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HomeMy WebLinkAboutR23-041 Establishing the Lodging Tax Fund and Appointing a Citizen Panel DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 Commissioner scherr moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2023 - 041 RESOLUTION ESTABLISHING THE EAGLE COUNTY LODGING TAX FUND; APPOINTING A CITIZEN PANEL TO ADMINISTER THE TOURISM DOLLARS FROM WITHIN THE LODGING TAX FUND; AND ESTABLISHING PROGRAM CRITERIA FOR THE ADMINSTRATION OF THE CHILDCARE AND HOUSING DOLLARS FROM WITHIN THE LODGING TAX FUND WHEREAS, on November 8, 2022,the voters of Eagle County approved Eagle County Ballot Issue 1A("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,Ballot Issue 1A provides that all operating and capital expenditures from the Lodging Tax Fund will be subject to an annual independent audit and spent in compliance with local government budget laws and program criteria developed and approved by the Board of County Commissioners (the"Board") in a noticed and public meeting; and WHEREAS, C.R.S. § 30-11-107.5(3)(e) requires that the cost of the election that was initially paid out of the general fund must be reimbursed from the Lodging Tax Fund; and WHEREAS, C.R.S. §30-11-107.5(4)(b) requires that the Board select a panel of no less than three citizens from within the local tourism industry to administer the Tourism Dollars according to the criteria set forth at C.R.S. § 30-11-107.5 (4)(a)through(c); and WHEREAS,the Board wishes to establish the Eagle County Advertising and Marketing Local Tourism Citizen Panel (the "Panel"), and develop the ongoing standards and conditions for the appointment of members to the Panel in future years; and WHEREAS,pursuant to Ballot Issue 1A, the Board must also develop and approve I DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 program criteria to utilize the Childcare and Housing Dollars to support our local workforce and quality of life by providing additional childcare programs and affordable housing opportunities for local workers; and WHEREAS, in furtherance of the purposes of Ballot Issue IA, and to provide for orderly programs and process for implementation of Ballot Issue 1A, it is hereby determined appropriate and in the public interest to adopt this Resolution to: (1) establish the Lodging Tax Fund; (2) appoint a citizen panel to administer the Tourism Dollars; and (3) establish program criteria to guide the expenditures for the Childcare and Housing Dollars. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT,with the passage of Ballot Issue 1A, and pursuant to C.R.S. § 30-11-107.5(4)(a) the Eagle County Lodging Tax Fund is hereby established, and the cost of the election will be reimbursed to the Eagle County General Fund out of the Lodging Tax Fund. THAT, as set forth and in accordance with the criteria and requirements described below, the Eagle County Advertising and Marketing Local Tourism Citizen Panel(the"Panel") is hereby established. THAT, the Panel shall consist of three(5) full-time residents of Eagle County who shall administer the Tourism Dollars to advertise and market tourism for the benefit of unincorporated Eagle County. THAT,there shall be one (1) Panel member who represents unincorporated Eagle County and the Town of Gypsum at large, and the remaining four(4)Panel members will be selected to represent each of the four(4) discrete districts, described as follows: 1. The Beaver Creek/Eagle Vail Area, which is unincorporated Eagle County east of the western point line of the town of Avon boundary. This includes areas such as Beaver Creek, Bachelor Gulch, Eagle Vail, and other unincorporated areas; 2. The Edwards/Wolcott Area, which is unincorporated Eagle County within the Eagle River Valley west of the western point line of the town of Avon boundary. This includes areas such as Edwards, Arrowhead, Singletree, Homestead, Lake Creek, Cordillera,Wolcott, Bond, McCoy, and other unincorporated areas; 3. The Roaring Fork Area, which his unincorporated Eagle County within the Roaring Fork Valley; and 4. The Town of Gypsum, which is within the municipal boundaries of the Town of Gypsum. THAT, the following individuals shall be appointed to the Panel for staggered terms, with reappointments or replacement appointments being for three-year terms for each position: DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 1. Beaver Creek/Eagle Vail Area Representative: Jeff Andrews - 2 year term. 2. Edwards/Wolcott Area Representative: Hanna Albertson- 2 year term 3. Town of Gypsum Representative: Ben Dodd- 1 year term 4. Roaring Fork Area Representative: Betina Infante - 3 year term 5. At large unincorporated Eagle County and Town of Gypsum Representative: Tom Boyd- 3 year term THAT, members of the Panel shall be subject