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HomeMy WebLinkAboutCity Council Committees - Lodging Tax Advisory Committee - 04/22/2019 The Lodging Tax Advisory Committee typically meets in April and September to review grant requests. Unless otherwise noted, meetings are held in the Centennial Center North & South Conference Rooms, 400 West Gowe Street, Kent. For more information, contact Rhonda Bylin at 253-856-5457 or RBylin@KentWA.gov. For disability accommodation, please contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Lodging Tax Advisory Committee Agenda Committee Members: Bill Boyce, Chair John Casey - Tim Higgins - Andrew Hutchison Mo Abouelrous - David Kwok – Bryan Powell - Barbara Smith City Staff: Bill Ellis – Michelle Wilmot - Rhonda Bylin April 22, 2019, 4 p.m. Centennial Center N&S Conference Rooms Item Description Action Speaker Time 1. Call to order Chair Boyce 1 min. 2. Roll call Chair Boyce 1 min. 3. Changes to the agenda Chair Boyce 1 min. 4. Approval of the Minutes – December 10, 2018 YES Chair Boyce 1min. 5. LTAC Budget Update/Review NO Barbara Lopez 10 min. 6. Review/Adoption of Proposed LTAC Bylaws YES Adam Long 15 min. 7. Determination of Non-Profit vs. For Profit Applicant Eligibility NO Adam Long 10 min. 8. Adjourn Chair Boyce Page 1 of 2 Pending Approval Lodging Tax Advisory Committee Lodging Tax Advisory Committee-Special Meeting Minutes December 10, 2018 Date: December 10, 2018 Time: 4:00 PM Place: Centennial Center - 1St Flr Attending: Bill Boyce, Chair John Casey, Tim Higgins, Andrew Hutchison, Andrea Keikkala, David Kwok, Agenda: 1. Call to Order 4:00 PM 2. Roll Call Attendee Name Title Status Arrived Bill Boyce Chair Present John Casey Present Tim Higgins Absent Andrew Hutchison Present Andrea Keikkala Absent David Kwok Present Bryan Powell Absent Barbara Smith Present 3. Changes to the Agenda 4. Approval of the Minutes - November 26, 2018 1. Approval of Minutes dated November 26, 2018 MOTION: Move to approve the Minutes dated November 26, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: John Casey SECONDER: Barbara Smith AYES: Casey, Hutchison, Kwok, Smith ABSENT: Higgins, Keikkala, Powell 5. Evaluate/Score Grant Applications 4.1 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 0 , 2 0 1 8 4 : 0 0 P M ( A p p r o v a l o f t h e M i n u t e s - D e c e m b e r 1 0 , 2 0 1 8 ) Lodging Tax Advisory Committee Lodging Tax Advisory Committee-Special Meeting Minutes December 10, 2018 Kent, Washington Page 2 of 2 The four remaining proposals were discussed and a recommended award amount determined by the committee. Members recommended awards were averaged then rounded up to the nearest $100.00, resulting as follows: Title (Event /Project / Program / Facility) Amount Requested Recommendation Washington Open Invitational $12,800 $10,000 CAMPS Round Table Breakfast meetings and events $15,000 $7,500 Valley Cities Geocaching Adventure $2,750 $1,100 Highline Golf Invitational $2,500 $2,900 These recommendations and those discussed during the November 26th Meeting will be presented to Kent City Council for approval Tuesday, December 11, 2018, as a walk-on item under Other Business. 6. Appoint/Re-appoint Committee Members Motion was made to re-appoint both Andrew Hutchinson and Barbara Smith to the Lodging Tax Advisory Committee for three year terms that will expire on December 31, 2021. John Casey Moved, Andrew Kwok Seconded and the re-appointments were confirmed with all present voting Aye/Yes. Motion was made to appoint Mohamad Abouelrous to the Lodging Tax Advisory Committee for a three year term that will expire on December 31, 2018. Mr. Abouelrous represents hotel interests. David Kwok Moved, Barbara Smith Seconded and the appointment was confirmed with all present voting Aye/Yes. 7. Adjournment 4:45 PM Committee Secretary 4.1 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f D e c 1 0 , 2 0 1 8 4 : 0 0 P M ( A p p r o v a l o f t h e M i n u t e s - D e c e m b e r 1 0 , 2 0 1 8 ) 2016 2017 2018 2019 2019 2019 Actual Actual Actual Adopted Budget YTD Est. Actual Beginning Fund Balance 394,516 469,386 457,556 336,486 336,486 336,486 Revenues Lodging Tax 293,347 312,980 312,813 291,830 53,480 291,830 Interest Income 1,512 3,995 7,682 3,000 1,881 3,000 Total Revenues 294,859 316,975 320,495 294,830 55,362 294,830 