HomeMy WebLinkAboutPACKET Administrative Committee 1991-11-25 ADMINISTRATIVE COMMITTEE
November 25, 1991
2 : 00 P.M. - Room 103
AGENDA
43. Proposed 1992 Pay Plan.
2 . 1991 Budget Supplement.
3 ICMA/PERA Conversion.
Ordinance Amending Occupation License.
(tip Ordinance Adopting Write-In Candidate Affidavit
Regulation.
6. Gambling - Discussion.
r , Aatt,yr,' TOWN = ES l- [_S PARK
/' � Gary F. Klaphake
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�� � `,. MEMORANDUM
'
l_5tet, Park, Colorado 80517
November 20, 1991
TO: H. Bernerd Dannels, Mayor
Board of Trustees
FROM: Gary F. Klaphake LP• V-- •
-
Town Administrator
SUBJECT: Comments on Administrative Committee Agenda
1. Proposed 1992 Pay Plan - (See attached memo from Assistant
Town Administrator Widmer. )
2 . Finance Director Vavra will review the status of our 1991
Budget and advise of minor changes required to bring the 1991
Budget in compliance with the legal budget authority.
3 . Pursuant to our previous discussion on the proposed conversion
from PERA to ICMA, staff was requested to provide the
following information (see attached reports) :
a. An ICMA/PERA benefit comparison.
b. Projection of an average employee.
c. Determination of the interest in the conversion by Town
employees.
4 . During the 1991 consideration of new occupation fees, staff
proposed a separate fee structure for the "service" category.
By State definition, this included banking, etc. , and was
- quickly set aside. We are now proposing a new occupation
category be established for contractors. We find this
category in other communities. The 1992 rate would be
$100. 00, down from the $200 . 00 in 1991 (see attached memo from
Town Clerk O ' Connor) .
1,,, g. Some Trustees have contacted me concerning discussion in the
community about gambling. I suggested Town Attorney White
brief the Town Board on the potential role of the Town in
limiting or controlling this activity. Attorney White will
attend the Committee meeting.
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P E R A / ICMA PROJECTION
AVERAGE EMPLOYEE ENTRY WORKER I
ASSUMPTION AGE 35 AT BEGINNING DATE OF EMPLOYMENT
* * * * ICMA PROJECTION
YEAR MONTHLY SALARY ANNUAL EMPLOYEE 8% EMPLOYER 10.2% INTEREST AVE 8% TOTAL
CONTRIBUTION CONTRIBUTION GUARANTEED FUND BALANCE j'
1 1,286.00 15,432.00 1,234.56'1) 1,574.06 224.69 3,033.31
2 1,286.00 15,432.00 1,234.5d J 1,574.06 467.36 6,309.29
3 1,286.00 15,432.00 1,234.56 1,574.06 729.43 9,847.35
4 1,286.00 15,432.00 1,234.56 1,574.06 1,012.48 13,668.45
5 1,286.00 15,432.00 1,234.56 1,574.06 1,318.17 17,795.24
6 1,286.00 15,432.00 1,234.56 1,574.06 1,648.31 22,252.18
7 1,286.00 15,432.00 1,234.56 1,574.06 2,004.86 27,065.66
8 1,286.00 15,432.00 1,234.56 1,574.06 2,389.94 32,264.23
9 1,286.00 15,432.00 1,234.56 1,574.06 2,805.83 37,878.68
10 1,286.00 15,432.00 1,234.56 1,574.06 3,254.98 43,942.29
11 1,286.00 15,432.00 1,234.56 1,574.06 3,740.07 50,490.99
12 1,286.00 15,432.00 1,234.56 1,574.06 4,263.97 57,563.58
13 1,286.00 15,432.00 1,234.56 1,574.06 4,829.78 65,201.98
14 1,286.00 15,432.00 1,234.56 1,574.06 5,440.85 73,451.45
15 1,286.00 15,432.00 1,234.56 1,574.06 6,100.81 82,360.89
16 1,286.00 15,432.00 1,234.56 1,574.06 6,813.56 91,983.07
17 1,286.00 15,432.00 1,234.56 1,574.06 7,583.34 102,375.03
18 1,286.00 15,432.00 1,234.56 1,574.06 8,414.69 113,598.35
19 1,286.00 15,432.00 1,234.56 1,574.06 9,312.56 125,719.53
20 1,286.00 15,432.00 1,234.56 1,574.06 10,282.25 138,810.40
RETIREMENT DISBURSEMENT (13,090.87) 10,057.56 135,777.10
(13,090.87) 9,814.90 132,501.12
(13,090.87) 9,552.82 128,963.07
(13,090.87) 9,269.78 125,141.98
(13,090.87) 8,964.09 121,015.20
(13,090.87) 8,633.95 116,558.28
(13,090.87) 8,277.39 111,744.80
(13,090.87) 7,892.31 106,546.24
(13,090.87) 7,476.43 100,931.80
(13,090.87) 7,027.27 94,868.21
(13,090.87) 6,542.19 88,319.52
(13,090.87) 6,018.29 81,246.95
(13,090.87) 5,452.49 73,608.56
(13,090.87) 4,841.42 65,359.11
(13,090.87) 4,181.46 56,449.70
(13,090.87) 3,468.71 46,827.53
(13,090.87) 2,698.93 36,435.60
(13,090.87) 1,867.58 25,212.30
(13,090.87) 969.71 13,091.15
AGE 75 (13,090.87) 0.02 0.30
ANNUITY IS BASED ON WITHDRAWING ALL FUNDS BY AGE 75
$1,090.91
MONTHLY MEDICAL INSURANCE BENEFIT MUST BE OBTAINED BY THE RETIREE ON THE OPEN MARKET.
