HomeMy WebLinkAbout1967-11-28 Town Council Minutes• MINUTES OF THE MEETING
HELD NOVEMBER 28, 1967, TOWN OF VAIL
VAIL, COLORADO
The Meeting was called to order by Mayor Ted Kindel at 7:55 p.m.
ROLL CALL: Roll Call found the following Members present:
Trustee Langmaid
Trustee Dobson
Trustee Burdick
Trustee Willett
Mayor Kindel
Trustee Seibert was absent.
MINUTES OF THE MEETING
1. A discussion was held concerning office space for the Town
Offices. There is 800 square feet available at the Mill Creek Court at
$200.00 per month. Trustee Willett approved the legal aspect of the lease.
Liability insurance was discussed and a consultation with an insurance
authority was recommended.
2. The Mayor reported on his sessions with the County Commissioners
concerning the problem of snow removal. Securing equipment and cinders from
the County was discussed.
3. It was suggested that the Eagle Vallev Enterprise be officially
designated as the publication in which all Town Ordinances, etc., be published.
The Board of Trustees agreed to use the Eagle Vallev Enterprise for this purpose. '
4. Mayor Kindel requested that all those attending the Town Meetings
to please come on time and plan to stay the entire Meeting. The Editor of the
VAIL TRAIL was complimented for his effort and contribution to the large attendance.
5. Mayor Kindel requested Trustee Willett to clarify the work .
"occupation" as used in the proposed Ordinances. In legal terms "occupation"
means a business, not individual employment. The point was raised to emphasize
that wages and salaries were not to be taxed. .
40 6. Mayor Kindel requested that the Town Recorder read the proposed
Ordinances and stated that pending approval, the effective date would be
December 15, 1966:
a. Ordinance #10, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING SKI LIFTS OR SKI
TOWS WHOLLY OR PARTIALLY WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION
OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING
AN EMERGENCY THEREFORE" was read. The Town Recorder polled the Trustees as to
understanding and then for approval. Ordinance #10, Series of 1966, for the
Town of Vail was passed, 4-0.
b. Ordinance #11, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS PROVIDING OVERNIGHT OR SHORT
TERM LODGING AND RENTALS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION
OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING
AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees as to
understanding and then for approval. Ordinance #11, Series of 1966, for the
Town of Vail was passed, 4-0.
c. Ordinance #12, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RESTAURANTS AND
BARS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF
TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY
THEREFOR" was read.
The Mayor called for discussion among the Trustees and then from the floor.
0 Page 2 - Town of Vail - November 28, 1967
George Knox asked how this could be referred to as a tax, when the businesses
could not represent it as such to their customers. It was stated that this
tax is perfectly legal and the individual business could either absorb it or
raise prices to cover it, but could not charge customers over and above an
established price and represent such as a tax. The difference between a tax
to raise revenue and a license was discussed. Trustee Willett stated a tax
is to raise revenue only, while a license is to control and regulate.
It was stated that licensing would not be necessary, except in the case of
liquor dealers, who would be licensed by the Town of Vail . Certain other
businesses not covered in any of the proposed ordinances, would be assessed a
flat fee, such as personal services.
A question from the floor was raised if this Ordinance included businesses
selling 3.2 beer. That section of the Ordinance was re -read and it was pointed
out that this does apply to 3.2 beer outlets. The licensing of liquor dealers
as opposed to that of 3.2 beer dealers was discussed. All liquor licenses renew
on January 1 of each year, while licensing of 3.2 beer dealers occurs each year
from whatever date the first license was obtained.
The Town Recorder polled the Trustees as to understanding and then for approval.
Ordinance No. 12, Series of 1966, for the Town of Vail was passed, 4-0.
d. Ordinance #13, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AM PLACES OF BUSINESS RENTING OR SELLING TANGIBLE
PERSONAL PROPERTY AT RETAIL WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRI-
BUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND
DECLARING AN EMERGENCY THEREFOR" was read.
