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[00:00:03]

THE

[CALL TO ORDER]

FEBRUARY TOURISM COMMISSION MEETING TO ORDER.

ALL RIGHT.

FIRST ITEM ON THE AGENDA IS, UM, TO RECOGNIZE ANY SPEAKERS THAT HAVE SIGNED UP FOR PUBLIC COMMUNICATION.

DO WE HAVE ANY SPEAKERS? NO.

OKAY.

SO THE NEXT

[APPROVAL OF MINUTES]

ITEM ON THE AGENDA IS APPROVAL OF THE PREVIOUS MEETING'S MINUTES.

UM, YOU HAVE THE MINUTES DISTRIBUTED, COPY OF THE MINUTES DISTRIBUTED IN FRONT OF YOU, COMMISSIONERS.

UM, DO I HAVE A MOTION TO APPROVE THE JANUARY 11TH, 2023 MEETING MINUTES? MOTION TO APPROVE.

JANUARY 11TH, 2023.

BEEN MOVED BY, UH, COMMISSIONER SMITH.

IS THERE A SECOND? I JUST WANTED TO NOTE, IF I REMEMBER CORRECTLY, THERE WAS A MODIFICATION TO THE DOWNTOWN COMMISSION'S, UH, MOTION THAT I THINK MR. BUNCH SAID THERE WAS A CHANGE, BUT I DON'T REMEMBER WHAT IT WAS EXACTLY.

BUT DO YOU, DO WE NEED THE RECORD TO REFLECT IT? THERE WAS A MODIFICATION TO THE DOWNTOWN COMMISSION.

YOU, IS THAT CORRECT? COMMISSIONER BUNCH.

THERE WAS ONE WORD CHANGED.

OKAY.

NO, NEVERMIND THEN.

SO I THINK THIS IS THE SAME 3 0 5 I FIVE.

I THINK THE MIDDLE ONE IS ABSTENTIONS, BUT IS THAT CORRECT? UH, YOU TYPICALLY PUT ABSTENTIONS LAST.

NO, THAT'S WHY I, I THOUGHT SO.

YES.

NO ABSTENTION.

YEAH, I THOUGHT SO.

CAUSE THAT'S HOW YOU CALL FOR IT.

YES.

NO, ABSTENTIONS.

SO THAT WOULD MAKE SENSE TO ME.

UM, CHANGE THAT TO THREE 50 AND, UH, WHAT WAS THE ONE WORD THAT CHANGED? DO YOU REMEMBER? YOU SAID THERE WAS A CHANGE.

I DON'T HAVE IT MEMORIZED.

I'M SORRY.

UM, I DON'T HAVE THAT FILE ON ME.

, THERE WAS JUST ONE WORD THAT, UM, SOMETHING ABOUT THE FOURTH WHEREAS CLAUSE, AND THAT'S THE END OF WHAT I CAN REMEMBER, MARK.

OH, SO SOMETHING THAT WASN'T OH SAID WAS OFTEN THE ME CONSIDERED.

IS THAT WHAT IT WAS? NO, WE WERE TALKING THERE WAS A CHANGE IN ONE OF THE, WHEREAS IS YEAH.

UM, YEAH, THAT, YEAH.

YEAH, HE SAID IT RIGHT.

WHEREAS AUSTIN IS CURRENTLY PAYING AUSTIN MICROPHONE.

SO ON THE FOURTH, WHEREAS AUSTIN MAY CONSIDER PAYING FOR MULTIPLE CONVENTION CENTER RELATED BONDS, THEY COME ON.

YEAH.

SO WITH AN AMENDMENT TO THE FOURTH, WHEREAS, AND THEN QUOTE AS, ALL RIGHT.

UM, I DIDN'T GET A SECOND YET FOR APPROVING THE MINUTES.

WE'RE ALREADY IN DISCUSSION.

SECOND AND SECOND BY COMMISSIONER CANNADY.

SO, UM, THERE WOULD BE A CORRECTION ON ITEM TWO.