$0.00
P E R A / ICMA PROJECTION
AVERAGE EMPLOYEE ENTRY WORKER I
ASSUMPTION AGE 35 AT BEGINNING DATE OF EMPLOYMENT
* * * * PERA PROJECTION
YEAR MONTHLY SALARY ANNUAL EMPLOYEE INTEREST 5.7% TOTAL
CONTRIBUTION RATE, 11-12-91 BALANCE
1 1,286.00 15,432.00 1,234.56 70.37 1,304.93
2 1,286.00 15,432.00 1,234.56 144.75 2,684.24
3 1,286.00 15,432.00 1,234.56 223.37 4,142.17
4 1,286.00 15,432.00 1,234.56 306.47 5,683.21
5 1,286.00 15,432.00 1,234.56 394.31 7,312.08
6 1,286.00 15,432.00 1,234.56 487.16 9,033.80
7 1,286.00 15,432.00 1,234.56 585.30 10,853.65
8 1,286.00 15,432.00 1,234.56 689.03 12,777.24
9 1,286.00 15,432.00 1,234.56 798.67 14,810.47
10 1,286.00 15,432.00 1,234.56 914.57 16,959.60
11 1,286.00 15,432.00 1,234.56 1,037.07 19,231.23
12 1,286.00 15,432.00 1,234.56 1,166.55 21,632.34
13 1,286.00 15,432.00 1,234.56 1,303.41 24,170.31
14 1,286.00 15,432.00 1,234.56 1,448.08 26,852.95
15 1,286.00 15,432.00 1,234.56 1,600.99 29,688.50
16 1,286.00 15,432.00 1,234.56 1,762.61 32,685.67
17 1,286.00 15,432.00 1,234.56 1,933.45 35,853.69
18 1,286.00 15,432.00 1,234.56 2,114.03 39,202.28
19 1,286.00 15,432.00 1,234.56 2,304.90 42,741.73
20 1,286.00 15,432.00 1,234.56 2,506.65 46,482.94
HIGHEST AVERAGE SALARY IS BASED ON THE AVEREAGE HIGHEST 3 YEARS SALARY
$1,286.00
MONTHLY ANNUITY IS BASED CALCULATED AT 50% OF THE AVERAGE HIGHEST SALARY
$643.00
MONTHLY MEDICAL INSURANCE BENEFIT AS OF SEPTEMBER 1991
$125.00
TOTAL POSSIBLE WITHDRAWL BY AGE 75 $184,320.00
P.E.R.A. COMPARED TO I.C.M.A. BENEFITS
1. MEMBERSHIP: Requirements for joining each plan.
P.E.R.A. : The P.E.R.A. is mandatory for full-time and part-time
employees who work more than 500 hours in any six-month period
in a position subject to P.E.R.A. membership. P.E.R.A. is to
begin on the employees employment date or full-time employment
date.
I.C.M.A. : The employer may elect in the Adoption Agreement to waive or
reduce the twelve month period of service anywhere from 0 - 12
months. The employer may designate a minimum age requirement
not to exceed age 21 for participation.
2. CONTRIBUTIONS: Employee and employer contribution levels.
P.E.R.A. : P.E.R.A. is mandated by the State of Colorado who sets the
contribution levels for employee and employer. This
contribution rate can be changed at any time by the state and
the Town of Estes Park will have to comply.
The mandated employee contribution is 8� o eligible salary.
All contributions made from 7/1/84 are-tau deferred, that is
they are not considered taxable income for federal and state
income tax purposes until they are withdrawn as a refund or
month annuity.
The employer mandated contribution of ,10.0% is split into 3
separate contributions:
7.2% to the Town of Estes Park pension fund.
