HomeMy WebLinkAboutPACKET Town Board Study Session 2018-06-26
Tuesday, June 26, 2018 TOWN BOARD 5:15 p.m. – 6:40 p.m.
STUDY SESSION Board Room
5:00 p.m. - Dinner
5:15 p.m. Business License Fees.
(Town Clerk Williamson)
6:00 p.m. Review of Policy 103 – Town Board Code of Conduct and
Operation Principles.
(Administrator Lancaster)
6:35 p.m. Trustee & Administrator Comments & Questions.
6:40 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:45 p.m. Adjourn for Town Board Meeting
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:45 p.m.
AGENDA
2
ADMINISTRATIVE SERVICES Report
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Administrative Services Director/Town Clerk
Date: June 26, 2018
RE: Business License Fee
Objective:
To review the business license fee structure and proposed changes to the Municipal
Code related to business licensing and receive direction from the Town Board.
Present Situation:
At the April 10, 2018 meeting, the Town Board was presented with Ordinance #07-18
amending Municipal Code Chapter 5.20 Business Licenses to address a number of
issues including types of businesses required to obtain a business license, adding
mobile food vending licensing and individual service contractor, add a fee for mobile
food vending and restructuring the fee for Bed & Breakfasts to be in line with vacation
homes, etc. Attached for your reference is Town Attorney White’s memo, see Exhibit A.
During the Board discussion it was determined a study session should be conducted to
review the business license fee structure to determine if the fees should be adjusted
prior to addressing other code amendments.
At the November 28, 2017 Town Board meeting, Ordinance #31-17 was passed
revising the Estes Valley Development Code to permit Bed & Breakfasts with 8 or less
guests as a use by right in all residential zoning districts and 9 or more guests through a
Special Review application. The permitting/licensing requires the same level of
processing, including an inspection, as a vacation home; therefore, staff recommends a
similar fee structure, $200 base fee and $50 per bedroom. The current fee is $150 per
Bed & Breakfast registration.
At February 13, 2018 Town Board meeting, Ordinance #37-17 was passed revising the
Estes Valley Development Code to add mobile food vending as an allowed use in most
commercial zoning district. The Municipal Code has not been updated to address the
new business type or the fee to conduct business within town limits. Therefore, the
Clerk’s office has licensed mobile food vending businesses through the General
Business category and collecting a $200 business license fee.
3
Proposal:
The Clerk’s office has compiled data for review by the Board, including a history of
business license fees from 1917 – 2001, Exhibit B, licensing fees collected by other
jurisdictions, licensing fee scenarios, revenue projections for the proposed licensing
scenarios, and cost estimate of staff time to complete the licensing process per license
type, i.e. General, Contractor, Home, Accommodation, Mobile Food Vending, Bed &
Breakfast and Vacation Home registrations.
The Town Clerk’s office has been collecting data on business licensing fees utilizing the
annual compensation study comparison communities. Exhibit C contains a summary of
the data collected. A high-level review of the data finds the highest business license fee
charged in Aspen of $750 and the lowest fee of $10 in Windsor. The average fee is
approximately $75 utilizing the lowest fee reported per community. Four communities
have no business licensing fee. Late fees are collected from half of the communities
surveyed.
The Clerk’s office has developed a number of licensing fee scenarios and revenue
projections, see Exhibit D, for the Board to review, including maintaining the current fee
for new licenses and reducing the fee if renewed on time over a 3 year period;
restructuring the fee schedule to have one fee for all business license types excluding
vacation homes and B&Bs and reducing the fee over 3 years if renewed annually;
reduce the fee by half the current rate and add a late fee equivalent to the license fee or
half the cost of the license fee; and a reduced fee for accommodations with a base fee
and per room fee structure similar to vacation homes. The Clerk’s office has not
proposed scenarios for vacation homes at this time because the fee structure has only
been in place for a year and half. More time is needed to determine the level of staff
time needed to address code enforcement issues moving forward.
The Clerk’s office used the 2017 business license database to provide revenue
projections for each of the scenarios listed above. The Town collected approximately
$268,000 in business licensing fees for all business types with the exception of vacation
homes in 2017. All proposed scenarios demonstrate a decrease in revenues from the
smallest decrease of approximately $20,000 with a $25 reduction in the fee to a high of
approximately $200,000 with a reduction of the fee from $200 to $50. Reduction in the
revenues varies depending on the scenario.
Scenarios in which the fee is reduced over a 3-year period with timely renewals seems
to have merit when you review the staff time needed to complete business license
renewals versus the initial licensing, see Exhibit E. These scenarios would also reduce
revenues over a period of time and allow the Town time to adjust to the decrease in
revenues. Staff would recommend these fee structures include non-resident
businesses as well. Currently if a non-resident business does not renew during a
calendar year there is no penalty. The non-resident business must pay the full $200 fee
before conducting business in Town no matter when during the calendar year the work
is conducted. If the non-resident business maintains their license they would pay the
reduced fee. This could increase revenues over those projected.
Staff also finds merit in adding a penalty fee for not obtaining a business license and for
not renewing the license on time. Each year the Clerk’s office and the Police 4
department spend unnecessary hours tracking down and collecting payments from
business owners because the only penalty is a $20 late fee unless a summons is
issued. On average the Town Clerk’s office has 60 to 100 licenses that do not pay the
renewal fee by March 31st and require extra staff time to address. A significant penalty
would decrease the number of late payments the Clerk’s office would have to address.
Advantages:
• To align Town business license fees with the communities the Town uses to
complete its annual compensation study.
Disadvantages:
• The Town would realize a decrease in revenues which would need to be offset by
expenditures.
Action Recommended:
If the Board consensus is to reduce the business licensing fees, staff would recommend
a scenario which reduces the fees over a period of time for all business license with the
exception of vacation homes and bed and breakfasts license and include a penalty fee
to encourage timely renewals in order to reduce the staff time spent on these renewals.
