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HomeMy WebLinkAboutbocc.min.reg.09071971 MINUTES OF THE MEETING OF BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY September 7, 1971 PRESENT: Commissioners Sardy, Baxter, Vagneur, County Attorney Oates and Internal Auditor Kleeman. Sheriff Carrol Whitmire was present and discussed with the Board the possibility of trading one of the Sheriff's departrrent vehicles for a newer one. Commissioner Baxter informed the Board that he would check into prices on new vehicles. Sheriff Whitmire also requested funds for improvements to his office. His request was tabled.. Upon motion duly made and seconded and unanimously approved the bid of Snowmass at Aspen Conoco was accepted for the towing of vehicles in the County. The Board instructed Road Overseer Harvey Hale to investigate the chevron stripping of bike paths. Commissioners did not approve a request for plowing snow from the Ashcroft Road to the mine. Mr. Harvey Hale, Road Overseer, presented a report on the activitities of his department. Rose Stanton and Harry Wier were present to discuss the need for funds for the hospital expansion. Upon motion duly made and seconded and unanimously approved, the Board accepted the - 1 - ,_.".....~''''''.'''f'"'.'>''~''''''''''''''..............'',."..,~.~.,_''" ..... 'WI ..... ..; "... ..... ,-. - .,"'C.-'_"-"'O""'_ -.... September 7, 1971 Commissioners Minutes $150,000.00 plan as submitted. Commissioner Baxter stated that if the R.S.A. would commit to $100,000.00 each year to the Master Plan that the $150,000.00 plan would be re-evaluated. Attorney Oates was instructed to write the Williams family to see if they want to sell their property and how much, and advise them of con- demnation proceedings if they don't want to sell. Jim Woods of Snowmass American Corporation was present. The Board agreed to take over snowp1owing of Snowmass at Aspen roads for 1971-71 winter providing Snowmass at Aspen makes repairs per Harvey Hale. The Board agreed to take over all maintenance of the roads in 1972 providing Snowmass at Aspen brings roads up to County specifications and are in good repair at the time the roads are taken over. The Commissioners did not approve a petition to keep Snowmass Creek road open an additional three miles in the winter. A motion was made and carried to join the Frying Pan Valley Association, estimated cost at $5.00. A motion was made and approved to purchase approximately $800.00 worth of equipment for new fire equipment. Hal Clark, Pitkin County Building Inspector presented a proposed addition to the Mountain Chalet at Snowmass at Aspen. Joel Davis gave the background of the original plotting of Snowmass at Aspen. Chuck Vidal presented an outline for procedures for building at Snowmass at Aspen. William Mason, represent- ing the Pitkin County Board of Adjustment pro- posed a moratorium on building at Snowmass at Aspen until various problems are understood and re- solved, no action was taken at this time. Chuck Brandt representing the Shadowbrook Association - 2 - September 7, 1971 Commissioners Minutes r -'- <- made a presenting of the original Master Plan of Snowmass at Aspen in opposition of Mountain Chalet addition. After considerable discussion, the Comm- issioners decided that the problem at Snowmass at Aspen was that of the Board of Adjustment. Herb Bartel, City-County Planner was in- structed to acquire a perpetual easement on the Emma gravel pit. Lamont Kinkade, City-County Sanitarian was present to request that a date for a public hearing on Water Pollution Regulations, Air Pollution Regulations and Sewage Disposal. The time was set for Thursday, October 7, at 7:30 P.M. Mr. Kinkade also discussed the possibility of establishing a Health Department in Pitkin County, thereby qualifying for additional State aid. Mr. Kinkade informed the Board that he would investigate the possibilities further and advise the Board. District Attorney Martin Dumont and Deputy District Attorney James H. Moore were present to review their budget requests for 1972. They also discussed with the Board the possibility of merging the City Police Department and the County Sheriff's Department. Upon motion duly made and seconded the renewal of a 3.2 beer license in the name of Jack B. Roddy, dba Reudi Pan Store was approved. The next matter to come before the Board of County Commissioners was the matter of Vendor's Fees in the amount of 3 1/3% of the total amount due by respective vendors in the County of Pitkin to the County for collection of the County Sales Tax. I II 'I I !i The County Attorney pointed out that he had been in correspondence with the State of - 3 - .. - - - - ...... .,.... .... September 7, 1971 Commissioners Minutes Colorado, Department of Revenue and had advised them that it was the intention at all times that the vendor, as collecting agent, should be entitled to withhold the collection fee in that amount, and indicated to the Board of County Commissioners that it was his understanding that if in form of a resolution, it was indicated that this had been the intention of the Board of County Commissioners that the State would not enforce collection of the 3 1/3% from the re- spective vendors for the period July 1, 1969, to the present. It was pointed out that the original sales tax resolution of October 7, 1968, has been amended on this date to permit the withholding of the 3 1/3% by the vendors as collecting agents for the County. A full dis- cussion was held, and upon