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HomeMy WebLinkAboutR24-010 Adopting the Eagle County Lodging Tax Marketing Committee Bylaws DocuSign Envelope ID:F23651 D3-CCA6-449D-B566-485BD3C4AC3A Commissioner chandler-Henry moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2024- 010 RESOLUTION ADOPTING THE EAGLE COUNTY LODGING TAX MARKETING COMMITTEE BYLAWS WHEREAS, on November 8, 2022, the voters of Eagle County approved Eagle County Ballot Issue lA ("Issue 1A") which provides within unincorporated Eagle County and the Town of Gypsum for the levy of a two percent (2%) lodging excise tax on the rental fee, price or other consideration paid or charged for the leasing, rental, sale or furnishing of a room or accommodation for a short term,the proceeds of which will be held by Eagle County in a separate fund and will be spent as outlined below (herein referred to as the "Lodging Tax Fund"); and WHEREAS,pursuant to C.R.S. § 30-11-107.5(1.5)(b) and the provisions of Issue 1A, ten percent(10%) of the Lodging Tax Fund must be used for advertising and marketing local tourism(the"Tourism Dollars") and the remaining ninety percent (90%) may be used to support our local workforce and quality of life by providing additional childcare programs and affordable housing opportunities for local workers (the "Childcare and Housing Dollars"); and WHEREAS, on June 13, 2023, Resolution No. 2023-041 was adopted,providing for the establishment of the Eagle County Lodging Tax Fund, appointing members to the Lodging Tax Marketing Committee (the"Committee") to administer the tourism dollars from within the Lodging Tax Fund; and establishing program criteria for the administration of the childcare and housing dollars from within the Lodging Tax Fund was adopted by the Board of County Commissioners, County of Eagle, State of Colorado; and WHEREAS, the Committee has drafted bylaws that set out rules of procedure for the transaction of business of the Committee, which are attached here as Exhibit A; and WHEREAS, the Committee has reviewed the Bylaws and opined that the Bylaws are ready for recommendation for approval by the Eagle County Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,the Lodging Tax Marketing Committee's Bylaws (Exhibit A) are hereby adopted by the Board of County Commissioners. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. DocuSign Envelope ID:F23651 D3-CCA6-449D-B566-485BD3C4AC3A MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held December 30, 2024. DocuSigned bYCOUNTY OF EAGLE, STATE OF ,Fi °%) COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: `a°" DocuSigned by: DocuSigned by: FrElitA.A. DI'briuA, By: M.a S f9D62f2'8886140... 81C7B2D718C0173... Clerk to the Board of Matt Scherr County Commissioners County Commissioners Chair DocuSigned by: GA4A 1 6r8 7A.. Jeanne IV cyueeney Commissioner DocuSigned by: 6itui at.a.v.Atx_" $RA681FFFRRAA03 Kathy Chandler-Henry Commissioner Commissioner McQueeney seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado DocuSign Envelope ID:F23651D3-CCA6-449D-B566-485BD3C4AC3A BYLAWS EAGLE COUNTY LODGING TAX MARKETING COMMITTEE ARTICLE I NAME The name of the organization shall be the Eagle County Lodging Tax Marketing Committee (the "Committee"). ARTICLE II PURPOSE The purposes for which the Committee is formed are set forth in Colorado Revised Statutes Section 30-11-107.5 and Eagle County Resolution No. 23-041, adopted by the Eagle County Board of Commissioners (the"Board") on June 13, 2023. The Committee shall be responsible for the administration and management of a portion of the tourism funds ("Tourism Dollars") collected pursuant to the lodging tax approved by the voters of Eagle County on November 8, 2022 through the passage of Ballot Issue 1A. The Committee shall administer and manage Tourism Dollars for the purpose of advertising and marketing tourism in Eagle County, Colorado. Tourism Dollars shall not be used for any capital expenditures with the exception of tourist information centers. ARTICLE III MEMBERSHIP AND TERMS a. The Committee shall consist of five (5) voting members, including one (1) Committee member representing each of the following areas: i. Unincorporated Eagle County and the Town of Gypsum at large ii. Beaver Creek/Eagle Vail iii. Edwards/Wolcott Area iv. The Roaring Fork Area v. Incorporated Town of Gypsum b. Members of the Committee shall be appointed by the Board for staggered terms, with reappointments or replacement appointments being for three (3) years. c. Members of the Committee shall serve at the pleasure of the Board.The Board may remove any Member from the Committee if the Board determines, in its sole discretion, that a Member is not adequately performing their duties or has engaged in misconduct. d. If any Member fails to attend three consecutive meetings without just cause,the Committee shall advise the Board