Staff requests direction from the Town Board on the fee schedule in order to bring
forward a revised Ordinance to address the items outlined in Attorney White’s memo of
April 10, 2018 and if appropriate update the fees outlined in the Municipal Code.
Finance/Resource Impact:
A reduced fee structure for business licensing would have an impact on the revenues
collected and would have to be offset by a reduction in expenditures. See Exhibit E for
more details.
Level of Public Interest
Moderate – the fee structure would directly impact the local businesses.
Attachments
Exhibit A – April 10, 2018 Memo from Greg White
Exhibit B – Business Licensing Fee History
Exhibit C – Benchmark Communities Business Licensing Comparison
Exhibit D – Licensing Fee Scenarios and Revenue Projections
Exhibit E – Staff Costs to Process Business Licenses
5
EXHIBIT A
Town Attorney Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: April 2, 2018
RE: Ordinance No. 07-18 Amending Chapter 5.20 of Estes Park Municipal
Code Relating to Business Licenses
Objective:
Review, and if appropriate, adopt Ordinance No. XX-18 which amends Chapter 5.20
Business Licenses of the Municipal Code.
Present Situation:
The Town’s Business License Ordinance, Chapter 5.20 of the Municipal Code, needs to
be amended to address and clarify issues with regard to the types of businesses,
occupations, and professions which are required to obtain and maintain a business
license, differentiate between certain types of business licenses, adjust the fees for
business licenses, and address administration of business licenses. The amendments
to Chapter 5.20 of the Municipal Code set forth in Ordinance XX-18 address the
following:
•Updates the definitions to clarify the definitions of individual accommodation
units, vacation homes, bed and breakfast inns, mobile food vending, and
individual service contracting.
•Clarify that individual accommodation units, i.e. condos, which are individually
owned and operated as vacation homes, are required to obtain an individual
business license.
•Establish the fee for all businesses which provide accommodations including
vacation homes, bed and breakfast inns, individual accommodation units at $200
plus $50 per each bedroom.
•Establishes the fee of $25 for an outdoor mobile food vendor license and
individual service contractor license.
•Clarifies that all businesses required to have a sales tax license in Colorado shall
provide a copy of the current sales tax license at the time of obtaining a business
license.
•Provides exceptions to certain categories to obtain and maintain a business
license including businesses, professions, or occupations, operating solely in
property owned by the Town, the Estes Valley Recreation and Park District, the
Park School District; professional performing artists; and any organization/entity
having tax exempt status.
6
The Town Staff is recommending approval of Ordinance XX-18 which amends Chapter
5.20 of the Municipal Code.
Advantages:
Updates and clarifies the requirements for business, professions, and occupations to
obtain and maintain a business license, adds and amends business license fees, and
provides exemptions for certain categories of businesses.
Disadvantages:
None.
Action Recommended:
Adoption of Ordinance XX-18.
Budget:
It is anticipated that revenues from business licenses will increase if Ordinance XX-18 is
adopted.
Level of Public Interest
Medium.
Sample Motion:
I move to adopt/not adopt Ordinance XX-18 Amending Chapter 5.20 to Estes Park
Municipal Code relating to Business Licenses.
Attachments:
Ordinance No. XX-18.
EXHIBIT A
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Exhibit B
History of Business License Fee from 1917 - 2018
Ordinance #8 – June 11, 1917
Shows & Exhibitions License - $2/day, $2.50, week, $5/month, and $15/ four months
Peddlers License - $2/day, $10/week and $25/month (Violation Fee - $5 not more than $25)
Automobile/Motor Carry Licenses - $25/year
Popcorn Stand and Gaming Tables - $10/stand or table per year, $2.50/per add’l table
Ordinance #17 – June 22, 1920
Shows & Exhibitions License - $2/day, $2.50, week, $5/month, and $15/four months
Peddlers License - $2/day, $10/week and $25/month (Violation of not having a license - $5
not more than $25)
Automobile/Motor Carry Licenses - $50/year
Popcorn Stand and Gaming Tables - $10/stand or table per year, $2.50/per add’l table
Ordinance #79 - April 5, 1938
$25/year to carry on business
$300 penalty for not maintaining a license
Ordinance #167 – January 28, 1957
$35/year to carry on business
Ordinance #13-89 – December 12, 1989
$75/year to carry on business
Ordinance #01-91 –February 12, 1991
$150(5 or less), $260 (6 – 20), $375 (21 or more)/year Accommodations
$200/year including all other occupations including, but not limited to home occupation, non-
resident occupations, and community special events
Ordinance #19-91 –November 26, 1991
$150(5 or less), $260 (6 – 20), $375 (21 or more)/year Accommodations
$200/year including all other occupations including, but not limited to home occupation, non-
resident occupations, and community special events