The Town Recorder polled the Trustees for understanding and then for approval,
Ordinance No. 13, Series of 1966, for the Town of Vail was passed, 4-0.
e. Ordinance #14, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RETAIL LIQUOR STORES
WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES,
TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR"
was read.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance No. 14, Series of 1966, for the Town of Vail was passed, 4-0.
f. Ordinance #15, "AN ORDINANCE ADOPTING THE BUDGET FOR THE
TOWN OF VAIL, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE 1ST DAY OF JANUARY,
1967, AND ENDING ON DECEMBER 31, 1967, ESTIMATING THE AMUST OF MONEY NECESSARY
TO BE RAISED BY TAXES BASED ON THE SAID BUDGET SO ADOPTED; AND SETTING FORTH
THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND" was read.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance No. 15, Series of 1966, for the Town of Vail was passed, 4-0.
g. Ordinance #16, "THE ANNUAL APPROPRIATION ORDINANCE APPROP-
RIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL,
COLORADO, FOR THE TOWN'S FISCAL YEAR BEGINNING JANUARY 1, 1967, AND ENDING
ON DECEMBER 31, 1967" was read.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance # 16, Series of 1966, for the Town of Vail was passed, 4-0.
h. Ordinance #17, "AN ORDINANCE ESTABLISHING CERTAIN ACTS,
THINGS, CONDITIONS AND USES AS OFFENSES AGAINST THE SAFETY, HEALTH, PROSPERITY,
MORALS, ORDER, COMFORT, AND CONVENIENCE OF THE TOWN OF VAIL AND THE INHABITANTS
THEREOF, DECLARING THE SAME TO BE UNLAWFUL, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF" was read.
There were several points discussed concerning "drunk and disorderly", distur-
bing the peace" and dangerous weapon" clauses. A change was made in Section 5.
r
•
Drinking in Streets, to include "except by permission of the Board of Trustees,
and in Article III, Section 2. FALSE ALARM, to include "avalanche, missing
person, or other emergency or disaster".
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance #17, Series of 1966, for the Town of Vail was passed, 4-0.
i. Ordinance #18, "AN ORDINANCE DEFINING PUBLIC NUISANCES WITHIN
THE TOWN OF VAIL AND PROVIDING PENALTIES FOR VIOLATION AND PROCEDURES FOR THE
ABATEMENT THEREOF." was read.
Achange was made in Section 6, ABATEMENT PROCEDURE OPTIONAL, to read Police
Magistrate rather than Police Court.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance #18, Series of 1966, for the Town of Vail was passed, 4-0.
With no further business to come before the Meeting Trustee Willet made the
Motion to adjourn. It was seconded by Trustee Dobson. The Meeting adjourned 4
at 11:15 p.m.
I , I i I II I III 117 11 1 ..J
•
0 0
•
MINUTES OF THE MEETING
HELD NOVEMBER 28, 1967, TOWN OF VAIL
VAIL, COLORADO
The Meeting was called to order by Mayor Ted Kindel at 7:55 p.m.
ROLL CALL: Roll Call found the following Members present:
Trustee Langmaid
Trustee Dobson
Trustee Burdick
Trustee Willett
Mayor Kindel
Trustee Seibert was absent.
MINUTES OF THE MEETING
1. A discussion was held concerning office space for the Town
Offices. There is 110 square feet available at the Mill Creek Court at
• $200.00 per month. Trustee Willett approved the legal aspect of the lease.
Liability insurance was discussed and a consultation with an insurance
authority was recommended.
2. The Mayor reported on his sessions with the County Commissioners
concerning the problem of snow removal. Securing equipment and cinders from
the County was discussed.
3. It was suggested that the Eagle Valley Enterprise be officially
designated as the publication in which all Town Ordinances, etc., be published.
The Board of Trustees agreed to use the Eagle Valley Enterprise for this purpose. `
4. Mayor Kindel requested that all those attending the Town Meetings
to please come on time and plan to stay the entire Meeting. The Editor of the
VAIL TRAIL was complimented for his effort and contribution to the large attendance.
5. Mayor Kindel requested Trustee Willett to clarify the work
"occupation" as used in the proposed Ordinances. In legal terms "occupation"
means a business, not individual employment. The point was raised to emphasize
that wages and salaries were not to be taxed.
6. Mayor Kindel requested that the Town Recorder read the proposed
Ordinances and stated that pending approval, the effective date would be
December 15, 1966:
a. Ordinance # 10, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING SKI LIFTS OR SKI
TOWS WHOLLY OR PARTIALLY WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION
OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING
AN EMERGENCY THEREFORE" was read. The Town Recorder polled the Trustees as to
understanding and then for approval. Ordinance #10, Series of 1966, for the
Town of Vail was passed, 4-0.
b. Ordinance #11, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS PROVIDING OVERNIGHT OR SHORT
TERM LODGING AND RENTALS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION
OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING
AN EMERGENCY THEREFOR" was read. The Town Recorder polled the Trustees as to
understanding and then for approval. Ordinance #11, Series of 1966, for the
Town of Vail was passed, 4-0.
c. Ordinance #12, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RESTAURANTS AND
BARS WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF
TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY
THEREFOR" was read.