2.0% to Cost of Living fund to pay for future
cost of living increases on monthly
benefits.
.8% to Health Care Fund to pay health care
premium subsidies for benefit recipients.
10.0%
There are no service charge fees charged on employee accounts.
I.C.M.A. : The employee and employer contribution levels are specified in
the Adoption Agreement filed at the onset of the plan. The
contribution amounts can be amended with an amendment form
from the Town to I.C.M.A.
At the present time there is a no annual account maintenance
fee.
P.E.R.A. COMPARED TO I.C.M.A. BENEFITS CONT.
3. SERVICE CREDIT / VESTING: Years of service with the employer.
P.E.R.A. : An employee will earn one year of service credit for one year
of full-time employment. Earned credit for less than full-
time employees will be determined by ratio of the actual time
worked to full-time.
When an employee earns 5 years of service credit they become
a vested member and would be eligible for a retirement benefit
at some time in the future taking full advantage of employee
• and employer contributions.
I.C.M.A. All of an employees periods of service with the employer are
counted to determine the nonforfeitable percentage of the
employer contribution due the employee as determined by the
vesting schedule elected by the Employer in the Adoption
Agreement.
In event of normal retirement age, disability while an active
employee or death an employee becomes 100% vested, regardless
of term of employment.
4. TERMINATION OF EMPLOYMENT: employee terminates what happens to the funds.
P.E.R.A. : Three options available:
1) . Leave your account with P.E.R.A. if over 5 years of
service credit.
a. An employee may consider this if anticipating
returning to P.E.R.A. employment in the future.
b. If vested (5 years) an employee may leave
contributions and may apply for retirement
benefit when reach age and service credit
requirements.
2) . Withdraw employee account. Must take a full refund if
you have less than 5 years of service credit and do not
plan to go to work for any other P.E.R.A. employer.
a. A lump sum withdrawal forfeits any claim to a
lifetime monthly P.E.R.A. benefit. It forfeits
town contributions as well.
b. Some P.E.R.A. contributions may have been tax
deferred and these are subject to federal income
tax. If contributions are rolled over to another
qualified pension plan or IRA within 60 days of
receipt of refund the money can maintain tax
deferred status.
c. If an employee is under age 55 tax deferred
contributions withdrawn are subject to 10% IRS
penalty unless rolled over into an eligible
account.
P.E.R.A. COMPARED TO I.C.M.A. BENEFITS CONT.
3) . Make direct payments in lieu of contributions.
When an employees age and years of service credit
+ years of extra contributions = the service or
reduced service retirement requirements, the
employee will be eligible to apply for a benefit.
The payments will not increase service credit or
highest average salary, but may allow a member to
retire at an earlier date.
I.C.M.A. : An employee may withdraw their contributions and the eligible
vested portion of the employers contributions per the vesting
schedule of the adoption agreement.
The employee with an account over $3,500.00 may elect to
postpone distribution and may remain in the employers plan
earning interest tax deferred until withdrawal.
Vested accounts over $3,500.00 can be withdrawn on a periodic
payment schedule on a monthly, quarterly, semi-annual or
annual basis and will be subject to taxes and IRS penalties if
under the age of 59 1/2, unless they are rolled over to
another qualified plan or an IRA.
5. SUBSIDIZED HEALTH CARE PROGRAM FOR BENEFIT RECIPIENTS: various health
care plans offered at less than market premiums for private plans.
P.E.R.A. : The retiree must enroll within 30 days of retirement to join.
An open enrollment is offered every year in the event a
retiree does not wish to enroll when they become retired.
Rates are better due to group participation and the premiums
are based on the retirees years of service credit.
The following plans apply to the Town.
P.E.R.A. PRIME HEALTH PLAN - for enrollees under age 65
P.E.R.A. STANDARD-PLUS - for enrollees under age 65
P.E.R.A. MEDICARE SUPPLEMENT PLAN - enrollees age 65 and
over.
I.C.M.A. : No provisions to obtain coverage, the retiree must go to
private providers.
6. ANNUAL & COST OF LIVING INCREASES FOR BENEFIT RECIPIENTS: annual cost of
living increases to benefit recipients.
P.E.R.A. : The State of Colorado will determine any cost of living
increase to be added to a recipients annuity and the increase
will be based on initial benefit associated with latest
retirement date.
P.E.R.A. COMPARED TO I.C.M.A. BENEFITS CONT.
I.C.M.A. : The initial benefit is based on original calculations until
the fund is exhausted. The employee has the ability to
determine the rate of withdrawal of their funds which may be
changed to reflect a cost of living.