$100/year Building Contractor
Ordinance #11-94 – November 8, 1994
$150(5 or less), $260 (6 – 20), $375 (21 or more)/year
$200/year including all other occupations including, but not limited to non-resident
occupations, and community special events
$200/year Building Contractor
8
$100/year Home Occupation
Ordinance #20-98 – October 27, 1998
$50/year Short Term Rental
Ordinance #21-98 – November 10, 1998
$150/year Short Term Rental
Ordinance #20-01 – December 11, 2001
$150(5 or less), $260 (6 – 20), $375 (21 or more)/year Accommodations
$200/year including all other occupations including, but not limited to non-resident
occupations, and community special events
$200/year Building Contractor
$100/year Home Occupation
$150/year Short Term Rental
9
CITYPOPULATIONIN TOWN BL FEEBLDG. CONTR.SHORT TERM VENDOR FEE ACCOM. HOME BLSHORT TERM RENTALMOBILE FOODOUT OF TOWN BL LATE FEEPRO‐ RATION COMMENTSASPEN, CITY 6,500$150, 200, 400, 750 $150+ n/a n/a $150+ $150+ n/a $150+ 0 NFee based on # of employees 0‐5 =$150, 50+ =$750AVON, TOWN 6,700 $200 n/a $25 n/a $50 $75 n/a $25$25(30 days after expiration) N $15 fee for paper fillingBLACK HAWK, CITY 118 $50 n/a n/a $30‐110 $15 $30‐110 n/a n/a 0 NBL fee + Occupational Tax $15‐1,500(movie theater)BOULDER, CITY 100,000 $25 n/a n/a $25 $25 n/a n/a n/a n/a NNon refundable/ non transferable (sales & use tax 1‐time fee)BRECKENRIDGE, TOWN 4,500$200+10/ employee n/a $50 (<4 MO)$200+ $10/ EMPLOYEE+ $50/ BDM$50 (+$60 1x Class D permit)$75+ $25/BDM to $175 n/a $100 10% YFee based on # of employees +$10/employee or bdrm #BRIGHTON, CITY 30,000 $40 n/a n/a n/a $40 n/a $50 n/a 0 N Refundable, $15 Renewal feeBROOMFIELD, CITY 69,648 $0 $0 $0 $0 $0 $0 $0 $0 0 N Require a sales tax license onlyCENTRAL CITY, CITY 515 $25 n/a n/a n/a n/a n/a n/a n/a 5% of last tax N Non transferable, $10 renew feeCRIPPLE CREEK, TOWN 1,189 $150 $150 n/a n/a $150 n/a n/a n/a $300 Yfee decreases each year to $75 then $25 for all remaining yrs of operation. Non transferableDACONO, TOWN 5,000 $25‐150$10/day $50/wk $100/mo $100/MO n/a $25$20/ day $100/yr n/a $5 Y Based on premises sizeDILLON, TOWN 904 $60 n/a n/a n/a $80 $60 n/a n/a 1%/MO NExhibit C ‐ Benchmark Communities Business License Comparison10
DURANGO, CITY15,254 $30+ n/a$750 $55 $50 $25 n/a n/a $30 NPlus Based on # of Employees $50‐$122. Non‐transferableERIE, TOWN2,500 $50 n/an/a n/a $25 n/a n/a n/a0 N TransferableESTES PARK, TOWN6,017 $200 $200$200 150‐375 $100 200+50/bdm $200 $2000 YEVANS, CITY21,000 $25$25 ‐ 1 day, $50 ‐1 wk, $75 ‐ 1 mo, $100/ quarter $6 $25 n/a n/a n/aincrease to 50 NIncludes sales tax license. Non refundableFIRESTONE, TOWN 12,096 $50 n/a n/a n/a $50 n/a n/a n/a 10%+5%/mo YFORT COLLINS, CITY 167,500 $0 $0 $0 $025 (biennial) $0 $0 $0 0 N Sales tax LicenseFREDERICK, TOWN 11,000 $25‐150 n/a$10/day $100/mo n/a $25 n/a n/a n/a Yes N BL fee based on location size.FRISCO, TOWN 2,800 $75 n/a $25/day n/a n/a $75 n/a 25/daynot determined Y Non refundable/non transferableGLENWOOD SPRINGS, CITY 9,250$50 (biennial) n/a n/a n/a n/a 110/permit n/a n/a 0 Y Non refundableGREELEY, CITY 95,288 $0 $0 $0 $0 $0 $0 $0 $0 0 n/aJOHNSTOWN, TOWN 15,389 $50 n/a n/a n/a n/a $50 n/a n/a 0 YLAFAYETTE, CITY 28,278 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Business License is not requiredLONGMONT, CITY 92,852 $25 n/a n/a n/a n/a n/a n/a n/a 0 NOne time processing fee Includes Sales Tax licLOUISVILLE, CITY 18,376 $25 n/a $25 $25 0 NSales & Use Tax License. Non transferableLOVELAND, CITY 75,019 $0 n/a n/a n/a n/a n/a $25 n/a n/a N Non refundableLYONS, TOWN 2,033 $50 n/a n/a n/a $50 n/a n/a n/a 10%+5%/mo N RefundableMEAD, TOWN $30 n/a n/a n/a n/a n/a n/a n/a 30/mo YRefundable, Non transferable $5 Change feePALISADE, TOWN 3,031 $50 n/a $10/day n/a $50 n/a n/a n/a 0.5 NPLATTEVILLE, TOWN 2,750 $25 $25 n/a n/a n/a n/a 75 TUP n/a 10%+5%/mo NRefundable, Non transferable $5 Change feeSILVERTHORNE, TOWN 4,031 $75 n/a n/a n/a $75 $75 n/a n/a $10/mo NRefundable, Non transferable, License print fee $2511
SNOWMASS VILLAGE, TOWN 2,826 85? n/a $15 n/a n/a n/a n/a n/a $50 NSTEAMBOAT SPRINGS, CITY 12,088 n/a n/a n/a n/a n/a$500 Initial $75 Renewal n/a n/a 0 N Sales tax License onlySUPERIOR, TOWN 12,000 $50 n/a n/a n/a n/a n/a n/a n/a 0 NOnly required if collecting sales tax. NontransferableTELLURIDE, TOWN 2,400110+ upto $2875 (100 Emp.) n/a n/a$165+ $22/brm or $66/brm (lodging) n/a 165+22/bdrm n/a n/a$15 or 5%/mo upto 25% of amount due NLicense fees depend upon employee # 110‐2875(100 empoyees)VAIL, TOWN 5,000 243.75‐325243.75‐325 n/a n/a 112.50‐150 $150 n/a n/a 10%of fee YAdditional fees for BL type, employee #, location size. Nonrefundable, transferableWESTMINSTER, CITY 113,130 $0 n/a n/a n/a $0 n/a n/a $0 0 N Home BL non tranferableWINDSOR, TOWN 25,000 $10 n/a n/a n/a n/a n/a $10 n/a 0 N Includes Sales taxWINTER PARK, TOWN 964 $60 n/a n/a n/a n/a $60 n/a n/a n/a N Nonrefundable, Nontransferable12
Exhibit D
Licensing Fee Scenarios
Scenario 1: Initial business license fee of $200/$100 which decreases each year by
$50 and becomes static at $100/$50. A late fee equivalent to the initial fee would be
accessed in addition to the current fee.