Expenditures Annual Contracts 184,678 287,123 362,170 307,600 - 307,600 One-time Projects & Events 25,000 25,000 61,698 193,000 2,200 193,000 Interfund Charges (ECD Staff & IT) 10,311 16,681 17,698 10,190 47 10,190 Total Expenditures 219,989 328,804 441,566 510,790 2,247 510,790 Change in Fund Balance 74,870 (11,830) (121,071) (215,960) 53,114 (215,960) Ending Fund Balance 469,386 457,556 336,486 120,526 389,600 120,526 Lodging Tax Operating Fund Report as of March 31, 2019 5.a Packet Pg. 5 At t a c h m e n t : M a r c h 2 0 1 9 L o d g i n g T a x O p e r a t i n g F u n d R e p o r t ( 1 7 4 8 : L T A C B u d g e t U p d a t e / R e v i e w ) Lodging Tax Revenues 2013 2014 2015 2016 2017 2018 PRELIM 2019 Variance % of Change January 13,395 13,336 16,651 17,552 18,474 18,552 18,304 (248) -1.4% February 10,886 12,550 13,424 14,410 15,163 18,027 16,576 (1,451) -8.8% March 11,641 13,004 13,870 16,517 17,130 16,513 18,600 2,087 11.2% April 13,023 14,787 14,512 17,505 19,187 16,030 May 14,764 16,742 17,421 18,210 21,895 23,372 June 14,664 15,636 17,213 21,337 21,174 22,985 July 17,290 20,058 22,598 23,960 25,904 29,311 August 23,152 26,947 34,809 33,870 36,793 37,386 September 28,734 33,976 38,364 38,142 39,246 37,885 October 31,628 35,047 37,780 39,611 41,791 43,310 November 19,525 24,710 29,028 31,007 30,307 26,825 December 18,916 22,583 23,796 20,474 25,916 24,070 Year to Date 217,618$ 249,377$ 279,466$ 292,594$ 312,980$ 314,265$ 53,480$ 388$ 0.1% - % Change:15.8%14.6%12.1%4.7%7.0%0.4% 5.a Packet Pg. 6 At t a c h m e n t : M a r c h 2 0 1 9 L o d g i n g T a x O p e r a t i n g F u n d R e p o r t ( 1 7 4 8 : L T A C B u d g e t U p d a t e / R e v i e w ) LODGING TAX ADVISORY COMMITTEE 220 Fourth Ave S Kent, WA 98032 DATE: April 22, 2019 TO: Lodging Tax Advisory Committee FROM: Office of the City Attorney SUBJECT: Review/Adoption of Proposed LTAC Bylaws MOTION: Recommend the Committee Adopt the bylaws as presented by the assistant City Attorney. SUMMARY: Bylaws establish rules of conduct and govern the operations of the committee. The bylaws proposed are attached to this agenda. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City ATTACHMENTS: 1. LTAC Bylaws 2019 ARL 4.16.19 (003) (PDF) 6 Packet Pg. 7 BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE Page 1 of 7 (4/22/19) BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE ARTICLE I Organization Section 1.1. Organizational Name. The name of the Committee is the City of Kent Lodging Tax Advisory Committee (“Committee”). As provided for in section 2.54.020 of the Kent City Code (“KCC”), the Committee consists of nine (9) members appointed by the City Council (“Members”). Section 1.2. Committee’s Duties and Responsibilities. The Committee shall have those duties and responsibilities as provided for in RCW 67.28.1816 and KCC 2.54.040, as currently enacted or later amended. As provided in KCC 2.54.040, the Committee shall make reports and recommendations to the mayor and city council as follows regarding proposals for imposition of a city lodging tax, review any increases in the rate of tax imposed, repeal of any exemption from a tax imposed, or a change in the use of revenue received under Chapter 67.28 RCW. The Committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the Mayor and City Council. The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. As provided in RCW 67.28.1816, the Committee shall also receive applications for use of lodging tax revenues, and shall select candidates from amongst the applicants, and provide a list of such candidates and recommended amounts of funding to the City Council. ARTICLE II Meetings Section 2.1. Place of Meetings. All regular meetings of the Committee shall be held in the City of Kent, Centennial Building, 4th Floor, Room 402 at 4:00 PM, located at 220 Fourth Avenue South, in the City of Kent, Washington, unless otherwise designated by a majority of the Committee or the Chair and set forth in the notice of the meeting. Section 2.2. Meetings. 2.2.1 Regular Meetings. The Committee shall regularly meet, at least twice per year, on the first Monday of April and October, at 4:00 p.m., in the meeting location designated in accordance with Section 2.1. All meetings of the Committee will be conducted in accordance with the Open Public Meetings Act, Ch. 42.30 RCW. Subject to appropriate notice, the Chair, by written or verbal order, may establish or amend the date or time for regular meetings of the Committee. 