Tuesday, May 28, 2013
 
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County looking for answers from city on hotel-motel tax and tourism intentions

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[May 28, 2013]  Earlier this year, the city of Lincoln began exploring the possibility of taking over the hotel-motel tax revenues that are currently being collected by the county.

Representatives of the city of Lincoln have indicated that sometime this year the city may take over the tax dollars collected for tourism. The unclear plan has left county and tourism officials wondering how to move on a number of matters in the present and in the near future.

The city budgeted the hotel-motel taxes into its current fiscal year that began on May 1 and indicated that it may take over the funds on Dec. 1, when the county fiscal year would begin.

When the tourism bureau learned of the potential action, a special meeting was set for March 18 to consider financial and event planning and extended contract matters. Alderman Tom O'Donohue attended and agreed to remain a liaison from the city to the tourism bureau. O'Donohue made it clear to the bureau that the city was concerned about how the tax dollars were being spent.

The bureau directors responded that they were willing to work with the city and would welcome more input from the city. Later, with county approval, O'Donohue was made a voting member.

In mid-May, the city council was presented a list of expectations developed by Mayor Keith Snyder, city administrator Sue McLaughlin, and Aldermen Tom O'Donohue and Melody Anderson. The list posed actions for both the county and the tourism bureau. Aldermen were asked to review the list and contribute if they saw anything more that would be needed. (See list below this article.)

Primarily, the list called for actions that would manage or show corresponding results in the use of the tax revenues.

The plan also proposes changes in the tourism bureau, if there would be one. Currently, membership is set to be nine to 15 directors. Three seats are open. The city proposes a maximum of 11 directors. The makeup of the bureau would change in qualifications and would add positions to be filled by hotel industry representatives.

Geoff Ladd, the executive director for the past eight years, announced his resignation on April 25.

When a report on tourism was called for during the Logan County Board's session last Tuesday, Andrew Meister spoke first. He said that the bureau had met on Monday, and the immediate need is to hire a new executive director.

Meister said: "It's kind of a mess right now. I think people are confused with what route tourism is going to go: if this is going to be a permanent position or if this is going to be a temporary fix. I would think that at least needs to be addressed before hiring anyone."

Applications for the director position are due June 14.

The agency receives a $75,000 annual grant that requires an executive director be in place. Without the grant the agency is losing $6,250 per month.

Meister and Andy Anderson serve as the county board's liaisons to the tourism bureau. They and board members Jan Schumacher and Chuck Ruben led in a lengthy discussion.

Schumacher has been strongly interested and involved with tourism in Logan County for several years. She has been involved with Main Street Lincoln, with crossover activities with tourism.

"I don't know that role we have as the county, but I think this is a lousy situation," Schumacher said.

"Well, it is," Anderson said. "But it was created by the city."

Ruben felt there could be quality people such as retirees who would be interested in an interim position and would do a good job. Anderson said Ron Keller had three names he presented to the tourism board who would be interim but likely permanent candidates.

Emphatically, Schumacher said: "I'm really concerned because quality persons are not going to be interested. You have to have people with tourism experience. I'm concerned about this."

Meister said the tourism bureau thought that hiring a director would help change the city's mind "and they (the city) wouldn't pull the plug come Dec. 1 or whatever potential date the city would decide on."

"It all boils down to what the city is going to do and when, and when they are going to make up their mind," Anderson said.

"Right, I agree with that; they're holding us hostage," Schumacher responded. "But what you don't want to do is shoot yourself in the foot by hiring a temporary person."

Ruben modified that by saying: "You're shooting yourself if you hire a permanent person under these conditions. A temporary person is probably what you should hire because they can generate the money (in the grant)."

Pat O'Neill agreed that tourism is of great value to Logan County and suggested that the county board chairman, Bob Farmer, meet with Lincoln Mayor Keith Snyder to try to get a better understanding of where tourism might be going.

Meister said he didn't think that would be effective because he didn't think there were any answers. The mayor was at the tourism meeting with Meister just the evening before.

"We tried to get that yesterday," Meister said. "You want to know that when you are interviewing people, just at least to be fair to them. We're going to hire them and say, hey, this is the potential. Or, if the city is going to say, we'll see what the production is, and then we can make our mind up. That would at least be incentive for the person to do well and be successful at that."

Bill Martin agreed with Schumacher that in hiring an interim person there would be nothing going on, and the city will get to Dec. 1 or some date and pull the plug, "rein it in." He questioned if it was sure that the city could claim the money at this time.

Gene Rohlfs agreed with Martin, saying: "I really think that our state's attorney needs to research this. I think that there is a glitch in the law and it might have to do with home rule."

Ruben recalled that it was default by the city to let the county have the hotel-motel tax when it was set up 26 years ago. The way it was established, with the city giving it up then, may bear looking at now. Ruben recognized that it would take some time for the state’s attorney's office to research the matter. So, a request should be made now.

Ruben said he was told the city wouldn't take it over until Nov. 30, the end of the budget year. He hoped that the city could provide an answer before the August budget hearings so he would know what to do in the next budget.

As an aside, Ruben added that currently all the funds that go to tourism from hotel-motel taxes are pass-through for the county. He inquired of the auditors if the county could ask for an administrative fee of 10 percent on $130,000 that is set aside for historic sites. They told him, "No doubt."