UM, MY SUGGESTION TO THE CORRECTION WOULD BE DISCUSSABLE DISCUSSION AND POSSIBLE ACTION ON THE DOWNTOWN COMMISSION'S RECOMMENDATION WITH THE NUMBERS ON THE CONVENTION CENTER EXPANSION ADOPTED BY THE DOWNTOWN COMMISSION ON APRIL, 2022 WITH AN AMENDMENT TO THE FOURTH, WHEREAS THE INSERTING THE TEXTING QUOTES THAT COMMISSIONER SMITH JUST READ.

COULD YOU READ IT ONE MORE TIME FOR ME? SORRY.

ON THE FOURTH, WHEREAS AUSTIN MAY CONSIDER PAYING FOR MULTIPLE CONVENTION CENTER RELATED BONDS.

ALL RIGHT.

AND THEN ALSO CORRECTING THE, UM, VOTE TO READ THREE 50 WITH THE, UNDER OUR UNDERSTANDING BEING THAT THREE WOULD BE, UM, THE YESES, FIVE WOULD BE THE NOS AND ZERO WITH THE ABSTENTIONS.

ANY OTHER DISCUSSION ON THE MINUTES? UH, COMMISSIONER CHAN? NO, I HAVE NOT NOTICED.

ALL RIGHT.

UH, IF THERE'S NO FURTHER DISCUSSION, ALL THOSE IN FAVOR OF APPROVING THE MINUTES AS CORRECTED SIGNIFY BY AYE.

AYE.

AYE.

ANY OPPOSED? NO.

ANY ABSTENTIONS? ALL RIGHT.

THERE'S A MOTION AS MINUTES ARE APPROVED.

[00:05:02]

NEXT ITEM ON THE AGENDA IS DISCUSSION AND POSSIBLE ACTION ON THE CITY CLERKS OFFICE RESPONSE.

I THINK THAT SHOULD SAY REGARDING, WAIT A MINUTE, I'M READING THE MINUTES AGAIN.

ALWAYS DO THAT.

.

NEXT

[2. Discussion and possible action on Board and Commissioners Conflict Resolutions, Ethics, and Roles and Responsibilities]

ITEM, DISCUSSION AND POSSIBLE ACTION RELATED TO THE BOARDS AND COMMISSION'S, ROLE COMMISSIONER'S, ROLES AND RESPONSIBILITIES, ETHICS AND ROLES AND CONFLICT RESOLUTION.

SO, UH, COMMISSIONERS, YOU HAVE THREE ITEMS IN FRONT OF YOU.

ONE IS TITLE, CONFLICT RESOLUTION FOR BOARD AND COMMISSION MEMBERS.

ONE IS ETHICS FOR CITY OF AUSTIN BOARDS AND COMMISSIONS.

AND ONE IS THE ROLES AND RESPONSIBILITIES OF BOARD MEMBERS.

UM, SO THIS CAME ABOUT BECAUSE THERE WAS SOME HOSTILITY EXHIBITED LAST MEETING TO OUR GUESTS.

AND I THINK IT'S REALLY IMPORTANT THAT WE PRACTICE CIVILITY.

UM, GUESTS COME BEFORE US, UM, UH, AT THEIR CONSENT.

UM, AND I THINK IT'S IMPORTANT EVEN IF WE DISAGREE, UM, WITH THINGS WE MAY HEAR OR WHATEVER OUR PASSIONS ARE, UM, WE SHOULD ALWAYS, UM, TREAT EVERYONE WITH CIVILITY.

UM, SO THESE ARE PRINTED TO REMIND US THAT THERE ARE IN FACT STANDARDS THAT WE ARE EXPECTED TO ADHERE TO.

AND SO, UM, I THINK WE SHOULD PERHAPS NOT TAKE UP TIME AT THIS MEETING TO, UM, DISCUSS THEM AS WE HAVE GUESTS WITH US, HAVE PRESENTATIONS READY.

BUT TAKE THESE HOME, GO THROUGH THEM.

UH, NEXT MEETING, COME BACK WITH ANY QUESTIONS OR DISCUSSION.

IS THAT AGREEABLE TO COMMISSIONERS? YEAH.

MM-HMM.

SPEAK.