2.2.2 Special Meetings. Special meetings of the Committee may be called at any time by the Chair or a majority of the Committee, subject to the notice and special meeting requirements of Ch. 42.30 RCW. Section 2.3. Notice of Meetings. Notice of the Committee’s meetings shall be given by the Secretary as required by the Open Public Meetings Act, Ch. 42.30 RCW. 6.a Packet Pg. 8 At t a c h m e n t : L T A C B y l a w s 2 0 1 9 A R L 4 . 1 6 . 1 9 ( 0 0 3 ) ( 1 7 4 6 : R e v i e w / A d o p t i o n o f P r o p o s e d L T A C B y l a w s ) BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE Page 2 of 7 (4/22/19) Section 2.4. Agendas. The Committee’s agenda shall be set by the Chair, in coordination with the Secretary. A copy of the agenda for all Committee meetings should be sent by the Secretary to each Member at 24 hours prior to the date of the next meeting, accompanied with any necessary staff reports. Unless altered by the Chair, or by a majority of the Members present at any Committee meeting, the order of business of all meetings of the Committee shall be as follows: 1. Call to order; 2. Roll call; 3. Changes to the agenda (if not a special meeting); 4. Adoption of minutes from prior meeting(s); 5. Business; 6. Informational Items; and 6. Adjournment. At any regular meeting, a Member may ask that an item be considered by the Committee, even if it is not identified on a formal agenda, by raising the issue during the changes to the agenda. The item shall then be considered, with the approval of the Committee. At a special meeting, however, items that are not on the agenda should not be considered or discussed by the Committee. Section 2.5. Quorum. The number of Members required to be present at any meeting to transact the Committee’s business is five (5), or if the number of Members serving on the Committee is less than nine (9), then a majority of the then current membership shall constitute a quorum for the purpose of transacting the Committee’s business. If there is no quorum at the opening of a meeting, the Chair may re-arrange the agenda to allow voting items to occur later in the meeting, allowing additional members to arrive, if late, or such meeting may be adjourned, recessed, or measures taken to obtain a quorum, by a vote of a majority of the members voting on the motion. Section 2.6. Presiding Officer. The Chair shall be the presiding officer for all meetings of the Committee. If the Chair will not be present at a meeting, another City Council member shall attend and act as Chair and presiding officer (“Substitute Chair”). In the absence of both the usual Chair and a Substitute Chair, the meeting shall be cancelled and rescheduled by the Secretary. The presiding officer shall retain all powers and rights inherent to a Member, including without limitation, voting powers. Section 2.7. Member Conduct. While the Committee is in session, all its members must preserve order, decency, and decorum at all times and no Member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any Member while speaking, or refuse to obey the order of the Chair. The Members may reprimand any other Member for disorderly conduct and, upon written charges entered upon by motion, may expel a member from the Committee meeting by a vote of a majority plus one of the membership of the Committee in attendance at that meeting. In addition, the following shall control Member’s conduct during any meeting of the Committee or any of its subcommittees: 2.7.1 The Chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate. 6.a Packet Pg. 9 At t a c h m e n t : L T A C B y l a w s 2 0 1 9 A R L 4 . 1 6 . 1 9 ( 0 0 3 ) ( 1 7 4 6 : R e v i e w / A d o p t i o n o f P r o p o s e d L T A C B y l a w s ) BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE Page 3 of 7 (4/22/19) 2.7.2 Members are to keep the meeting organized by speaking only when recognized by the Chair and granted the floor. To seek recognition, Members are to raise their hands and wait to be addressed by the Chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak. 2.7.3 Members are to refrain from interrupting another person who has the floor or from having any sidebar conversation. 