7. LOW - COST TERM LIFE INSURANCE: term life insurance.
P.E.R.A. : Rocky Mountain Life Insurance and Prudential Life Insurance
premiums can be continued by annuity deductions. A retiree
may enroll prior to retirement so that at least 1 premium is
deducted from their paycheck prior to retirement in order for
automatic deductions to take place.
I.C.M.A. : No life insurance is offered.
8. DISABILITY RETIREMENT: a physical or mental impairment which in the
opinion of the plan administrator is of such permanence and degree that an
employee is unable because of such impairment to perform any gainful
activity for which they are employed. The permanence and degree of such
impairment shall be supported by medical evidence.
P.E.R.A. : A disability application must be filed and all qualifications
are to be met before an annuity for disability will be
approved by the P.E.R.A. board of trustees.
An annuity option can be drawn until the death of the employee
and any further distribution will be based on the option
chosen at the time of the disability retirement.
I.C.M.A. : If an active employee is found to be disabled they will become
100% vested.
9. SERVICE RETIREMENT: normal retirement from service.
P.E.R.A. : An employee must meet the eligibility requirement:
35+ years service credit No Age Requirement
30 years service credit 55 years of age
20 years service credit 60 years of age
5 years service credit 65 years of age
The monthly benefit is based on the employees highest three
years annual salaries earned. The monthly benefit is 2.5% of
each year of service credit through 20 years. The Maximum
benefit is 75% of highest average salary.
The retiree must choose 1 of 4 options and cannot change the
option. The only exceptions are death of spouse, remarrying
and spouse is deceased, return to work of 1 year.
P.E.R.A. COMPARED TO I.C.M.A. BENEFITS CONT.
I.C.M.A. : Participant retires from employment.
The employee terminates service with employer.
Life of participant - the annuities are based on the
investment and the life expectancy of the employee. This will
continue until the account is exhausted.
10. MONTHLY SURVIVOR BENEFITS (in service death) : monthly annuity payments in
the event that something happens to the spouse while employed.
P.E.R.A. : If service related, the service credit of one year is
automatically waived.
Eligible children are the first recipients of the benefit
before any other survivors.
If the recipient has no children and has 1-10 years of service
credit the surviving spouse at age 60 will receive a 25%
annuity.
Employees with 10+ years of service credit the spouse will
receive a benefit based on years of service and the average
base salary. Begins regardless of age of surviving spouse and
does not stop if spouse remarries.
I.C.M.A. : Surviving spouse can receive either a lump sum, equal
payments, quarterly, semi-annual or annual payment until the
account is exhausted. No IRS penalty imposed on beneficiary.
11. TRUST AND INVESTMENT ACCOUNTS: who has control of the employee account.
P.E.R.A. : P.E.R.A. has total control of funds. Effective July 1, 1991
a member will earn interest (5.7%) on their contributions.
When an employee terminates and requests a lump sum benefit
the employee receives their contributions plus interest only.
The Towns portion is transferred into the Town's account to
fund retirees.
I.C.M.A. : The employee has control of their investment and employers
investment in any of 6 available funds. Transfers of funds
can be made by the 16th of a month from fund to fund.
Transfers are free.
P.E.R.A. COMPARED TO I.C.M.A. BENEFITS CONT.
12. REPORTS AND MAILINGS: different types of reports sent to the employees
regarding their account.
P.E.R.A. : An annual report of the employees account is mailed in March
of the following year showing the employees contribution for
the previous year and years of service credit accumulated.
The report is sent only to the employee and not the employer
for review.
A P.E.R.A. newsletter is mailed to employees 1-2 times a year
informing the employees of what is changing.
I.C.M.A. : Quarterly statements are mailed to the employer and employee.
An annual statement is also mailed.
A monthly newsletter RC Highlights is mailed to each
participant and also to the employer.
RESOLUTION
WHEREAS, the Town of Estes Park has sold bonds to finish construction of the Mary's
Lake Water Treatment Plant; and
WHEREAS, the Town has approved the purchase of a fire truck to be delivered prior
to December 31, 1991; and
WHEREAS, these contingencies could not have been reasonably foreseen at the time of
the adoption of the 1991 budget; and
WHEREAS,the Board of Trustees of the Town of Estes Park, Colorado,has determined
that it is necessary to finish construction of the Mary's Lake Water Treatment Plant and
purchase the fire truck, and deems it necessary to appropriate funds for the 1991 budget year
into said funds.
NOW,THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes
Park, Colorado:
1. That the Town of Estes Park hereby supplements the Water Fund 1991
. budget from $4,440,463 to$5,640,463. The source of revenue for this increase
is spending authority is the$1,200,000 1991 Water Bond issue.