Initial year $200/$100 Year 2: $150/$50 Year 3: $100/$50
Scenario 2: Initial business license fee of $200/$100 which decreases each year by
half and becomes static at $50/$25. A late fee equivalent to the initial fee would be
accessed in addition to the current fee.
Initial year $200/$100 Year 2: $100/$50 Year 3: $50/$25
Scenario 3: Each business license would have the same fee schedule without
differentiation between General, Contractor, Accommodations or Home. The fee
schedule would follow Scenario 1 or 2, with a late fee equivalent to the initial fee in
addition to the current fee.
Initial year $200 Year 2: $150 Year 3: $100
or
Initial year $200 Year 2: $100 Year 3: $50
Scenario 4: Licensing fee of $100 for General and Contractor; $50 for Home. A late fee
equivalent to the licensing fee would be accessed in addition to the current fee.
License fee $100/$50 Late fee $100/$50
Scenario 5: Licensing fee of $100 for General and Contractor; $50 for Home. A late fee
of 50% of the base fee would be accessed in addition to the current fee.
License fee $100/$50 Late fee $50/$25
Scenario 6: Each business license would have the same base fee without
differentiation between General, Contractor or Home. A late fee of 50% of the base fee
would be accessed in addition to the current fee.
Accommodations Scenario: An accommodations business license would have a base
fee of $50 with a $10 fee per unit. A late fee would be accessed following the
stipulations in scenarios 1-6.
*Accommodations holding a liquor license, the business license is included with the
liquor license.
13
Total
$150 $260 $375
BL in 2017
575 with 30
prorated
543 with 89
Prorated
139 with 23
Prorated 630 31
Revenue of 2017 $117,550 $115,850 $14,850 $900 $7,800 $11,625 $268,575
BL in 2017 605 632 162 6 30 31
Reduced fee by
$25 $105,875 $110,600 $12,150 $750 $7,050 $10,850 $247,275
Reduced fee by ‐
$50 $90,750 $94,800 $8,100 $600 $6,300 $10,075 $210,625
Reduced fee by
$75 $75,625 $79,000 $4,050 $450 $5,550 $9,300 $173,975
Reduced fee by
1/2 $60,500 $63,200 $8,100 $450 $3,900 $5,813 $141,963
Reduced fee by
3/4 $30,250 $31,600 $4,050 $300 $1,950 $2,914 $71,064
605* BL
starting at
$200
632* BL
starting at
$200
162* BL
starting at
$100
Year 1 $121,000 $126,400 $16,200 $284,280
Year 2 $90,750 $94,800 $8,100 $214,330
Year 3 $60,500 $63,200 $8,100 $152,480
Late fee est.
based on 2017 34 Late BL 12 Late BL 17 Late BL
$6,800 $2,400 $1,700 $11,630
605* BL
starting at
$200
632* BL
starting at
$200
162* BL
starting at
$100
Year 1 $121,000 $126,400 $16,200 $284,280
Year 2 $60,500 $63,200 $8,100 $150,805
Year 3 $30,250 $31,600 $4,050 $84,905
Late fee est.
based on 2017 34 Late BL 12 Late BL 17 Late BL
$6,800 $2,400 $1,700 $11,630
Exhibit D ‐ Business License Cost
Estimates
Scenario 1 w/ Accom.
Scenario 2 w/ Accomm.
2 Late BL (fee depends
on unit #)
$730
$730
68* BL starting at
$50+10/unit
$20,680
$19,005
$19,005
68* BL starting at
$50+10/unit
$20,680
$20,680
$20,680
2 Late BL (fee depends
on unit #)
*Assumes all BL are new
Accommodations BLGeneral BL
$200
Bldg. Contr.
BL $200 Home BL $100
Mobile
Food BL
$200
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Year 1 $293,400
Year 2 $220,050
Year 3 $146,700
Year 1 $293,400
Year 2 $146,700
Year 3 $73,350
Late fee est.
based on 2017
$13,000
605 BL
starting at
$100
632 BL
starting at
$100
162 BL starting
at $50
$60,500 $63,200 $8,100 $150,805
Late fee est.
based on 2017 34 Late BL 12 Late BL 17 Late BL
$3,400 $1,200 $850 $6,180
605 BL
starting at
$100
632 BL
starting at
$100
162 BL starting
at $50
$60,500 $63,200 $8,100 $150,805
Late fee est.
based on 2017 34 Late BL 12 Late BL 17 Late BL
$1,700 $600 $425 $3,090
$19,005
2 Late BL (fee depends
on unit #)
$365
$19,005
2 Late BL (fee depends
on unit #)
$730
68 BL starting at
$50+10/unit
Scenario 3 w/ Scenario 1
Scenario 3 w/ Scenario 2
Scenario 4 w/ Accomm.
Scenario 5 w/ Accomm.
65 Late BL
$13,000
68 BL starting at
$50+10/unit
$146,700
1467* BL starting at $200
$293,400
$146,700
73350
1467* BL starting at $200
$293,400
$220,050
15
$314,080
Late fee est.
based on 2017
$6,865
$240,730
Late fee est.
based on 2017
$5,240
$167,380
Late fee est.
based on 2017
$3,615
$94,030
Late fee est.
based on 2017
$1,990
63 Late BL
$6,500
1467 BL starting at $150
68 BL starting at
$20,680
68 BL starting at
2 Late BL (fee depends
on unit #)
$365
$220,050
Scenario 6
2 Late BL (fee depends
on unit #)
$365
63 Late BL
$4,875
1467 BL starting at $100
$146,700
63 Late BL
$3,250
1467 BL starting at $50
$73,350
63 Late BL
$1,625
1467 BL starting at $200
$293,400
$20,680
68 BL starting at
$20,680
68 BL starting at
$20,680
2 Late BL (fee depends
on unit #)
$365
2 Late BL (fee depends
on unit #)
$365
16
Exhibit E
Staff Costs for Licensing
All Staff costs are based on $30/hour to be consistent with Open Records Policy
*Material costs have not been included in this estimate.