2.7.4 Members are to treat others with respect, courtesy, and in a fair and unbiased manner. Members shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory. 2.7.5 Members should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ. Repeated violations may result in the Member’s removal from the Committee in accordance with Section 3.3. Section 2.8. Public Comment. While the public may attend Committee meetings, the meetings are those of the Committee itself and the public has no general right to address the Committee. Committee meetings are not an open public forum, and they are subject to restrictions imposed by the Chair, these bylaws, and the law. The Chair has the discretion to authorize the public to address the Committee, if the Chair so desires. If permission is granted, and prior to addressing the Committee, each speaker shall sign in and state his or her name and address for the record. Remarks will be limited to the time allocated by the Chair for each speaker, usually three (3) minutes per speaker. All remarks shall be pertinent to matters considered by the Committee, and speakers shall address the Chair and the Committee as a whole and not any member individually. Section 2.9. Public Demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the Chair, Members, Mayor, staff, or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the presiding officer, the presiding officer may direct that a speaker return to his or her seat or may remove any person for disruptive behavior at Committee meetings. Section 2.10. Voting. Discussion by the Committee shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the Committee is required, the Chair will request a motion for a vote. Each Member shall be entitled to one vote, including the Chair. Motions shall be made, seconded, and voted upon. The Chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by Members. Every Member, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the Committee, shall cast his or her vote upon any matter put to vote by the Committee. Unless otherwise directed by the Chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy. Any Member who abstains from voting, or who otherwise remains silent during a vote, will be deemed to have not have casted a vote on that item. As 6.a Packet Pg. 10 At t a c h m e n t : L T A C B y l a w s 2 0 1 9 A R L 4 . 1 6 . 1 9 ( 0 0 3 ) ( 1 7 4 6 : R e v i e w / A d o p t i o n o f P r o p o s e d L T A C B y l a w s ) BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE Page 4 of 7 (4/22/19) provided for in Section 2.12, an abstention will not count as a vote, either in favor of, or in opposition to, any motion. Action by the Committee requires only the affirmative vote of a majority of the votes cast, except where otherwise required by these bylaws or law. Section 2.11. Conflict of Interest. A conflict of interest arises when a Member has a direct personal or pecuniary interest in the Committee’s action on a matter, which interest is not common to other members of the Committee. If a Member determines he or he has a conflict of interest, that Member may state the nature of the conflict and abstain from the discussion and vote on the matter. A conflict of interest, however, shall not preclude a Member from remaining present during the discussion. Section 2.12. Abstention. An abstention is a decision by a Member not to vote on a particular matter and it shall not affect the quorum of the Committee or count as any vote in favor of, or in opposition to, any matter. An abstention is not a vote and is not counted as a vote. ARTICLE III Officers and Members Section 3.1. Chair of the Committee. Pursuant to KCC 2.54.020, the City Council president shall appoint a member of Council’s operations committee to serve as a member and the Chair of the Committee. The Chair shall have the powers and duties as set forth in these bylaws. Section 3.2. Chair Powers and Duties. The duties of the Chair are as follows: 3.2.1 Chair. The Chair shall perform the following duties: 3.2.1.1 Set the Committee’s agenda, in coordination with the Secretary; 3.2.1.2 Preside over all meetings of the Committee, preserve order and decorum, decide all questions of order and conduct the meeting’s proceedings using the rules contained in Robert’s Rules of Order where applicable, with the Chair having