2. The Town of Estes Park hereby supplements the General Fund 1991
budget from$6,414,620 to$6,771,620. The source of revenue for this increase
in spending authority is the$75,000 anticipated to be raised in donations for the
fire truck and a lease purchase for the balance(+/-)$285,000.
Dated this 10th day of December, 1991.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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• Gaming proves
a bad gamble
• Third in a series.
` One of the most rapidly growing segments of travel
and tourism in the U.S. is gaming, a $26 billion
• . industry that grew 12% a year between 1982 and
1990.
• Gaming takes many forms.These
include lotteries —usually to fund
the Triple E's (education, environ- •
ment and economic development),
casinos to revive rural communities, "
riverboats on the Mississippi operat-
ed by Iowa(low stakes)and Illinois
• (high stakes)to create jobs in slump-
' ing river cities, day-cruise casino
ships to spur Texas Gulf Coast tour- Philip
• ism, off-track betting in Wyoming,
and Nintendo-like video lottery ter- Burgess
minals that make it easy for anyone, sir®um
' • anyplace,anytime to gamble.
Gaming is stimulated by the appetites of state and
local governments for new sources of revenue.It is an
issue in nearly every state.Tribal-run gaming,with
about 100 operations, has grown rapidly since Con-
. gress passed the 1988 Indian Gaming Regulatory Act.
' These are troubling developments.The objections •
are many.Some are moral.Many people particularly
object to state government using modern methods of •
persuasion to get people to gamble.
Others object on equity grounds.There is growing •
• evidence that a disproportionate number of poor and
••• low-income people play lotteries and gamble.Accord-
ing to a recent report by gaming industry observer
Robert Goodman,up to one-third of poor people who
' gamble spend 20% of their income on gambling,
encouraged by the sophisticated advertising bought
and paid for by state government.
Thus,state governments try to expand their reve-
nues on the backs of poor people.And,lest we forget,
what the state calls its "gross revenues from gam-
, . , tiling" is another way of labeling "net losses by
citizens." Even lotteries,because they draw money
primarily from the limited disposable income of those
in the local economy, hurt Main Street by robbing
retail,one of the most troubled sectors of the U.S.
economy today.
. .. In the early stages of debate, gaming is often
presented as an economic development tool.Goodman
notes that,"(Community)leaders hail the coming of
casinos the way they once welcomed manufacturing
plants."
• But as gaming expands,so do the opportunities for
evaluation. Las Vegas, in a class of its own, is
booming. A diversified convention, entertainment,
sports and family destination,Las Vegas has become a
western Orlando.
Elsewhere,negative evidence mounts:the econom-
ic development pay-offs are meager; infrastructure
costs are high; the social impacts are severe. For
• example, gambling is the fastest-growing teen-age
addiction.Per capita crime in Atlantic City rose from
50th in the nation to first in just three years after the
first casino opened.The city itself is a mess.
• • The 1991 Travel Industry World Yearbook reports
that"today,Atlantic City,outside a thin row of large
spectacular casino hotels,is a decaying,seedy impov-
s `, erished town...which lost 20%of its residents"in
'` the past 12 years. Change a few words, and this
• description might fit one of the newest casino towns,
Deadwood,S.D.,which some describe as an open sore
in the Black Hills.
So,although people are divided on the moral issue,
it's increasingly clear that gaming is a bad idea for '
economic development. I
. , The rapid growth of travel and tourism has a dark
• side. Unfortunately, the dark side is government
sponsored,promoted and supported.
l' . It. Philip M. Burgess is president Hof the Center for the New
1 West in Denver. :.T� L4�
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MEMORANDUM
November 19, 1991
TO: H. Bernerd Dannels, Mayor
Board of Trustees
Gary F. Klaphake, Town Administrator
FROM: Richard D. Widmer
David J. Racine
William F. Linnane
SUBJECT: Pay Plan Advisory Committee Recommendations
•
The Pay Plan Advisory Committee,composed of Dave Racine, Bill Linnane,and Rich Widmer, has completed
its research into the Town's 1992 Pay Plan. Research was conducted by reviewing Colorado Municipal
League data, and by contacting other communities, organizations, and employers. The Committee's
recommendations for the 1992 Pay Plan are:
Market Adjustment (across-the-board) 2.50%
Merit Pool 1.50%
Benefits & Specific Grade Adjustments 0.75%
•
TOTAL 4.75%
Merit awards would continue to be based on yearly evaluations completed on all employees with any
resulting merit increase to become effective with the pay period closest to July 1.