and recommend that such Member be removed. If there is a vacancy DocuSign Envelope ID:F23651D3-CCA6-449D-B566-485BD3C4AC3A on the Committee, the remaining Committee Members may recommend to the Board a replacement for such vacancy. ARTICLE IV OFFICERS The officers of the Committee shall be selected from the voting members of the Committee, and shall consist of a Chair, Vice Chair, and Secretary. Officers shall be elected by the Committee at its first regularly scheduled meeting of each calendar year. All terms of the officers shall be for a period commencing on the date of the election and ending with the election held the following year, but shall continue until their successors take office. Vacancies occurring in any office shall be filled by a person elected by a majority vote of the remaining members of the Committee,who will serve for the remainder of the unexpired term. ARTICLE V DUTIES OF OFFICERS The Chair shall preside at all meetings of the Committee at which they are present, shall perform such other duties as may be presented or assigned by the Committee,and shall coordinate the work of the Committee in order that its purposes may be effectuated. The Vice Chair shall perform the duties of the Chair in the absence or disability of that officer and shall perform other duties that the Chair is unable to fulfill or as assigned by the Chair or the Committee. The Secretary shall keep the minutes of all proceedings of the Committee and shall perform all other duties that may be incidental to the office of Secretary. In the absence of the Secretary, the Chair shall appoint a Member to serve as secretary for the meeting at which the Secretary is absent. ARTICLE VI MEETINGS a. The Committee shall convene no fewer than twice annually. The Committee shall adopt a regular meeting schedule at its first annual meeting of each year. This schedule will be posted on the Eagle County public website. b. Meetings of the Committee shall be subject to Open Public Meetings (C.R.S. § 24-6-401, et seq.). All regular meetings of the Committee shall be open to the public and notice of such meetings will be posted on the Eagle County public website at least 24 hours in advance of the meeting. The business of each meeting shall be limited to items on the agenda stated in the notice of any meeting. c. A quorum shall be present at any meeting at which there is a simple majority of Members present. Members may attend meetings remotely via phone or video conference. DocuSign Envelope ID:F23651 D3-CCA6-449D-B566-485BD3C4AC3A d. The order of business shall be established by the Chair. Meeting agendas will include: Attendance, Minute Approval, Financial Approval, Old Business, and New Business. e. All votes,regardless of whether attendance is remote or in person, shall be by roll call and shall be recorded in the minutes. ARTICLE VII GENERAL POLICIES a. The Committee shall convene no fewer than once per year, and as often as necessary for administration of Tourism Dollars and for performing its other functions under Resolution No. 23-041 and C.R.S. § 30-11-107.5. b. The Committee shall take no action and shall adopt no policy,position,or resolution unless approved by a majority vote of the Members present at a duly scheduled and noticed meeting. c. Each year,the Committee shall submit to the Board a written report regarding expenditures of Tourism Dollars during the preceding year no later than January 31 of the following year. d. Members of the Committee must disclose any potential conflicts of interest as soon as such Member becomes aware. A Member may not vote on a potential project for funding in which they have an interest, and the minutes of the meeting in which such a conflict exists shall record such disclosure and abstention. e. Any funds over which the Committee has the power of disposal shall be expended in accordance with law for the purposes set forth in C.R.S. § 30-11-107 and expressed in these Bylaws. The Committee shall review such expenditures for compliance with the law and the conflicts of interest policy. ARTICLE VIII AMENDMENTS TO BYLAWS The Committee shall have the power to repeal and amend these bylaws by vote of the Members of the Committee at any time at any meeting called for that purpose. Any amendments to the bylaws shall be presented in writing to the Committee,who shall approve or not approve the amendment at a subsequent meeting upon majority vote. These bylaws, and any amendments hereto, are subject to approval by the Board. The foregoing bylaws were approved on December 12, 2023, by 5-0 vote of the Committee. Said bylaws shall become effective immediately upon approval by the Eagle County Board of Commissioners. DocuSign Envelope ID:F23651D3-CCA6-449D-B566-485BD3C4AC3A Eagle County Advertising and Marketing Local Tourism Citizen Committee: DocuSigned by: LT7Tii �D!•F6DOE320R4F8... 2/6/2024 Chair Date