Unit license restrictions.

The number of Short Term Rental Unit business licenses issued each year by the Town for a Lodging Establishment, Room Rental, Accommodations Unit, and Rental House is capped at the number of Town business licenses that are existing and fully issued as of November 2, 2021. All Short Term Rental Units with an existing and duly issued business license for Short Term Rental Units are permitted a one (1) time exception for the Town to issue a business license for a Short Term Rental Unit to the subsequent purchaser of the particular dwelling unit with the existing and fully issued business license. The purpose of this section is to keep the same number of business licenses for Short Term Rental Units applicable under the provisions of this Section by permitting one (1) new owner to receive a business license if that dwelling unit has an existing and fully issued business license for a Short Term Rental Unit.

The provisions of this Section 6-1-120 shall automatically expire two (2) years from the date it takes effect unless extended by the Town Council.

QUESTION 300

Shall a citizen-initiated ordinance be adopted amending Telluride Municipal Code Chapter 6 Article 1 to reduce the number of short-term rental business licenses to 400 for each year, determined by an annual lottery, beginning with dwellings located in the AC-1 and AC-2 zone districts with any remaining short-term rental business licenses to be awarded in all other zone districts, and with no restriction on the number of short term rental business licenses for Rental Houses, Accommodations Units, Sleeping Rooms that are otherwise occupied as the license applicant’s Primary Residence?