UM, SO JUST FOR THE POINT OF ORDER, I ALREADY REVIEWED THESE, AND IT LOOKS LIKE THERE'S A LOT OF TYPOS IN THE ETHICS DOCUMENT JUST FOR THE CLERK'S OFFICE.

IF, IF YOU WANT TO, PARTICULARLY PAGE SIX, THERE'S SOME REPEATING TEXT THAT MIGHT BE GOOD FOR THEM TO CLEAN UP.

OKAY.

ALSO, I THINK, UH, JOHN IS NOW IN THE MEETING, AND THAT MEANS THAT WE ACTUALLY HAVE COMPLETE ATTENDANCE .

I'M JUST CALLING THAT OUT.

.

EXCELLENT.

GOOD DEAL.

EXCELLENT.

UM, JOHN, I SEE A SQUARE, BUT I DON'T SEE YOU.

SO IF YOU'RE GONNA RAISE YOUR HAND, IF YOU, ARE YOU ABLE TO TURN YOUR CAMERA ON SO THAT I CAN SEE IF YOU, UH, ARE SEEKING THE FLOOR ANY TIME? ALSO, LET'S JUST GIVE YOU A MIC TEST.

CAN YOU HEAR US? AND CAN WE HEAR YOU? I CAN HEAR YOU GUYS.

CAN YOU HEAR ME? YEAH.

I SEE A GREAT PICTURE OF I FURNITURE KNOB .

UM, OKAY.

I DON'T KNOW WHAT TO SAY WITH THAT.

, HAVE YOUR CAMERA FACING DOWN.

I'M LOOKING RIGHT AT IT.

UM, AGAIN, THERE YOU GO.

THERE WE GO.

GREAT.

I CAN SEE YOU CLEANING NOW.

WELCOME.

ALL RIGHT.

UM, OKAY.

UNLESS THERE'S NO OBJECTION, WE WILL MOVE

[3. Presentation on Hotel Occupancy Taxes from the Texas Comptroller office, Julio Mendoza-Quiroz, and Heather Hampton]

ON TO ITEM NUMBER THREE, WHICH IS THE PRESENTATION ON HOTEL OCCUPANCY TAXES FROM THE TEXAS STATE CONTROLLER'S OFFICE.

UM, PLEASE COME FORWARD.

WELCOME.

GOOD AFTERNOON, EVERYONE.

MY NAME IS, UH, LET ME FIX THIS HERE.

MY NAME IS HOLLY MENDOZA KIDDOS.

I'M WITH THE, UH, TEXAS STATE COMP TOLL'S OFFICE TAX POLICY, INDIRECT TAX TEAM HERE TODAY TO TALK ABOUT STATE HOTEL OCCUPANCY TAX.

ACTUALLY HAVE TWO PIECES TO THIS PRESENTATION.

UH, THAT MY PORTION WILL BE ON STATE HOTEL OCCUPANCY TAX, AND THEN MY COLLEAGUE, HEATHER HAMPTON, WILL HANDLE THE LOCAL HOTEL OCCUPA EMBASSY TAX PIECE.

UM, TRY TO STAY WITHIN THE, THE 30 MINUTE TIMEFRAME.

SO, UM, TRY TO MOVE THROUGH THIS FAIRLY QUICKLY.

UM, IT'S VERY INTERESTING TO BE AT, AT A PODIUM HERE, BUT THANK Y'ALL FOR HAVING ME.

SO WITH THAT, WE'LL GO AHEAD AND, UM, GET STARTED.

UM, SO BASICALLY MY NAME IS WILLIAM MENTOS.

I'VE BEEN WITH TAX POLICY FOR ABOUT SIX UH, YEARS.

UM, AND I'VE MAINLY FOCUSED ON, UH, STATE HOTEL OCCUPANCY TAX, UH, AT THE TAX POLICY DIVISION, TEXAS COMP CONTROL'S OFFICE.

UM, AND THEN, SO YOU GOT A CLICKER HERE.