The recommendation for benefits adjustment is, first, for the Town to provide term life insurance for all full
timepermanentpersonnel In the amount of 1 x the annual salaryupto a maximum of $50,000. This
• recommendation is based on the fact that out of 67 cities reporting data to CML, Estes Park was the only
city not providing some type of life insurance coverage. All other cities funded the coverage 100% except
for one, which funded at a 50% level. In order for our benefit package to remain competitive with market
• conditions, we believe it is important that this benefit be added. Secondly, we recommend the Town add
an organ transplant rider to its health insurance which would provide increased coverage for heart,
heart/lung, liver, and pancreas transplants. The relatively small premium is a good buy for up to$1,000,000
in coverage.
As a package, these recommendations will keep our pay grades and benefits competitive with the market,
while placing emphasis on rewarding performance, all of which is consistent with our organizational values
and good management practices.
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November 6, 1991
MEMORANDUM
TO: V'Pown Administrator Klaphake
Town Attorney White
FROM: Vickie O'Connor, Town Clerk
SUBJECT: Proposed Occupation License Ordinance Revisions
1. Amend reference (Ordinance 1-91) from "occupation" to
"business. "
2 . Add the following bold type to the second paragraph:
"Whereas, the Town has determined that the nature of the
following occupations, business and professions, including
accommodations and the relation of such businesses to the
Municipal welfare, as well as the relation thereof to the
expenditures required by the Town requires that each separate
occupation (to include the ownership of multiple businesses at
various physical locations) , business or profession shall be
subject to a license fee for the privilege of carrying on said
business, profession and occupation within the Town; . . "
3 . 5. 20. 010 Definitions - Add
Contractor: Any individual or firm, including, but not
limited to: Acoustical Contractor
Air Conditioning Contractor
Building Contractor
Cabinets & Cabinet Makers
Caulking Contractor
Ceiling Contractor
General Contractor
Remodeling & Repairing Contractor
Carpenter
Concrete Contractor
Counter Tops Contractor
Demolition contractor
Drilling & Boring Contractor
Dry Wall Contractor
Electrical Contractor
Excavating Contractor
Heating/Mechanical Contractor
Home Builder
Home Improvement Contractor
House Mover Contractor
Insulation Contractor
Landscape Contractor
Mason Contractor
Occupation License - Ordinance Revisions
November 6, 1991
Page two
Contractors - Cont'd.
Painting Contractor
Patio, Deck, Porch Buildings/Enclosure
Contractor
Paving Contractor
Plumbing Contractor
Road Building Contractor
Roofing Contractor
Septic Tanks & Systems Contractor
Siding Contractor
Sprinkler System Contractor
Swimming Pool Contractor
Tile/Ceramic Contractor
Waterproofing Contractor
4. Section 5. 20. 020 Occupation License Fee. Add the following
bold type to this paragraph: " . . . and the carrying on or
engaging in any home occupation, non-resident occupation, or
community special event, to include the ownership of multiple
businesses at various physical locations.
5. Section 5. 20. 030 Amount of License Fee. Add Contractors -
$100. 00 per year.
6. Section 5. 20. 060 Payment of License Fee. Paragraph A. Delete
the following sentence: "Any license fee which is unpaid as
of January 20th of each year, shall bear interest at the rate
of eighteen (18%) per annum until paid. "
Add: A payment plan is available in two (2) payments, with
the account to be paid in full on or before June 30th.
Paragraph B. Revise to read: Any retail business which
begins its business during a calendar year shall pay the
license fee for that portion of the calendar year, based upon
the date of opening of the business. The license fee shall be
prorated based upon the opening date of said retail business.
Said license fee shall be due and payable on the opening date,
and a business license shall be obtained by the owner of the
business prior to said opening. -- The intent is to require
all contractors to pay the $100 . 00 license fee regardless of
the time of year they obtain said license.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5 . 20,
• OF THE MUNICIPAL CODE OF THE TOWN OF
1 ESTES PARK, COLORADO, REGARDING
BUSINESS LICENSES .
i
( WHEREAS , the Town of Estes Park, Colorado , (the Town) is
authorized to license , regulate and tax any lawful occupation,
1 '' business or profession and fix the amount , terms and manner of
issuing and revoking licenses issued therefore, pursuant to
Section 31-15-501 (1) (c) C.R. S. ; and
WHEREAS , the Town has determined that the nature of the
following occupations, businesses and professions, including
accommodations and the relation of such businesses to the
? Municipal welfare, as well as the relation thereof to the
expenditures required by the Town requires that each separate
` ' occupation, business or profession, including the ownership of
,N multiple businesses at separate physical locations, shall be
subject to a license fee for the privilege of carrying on said
.,1 business, profession and occupation within the Town; and
WHEREAS, the Town has determined that the classification of
the following occupations, businesses and professions, including
accommodations is reasonably proper, uniform and non-discrimina-
tory and that the amount of the license fee imposed by this
' ', Chapter is reasonably proper and non-discriminatory and necessary
_, for a just and proper distribution of Municipal costs and
obligations within the Town.