Business Licensing Procedures by License Type
“Out of Town” & Mobile Food Vendor Business Licenses:
•Initial conversation with business owner or representative about licensing
process, appropriate license type, and requirements
•Application and payment intake
•Data entry and payment processing
•Issuing the Business License and mailing
•Filing application electronically and physically
An average processing time of 36 minutes or .60 hours per license.
An approximate cost of $18.
For the 2017 calendar year, 236 new “Out of Town” Business Licenses were
received. It took an average of 141.6 hours for staff to process those Business
License in 2017.
“In Town” Business Licenses:
•Initial conversation with business owner or representative about licensing
process, appropriate license, and requirements
•Application and payment intake
•Data entry and payment processing
•Routing application to Community Development for approval
o Approval process consists of researching the address of the business
•Issuing the Business License and mailing
•Filing application electronically and physically
An average processing time of 64 minutes or 1.07 hours per license.
An approximate cost of $32.10.
For the 2017 calendar year, 79 new “In Town” Business Licenses were received.
It took an average of 84.53 hours for staff to process those Business License in
2017.
Additional Services for all Business Licensing:
•Sales Tax License verification
•Licensing updates (i.e. Information update, relocation)
•Renewal processing
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Business Licensing Renewals:
•Preparing/creating the renewal form
•Preparing the list of businesses eligible for renewal
•Printing, stuffing, and mailing of renewal forms
•Renewal and payment intake
•Data entry and payment processing
•Issuing the business license and mailing
•Filing renewal form
An average processing time of 32 minutes or .53 hours per renewal.
An approximate cost of $15.90.
For the 2018 calendar year, 1478 business licenses renewals were mailed. It
took an average of 783 hours for staff to process those business license
renewals for 2018.
Additional Services for all Business Licensing Renewals:
•Sales Tax License verification
•Licensing updates
Vacation Home (VHR) & Bed & Breakfast (BNB) Registrations:
•Initial conversation with VHR/BNB owner about licensing process and
requirements
•Explanation of waitlist processing
•Application and payment intake
•Verification of zoning
•Data entry and payment processing
•Sales Tax License verification
•Routing to Community Development for inspection
•Community Development researches the property, creates inspection packet,
receives Neighbor Notification Affidavit, schedules and performs inspection of the
property.
•Routing to Clerk’s Office for data entry
•Routing to Utility Billing for utility conversion
•Issuing the registration and mailing
•Filing application electronically and physically
An average processing time of 180 minutes or 3 hours per registration.
An approximate cost of $90.
984 VHR & BNB applications have been received since January 2017. Town
Staff has spent an average of 2,952 hours processing VHR & BNB applications
since January 2017.
Additional Services for all VHR & BNB Registrations:
18
•Reinspection
•Change of Information (i.e. Property Manager change, name change, contact
information)
•Waitlist entry
•Registration withdrawal (affect Clerk’s Office, Community Development, and
Utility Billing)
•Violation
•Renewal processing
VHR & BNB Renewals:
•Preparing/creating the renewal form
•Preparing the list of registrations eligible for renewal
•Printing, stuffing, and mailing of renewal forms
•Renewal and payment intake
•Data entry and payment processing
•Sales Tax License verification
•Routing to Community Development for advertising verification
•Issuing the registration and mailing
•Filing renewal electronically and physically
An average processing time of 70 minutes or 1.17 hours per renewal.
An approximate cost of $35.10.
For the 2018 calendar year, 690 VHR applications were mailed. Town Staff has
spent an average of 807 hours processing VHR renewals since for 2018.
Additional Services for all VHR & BNB Renewals:
•Violations
•Registration withdrawal (updated in Clerk’s Office, Community Development, and
Utility Billing)
19
20
Effective Period: Until Superseded
Review Schedule: Biannually-Following Town Elections
Effective Date: July 26th, 2017
References: Governing Policy 1.2
TOWN BOARD GOVERNANCE POLICY
103
g .____,@
Town Board Code Of Conduct And Operating Principles
1.PURPOSE:
The Board of Trustees shall operate in an ethical and businesslike manner. As
leaders of our community, it is important that the members of the Town Board hold
themselves to the highest standard of conduct, setting an example for other Town
officials and Town employees, and ensuring that the public has confidence in the
integrity of its government and Town Officials. Adherence to these standards will
protect and maintain the Town of Estes Park's reputation and integrity.
2.SCOPE:
This Policy and Procedure applies to the Board of Trustees.
3.RESPONSIBILITY:
It is the responsibility of each Trustee to comply with this policy. It is further the
responsibility of the Board of Trustees to address any perceived non-compliance with
the specific items within this policy.
4.PROCEDURES:
i)CONDUCT WITH ONE ANOTHER -The Board of Trustees is composed of individuals
with a wide variety of backgrounds, personalities, values, opinions, and goals.
Embracing this diversity, all have chosen to serve in public office in order to preserve
and protect the present and the future of the community. In all cases, this common
goal should be acknowledged even as Trustees may "agree to disagree" on
contentious issues. We will conduct business in a manner consistent with this code
of conduct
(1)We accept and respect each other's individuality, supporting each other by
capitalizing on our individual strengths, working together, as a team, utilizing
each other's' expertise, to accomplish our goals and the goals of the Town of
Estes Park.
(2)We take others' concerns seriously.
ii)CONDUCT IN PUBLIC MEETINGS:
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 1 of 11 21
(1)Practice civility, professionalism and decorum in discussions and debate -
Trustees should conduct themselves in a professional manner at all times.
Trustees will not make comments that are belligerent, personal attacks,
impertinent, slanderous, threatening, abusive, or disparaging.
(2)Demonstrate support for Board decisions - A member of the Board of Trustees
who votes in the minority is free to express his/her dissent but will respect the
process and legitimacy of the majority decision.