The Mayor called for discussion among the Trustees and then from the floor.
. • 40 0 9
Page 2 - Town of Vail - November 28, 1967
George Knox asked how this could be referred to as a tax, when the businesses
could not represent it as such to their customers. It was stated chat this
tax is perfectly legal and the individual business could either absorb it or
raise prices to cover it, but could not charge customers over and above an
established price and represent such as a tax. The difference between a tax
to raise revenue and a license was discussed. Trustee Willett stated a tax
is to raise revenue only, while a license is to control and regulate.
It was stated that licensing would not be necessary, except in the case of
liquor dealers, who would be licensed by the Town of Vail . Certain other
businesses not covered in any of the proposed ordinances, would be assessed a
flat fee, such as personal services.
A question from the floor was raised if this Ordinance included businesses
selling 3.2 beer. That section of the Ordinance was re -read and it was pointed
out that this does apply to 3.2 beer outlets. The licensing of liquor dealers
as opposed to that of 3.2 beer dealers was discussed. All liquor licenses renew
on January 1 of each year, while licensing of 3.2 beer dealers occurs each year
from whatever date the first license was obtained.
The Town Recorder polled the Trustees as to understanding and then for approval.
Ordinance No. 12, Series of 1966, for the Town of Vail was passed, 4-0.
d. Ordinance #13, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS RENTING OR SELLING TANGIBLE
PERSONAL PROPERTY AT RETAIL WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRI-
BUTION OF THE BURDEN OF TAXES, TO PROVIDE PENALTIES WITH RESPECT THERETO, AND
DECLARING AN EMERGENCY THEREFOR" was read.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance No. 13, Series of 1966, for the Town of Vail was passed, 4-0.
e. Ordinance #14, "AN ORDINANCE CONCERNING REVENUE AND IMPOSING
A TAX UPON THE OCCUPATIONS AND PLACES OF BUSINESS OPERATING RETAIL LIQUOR STORES
WITHIN THE TOWN OF VAIL, TO SECURE A PROPER DISTRIBUTION OF THE BURDEN OF TAXES,
TO PROVIDE PENALTIES WITH RESPECT THERETO, AND DECLARING AN EMERGENCY THEREFOR"
was read,
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance No, 14, Series of 1166, for the Town of Vail was passed, 4-0,
f. Ordinance #15, "AN ORDINANCE ADOPTING THE BUDGET FOR THE
TOWN OF VAIL, COLORADO, FOR THE FISCAL YEAR BEGINNING ON THE 1ST DAY OF JANUARY,
1967, AND ENDING ON DECEMBER 31, 1967, ESTIMATING THE ANCU'l4+L' OF MONEY NECESSARY
TO BE RAISED BY TAXES BASED ON THE SAID BUDGET SO ADOPTED; AND SETTING FORTH
THE TOTAL ESTIMATED EXPENDITURES FOR EACH FUND" was read.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance No. 15, Series of 1966, for the Town of Vail was passed, 4-0.
g. Ordinance #16, "THE ANNUAL APPROPRIATION ORDINANCE APPROP-
RIATING SUMS OF MONEY TO DEFRAY EXPENSES AND LIABILITIES OF THE TOWN OF VAIL,
COLORADO, FOR THE TOWNS FISCAL YEAR BEGINNING JANUARY 1, 1967, AND ENDING
ON DECEMBER 31, 1967" was read.
The Town Recorder polled the Trustees for understanding and then for approval.
Ordinance # 16, Series of 1966, for the Town of Vail was passed, 4-0.
h. Ordinance #17, "AN ORDINANCE ESTABLISHING CERTAIN ACTS,
THINGS, CONDITIONS AND USES AS OFFENSES AGAINST THE SAFETY, HEALTH, PROSPERITY,
isMORALS, ORDER, COMFORT, AND CONVENIENCE OF THE TOWN OF VAIL AND THE INHABITANTS
THEREOF, DECLARING THE SAME TO BE UNLAWFUL, AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF" was read.
There were several points discussed concerning "drunk and disorderly", distur-
bing the peace" and dangerous weapon" clauses. A change was made in Section 5.