SO, KIND OF JUST TO START US OFF, UH, THE STATE HOTEL ACY TAX, IT'S AN INDIRECT TAX, UH,

[00:10:01]

FOR THOSE YOU'RE NOT FAMILIAR, IT'S, UH, AN INDIRECT TAX IS COLLECTED FROM THE TAXPAYER AND THEN, UH, UH, SENT TO THE STATE BY THE, UH, IN THIS CASE, IT'S THE HOTEL, SO IT'S NOT DIRECTLY PAID TO THE STATE BY THE, BY THE TAXPAYER.

IT'S DIFFERENT FROM A DIRECT TAX, WHICH ARE, IS DIRECTLY PAID TO THE STATE FROM BY THE TAXPAYER.

FOR EXAMPLE, YOUR FRANCHISE TAX, THAT'S A DIRECT TAX AS IT WAS ESTABLISHED IN 1959 AT A 3% RATE.

UM, CURRENTLY IT'S AT 6% DUE TO SOME RATE HIKES IN THE 1980S.

UM, YOU KNOW, MANY OF Y'ALL MAY HAVE STAYED AT HOTELS IN SCENE THAT THE RATE IS ACTUALLY HIGHER FOR HOTEL TAX WHEN YOU PAY.

THAT'S, UH, YOU KNOW, I'LL PUT IT HERE ON 17%, BUT THAT'S TYPICALLY BECAUSE THERE'S ALSO A CITY, UH, RATE THAT'S ALSO ON TOP OF THAT.

UH, AS FAR AS, UH, REVENUES, IT'S APPROXIMATELY 725 MILLION AND, AND, UH, 2022.

THAT ACCOUNTS FOR ABOUT A 1% OF THE STATE REVENUE.

UM, AND THEN THERE'S APPROXIMATELY 12,000 TAXPAYERS THAT, UH, ARE REGISTERED FOR STATE HOTEL TAX.

ALL RIGHT.

UM, AS FAR AS, UH, THE STRUCTURE OF WHERE THE, THE LAW IS FOUND, IT'S ENTITLED TO THE TEXAS TAX CODE CHAPTER 1 56.

UH, WITH THAT, IT MEANS THAT THE STATE, UH, COMPTROLLER ADMINISTERS COLLECTS AUDITS AND ENFORCES THE TAX.

UM, IT'S ALSO SUBJECT TO TEXAS GOVERNMENT CODE CHAPTER 2001, WHICH IS THE ADMINISTRATIVE PROCEDURES ACT.

SO THAT MEANS THAT THERE'S, UH, THE COMPTROLLER HAS RULEMAKING AUTHORITY REGARDING THIS CHAPTER.

UM, SO, AND ALSO, UH, DISPUTES ARE HANDLED THROUGH THE ADMINISTRATIVE HEARINGS PROCESS.

UM, THE REVENUE ITSELF IS GENERAL REVENUE.

THERE ARE SOME EXCEPTIONS FOR CERTAIN COASTAL CITIES TO MAINTAIN BEACHES.

UM, AND SO THERE'S THAT THERE.

ONE OF THE FIRST THINGS, UH, TO TALK ABOUT HOTEL TECHS, UH, IS THAT, YOU KNOW, WHAT IT APPLIES TO IN A HOTEL.

SO WHAT IS A HOTEL? I PUT IT ON THIS SLIDE OF THE, THE DEFINITION FROM THE STATUTE.

UM, ESSENTIALLY, YOU KNOW, THE KEY PARTS OF IT ARE, IT HAS TO BE A BUILDING.

SO, YOU KNOW, I PUT SOME PICTURES ON HERE ABOUT DIFFERENT TYPES OF, YOU KNOW, YOUR TRADITIONAL HOTEL CABINS CAN ALSO BE CONSIDERED, UM, HOTEL TO BUILDING.

UH, EVEN THOUGH THEY MAY OR NOT, MAY NOT HAVE, UH, ONSITE BATHROOMS OR, UH, KITCHENS IN THEM, THEY'RE STILL CONSIDERED, UH, HOTEL BUILDING, WHICH PROVIDES SAFE ACCOMMODATIONS.

AND ALSO THEY'RE PUT IN THEIR ABOUT, UM, RESIDENTIAL, UH, PROPERTY.