(3)Be punctual and keep comments relative to topics discussed -Trustees have
made a commitment to attend meetings and partake in discussions. Therefore, it
is important that Trustees be punctual and that meetings start on time, while
being respectful of other people's time.
( 4)Be prepared for Board meetings -Trustees will be prepared for meetings in
advance, and be familiar with issues on the agenda.
(5)Avoid expressing opinions during Public Hearings -Trustees should not express
opinions during the public hearing portion of the meeting except to ask pertinent
questions of the speaker or staff. Trustees should refrain from arguing or
debating with the public during a public hearing and shall always show respect
for different points of view.
(6)Respect the role of the Mayor or Committee Chairpersons in maintaining order -
It is the responsibility of the Mayor to keep the comments of Trustees on track
during public meetings. Trustees should honor efforts by the Mayor to focus
discussion on current agenda items. If there is disagreement about the agenda or
the Mayor's actions, those objections should be voiced politely and with reason.
iii)CONDUCT IN PRIVATE COMMUNICATIONS:
( 1)Respectful behavior in private -The same level of respect and consideration of
differing points of view that is deemed appropriate for public discussions should
be maintained in private conversations.
(2)Written notes, voicemail messages, and e-mail -Written notes, voicemail
messages and e-mail should be treated as "public" communication and may be
subject to disclosure pursuant to the Colorado Open Meetings Act. The tone and
wording of all communication should be respectful and similar in decorum as
public discourse.
iv)TRUSTEE CONDUCT WITH TOWN STAFF:
(1)Board prioritization of Staff projects -It is the responsibility of the Town Board as
a whole and not individual Trustees to identify and prioritize projects for the Town
Staff. Individual Trustees shall refrain from instructing Staff as to the prioritization
of projects identified by the Board. It is the responsibility of the Town
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 2 of 11 22
Administrator to communicate and direct the prioritization of Town activities with
the staff.
(2)Treat all staff as professionals -Clear, honest communication that respects the
abilities, experience, and dignity of each individual is expected. Poor behavior
towards staff is not acceptable.
(3)Limit contact with specific Town staff -Questions of Town staff and/or requests
for additional background information may be addressed directly with the
appropriate town staff member, however individual trustees should not direct staff
to take any specific action or direct them to produce any work product. The Town
Administrator should be copied on or informed of any request. Requests for
follow-up or directions to staff should be made only through the Town
Administrator. When in doubt about what staff contact is appropriate, Trustees
should ask the Town Administrator or Mayor for direction. Materials supplied to
Trustees in response to a request may be made available to all Trustees, so that
all have equal access to information.
(4)Do not disrupt Town staff from their jobs -Trustees should not disrupt Town staff
while they are in meetings, on the phone, or engrossed in performing their job
functions, in order to have their individual needs met.
(5)Never publicly criticize an individual employee -Trustees should never express
concerns about the performance of a Town employee in public, to the employee
directly, or to the employee's supervisor. Comments about staff performance
should only be made to the Town Administrator through private correspondence
or conversation.
(6)Do not get involved in administrative functions -Trustees must not attempt to
influence Town staff on making appointments, selecting consultants, processing
of development applications, or granting of Town licenses and permits unless the
Trustee has been invited to participate in the process.
(7)Check with Town staff on correspondence before taking action -Before sending
correspondence, Trustees should check with Town staff to see if an official Town
response has already been sent or is in progress. When responding to
correspondence always clarify if the opinion expressed is a personal opinion or
position, or if it is the official position as adopted by the Board of Trustees.
(8)Requests for staff support -Requests should be made to the Town
Administrator. The office of the Town Clerk, in the Administrative Services
Department provides routine clerical and support services for the Board. Routine
requests for items such as meeting registrations, benefits, reimbursements,
scheduling questions can be addressed directly to the Town Clerk. As the Town
Attorney reports directly to the Town Board and not the Town Administrator,
requests for information or legal advice may be made directly to the Town
Attorney.
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 3 of 11 23
(9)Do not solicit political support from staff -Trustees should not solicit any type of
political support (financial contributions, display of posters or lawn signs, name
on support list, etc.) from Town staff.
(10)Evaluation of Staff -Individual Board members will not formally evaluate the
performance of the Town Administrator, his/her staff or the Town Attorney except
as that performance is assessed in accordance with explicit Board of Trustees'
policies.
v)TRUSTEES CONDUCT WITH THE PUBLIC IN PUBLIC MEETINGS -Making the
public feel welcome is an important part of the democratic process. No signs of
partiality, prejudice or disrespect should be evident on the part of individual Trustees
toward an individual participating in a public forum. Every effort should be made to
be fair and impartial in listening to public testimony.
( 1)Be welcoming to speakers and treat them with care and respect.
(2)Active listening -Board members should practice active listening when members
of the public are speaking before the board. Be aware of facial expressions,
especially those that could be misinterpreted as disrespectful.
vi)CONDUCT IN UNOFFICAL SETTINGS:
(1)Make no promises on behalf of the Board -Individual Board members can
represent the Board on Town matters only when delegated those responsibilities
by the Board. Board members should refrain from overtly or implicitly promising
Board action, or to promise that Town staff will do something specific (fix a
pothole, waive a fee, plant new flowers in the median, etc.).
(2)Make no personal comments about other Trustees -Board members will refrain
from making derogatory comments about other Trustees, their opinions and
actions.
vii)BOARD CONDUCT WITH OTHER PUBLIC AGENCIES:
(1)Be clear about representing the Town or personal interests -If a Trustee appears
before another governmental agency or organization to give a statement on an
issue, the Trustee must clearly state: 1) if his or her statement reflects personal
opinion or is the official stance of the Town; 2) whether this is the majority or
minority opinion of the Board. Even if the Trustee is representing his or her own
personal opinions, remember that this still may reflect upon the Town as an
organization.