1
y., BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
:d PARK, COLORADO:
1
Section 1 . Chapter 5 . 20 of the Municipal Code is amended in
its entirety as follows :
, 5 . 20 . 010 Definitions. In this Chapter, the following words
1 and phrases shall have the following meanings :
Person: Anyindividual , firm, partnership, joint
P P J
:I venture, corporation, estate or trust, receiver,
trustee, assignee, lessee or any person acting in a
Y fiduciary or representative capacity, whether appointed
by a Court or otherwise, or any group or combination of
:, the above acting as a unit, and includes a plural as
well as a singular number.
Owner: The person owning any business , profession
• or occupation. In the event that the owner is a
"t non-resident or cannot be located by the Town, the
0.1 operator , manager or lessee of any such business ,
' profession or occupation shall be deemed an owner for
all purposes of this Chapter.
Accommodation: The leasing , rental, or furnishing
of any room, mobile home site , recreational vehicle
site, camp site or other accommodation in any hotel,
motel, guest house, bed and breakfast, apartment,
dormitory, mobile home park, recreational vehicle park
or campground, or any such similar place to any person
who, for a consideration, uses , possesses or has the
right to use or possess such room, site or other
accommodation for a total continuous duration of less
than 30 days.
Accommodation Unit: Each individual room, set of
rooms, site, or divided area rented, leased or occupied
on a unit basis in an accommodation.
Home Business: A business, profession or occu-
pation conducted within or from a dwelling by a
resident thereof as an accessory use to the residential
use of the dwelling.
Non-resident Business : A business, profession or
occupation whose business premise is located outside
the corporate limits of the Town but is otherwise
subject to the terms of this Chapter.
Community Special Events : Any event at which a
business, profession or occupation is conducted where
goods, wares , merchandise, service or the performing or
rendering of service , for charge is conducted or
sponsored by a non-profit association or organization.
Building Contractor: A business, profession or
occupation whose primary business is the physical
construction of structures and their appurtenances ,
including but not limited to:
Acoustical Contractor
Air Conditioning Contractor
Cabinets & Cabinet Makers
Caulking Contractor
Ceiling Contractor
General Contractor
Remodeling and Repairing Contractor
Carpenter
Concrete Contractor
Counter Tops Contractor
Demolition Contractor
Drilling & Boring Contractor
Dry Wall Contractor
Electrical Contractor
Excavating Contractor
Framing Contractor
Heating/Mechanical Contractor
Home Building
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Home Improvement Contractor
House Mover Contractor
Insulation Contractor
Landscape Contractor
Mason Contractor
Painting Contractor
Patio, Deck, Porch, Building/Enclosure
Contractor
Paving Contractor
Plumbing Contractor
Road Building Contractor
Roofing Contractor
Septic Tanks & Systems Contractor
Siding Contractor
ti Sprinkler System Contractor
Swimming Pool Contractor
Tile/Ceramic Contractor
Waterproofing Contractor
1 5. 20 . 020 Business License Fee . There is hereby imposed a
business license fee on the privilege of carrying on or engaging
in any business , profession or occupation within the Town, which
business, profession or occupation consists of the selling of
goods, wares, merchandise or service; the performing or rendering
of service, for charge; the leasing, renting, or furnishing of
accommodation units; and the carrying on or engaging in any home
business, non-resident business, or community special event.
Each business, profession or occupation conducted at a separate
physical location, regardless of ownership, shall pay a business
license fee.
5 . 20 . 030 Amount of License Fee . The occupation license fee
is set forth as follows :
A. Accommodations:
5 units or less - $150 . 00 per year
`£ 6 to 20 units - 260 . 00 per year
21 units or more - 375. 00 per year
B. All other occupations,
including, but not limited
to Home Occupation,
Non-resident Occupation
s.; and Community Special
Events - $200 . 00 per year
.'f
C. Building Contractor - $100 . 00 per year
5 . 20 . 040 Business License. Every person who is the owner of
any business, profession or occupation, including owners of mul-
j tiple businesses at separate physical locations, which is subject
to the business license fee set forth in this Chapter, shall ob-
-! tain a business license from the Town prior to the engaging in
any business, profession or occupation within the Town.
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5. 20 . 050 Form of The License , Non-Transferability. Each
business license shall be numbered and shall show the name, and
place of the business of the licensee and shall be posted in a
conspicuous place on the business premise for which it is issued.
No license shall be transferable.
Section 5 . 20 . 060 Payment of License Fee.