THE SHORT TERM RENTALS, FOR EXAMPLE, ARE CONSIDERED HOTELS.

UM, ANOTHER, THE KEY ASPECT OF THAT DEFINITION IS MEMBERS OF THE PUBLIC THERE, UH, HAS, THEY HAVE TO BE PROVIDED TO MEMBERS OF THE PUBLIC.

SO THERE IS AN EXCEPTION FOR PRIVATE CLUBS.

SO FOR EXAMPLE, UH, COUNTRY CLUBS WHERE THEY DO MAY, MAY BE PROVIDING LODGING, FOR EXAMPLE.

UM, BUT THE ACTUAL MEMBERSHIP HAS, IT'S NOT SIGNIF, IT'S NOT, IT'S INSIGNIFICANT TO THE MEMBERSHIP.

THE AMENITIES THAT THE, THAT THE MEMBERSHIP PRO, UH, PROVIDES ARE REALLY WHAT, UH, IS BEING PROVIDED WITH THAT, UH, PRIVATE CLUB MEMBERSHIP.

UH, AND THE LAST PART OF IT IS, UH, PROVIDING SLEEP IN A COMBINATIONS.

UH, THE, WE HAVE GOTTEN QUESTIONS BEFORE ABOUT UNFURNISHED ROOMS. YOU CAN'T, YOU KNOW, THERE ISN'T REALLY A SLEEPING ACCOMMODATION PROVIDED WITH THAT.

YOU KNOW, IF THERE'S A COD OR A BED OR SOMETHING LIKE THAT, THEN THOSE ARE CONSIDERED SLEEPING ACCOMMODATIONS.

UM, AS FAR AS THE, WHAT THE TAXES IMPOSED ON YOU HAVE, UH, THE KIND OF THE KEY PART, I PUT THE DEFINITIONS UP HERE, BUT SOME KEY PARTS OF IT ARE, UH, A RUMOR SPACE IN A HOTEL.

SO IT HAS TO BE, UH, A RUMOR SPACE IN A HOTEL MEANS IT COULD BE LOCATED IN A HOTEL.

SO IF YOU HAVE A, FOR EXAMPLE, A BANQUET HALL OR A MEETING ROOM, THOSE THAT ARE LOCATED IN THE HOTEL THAT'S GONNA BE SUBJECT TO HOTEL TAX.

TRADITIONALLY WE DON'T, I MEAN, YOU WOULDN'T THINK THAT IS A HOTEL, BUT IT, IT'S FALLS WITHIN THE STATUTE.

AND AS FAR AS THE PRICE OF THE ROOM, IT'S THE HOTEL TAX IS IMPOSED ON ALL CHARGES, UH, FOR ITEMS FURNISHED IN CONNECTION WITH THE ACTUAL OCCUPANCY OF THE ROOM.

SO YOU MAY HAVE SEEN TELEVISION FEES THAT, YOU KNOW, THOSE ARE NOT AS COMMON NOW, BUT THOSE WOULD BE SUBJECT TO HOTEL TAX, PET FEES, SMOKING FEES, RESORT FEES, THOSE KIND OF THINGS THAT ARE, UH, CHARGED IN CONNECTION WITH THE ACTUAL OCCUPANCY OF THE ROOM.

UM, IF YOU HAVE LUMP SUM CHARGES FOR MEALS AND DRINKS AND TOURIST ATTRACTIONS, THE LUMP SUM CHARGE IS GONNA BE SUBJECT TO HOTEL TAX AS WELL.

UM, OTHERWISE THEY HAVE TO BE SEPARATED OUT FOR JUST THE HOTEL.

UH, THE LODGING CHARGE TO BE SUBJECT TO HOTEL TECHS.

AND, UH, SOME OF THEM, THEY'RE EXCLUDED HERE IN THE STATUTE, ARE PERSONAL SERVICES THAT ARE UNRELATED TO THE ACTUAL OCCUPANCY OF THE ROOM.

UH, SOME EXAMPLES ARE ROOM, SERVICE AND A VALET AS FAR AS WHO COLLECTS ATTACKS.