(2)Decision Making -If a Trustee serves in a decision making capacity for another
organization and a matter which the Town has taken an official position is
discussed by the organization, the Trustee should not maintain a position that
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 4 of 11 24
significantly impacts or is detrimental to the Town's official position. In the event
the Town has not taken an official position with regard to a matter, and in the
Trustee's judgment, the Trustee believes that the Town would take a position
substantially different than that proposed to be taken by the organization, the
Trustee should consult with the Mayor regarding the Town's possible position.
(3)Correspondence expressing official Town positions -All official Town
correspondence shall be signed by the Mayor or Mayor Pro T em unless a
specific Trustee is authorized by the Town Board to individually respond to a
matter and express the Town's official position. A copy of official correspondence
should be given to the Town Clerk to be filed as part of the permanent public
record.
(4)Trustee correspondence concerning town matters -Trustees may correspond
with individuals or organizations on any matter involving the Town. In the event
that the Trustee's personal correspondence expresses a personal opinion that
differs from the Town's official position, the Trustee should make clear that the
Trustee's personal opinion differs from the Town's official position.
ii)TOWN TRUSTEE CONDUCT WITH OTHER BOARDS AND COMMISSIONS:
(1)If attending a Board or Commission meeting, be careful to only express personal
opinions unless you are authorized to represent the Town Board -Trustees may
attend any Board or Commission meeting open to the public, but should be
sensitive to the way their participation -especially if it is on behalf of an
individual, business or developer -could be viewed as unfairly affecting the
process. Any public comments by a Trustee at a Board or Commission meeting
should be clearly indicate if it is an individual opinion or a representation of the
official opinion of the Town Board.
iii)CONDUCT WITH THE MEDIA:
(1)Trustees may be contacted by the media for background information and quotes.
All media contacts should be referred to the PIO.
(2)The Mayor is the official spokesperson for the Board of Trustees. The Mayor is
the designated representative of the Board of Trustees to present and speak on
the official Town position. If the media contacts an individual Trustee, the Trustee
should be clear about whether her/his comments represent the official Town
position or a personal viewpoint. In most cases, any media requests should be
referred to the Town Public Information Officer.
iv)CONFLICT OF INTEREST:
( 1)Section 31-4-404 (2) C.R.S -"Any member of the governing body of any city or
town who has a personal or private interest in any matter proposed or pending
before the governing body shall disclose such interest to the governing body,
shall not vote thereon, and shall refrain from the attempt to influence the
Code of Conduct & Operating Principles 7 /26/17
Revisions: 1 Town of Estes Park, Town Board Governance Policies Page 5 of 11 25
decisions of the other members of the governing body in voting on the matter."
(2)Disclosure - A Trustee having a conflict of interest in any matter before the Town
Board shall disclose the interest to the Town Board. The Trustee shall not vote or
otherwise take any formal action or discussion concerning the matter, shall not
participate in any executive session concerning the matter, and shall refrain from
attempting to influence any other member of the Board of Trustees either in
public or private discussion of the matter.
(3)Exception - A member of the Board of Trustees may vote notwithstanding a
conflict of interest if the Trustee's participation is necessary to obtain a quorum or
otherwise enable the Board to act if the Trustee complies with the volunteer
disclosure provisions of Section 24-18-110 C.R.S.
(4)Appearance of Impropriety - A Trustee should consider, but is not required to,
excuse themselves from those matters which due to the specific circumstances
concerning the matter may appear to members of the public to be a potential
conflict of interest thus avoiding the appearance of impropriety.
v)SANCTIONS:
(1)Inappropriate Staff Behavior -Trustees should refer to the Town Administrator
any Town staff that does not follow proper conduct in their dealings with
Trustees, other Town staff, or the public. These employees may be disciplined in
accordance with standard Town procedures for such actions.
(2)Trustees Behavior and Conduct -Trustees who intentionally and repeatedly do
not follow proper conduct may be reprimanded or formally censured by the Town
Board. Serious infractions of the Code of Conduct may lead to other sanctions as
deemed appropriate by the Town Board.
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 6 of 11 26
Motions:
Basic Motion:
Quasi-judicial
Motions:
Amend a Motion:
Substitute Motion:
Table Motion:
or
Continue Motion:
Motion to
Reconsider:
Point of Order:
Second a Motion:
Call the Question
A.
Tool box for: Meeting Procedure Options
Purpose, Properties
Purpose: Places an action item on the floor for discussion
The motion is stated in the positive.
"Yes" vote supports motion.
"No" vote opposes the motion.
Divide complex issues into individual motions.
Second is required.
Quasi-judicial: A motion in the positive includes findings of fact for approval.
Quasi-judicial: A failed motion in the positive is followed by a motion in the
negative, stating findings of fact for denial
Divide complex issues into individual motions.
Second is required.
Purpose: To change a portion of the Basic Motion.
The amendment uses the original basic motion wording with a change in
wording.
The motion is stated in the positive.
Second is reauired.
Purpose: To completely remove/replace the Basic Motion.
The substitute motion is a new motion with new wording. The motion is stated
in the positive. The Mayor determines if motion qualifies as Substitute Motion.
Second is required.
Purpose: Stops an action item discussion for more information.
The Mayor generally states a new meeting date to discuss item.
The Mayor may send item back to committee/staff for revising.
The Mayor will recommend to Table or Continue as appropriate.
Occurs when information is lacking or no decision can be made on action
item.
Second is required.
Purpose: Re-open discussion on a finalized action item.
Only a Board Member voting in the majority for the motion that finalized the
action item may request a reconsideration motion and only at the same
meeting at which the original action was taken.
Second is reauired.
Purpose: To correct meeting proceedings and help the Mayor.
State "point of order" and what procedure was missed by the Mayor.
No Second is required.
Purpose: To open discussion on an action item.
Notes: The person providing the second does not need to agree with the
motion.
The originator of the motion or changed motion will need to repeat the motion
for the benefit of the Town Clerk's record and Town Board clarity of motion.
Purpose: To end discussion of an issue and bring the Board to a vote.