A. The owner of each business , profession or occupation,
subject to the provisions of this Chapter, shall pay the
business license fee for each calendar year in which they engage
in any business, profession or occupation within the Town. Said
fee shall be due and payable on or before January 20th of each
calendar year. Any owner may pay one-half of the business
license fee on or before January 20th of each calendar year and
the other one-half on or before June 30th of each calendar year.
B. Any new business, profession or occupation which begins
its business during a calendar year prior to September 1st of 4
each calendar year shall pay the business license fee for that,'9
calendar year. Any new business, profession or occupation which
begins its calendar year after September 1st of any calendar year
shall not pay a business license fee for that calendar year.
5 . 20 . 070 Violation. It shall be a violation of this
Chapter for an owner of a business, profession or occupation or
any person subject to the business license fee imposed herein to
fail or refuse to make payment to the Town of said fee or in any
other manner to evade the collection and payment of the fee or
any part thereof imposed by this Chapter.
5 . 20 . 080 Revocation of License . The Town, after giving
written notice to the owner of any business, occupation or
profession who has either failed to pay the fee or part thereof
due, may revoke the license of said owner. Upon revocation of
the license, the owners ' right and privilege to conduct the
business, profession or occupation within the Town is terminated.
5 . 20 . 090 Reinstatement of License . If a business license
has been revoked by the Town, the owner of any business, pro-
fession or occupation wishing to reinstate said license may apply
to the Town for reinstatement, tendering with said application
the total fee due.
5 . 20 . 100 Inspections. The Town shall be entitled at any
time, upon reasonable notice to the owner of any business,
profession, or occupation, to inspect the premises occupied by
the business, profession or occupation for the purpose of
ascertaining compliance with the terms and conditions of this
Chapter. In the event that such inspection reveals that the
business license fee charged to said business, profession or
occupation is in fact erroneous, an adjustment shall be made by
the Town of the license fee .
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5 . 20 . 110 Chapter Exceptions . The provisions of this
Chapter shall not apply to any business, profession or occupation
licensed under any other Town ordinance and paying a license fee
to engage in such business, profession or occupation, other than
sales tax licenses, nor to any business, profession or occupation
paying another business license fee or tax to the Town.
Section 2 . If any section, paragraph, clause or provision
of this Ordinance shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of
the remaining provisions of this Ordinance, the intent being that
the same are severable.
Section 3. The effective date of this Ordinance shall be
January 1, 1992 .
Section 4. The adoption of this Ordinance is hereby
declared an emergency due to the fact that it is necessary for
this Ordinance to be in force and effect on January 1 , 1992; and
WHEREAS, it is the opinion of the Board of Trustees that an
emergency exists and this Ordinance shall take effect immediately
after its passage, adoption and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS DAY OF , 1991 .
a
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
��' -5-
I hereby certify that the above ordinance was introduced and
read at a meeting of the Board of Trustees on the day of
, 1991 , and published in a newspaper of general
publication in the Town of Estes Park, Colorado, on the day
of , 1991 .
Town Clerk
,
•
,
T
r.i
i
.r�
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 . 04
OF THE MUNICIPAL CODE OF THE TOWN
OF ESTES PARK, THE SAME RELATING TO
MUNICIPAL ELECTIONS
WHEREAS, the Board of Trustees has determined that it is
necessary to amend Chapter 2 . 04 of the Municipal Code of the Town
of Estes Park.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO.
Section 1 . Section 2 . 04 . 012 is hereby added to read as
follows :
2 . 04. 012 Write in Candidate Affidavit. In any special or
regular election for election of any member to the Board of
Trustees, no write in vote for any person shall be counted unless
an Affidavit of Intent has been filed with the Town Clerk by the
person whose name is written in, prior to twenty (20) days before
} the date of the election, indicating that such person desires the
office and is qualified to assume the duties of that office, if
elected.
Section 2. Section 2 . 04 . 016 is hereby added to read as
follows :
i 2 . 04 . 016 Cancellation of Elections. In any special or
regular election for a member or members to the Board of
Trustees; if the only matter before the voters is the election of
persons to office and if, at the close of business on the 19th
day before said election there are not more candidates than
offices to be filled at such election, including candidates
filing Affidavits of Intent, the Town Clerk, if instructed by
resolution of the Board of Trustees, either before or after such
date, shall cancel the election and by resolution, declare the
candidates elected.
Section 3 . This ordinance shall take effect and be enforced
thirty (30) days after its adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS DAY OF , 1991 .
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
ii
TOWN CLERK
p.
I hereby certify that the above Ordinance was introduced and read
at a meeting of the Board of Trustees on the day of
1991, and published in a newspaper of general circulation in the
Town of Estes Park, Colorado on the day of , 1991 .
Town Clerk
1
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