to state law relating to expenditure of Tourism Dollars under C.R.S. § 30-11-107.5(4)(a) through(c), and Open Public Meetings (C.R.S. § 24-6-401, et. seq.) and conflicts of interest regarding expenditure of Tourism Dollars. In addition, a member shall be prohibited from voting on a project for funding in which they have an interest. Said conflict must be disclosed by the member as soon as such member becomes aware of the potential conflict. THAT, the Panel shall create and approve bylaws, to be approved by the Board of County Commissioners, which among other things,require the Panel to convene a minimum of once a year or as otherwise necessary for administration of the Tourism Dollars and for performing its other functions under this Resolution. THAT, the Panel shall be responsible to submit to the Board a written report regarding expenditures of Tourism Dollars on a yearly basis, no later than January 31 of the following year. THAT, the program criteria for expenditure of Childcare and Housing Dollars from within the Lodging Tax Fund, as set forth in Exhibit B (Early Childhood Guiding Principles) and Exhibit C (Housing Units Guiding Principles), attached hereto and incorporated herein by this reference, which was presented for consideration by staff and considered by the Board during a public meeting on January 10, 2023, are hereby adopted. THAT,the program criteria set forth in Exhibit B and Exhibit C outlines how the Childcare and Housing Dollars will be used to support Eagle County's local workforce and quality of life by supporting additional childcare programs and affordable housing opportunities for local workers. THAT, the Board may amend or modify this Resolution and the program criteria set forth in Exhibit B or Exhibit C, or any condition or provision contained herein, in accordance with the law so long as such changes or modifications are considered in a public meeting and comply with the voter-approved uses of the funding described in Ballot Issue 1A. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 13 day of June, 2023. r-- DocuSigned by: I0..., COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its `OLO,,.d° BOARD OF COUNTY COMMISSIONERS ATTEST: DocuSigned by: ,-DocuSigned by: �,,,�I,. rtlit& 0-'61riuA' By: f C6A-itur—tkumi Cler fil of Kathy Chandler-Henry County Commissioners County Commissioners Chair DocuSigned by: Sdkur h citt 73... Commissioner LimecDocuSigned by: IIeleQuteeney Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Aye Commissioner Scherr Aye Commissioner McQueeney 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:A60A7418-E9A4-4D0D-B388-D197EABE5373 • EXHIBIT A lott '116;g1PIF IP'1‘11.116 it 44111** . '''''''' '' lif4Vily2,, Ikr..ik 0 ...0..,,'.14. ' "-,A11111. 1 --,-.411,644 rfiii''''% ' I' 040100 At ,,,40*. - _. . , , , .0,..,4 „..0,... , , ,,,.. ak„.444, :: 4f r toy. 0 to% 4 404,, :00.,,,i,E3r:,:iil'ii7,r..;,.,.iititio:14,7"..'."44;''..;1140."*„. :44.4:: : ,,...71,‘ ;7:,..„,,;.,:41,,se,,,I.:, ,‘: -'%7.:1---•,-:-----i. 711:- . ' .,--4-*ft.,440.1%,'-10,11 *. ...100i'r .' '''i '3.:.'''.,Mr . '''i.' 4 40,,,,,,,,l, .., To „,,,t 4 ,, ,, tri4)0faiik . Jile lita„, , - PolleirMIOWrivear7°4 ,, 1' ' - - .--‘ i lir , - lik' • 41 41.• ..,,, ...... 440114t 11 a fly xa , ft/1/4*,,,0011, ri,.., ,....... ,. ,7'., '. ' .''',.3:,O:r'';'if„e''''.'''.2, ';,! .' ' : :'.,::‘;' 1. 'r r..i: ' r ""AL.,, .Ili ..,...-, Beaver Creek/EagleVail Area Edwards/Wolcott Area ' . Roaring Fork Area oI Town of G sum &��, YP DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 EXHIBIT B °11111ki; EARLY CHILDHOOD GUIDING PRINCIPLES EFFECTIVE DATE: 01/01/2023 STATEMENT: Eagle County has adopted a set of strategic priorities that includes supporting its workforce, and more specifically, providing early EAGLE COUNTY childhood care and education. The primary objective of this guiding principles document is to establish a broad framework for how to implement this strategic priority. Background and Definitions The Eagle County community has long struggled with the lack of quality early childhood education and care options that are accessible and affordable to its workforce. Eagle County, in partnership with the Eagle County School District, commissioned the 2016 Early Childhood Roadmap which indicates that there may be 1,381 children whose families may need or want licensed care, but may not be getting it.The COVID19 pandemic both highlighted the critical importance of licensed child care,to ensure emergency responders and others critical to the workforce were able to continue working, and increased the pressure on a low-wage, high-stress profession. This guiding principles document outlines the framework within which staff will work in partnership with key stakeholders to bring solutions to the Eagle County workforce and