Any Board member may Call the Question at any time during Board
discussion of a motion that is on the floor. No second is required for a Call of
the Question. After a Board member makes the motion to Call the Question,
the board shall vote immediately to Call the Question and bring the item to a
vote. If the Call the Question vote fails, discussion may continue. If the Call
the Question vote passes, the Board shall vote on the motion on the table
without any further discussion.
Code of Conduct & Operating Principles 7/26/17
Page 7 of 11Revisions: 1 Town of Estes Park, Town Board Governance Policies 27
Public Comment -
A.Rules and Procedures for Public Comment
a.The purpose of Public Comment is to provide input to the Town Board on
issues relevant to Town of Estes Park. It is not intended to be a general
soapbox opportunity.
b.Public comments and questions shall
be:
i.Limited to three minutes.
ii.Directed to the Board as a whole and not to individual members.
iii.Presented in a courteous and professional demeanor and not in a
threatening, profane, vulgar, insulting or abusive manner.
iv.Limited to topics pertaining to Town of Estes Park government and about
which the Town Board has authority or responsibility.
c.Speakers, when recognized by the chair, will provide their name to the Clerk
prior to addressing the Board.
d.Individuals who engage in repetitive comments or questions or who otherwise
violate the provisions of Rule #2 above will be asked to refrain and/or yield the
floor.
e.Failure to abide by these requirements after a first warning may result in the
Board requiring that the speaker, in lieu of speaking, submit his/her
statements in writing during future public comment periods.
f.The Mayor is responsible for administration and enforcement of these rules
in his/her sole discretion.
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 8 of 11 28
•Call meeting to order
•Pledge of Allegiance
B.
Town Board Meeting
Order of Business
•Agenda Approval -Board requests for additions or deletions
•Proclamations and Presentations
•Public Comment
•Town Board Comments
•Liaison Reports
•Town Administrator's Report and Public Comment Follow-up
•Consent Agenda
•Consider items pulled from the Consent Agenda (if any)
•Reports and Discussion Items ( outside entities)
•Liquor Items
•Planning Commission Items
o Consent Items
o Action Items
•Action Items (repeat process for each action item)
•Staff Report
•Town Board clarification of Staff Report -questions/discussion Formal
Motion/Second (if Ordinance is present, Town Attorney/Town Clerk reads prior to
motion)
•Public Comment
•Motion modifications/amendments if desired
•Debate/Discuss motion
•Mayor calls for vote
•Vote
•Staff Reports
•Executive Session (if needed)
•Adjournment
Every Board meeting will end no later than 10:00 p.m., except that (1) any item of business
commenced before 10:00 p.m., may be concluded before the meeting is adjourned and (2) the
Town Board may, by majority vote, extend a meeting until no later than 11 :00 p.m. for the
purpose of considering additional items of business. Any matter which has been commenced
and is still pending at the conclusion of the Board meeting, and all matters scheduled for
consideration at the meeting which have not yet been considered by the Board, will be
continued to the next regular Town Board meeting and will be placed first on the agenda for
such meeting. The Town Board reserves the right, by majority vote, to further extend the
meeting to conclude any business the Board deems necessary.
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 9 of 11 29
C
Town Board Motions
(Adopted March 2011)
1 The basic motion. The basic motion is the one that puts forward a decision
for consideration. A basic motion might be: "I move that we create a five-member
committee to plan and put on our annual fundraiser."
2 The motion to amend. If a member wants to change a basic motion that is
under discussion, he or she would move to amend it. A motion to amend might be:
"I move that we amend the motion to have a 10-member committee." A motion to
amend takes the basic motion that is before the body and seeks to change it in
some way.
3 The substitute motion: If a member wants to completely do away with the
basic motion under discussion and put a new motion before the governing body, he
or she would "move a substitute motion." A substitute motion might be: "I move a
substitute motion that we cancel the annual fundraiser this year." Motions to amend and substitute motions are often confused. But they are quite
different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in
some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a
new and different motion for it. ..
Voting on motions when there are several on the floor.
The first vote is on the last motion. In the example above, the substitute motion
would be voted on first. If passed, the other two (Basic and Amend) would not
require a vote because they become moot. If the substitute in the above example
passes, it replaces both the Basic and the amendment to the Basic motion. lf the substitute fails, then a vote is needed on the amendment. If the amendment
passes, the basic motion is moot because it was replaced by the amendment.
However, if the amendment fails, the basic motion needs to be voted on. If it
passes, it is final. If the basic fails, then the chair determines if a new motion is in
order, or does the action item need to be tabled for more information, returned to
committee, have staff gather more information, etc. A time for future review of the
action item should be established.
*Instructional scenario quoted verbatim from: Rosenberg's Rules of Order: Simple
st Parliamentary Procedures for the 21 Century, 2003, League of California Cities.
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 10 of 11 30
Approved:
01/n/11
Date
Code of Conduct & Operating Principles
Revisions: 1 Town of Estes Park, Town Board Governance Policies
7/26/17
Page 11 of 11 31
32
July 10, 2018
•Annexation of Fawn Valley and
other enclaves
•Policy 671 – Update Town Funding
of Outside Entities
July 24, 2018
•Update on Dry Gulch Workforce
Housing Project
•Discussion of Stormwater Utility
September 11, 2018
•Quarterly Update on Downtown
Estes Loop Project
October 9, 2018
•Review of VEP Operating Plan
December 11, 2018
•Quarterly Update on Downtown
Estes Loop Project
•Final Review of Strategic Plan
Items Approved – Unscheduled:
•Building Code Changes to Facilitate
Redevelopment
•Revisit Policy 402 Regarding Fee
Waiver Requests
Items for Town Board Consideration:
•Discussion of Modification of Flood
Plain Ordinance to Utilize Best
Available Flood Zone Data
•Discussion of Removing 500 Foot
Limit for Liquor Licenses
•Benefits of Roundabouts
•Discussion of Housing Authority
Project on Highway 7
Future Town Board Study Session Agenda Items
June 26, 2018
33