UM, YOU HAVE, UH, FOUR PARTS AND A PERSON THAT OWNS, OPERATES OR MANAGES OR

[00:15:01]

CONTROLS A HOTEL.

UH, YOU KNOW, YOUR, YOUR HOTEL BRANDS, THEY'RE TYPICALLY COLLECTING BECAUSE THEY'RE MANAGING THE HOTEL, BUT ALSO YOUR HOMEOWNERS, UH, THAT ARE OPERATING, UH, BED AND BREAKFAST, FOR EXAMPLE, WOULD BE COLLECTING.

UM, SO THOSE ARE THE FOUR PIECES THERE.

AS FAR AS WHO COLLECTS, UH, ONE, ONE THING THAT WE GET, UH, QUESTION THAT WE DO GET IS ABOUT, UM, CHARITABLE ORGANIZATIONS.

AND LATER ON IN THIS, IN THIS PRESENTATION, I'LL TALK ABOUT HOW THEY'RE ACTUALLY ACCEPT EXEMPT FROM A HOTEL TAX.

HOWEVER, WHEN THEY'RE OPERATING A HOTEL, THEY, UH, THEY ARE GONNA BE CONSIDERED TO BE PROVIDING LODGING AND NEED TO BE COLLECTING.

UH, THAT DOES HAPPEN.

UH, THERE'S JUST A DISTINCTION BETWEEN THE EXEMPT STATUS OF THE CHARITABLE ORGANIZATION.

IT'S DIFFERENT FROM THEIR COLLECTION RESPONSIBILITIES.

SO THEY, IF YOU HAVE A CHARITABLE ORGANIZATION THAT OPERATES A HOTEL, THEY'LL NEED TO BE COLLECTING TAX AND MEASURE SOME EXCEPTIONS.

ONE, ONE EXEM EXCEPTION HERE THAT I WANTED TO DISCUSS WAS, UH, THE PERMANENT RESIDENT EXEMPTION.

UH, BASICALLY IT'S FOR, UH, GUESTS THAT STAY FOR 30 DAYS, 30 CONSECUTIVE DAYS OR MORE WITHOUT INTERRUPTION.

UM, AND SO THAT'S A KEY PART OF THE, OF THE REQUIREMENTS THAT THERE HASN'T, THERE SHOULD NOT BE INTERRUPTION IN THE STAY.

AND, UM, TWO WAYS THAT THIS, THE EXEMPTION WORKS IS YOU CAN HAVE, UH, THE GUESTS PROVIDE NOTICE FROM THE FIRST DAY THAT THEY, THAT, THAT THEY, UH, ARE GONNA OCCUPY THE ROOM.

SO THEY'LL, THEY'LL LET THE HOTEL KNOW, HEY, I'M GONNA STAY HERE FOR 30 DAYS FROM THE FIRST DAY.

SO THEY PROVIDE NOTICE IN THAT CASE, THEY'RE GONNA BE TREATED AS EXEMPT FROM THE FIRST DAY FORWARD, PROVIDED THEY ACTUALLY OCCUPY THE ROOM.

UM, OTHERWISE IF THEY DON'T PROVIDE NOTICE, UH, BUT THEY, BUT SAY THEY STAY THERE FOR 30 DAYS CONSECUTIVELY WITHOUT INTERRUPTION, UM, THEN THEY'RE EXEMPT ON THE 31ST DAY.

SO IT'S, THERE'S A LITTLE DISTINCTION AS FAR AS IF THE GUEST PROVIDES NOTICE AHEAD OF TIME OR NOT.

UM, AND AGAIN, IT'S, UH, IT'S REALLY THE, THE KEY PART IS THERE SHOULDN'T, THERE NOT, SHOULD NOT BE AN INTERRUPTION IN THIS DAY.

AND, UH, ANOTHER POINT HERE IS THAT, UH, YOU CAN USE DIFFERENT ROOMS WITHIN THE SAME HOTEL TO, TO STILL BE ABLE TO CLAIM THE EXEMPTION.

UM, AND CAN I ASK A COUPLE QUESTIONS? OH, SURE.

I'M SORRY.