While the city has been demanding that benchmarking begins showing results that correlate the use of the tax funds in the form of "heads in beds and numbers of visitors to an event present for day stays," Ruben pointed out that the state statue regulating the use of the funds gets "very broad." It even stipulates by example painting fairgrounds buildings, and several other specific fix-up work details are mentioned. "So, I'm not so sure beautifying downtown wouldn't qualify," he said.

Meister said that after the city document was released, people on the tourism bureau board questioned if they currently fit the bill.

"There are a lot of people there who have been on the board a long time. They are curious where they currently stand as being on the board and are now wondering where they and the bureau fit in with the guidelines," Meister said.

"So, there is a lot of confusion with that, and speculation," he said.

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Rohlfs said he found it interesting "that it is a county-appointed board and it is a county- funded organization, yet the city seems to be putting all the guidelines on it."

Anderson countered in part: "It's a city-funded organization. We're just the pass-through people. That's their money." He had pointed out earlier that the primary tax funding comes from businesses in city limits and that the city supplies the paid infrastructure to those businesses.

Returning to the executive director position, Schumacher said: "If the city is trying to see if this person that is hired this summer is going to save the organization, that's a fallacy. I think it needs to be contract position that ends Nov. 30 or whatever. And that's it. Whoever applies for that knows that they're just holding the fort down."

On another point, Anderson said one of the qualifications for the director is that the person has to live in Logan County. He was not sure if that is in the tourism bylaws or what. It would be looked into if that could be bypassed now, particularly if considering an interim director.

Schumacher urged the liaisons, Anderson and Meister: "I think you all need to be outspoken. I don't think that the city has decided. It isn't that the mayor isn't telling us anything. They just haven't decided."

Meister agreed.

"Right now, there's just a lot of things in limbo," Anderson said.

It was determined to get the opinions from the state's attorney's office as soon as possible.

"I think there is an urgency to this," Schumacher said.

Ruben said that if the city is going to take over these taxes, he would want the city to also take over administering the Atlanta taxes as pass-through money. He clarified that the county has not taken anything for managing these taxes all these years because "I felt it was their money."

The county collects 5 percent sales tax from hotels and motels. Of that amount, the bureau receives a 4 percent tax, Main Street Lincoln gets a quarter percent, Looking for Lincoln gets a quarter percent, and the remaining one-half percent goes to historic sites, which is decided once a year at the discretion of the county board during budget hearings.

In the current fiscal year, the tax is budgeted at $142,770.

The tourism bureau received $134,540 from hotel-motel taxes in 2011, up nearly 30 percent since 2006, which is for the most part attributed to tourist visits. Most of those businesses are located in Lincoln. There is one hotel in Atlanta and occasional bed-and-breakfast revenues.

With a budget of $194,000 for 2012-13, approximately 75 percent of the tourism bureau's funding is from tax revenues collected by hotels and motels. The taxes are passed through the Logan County Board to the agency and used to promote tourism in the county. The bureau is also supported by a state grant. The state grant requires that a full-time administrator or director be in place.

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City of Lincoln aldermen received the following document at the May 14 workshop and were asked for their input:

(Copy)

Tourism expectations

  • The chief elected official of the entity imposing the tax (the county board chairman in the case of the county board and the mayor in the case of the City Council) should appoint the members of the Tourism Board, if there is one, with those appointments confirmed by the legislative body of the entity (the county board or the City Council, as the case may be). That way there is an elected official and an elected body accountable for the results of the imposed tax.

  • The Tourism Board, if there is one, should be of a reasonable size (no more than eleven), must include an appropriate number of representatives of the City of Lincoln and at least two members representing the hotel industry, and must have appropriate term limits on its membership (to ensure adequate turnover and fresh ideas).

  • The Tourism agency must have an updated and periodically reviewed job description for each employee of the agency and must at least annually evaluate the performance of each employee against that job description. If a particularly position is funded with any portion of the hotel/motel tax, the description for that position must include a delineation of the specific duties of that position that will be focused on promoting additional overnight hotel stays.

  • The agency must provide an annual operating plan that outlines activities for the upcoming year, that describes those planned activities broken down by visitors (those coming and spending a day) and overnight guests (those spending one or more nights in a local hotel), and that reports on the results of the prior year's operating plan.

  • Included in that operating plan, the agency should, for each piece of significant property it owns (e.g., the covered wagon, the Mill, etc.), detail an annual capital projects plan that outlines annual maintenance/upkeep costs, any improvements planned for the property for that year, any expected costs to finish developing that property, an annual operating plan for the property, and a thorough description of how each of those costs will be provided.

  • As part of that operating plan, the Tourism agency must define and report its level of involvement with each and every event supported by the agency. Possible levels of involvement might include: "Donor" (where the agency simply contributes a financial amount to the event); "Participating Sponsor" (where the agency contributes financial and has staff and/or board members volunteer at the event); "Host" (where the agency plans, raises funds for, and executes the event).

  • As part of the operating plan, the Tourism agency must define, begin tracking, and over time improve the agency's Return on Investment ("ROI") for the hotel/motel taxes received by the agency.

  • Applications for funding from the agency must include a section where the applicant details how the event will boost overnight hotel stays and how the applicant will track and report the overnight stays generated by the event.

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