| LovelandPolitics.com |
| Lodging Tax To Be On Ballot Two candidates for Mayor, Glenn Rousey & Walt Skowron voted for it while Mayoral candidate Mayor Pro Tem David Clark voted against the lodging tax. |
Loveland - August 19, 2009
Hoping the third time will be a charm, Loveland’ Mayor and four council members (Carol Johnson, Daryle
Klassen, Glenn Rousey & Walt Skowron) voted to place a 3% lodging tax on Loveland’s November 3, 2009
ballot for voter approval. Only two weeks before Skowron argued he would never support a 3% lodging tax as
the revenue would hardly be "worth the trouble." Skowron instead supported a minimum 5% lodging tax for
Loveland.
Loveland voters have twice rejected such a tax in previous elections. Attempts to create community support for a
lodging tax have also ended in failure. Mayor Gene Pielin along with Loveland Chamber of Commerce
members looking for a revenue source to benefit their tourism and business promotion activities tried last year to
get support from the community for such a tax. see story
Organized through Loveland’s Chamber of Commerce, a group calling itself “For A Better Loveland Inc.”
disguised its original intent to support the tax last year while its organizers received positive publicity from the
Loveland Reporter-Herald for their altruistic motives in organizing the group. The effort later fell-apart after the
group’s clandestine purpose was revealed and its organizer left her position at the Chamber.
Despite Loveland voters having twice rejected such a tax and the inability of Loveland's City Council to organize
a successful community group to support the tax, it will again be on Loveland’s ballot November 3, 2009.
The councilmen who voted against the tax being placed on the ballot (Larry Heckel, Dave Clark, Cecil
Gutierrez & Kent Solt) expressed concern it is unlikely to pass given the lack of community support. August
18, was the last date available to council for passing the measure on “second reading” so it can be placed on the
November 3, 2009 ballot.
Two weeks ago on August 4, 2009, Loveland’s City Council approved on “first reading” a 5% lodging tax which
came back to council last night as two different options. One option reflected the earlier measure with few
changes while the second option was significantly changed to accommodate input from Loveland hotel owners
who were corresponding with the council.
The second option titled “Option B” lowered the tax to 3% and amended language relating to an advisory
commission to suggest how the money is spent be appointed by council. The "Option B" advisory commission
required two members be from Loveland's hotel industry and a third represent Loveland’s Chamber of
Commerce.
Both versions included general language describing the commission as this way;
“..the Commission should be made up of persons appointed by City Council who have backgrounds in the
fields and businesses of lodging, tourism, the arts, marketing, economic development or community
development.”
The council narrowly adopted “Option B” that proposes the 3% lodging tax to Loveland voters but amended that
option to exclude language reserving two seats on the advisory commission for hoteliers and another seat for the
Loveland Chamber of Commerce.
Councilman Glenn Rousey offered the amendment to the "Option B."
Lodging Tax Proposal Authorizes “Physical Force” To Implement
Included in the proposed lodging tax is some severe language that has created controversy when proposed in other
cities. The proposed ballot measure includes language that gives the City of Loveland a mechanism to impose a
lien on property owners without due process, the assessment of fines and penalties at the city manager’s complete
discretion and lastly Section 3.24.396 authorizing physical force by the Loveland Police Chief to implement.
Section 3.24.396 Chief of Police to act in aid of distraint.
The Loveland Chief of Police or his or her designee shall, upon request, assign necessary police officers to
accompany authorized city officials and act in aid of distraint. Said officers shall be authorized, upon request
of an authorized city official acting under a distraint warrant, to use all reasonable measures, including,
without limitation, reasonable appropriate physical force, to distrain or levy upon property and preserve the
peace.
Please make any comments on the blog.
Hoping the third time will be a charm, Loveland’ Mayor and four council members (Carol Johnson, Daryle
Klassen, Glenn Rousey & Walt Skowron) voted to place a 3% lodging tax on Loveland’s November 3, 2009
ballot for voter approval. Only two weeks before Skowron argued he would never support a 3% lodging tax as
the revenue would hardly be "worth the trouble." Skowron instead supported a minimum 5% lodging tax for
Loveland.