motion duly made and seconded, the following resolution was adopted: RES 0 L UTI 0 N NOW, THEREFORE, BE IT RESOLVED, that it is and has been since October 7, 1968, the intention of the Board of County Commissioners of Pitkin County, Colorado to permit vendors (retailers) as collecting agents for the County- wide Sales Tax to withhold a collection fee in the amount of three and one third (3 1/3%) percent from the total sales tax amount collected by vendors to the County each month, provided such payments to the County are not delinquent and it is their desire that that collect- ion fee shall be effective as of the effective date of the Sales Tax, July 1, 1969, and BE IT FURTHER RESOLVED, that the County Attorney is hereby instructed to forward a certified copy of this resolution stating the intention and desire of the Board to the State of Colo- rado Department of Revenue, and request- ing that Department to honor their in- tent. ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin this 7th day of September 1971. - 4 - September 7, 1971 Commissioners Minutes There being no further business, the meeting was adjourned. -, ,/ J/~ (I~ - 5 - ~ ! ..., .. - Cc Lr) no ce m u ( 4 6 PAPE 6 z c> w M AMENDMENT TO SALES TAX RESOLUTION GC — Cl3 ix= CS NC J a T EREAS, The Board of County Commissioners of Pitkin County duly adopted a two percent sales tax throughout Pitkin County, which was affirmed at the General Election held in November, 1968, and which has been effective since July 1, 1969, AND, WHEREAS, Senate Bill 39, and House Bill 1507, con - taining certain changes made to Article 10 of Chapter 138, C.R.S. 1963, was enacted by the Colorado General Assembly in its 1969 Legislative Session amending and defining with greater certainty the categories of goods and services against which the sales tax should be imposed, and making certain exemptions therefrom, AND, WHEREAS, there was inadvertently omitted from the Pitkin County Sales Tax Resolution, a provision permitting vendors (retailers) to retain a 3 1/3% collection fee as permitted by law, although it had, at all times, been the intention and desire of the Board of County Y Commissioners of Pitkin County, Colorado to so do; THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY That the provisions of House Bill 1507 passed by the Colorado General Assembly in 1969, amending 138 -10 -5 (1) and (2), and adding the new sub - section thereto, all in Colo - rado Revised Statutes, 1963, are hereby incorporated and declared to be applicable to the sales tax imposed by Pitkin County, hereby confirming that the intent and meaning of the Pitkin County Sales Taxes Resolution was intended to include, and that there is hereby levied and there shall be collected, a sales tax imposed by said Resolution at the rates prescribed therein to include: (a) On the purchase price paid or charged upon all sales and purchases of tangible personal property at retail. (b) In the case of retail sales involving the exchange of property, on the purchase price paid or charged, including the fair market value of the property exchanged at the time and place of exchange, excluding, however, from the consid- eration or purchase price, the fair market value of the exchanged property, provided such exchanged property is to be sold thereafter in the usual course of the retailer's bu: ness. (d) For gas and electric service, whether furnished by municipa] public, or private corporations or enterprises, for gas and BOOK 486 PAGE 67 electricity furnished and sold for domestic and commercial consumption and not for resale, upon steam when consumed or used by the purchaser and not resold in original form whether furnished or sold by municipal, public, or private corporations or enterprises. (e) Upon the amount paid for all meals and cover charges, if any, furnished in any restaurant, eating house, hotel, drug store, club, resort or other such place at which meals or food are regularly sold to the public. t ' (f) Upon the entire amount charged to any person or persons for rooms or accommodations. AND, BE IT FURTHER RESOLVED That the provisions of Senate Bill 39 passed by the General Assembly in 1969, adding a new sub- section to Article 10 of Chapter 138 C.R.S 1963 is declared to be applicable to the sales tax imposed by Pitkin County, hereby confirming that the intent and meaning of the Pitkin County Sales Tax Resolution was intended to include and that there is hereby exempted from said tax all sales of personal property on which a specific ownership tax has been paid or is payable under both of the following conditions: (a) The purchaser is a nonresident of, or has its principal place of business outside of, the local taxing entity and (b) Such personal property is registered or required to be registered outside the limits of Pitkin County under the laws of the State of Colorado. AND, BE IT FURTHER RESOLVED, "The vendor (retailer) shall be entitled as collecting agent to withhold a collection fee, in the amount of three and one -third (3 1 /3 %) percent from the total amount due by the vendor to the County of Pitkin each month. If the vendor is delinquent in the payment, the amount due by the vendor to the County of Pitkin, such vendor shall not be entitled to the collection fee for each such month that the vendor is or O remains delinquent." ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of the County of Pitkin this 2/ day of / , 1971. 4 ;F r Chairman A'3 t � a t _ C` -rk !+ he Board of County Commissioners I _ r1,.