residents. Implementation Eagle County drafted two strategic goals in 2022-increasing access to child care and child care subsidies by maximizing enrollment in the Child Care Assistance Program(CCAP)and increasing quality in licensed child care programs through increased coaching investments by December 31, 2023. There is no one solution to child care challenges in Eagle County. Investments to subsidize childcare programming, attract and retain a high-quality ECE professional workforce, address safety needs and other overhead costs are all part of supporting a more resilient system. Using the Eagle County Early Childhood Roadmap as a guide, staff will seek out projects that meet as many of the following criteria as possible. • Accessibility: "Accessibility refers to the ability of families to secure a spot for their child in childcare or an early learning program.A well-functioning system should meet the demand for children from 0-5 years old.To do so, sufficient programs must operate at their desired enrollment capacity during convenient hours and year-round for working parents. Programs must also be conveniently located for families. Family, friends, and neighbor care is often the only accessible option due to geographic constraints or the need for flexible or unusual hours." • Affordability:"High-quality childcare and early education is a labor intensive industry. Childcare centers often report that 80 percent or more of their business expenses are for employee pay, even though childcare workers are among the lowest-paid professionals in the country.The US Department of Health and Human Services has stated that no more than 10 percent of a family's income should be spent on childcare for it to be considered affordable." • Quality:"For childcare and early learning to make a positive difference in child development and future educational success, children must attend quality programs. High-quality programs provide quality programming-curriculum, instruction and teacher-child interaction -delivered by effective DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 teachers.The highest quality programs also recognize that successful early learning takes place beyond the childcare or early learning provider's walls in the child's home, and that a child's physical and mental health needs must also be met." • Evidence Informed: Investments will be evidence informed and based in best practices from the early childhood field. • Timeliness: Priority will be given to high-and immediate-impact investments. It is critical to prioritize strategies that can support Eagle County children and families as quickly as possible. • Equity: Priorities and investments must reflect principles of equity, diversity, and inclusion, and support programs, children, and families regardless of race, ethnicity, gender, income, address, and/or primary language. Ongoing Oversight and Governance The advisory group and steering committee making recommendations on the most impactful use of these funds will bring together and leverage existing groups of stakeholders and established organizational structures. This collaboration will work to meet the goals assigned to a"coordinating entity"as defined in the Roadmap,to include the following functions: to facilitate the development of common goals,gain commitment for achieving those goals, and build a broad base of active support for these goals across the community. Participants may include: community businesses and employers; county and local governments; non-profit organizations; parents; schools; and early childhood professionals and providers. Funding The Lodging Tax passed by voters in November 2022 will bring in up to $3 million of revenue annually for early childhood programming and housing needs. • Funds should be leveraged with state grants or other funding streams when possible. • Local fundraising opportunities for additional investment into early childhood should be explored. DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 EXHIBIT C HOUSING UNITS GUIDING PRINCIPLES EFFECTIVE DATE: 05/24/222 STATEMENT: Eagle County has adopted a set of strategic priorities that includes supporting its workforce, and more specifically, implementing EAGLE COUNTY innovative solutions to encourage affordable housing.The primary objective of this guiding principles document is to establish a broad framework for how to implement this strategic priority. Background and Definitions The Eagle County community has long struggled with the lack of housing that is affordable to its workforce. Eagle County, through the Eagle County and Development Authority("ECHDA"), has commissioned several studies outlining the need for affordable housing. The 2018 Housing Demand Study indicates that by the year 2025 the community will need 5,900 in