Loveland voters have twice rejected such a tax in previous elections. Attempts to create community support for a
lodging tax have also ended in failure. Mayor Gene Pielin along with Loveland Chamber of Commerce
members looking for a revenue source to benefit their tourism and business promotion activities tried last year to
get support from the community for such a tax. see story
Organized through Loveland’s Chamber of Commerce, a group calling itself “For A Better Loveland Inc.”
disguised its original intent to support the tax last year while its organizers received positive publicity from the
Loveland Reporter-Herald for their altruistic motives in organizing the group. The effort later fell-apart after the
group’s clandestine purpose was revealed and its organizer left her position at the Chamber.
Despite Loveland voters having twice rejected such a tax and the inability of Loveland's City Council to organize
a successful community group to support the tax, it will again be on Loveland’s ballot November 3, 2009.
The councilmen who voted against the tax being placed on the ballot (Larry Heckel, Dave Clark, Cecil
Gutierrez & Kent Solt) expressed concern it is unlikely to pass given the lack of community support. August
18, was the last date available to council for passing the measure on “second reading” so it can be placed on the
November 3, 2009 ballot.
Two weeks ago on August 4, 2009, Loveland’s City Council approved on “first reading” a 5% lodging tax which
came back to council last night as two different options. One option reflected the earlier measure with few
changes while the second option was significantly changed to accommodate input from Loveland hotel owners
who were corresponding with the council.
The second option titled “Option B” lowered the tax to 3% and amended language relating to an advisory
commission to suggest how the money is spent be appointed by council. The "Option B" advisory commission
required two members be from Loveland's hotel industry and a third represent Loveland’s Chamber of
Commerce.
Both versions included general language describing the commission as this way;
“..the Commission should be made up of persons appointed by City Council who have backgrounds in the
fields and businesses of lodging, tourism, the arts, marketing, economic development or community
development.”
The council narrowly adopted “Option B” that proposes the 3% lodging tax to Loveland voters but amended that
option to exclude language reserving two seats on the advisory commission for hoteliers and another seat for the
Loveland Chamber of Commerce.
Councilman Glenn Rousey offered the amendment to the "Option B."
Lodging Tax Proposal Authorizes “Physical Force” To Implement
Included in the proposed lodging tax is some severe language that has created controversy when proposed in other
cities. The proposed ballot measure includes language that gives the City of Loveland a mechanism to impose a
lien on property owners without due process, the assessment of fines and penalties at the city manager’s complete
discretion and lastly Section 3.24.396 authorizing physical force by the Loveland Police Chief to implement.
Section 3.24.396 Chief of Police to act in aid of distraint.
The Loveland Chief of Police or his or her designee shall, upon request, assign necessary police officers to
accompany authorized city officials and act in aid of distraint. Said officers shall be authorized, upon request
of an authorized city official acting under a distraint warrant, to use all reasonable measures, including,
without limitation, reasonable appropriate physical force, to distrain or levy upon property and preserve the
peace.
Please make any comments on the blog.
Ominous Provision - Any Loveland landowner (whether a hotel owner, landlord or even just a homeowner) can have their property seized by the City of Loveland without a court order according to the proposed Lodging Tax. As proposed, lodging services can include anyone accepting payment for lodging in Loveland for a period of less than 30 days except churches and prepaid lodging of less than $750 per week. Anyone else is required to pay the tax. If found in violation, the City of Loveland at the City Manager's discretion can put a lien on private property and even seize it without a court order. The city can also use "physical force" to assist in this distraint. see below Section 3.24.396 Chief of Police to act in aid of distraint. The Loveland Chief of Police or his or her designee shall, upon request, assign necessary police officers to accompany authorized city officials and act in aid of distraint. Said officers shall be authorized, upon request of an authorized city official acting under a distraint warrant, to use all reasonable measures, including, without limitation, reasonable appropriate physical force, to distrain or levy upon property and preserve the peace. |
| Councilman Walt Skowron, a longtime proponent of the tax, was excited to get the measure back on the ballot again August 18, 2009. |