John Scarffe, Nederland. The Nederland Board of Trustees approved an occupation tax ordinance on short-term lodging based on voter approved ballot language during a virtual, online meeting on Tuesday, May 19, 2020, at 7 p.m. The Board also discussed an update on the Boulder County Economic Vitality Grant.
Town Attorney Jennifer Madsen presented the proposed short-term lodging occupation tax ordinance and suggested clarifying language regarding the tax revenue use. The Board previously discussed the draft ordinance on May 5, 2020, according to the agenda information memorandum.
At the January 21, 2020, meeting, the Trustees approved a resolution authorizing a ballot question for Nederland voters to decide whether to approve an occupation tax on short-term lodging in Nederland. On April 7, 2020, at the regular election, a majority of registered electors approved an occupation tax on short-term lodging, according to the memo.
Because the majority of registered electors approved a new occupation tax, this ordinance implements the voter-approved occupation tax on short-term lodging. Other municipalities in Colorado have implemented an occupation tax on lodging.
The occupation tax applies to lodging rented for less than 30 days, and the tax is imposed on any person who furnishes any hotel room, motel room, short-term rental or other similar accommodation for a period of less than 30 days within the Town in the amount of $2 per day per occupied bedroom or per other accommodation with defined bedrooms. This means that the tax must be collected from all lodging in the Town and is not intended to be a tax strictly on short-term rentals, according to the memo.
The voters approved that all revenues collected for the occupation tax must be used for health and human services and activities and law enforcement services. At the May 5 meeting and comments following the meeting, the Trustees discussed allocation of the revenue from the occupation tax and desired greater detail as to how the proceeds would be allocated.
The following items were requested, according to the memo: allocate at least 51 percent of the revenues to Health and Human Services; define the term Health and Human Services; provide a process for administering the allocation of revenue to the Health and Human Services and limit the allocation to law enforcement services to only the expenditures for enforcement issues associated with the lodging occupation tax.
The ordinance has been revised to incorporate these comments. The ordinance states that a Health and Human Services Fund will be created, and at least 51 percent of the revenue from the occupation tax is allocated to that fund. The ordinance defines the programs and services that may qualify for expenditures from the Health and Human Services Fund.
Madsen told the Trustees they could provide a more detailed process about how that allocation would work. Trustees expressed concerns about who would hand out the money and the need for more accountability so people can see how money is being spent.
Some trustees argued for more funds for health and human services while others were happy with the way the ordinance was written.
Mayor Pro-Tem Jonathon Baumhover said he is pretty happy with the ordinance and the spirit of the language to provide funding for health and human services, but Nederland has had a problem with sustaining police services and has a contract with Boulder County for additional services, and there has been a long-time collective opinion that we want our own police department. He suggested keeping the language as is and at most 60 percent should be designated for health and human services.
Mayor Kristopher Larsen said that since the voters approved the ballot language, it seems dangerous to change it, so they can maintain the ordinance as written and every year pass a resolution for expanding the funds. The Board made a motion to approve the ordinance and then approved a motion to amend the ordinance to at least 51 percent but no more than 99 percent of the revenues for human services and strike the last section in B allocating 1 percent to law enforcement services.
The Board approved the amendment and the ordinance.
Town Clerk Miranda Fisher presented an update on the Boulder Economic Vitality Grant.
At the May 5, 2020, meeting, the Trustees agreed that they wanted to split the $6,000 Boulder Economic Vitality Grant the Town of Nederland received for COVID-19 related assistance between online store website development for $3,000 and purchasing personal protective equipment (PPE) for local businesses for $3,000.
The Board requested that an application be developed that would allow business owners to work with the town clerk on developing the online store websites or a third-party vendor. Town staff developed the “Town of Nederland Boulder Economic Vitality Grant Online Store Website Development Funding Application.”
Regarding Personal Protective Equipment, Town staff sent a survey to the local business owners asking what type of PPE equipment they would prefer. The survey was released on May 11, 2020, and results were compiled on May 15, 2020.
Top needs expressed by businesses in the survey were hand sanitizers, cleaning wipes, gloves, hand sanitizing stations and masks. Other responses included Digital ear thermometers, on-contact thermometers and paper towels.
The grant first came to the Board on January 21, 2020, when the Trustees approved an application for the Boulder County Economic Vitality Grant, focused on seeking funds to contract with an agency which could help develop a parking and traffic plan for large special events. The Town submitted the grant application on January 22, 2020.
On March 23, 2020, Boulder County notified the Town that these grant funds could be used for COVID-19 economic vitality issues. The Town agreed that relief to businesses battling with the pandemic was a more critical need and was awarded $6,000 for COVID-19 related assistance and signed a Memorandum of Understanding on April 7, 2020.
Fisher told the Board that staff recommends paying $20 an hour to create an online store for individual businesses who make that request. She asked the Board to approve the “Town of Nederland Boulder Economic Vitality Grant Online Store Website Development Funding Application,” and asked for direction regarding what type of PPE the Board wants to pursue purchasing for the businesses with the remaining $3,000.
Staff recommended approving the “Town of Nederland Boulder Economic Vitality Grant Online Store Website Development Funding Application,” and also recommended that any of the remaining funds not used for online store website development by July 31, 2020, be used for PPE. Staff recommended that the Board approve a series of PPE items to be purchased, as some PPE may be challenging to obtain.
The Trustees expressed concerns about how the PPE will be delivered and stored. Trustee Eric Coombs Esmail said that Mountain Masks out of Gilpin County has done a good job of distributing masks. They take requests as they come in and then evaluate them. This organization serves the entire Peak to Peak Region if the Town needs more of a network.
Esmail said he will work with staff to get PPE delivered and can tap into that network. Town Administrator Karen Gerrity said sanitization stations make sense and stated that staff will research the cost. Mayor Larsen said it would be good to have some idea of what $3,000 can get us.
Mayor Pro-Tem Baumhover said he’d like to wait until they have some recommendations from Boulder County Public Health once the state issues guidelines for the reopening of some businesses such as restaurants. Gerrity said the Town has a Recovery and Resiliency team, and the team will review the state guidelines and come back with some recommendations. Larsen suggested empowering the task force to move forward, and the Board agreed. Gerrity said staff will move forward with online development.
Larsen suggested a public work session in mid-June to discuss the Town utilities fees and the upcoming Rate Study which was funded by a Division of Local Affairs grant secured by Town staff, and the Board agreed.
(Originally published in the May 28, 2020, print edition of The Mountain-Ear.)
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