additional occupied housing units.The 2021 Mountain Migration study showed that the COVID19 pandemic accelerated the need for workforce housing in Eagle County and other mountain communities.This guiding principles document outlines the framework within which staff will work to bring solutions to the Eagle County workforce and residents. Implementation Eagle County drafted two strategic goals in 2021 -increasing inventory of affordable homes by 400 units by December 31, 2023 and plan, design, entitle and partner to ensure 500 additional units are construction ready by December 31, 2023. There is no space for the perfect affordable housing project in Eagle County. Project trade-offs include location, timing, and price. We will not let the"perfect"get in the way of the"good"and staff will seek out projects that meet as many of the following criteria as possible. • Location- it is not a requirement of this framework that investments are equal in all geographic areas, however ideally units should be spread up and down the Eagle River valley and in the El Jebel area within Eagle County. Housing should be near the jobs and spread throughout areas that are desirable to the workforce. Large projects should be located on the valley floor with easy access to transportation, services and other amenities. Infill should be valued more than the creation of entire new communities.We acknowledge that costs and subsidies will be elevated in certain areas. • Timing-the time for action is now.There is a sense of urgency around this issue today, so projects that can deliver units quickly should be pursued.While land banking can be considered, it should be balanced with providing Units in the near term. • Conversion of existing units and construction of new units-we can not build our way out of this problem.The conversion of existing units from vacant or unaffordable units into units that are occupied by full time residents and with increased affordability should be a focus. Density should be added in existing neighborhoods when possible. New neighborhoods should be carefully designed and allow for maximum efficiency of new products. New units should generally be smaller and projects more dense to ensure the maximum number of households can be served. Work should be done with towns and homeowners associations to make building accessory dwelling units in existing neighborhoods easier. DocuSign Envelope ID:A60A7418-E9A4-4D0D-B388-D197EABE5373 • Target market-we need to serve both homeowners and renters. Projects that include units that would be appealing to seniors should be considered.To keep residents and families in the community for the long term and build generational wealth, homeownership should be a high priority for Eagle County.We acknowledge that the per unit subsidy needed may be higher for ownership units because the availability of state and federal subsidies for these units has traditionally been lower than for rental projects. • Affordability-there are not enough units to house the workforce of Eagle County, regardless of household income.While income caps are not required,the level of funding should match the length of time and depth of affordability. Price capped restrictions should be valued significantly more than resident occupied restrictions. • Energy efficiency-we should be mindful of greenhouse gas emissions in newly designed projects, and balance financial returns and availability of energy efficient products. Goal of new projects should be net zero, but net zero ready, all electric, and/or electric ready projects will be considered. The cost of these improvements should neither drive nor drag the development plan, however should be a part of the discussion. Connections will be made with existing programs such as the Energy Smart program to ensure units that come into the workforce housing inventory have access to inexpensive and/or incentivized energy improvements. Funding While neither Eagle County nor ECHDA have a dedicated funding source for housing, Eagle County dedicated $10 million from general fund reserves and the sale of a significant ECHDA asset generated an additional $50 million, making approximately$60 million available to implement this policy. • Funds should be leveraged with loans or matching funds when possible. • When rental projects are funded, a loan should be considered so the dollars can be revolved into new projects in the future. • While we are not setting a firm date for when the $60 million should be spent, staff should work to spend the dollars with a sense of urgency, balanced with the need for ongoing operations of ECHDA and today's inflated construction and land costs. • Partners should be sought for all projects. Partners may include municipalities, special districts, non profit organizations, etc.