the ultimate decision of how the meeting will be conducted; 3.2.1.3 Call special meetings and cancel regular meetings for cause, including lack of a quorum; 3.2.1.4 Act as the Committee’s liaison with the Council, the Mayor, and the Department of Economic and Community Development on policy issues; 3.2.1.5 Nominate or appoint Members to any subcommittees the Committee may form; 3.2.1.6 Serve as a Committee focal point for Council, Mayor, and staff and as principal spokesperson for the Committee; 3.2.1.7 Oversee the distribution of the Committee’s agenda and materials during the monthly Committee meetings; 6.a Packet Pg. 11 At t a c h m e n t : L T A C B y l a w s 2 0 1 9 A R L 4 . 1 6 . 1 9 ( 0 0 3 ) ( 1 7 4 6 : R e v i e w / A d o p t i o n o f P r o p o s e d L T A C B y l a w s ) BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE Page 5 of 7 (4/22/19) Section 3.3. Secretary of the Committee. The Secretary of the Committee shall be the staff member assigned by the Mayor to assist the Committee. 3.3.1 Secretary. The Secretary is not a Member and shall have no voting rights. The Secretary shall perform the following duties: 3.3.4.1 Attend all Committee meetings and keep the Committee’s minutes, including those of any meetings of any subcommittees the Committee may form, which minutes will be reviewed and adopted by the Committee at a subsequent meeting; 3.3.4.2 Reproduce, distribute, and file with the City Clerk’s Office for the city of Kent a copy of all minutes of Committee meetings; 3.3.4.3 See that all notices of Committee meetings are given as required by the Open Public Meetings Act, Ch. 42.30 RCW, and these bylaws; 3.3.4.4 Serve as custodian of the Committee’s records and responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Ch. 42.56 RCW; 3.3.4.5 Maintain a list of the names, addresses, and contact information for each Member; 3.3.4.6 Perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the Chair. Section 3.4. Members of the Committee. Members of the Committee shall be appointed by the City Council in accordance with RCW 67.28.1817 and KCC 2.54.020. Each Member may serve a three (3) year term as provided in KCC 2.54.030. Members seeking reappointment to a subsequent term shall signify their intent in writing to the Secretary three (3) months prior to their current terms’ expiration. Members shall complete training regarding the Open Public Meetings Act (“OPMA”) in accordance with RCW 42.30.205 within 90 days of assuming duties on the Committee. 3.4.1 Removal from Committee. In accordance with KCC 2.54.030, the City Council the city council shall review the membership of the lodging tax advisory committee at least once annually, and shall make changes as appropriate. The Chair may also recommend to Council removal or replacement of a Member from the Committee for any reason, which may include any of the following: 3.4.2.1 A Member resigns from the Committee; or 3.4.2.2 A Member is absent from more than two (2) consecutive meetings; or 6.a Packet Pg. 12 At t a c h m e n t : L T A C B y l a w s 2 0 1 9 A R L 4 . 1 6 . 1 9 ( 0 0 3 ) ( 1 7 4 6 : R e v i e w / A d o p t i o n o f P r o p o s e d L T A C B y l a w s ) BYLAWS OF THE CITY OF KENT LODGING TAX ADVISORY COMMITTEE Page 6 of 7 (4/22/19) 3.4.2.3 A Member is absent from a meeting four (4) times within any twelve (12) month period; or 3.4.2.4 A Member fails to complete training on the OPMA. Any decision by the City Council to remove a Member is final and no appeal may be taken. ARTICLE IV General Provisions 4.1 Adherence to and Amendment of Bylaws. These bylaws may only be amended or repealed by the City Council. Failure to fully conform to these rules and procedures will not render any action by the Committee invalid, nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. The undersigned Secretary of the Lodging Tax Advisory Committee certifies by signing below that the foregoing bylaws have been duly adopted by the City Council on the date noted below. CITY OF KENT LODGING TAX ADVISORY COMMITTEE Adopted _____ day of ________, 2018 ___________________________________ Secretary (Print Name__________________________) 6.a Packet Pg. 13 At t a c h m e n t : L T A C B y l a w s 2 0 1 9 A R L 4 . 1 6 . 1 9 ( 0 0 3 ) ( 1 7 4 6 : R e v i e w / A d o p t i o n o f P r o p o s e d L T A C B y l a w s )