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Gilpin short-term rental regulations approved

Posted 8/26/22

The Gilpin County Commissioners approved a resolution as well as an ordinance regulating short-term rentals on a two to one vote during a special meeting at 9 a.m. on August 23, 2022, at the

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Gilpin short-term rental regulations approved

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The Gilpin County Commissioners approved a resolution as well as an ordinance regulating short-term rentals on a two to one vote during a special meeting at 9 a.m. on August 23, 2022, at the courthouse in Central City and virtually.

The Board also approved a contract for Geographic Information System Services, Secure Rural Schools Funding, and establishing a Master Policy & Procedure Manual. The Board asked for a work session before adopting a revised Procurement Policy.

Director of Community Development Robert Gutierrez introduced a resolution approving a revision to Section 3.10 of the Zoning Regulations, Short Term Rentals, and an ordinance on second reading for Short-Term Rental Regulations.

According to the staff report, modifications have been made to the draft ordinance and draft text amendments to the zoning regulations in response to the comments received at the August 2 Board meeting. Changes include removal of the word “vacation,” removal of exclusion of “bed and breakfast,” fixing references to “annual operating permit” that should be “license,” adjustment to the number of housing units included in the 5 percent cap to exclude Black Hawk and Central City, replacement of the term “companion” animal with “domestic.”

Staff added the requirement that outdoor fire, cooking, or heating facilities without an on/off control be contained into a pit or freestanding non-combustible vessel; made modification to requirements for fire extinguishing; removed “class 2 petty offense” and replaced with “civil infraction,” and updated license fees to reflect the new estimated license cap.

Staff have determined that the total number of housing units in the unincorporated county to be 3007. The draft ordinance has been updated to reflect how the number of total housing units is determined. With the proposed 5 percent cap on total housing units in the unincorporated county, the allowable number of licenses for 2022 will be 150.

Staff ran an analysis of existing short-term rental permits in February 2022 and found that 13 percent were owner-occupied, 36 percent were residents, and 51 percent were non- residents.

Staff estimates that of the 150 licenses, 20 will be issued to owner- occupied properties, 54 issued to residents, and 76 issued to non- residents. The previous estimation made by staff was that 75 percent of a full-time employee’s time was being spent administering short-term rental permits.

Based on an employee with a salary of $55,000 annually with County paid benefits of $28,325, the 75 percent of FTE would cost the County $62,494 annually. The cap would add an additional 45 licenses to process and monitor.

Staff are recommending that the adopted fee structure for short-term rental licenses be able to generate enough revenue at the 150 licenses to cover the costs of a full-time employee and the software the County uses to issue licenses and handle enforcement. Staff anticipates the total cost of administering the short-term rental licenses would be about $86,166 annually.

To meet the annual cost of the program, staff are recommending a tiered fee structure. Tier 1, $500; Tier 2, $800; and Tier 3, $1,800. The County could generate between $70,000 to $95,000 annually depending on the mix of licenses in each tier and total licenses issued. This would be enough revenue to ensure that the short-term rental licensing program is fully self-sufficient and not dependent on general fund revenue for administration and enforcement.

Commissioner Web Sill said “we need to do a little more on this.” Gutierrez said a fire pit will be inspected prior to use, and he has taken the same language the Sheriff’s Department uses. Commissioner Linda Isenhart said they have heard concerns about fire. It is important that any kind of fire that might get out of control is prohibited.

Board Chair Sandy Hollingsworth suggested adding the wording, “no open fires are allowed,” and then place the information about the required enclosures. Sill said a fire is one of the highlights of a camping trip. Everyone can sit around in a group and enjoy the conversation.

The Forest Service thinks a fire is okay. It’s part of the experience. “This whole thing for the last six months has been objectionable,” Sill said.

The Board passed the resolution and ordinance with Sill voting against them.

Gutierrez and County Manager Ray Rears introduced a contract for Geographic Information System Services. Staff have conducted an RFP process and accepted bids from 11 different consultants for the provision of GIS services for Gilpin County.

Digital Data Services, Inc., of Lakewood was the highest scoring bidder and staff are recommending the contract for GIS Services be awarded to them. The contract is not to exceed $55,280 for the remainder of 2022.

The overall objective is to design an Enterprise GIS solution that benefits Gilpin County in decision-making and communication internally and externally. DDS will focus on building the business processes that allow Gilpin County staff to maintain the majority of the County data through the development of automated scripts and solutions. The Board approved the contract.

Rears introduced a resolution for Secure Rural Schools (SRS) Funding. He said this provides funding for local schools.

By the year 2000, after decades of declining agency revenues, Congress passed the Secure Rural Schools and Community Self Determination Act (SRS) to help stabilize the funds available to rural counties. The act created an alternative methodology of calculating amounts to be paid to counties, but required additional restrictions on portions of funds for counties which selected the new payment methodology.

Payments are divided into three distinct categories, or Titles. Counties generally receive the majority of Secure Rural Schools funds under Title I, which is designated for the benefit of public schools and public roads. State law sets forth how the payments are to be allocated between road and school projects.

Rears said the County is required to make an election this year, and staff have communicated with the school district. They would like to continue Title One, with 20 percent of revenue going to the Forest Service. The Board elected Title One.

Rears introduced a resolution establishing a Master Policy & Procedure Manual. It would create a policy book kept in a central location for all policies. It would include all policies from the Board.

Sill had two objections including the dollar amount allocated. Isenhart said “It makes sense to have a single document. It can be difficult to find that information.” The Board approved the manual with Sill voting against it.

Rears then introduced adopting a Revised Procurement Policy for the County, and the Board agreed to have a work session about this before bringing it back to the Board.

Facilities Manager Ryan Keenan requested the approval of a contract for Custodial Services. After the Board approved a contract on May 17, the RSP was re-issued for open bidding.

This contract provides for five days per week cleaning services at the Gilpin County Community Center and Justice Center. An evaluation by independent parties led to the award decision to be presented now to ZTL Enterprises.

The contract outlines services starting September 1, 2022, and ending on Dec 31. The cost for service in this contract is $35,280, or $4,900 per month, at the Community Center plus $3,920 per month at the Justice Center.

Keenan said they have had trouble trying to attract someone to fill the positions. The Board approved the contract for $35,000.

The next meeting of the Gilpin County Commissioners will be onTuesday, September 6, 2022, at 9 a.m., at the Gilpin County Courthouse. For more information, go to https://gilpincounty.colorado.gov/ public-meetings/board-of-county- commissioners-bocc-meetings.