John Scarffe, Central City.  The City of Central Council approved two ballot questions for the November 6, 2018, election during a regular meeting at 7 p.m. on Tuesday, September 4, 2018, at the City Hall, 141 Nevada Street. The council also approved an ordinance calling for a Special Mail Ballot Election on Tuesday, December 11, 2018, to elect a successor councilperson to serve the remaining unexpired term of the council seat vacated by Councilperson Bell and an ordinance approving a License Fee Rebate Agreement with 321 Gregory Street LLC and Gregory Gaming, LLC, on first reading.

City Manager Daniel Miera introduced a resolution to submit a ballot issue to the voters to determine if the citizens of Central City desire to fund fire protection and public safety services, programs and facilities, through an increase in the city’s sales and use tax. This proposed resolution places the ballot issue on the November 6, 2018, ballot as part of the city’s regular municipal election. Ballot content is required to be certified to the designated election official for the mail ballot election by September 7, 2018.

City staff believe that the Council desires to provide additional funding for the city’s fire protection and public safety services, programs and facilities, according to the minutes. If the ballot issue is approved by voters, the city manager will have an affirmative obligation in 2020 and each year thereafter to report to City Council regarding the use of the revenues raised from the 2 percent sales and use tax increase. This will ensure transparency and accountability in the use of the funds and will help to ensure that the funds are set aside and used for fire protection and public safety services as required.

Based on a review of sales and use tax collected during the past five years, staff has projected that increasing the rate from 4 percent to 6 percent will generate between about $400,000 and $475,000, annually. Staff has included the $550,000 estimate for 2019 in the ballot language to be in compliance with TABOR. This estimate provides a conservative buffer in case the sales and use tax revenue exceeds 2019 projections, according to the minutes.

Alderman Bell questioned the additional tax to residents for vehicle purchases that would also increase by 50 percent. Manager Miera said most of city revenue is from gaming, and the city can consider a future amendment to this tax if council wants to make a change. A property tax increase is another option that has been considered, though that would have a large impact on the businesses. Alderman Aiken added that an additional 2 percent on a vehicle is still affordable.

The Council approved the resolution with Alderman Bell voting no. The aldermen then discussed a resolution referring a proposed Charter Amendment regarding the method of filling vacancies on council. The amendment to the city’s Home Rule Charter concerning the method for filling vacancies on City Council refers a ballot question on the proposed amendment to the electorate for the November 6, 2018, regular municipal election.

Currently, the Charter requires City Council to call a special election to fill a vacancy if that vacancy occurs more than 180 days before the end of the term of the person leaving office. The proposed amendment would give City Council the option of appointing a qualified person to fill the vacancy by majority vote while retaining the option of ordering a special election.

If the ballot question is approved, City Council will then consider an ordinance to amend the Charter that, if adopted, will give them the option to appoint a qualified person to fill a vacancy regardless of the length of the remaining term. If invoked, this option could save the city the cost of holding a special election.

The Charter contains two different methods for filling vacancies on City Council, depending on how much time remains in the term of office being vacated. Vacancies that occur with 180 days or less in the remaining unexpired term are filled by City Council, which must elect a duly qualified person to fill such vacancy by majority vote, according to the minutes.

Vacancies that occur with more than 180 days in the remaining unexpired term must be filled by a duly qualified successor elected pursuant to a special election.

Special elections require the expenditure of city funds and require additional staff time to manage the election. The proposed amendment would, if adopted, authorize City Council to select which of the following two methods should be used to fill a vacancy that occurs with more than 180 days in the remaining unexpired term.

The two options are appointing a qualified person to fill the vacancy until a duly elected successor has commenced the succeeding term of office or ordering a special election to be held as soon as practicable to fill the vacancy. Such action must take place within 30 days after a vacancy occurs.

“This Proposed Amendment streamlines the process of filling vacancies on City Council and will give City Council the option to save residents and taxpayers the expense associated with holding a special election,” according to the minutes.

If the outcome of the vote on this ballot question indicates support for the proposed amendment, the City Council will consider an ordinance that will amend the Charter to implement it, according to the minutes. Mayor pro tem Voorhies noted that, due to health reasons, Alderman Bell will resign her seat.

City Clerk Reba Bechtel explained that she proposed resolution reviews governing regulations to hold a Special Mail Ballot Election and designates the city clerk as the election official responsible for conducting the election, appointing election judges and supervising the distributing, handling, counting of ballots and the survey of returns.

The Nomination Petition period will be from September 11 to October 1. Ballots will be mailed November 19 to 26, 2018. The preliminary cost is estimated at $2,000 to $2,500, which is not currently budgeted. The Council approved the resolution.

Attorney McAskin reviewed an ordinance approving a license fee rebate agreement with 321 Gregory Street, LLC, and Gregory Gaming, LLC. 321 Gregory is the current record owner of the Grand “Z” Casino, and Gregory Gaming operates and manages the Casino.

The city desires to assist the owner and operator with the completion of public improvements in the general vicinity of the casino, including the specific improvements on or in the immediate vicinity of the AGE Lot. City staff has determined that assisting the owner and operator with completion of the eligible improvements will substantially benefit the public through improved stormwater conveyance infrastructure, additional public parking and improved community aesthetics, according to the minutes.

City Council is authorized to refund a percentage or portion of license fees for new gaming devices where such refunds further the economic development goals of the city. The agreement contemplates city participation in the eligible improvements by rebating a fixed percentage of eligible annual license fees up to a maximum rebate amount of verified costs associated with the eligible improvements.

The city’s share of the cost of eligible improvements will be funded through a rebate of a graduated percentage of eligible license fees, as set forth in the agreement. Manager Miera added that this will be a public and private partnership to improve infrastructure, which is beneficial to the community and will not cost the residents any additional funds.

The rebate will be only on new revenue not on existing devices. The Council approved the ordinance.

(Originally published in the October 18, 2018, print edition of The Mountain-Ear.)