John Scarffe, Black Hawk.  The Black Hawk City Council approved an ordinance regarding out-of-state retailers doing business in Colorado during a regular meeting at 3 p.m. on Wednesday, January 9, 2019, at 211 Church Street. The council also approved the amended City Fee Schedule, the supplemental change order to the professional services agreement for the Hidden Treasure final trailhead design and a job description for corporal in the Police Department.

Finance Director Lance Hillis introduced the ordinance amending the Black Hawk Municipal Code regarding out-of-state retailers doing business in Colorado. In June 2018, the U.S. Supreme Court issued a decision in the South Dakota vs. Wayfair, Inc., case regarding the licensing and sales tax collection requirements of out-of-state retailers, according to the request for council action.

The case was decided in favor of South Dakota, thus removing the requirement that a retailer have a physical presence within a taxing jurisdiction to be required to collect and remit sales tax, according to the request. The State of Colorado recently revised its requirements to be consistent with the ruling, and this ordinance allows the city to follow the rules promulgated by the State.

Hillis said the ordinance allows out-of-state vendors to collect and remit sales tax. “It’s a good thing for you.” Mayor David Spellman said this is the first step, and Hillis said the city already has persons who qualify.
City Attorney Corey Hoffmann said he looks at this as a simplification ordinance. It is consistent with what the state is doing.

Spellman said they could be making further changes in the future, and the council approved the ordinance.

Community Planning and Development Administrator Cindy Linker presented a resolution amending the 2018 City of Black Hawk Fee Schedule. Incorporated into the Fee Schedule are changes proposed by City staff. Community Planning wanted to reduce the fee to $50 to sign applications for land use, plan review and consulting.

People can come in and pay the $50 fee, and when the application is completed, staff will forward it to the consultant for processing. The council approved the resolution.

Public Works Director Tom Isbester requested approval of a resolution for the supplemental change order to the professional services agreement for the Hidden Treasure final trailhead design with Stolfus and Associates, Inc., in an amount not to exceed $109,060.

“This project has evolved since its original scope was defined,” according to the request. The parking lot size was modified to eliminate the need for turning lanes, and the Colorado Department of Transportation (CDOT) access permit acquisition was started.

Some delays with the CDOT historic resources clearance occurred, and at the same time the project was essentially shelved due to funding and time constraints. Additional landscaping elements were included just before stopping work on the design, according to the request.

This project is being resurrected, and this change order will take the project through final design, contract documents and bidding, according to the request. Work will also include the CDOT access permit and associated historical clearances required for the permit.

Construction assistance will be included with the construction contract award. Project work will include a bridge over Highway 119 from the parking lot, the parking lot itself with the relocated Hawk statue, a vault toilet and parking lot lighting.

Isbester said this does not include construction management, which will be in a supplemental request. The council approved the ordinance.

Acting Police Chief Tory Jantz presented a revised job description for corporal in the Police Department. During the 2019 budget process, the police chief received approval to develop a new program designed to prepare police officers for more supervisory responsibility.

The chief received approval to allow three officers to serve as temporary corporals with limited supervisory duties to help develop their supervisory skills, according to the request. Officers would apply for the corporal positions, and if selected, they would serve for one year and receive a stipend of $400 a month for the year and work closely with a sergeant and a commander.

“At the end of a year, they would re-apply for an additional year or return to their previously held position, allowing someone else the opportunity to develop their supervisory skills,” according to the request.

The program would last two years and then would be evaluated to determine if it would continue, be discontinued or modified. “The goal of the program is to develop future supervisors by reducing the risk associated with a formal promotion,” according to the request.

Employees who want to become supervisors have an opportunity to test drive the position; thereby, reducing risk of failure. “It also gives the police chief the ability to evaluate prospective supervisors before they are formally promoted,” according to the request.

The approval of the corporal job description is part of an overall strategy to improve the capabilities of the staff. The council approved the job description.

(Originally published in the January 24, 2-019, print edition of The Mountain-Ear.)