SO, UM, YOU SAY APPROXIMATELY 12,000, UH, TAXPAYERS ARE REGISTERED.

WHAT, WHAT DOES THAT MEAN IN TERMS OF THE STATE HOTEL TAX? THE HOTELS, THERE'S ONLY, THERE'S ONLY 12,000 IN ALL OF TEXAS.

OH, THE, THE TAXPAYERS, YEAH.

THE TAX, THE FROM, UH, THE DAY THAT WE HAVE IS 12,000 TAXPAYERS ARE REGISTERED.

THEY COULD BE OPERATING DIFFERENT HOTEL PROPERTIES, FOR EXAMPLE.

OH, I SEE.

BUT OUR, YEAH, SO THE PROPERTIES COULD BE WAY MORE THAN I THINK IT'S ABOUT GOT IT.

600,000 ACTUAL PROPERTIES THAT THERE ARE, THAT WE HAVE.

OKAY, GOT IT.

SORRY ABOUT THAT.

AND THEN, UM, YOU HAD MENTIONED THE, UH, IF THERE'S A CHARITABLE ORGANIZATION THAT RENTS OUT ROOMS THAT CAN BE SEPARATE OF ITS ACTUAL TAX EXEMPT STATUS, BUT THEY STILL HAVE RESPONSIBILITY, RESPONSIBILITY TO COLLECT THE HOT TAX.

YES.

UM, IS THAT LIKE EBIT TAX THEN? LIKE DO THEY HAVE TO REPORT THAT? THE CHARITABLE ORGANIZATION? YEAH.

YEAH.

SO IF, IF THEY'RE OPERATING A HOTEL, RIGHT, OKAY.

YEAH, THEY WOULD COLLECT IT AND REMIT IT TO THE STATE.

OKAY.

AND THEN THEY WOULD HAVE TO POTENTIALLY ACTUALLY PAY OTHER TAXES AS SORT OF ALTERNATIVE BUSINESS INCOME.

IS THAT MY UNDERSTANDING? OTHER, I'M NOT SURE WHAT, WHAT, WHAT OTHER TEXAS, UM, INCOME TAX, THAT SORT OF THING.

YEAH.

SO THE, AS FAR AS THE INCOME TAX PIECE, WE DON'T, RIGHT.

THAT'S, THAT'S FEDERAL, RIGHT.

SO, GREAT.

UM, AND THEN THE LAST THING, UM, DOES I IMAGINE AIRBNB FACTORS IN HERE SOMEWHERE WITH COLLECTING HOTEL TAXES? UH, YEAH, I HAVE A SLIDE ON HERE SPECIFICALLY ADDRESSING PERFECT.

WHAT, AS FAR AS AT THE STATE LEVEL, WHAT WE'RE DOING WITH, WITH AIRBNB.

OKAY.

SO I CAN COVER THAT.

ALRIGHTY.

UM, YEAH, SO THE, UH, ANOTHER PIECE, JUST KIND OF GETTING BACK TO THE PERMANENT RESIDENCE EXCEPTION IS THAT, UM, IT COULD BE, IT DOESN'T NECESSARILY JUST HAVE TO BE THE GUEST.

FOR EXAMPLE, WE HAVE SITUATIONS WHERE AIRLINES WILL PAY FOR A BLOCK OF ROOMS FOR 30 DAYS, UH, THAT THEIR EMPLOYEES ARE GONNA OCCUPY FOR 30 DAYS.

UH, IF THE AIRLINE PAYS FOR THE, FOR THE RIGHT TO OCCUPY THOSE ROOMS, IT'S OKAY THAT YOU HAVE DIFFERENT EMPLOYEES COMING IN AND OUT.

SO THAT'S ANOTHER PIECE THERE.

UM, OKAY.

MOVING ON TO ANOTHER EXCEPTIONS, AND WE KIND OF TOUCHED ON THIS ALREADY.

RELI RELIGIOUS, CHARITABLE, OR EDUCATIONAL ORGANIZATIONS ARE, ARE EXEMPT FROM HOTEL TAX.

UM, AND THEN ALSO FEDERAL EMPLOYEES TRAVELING ON OFFICIAL BUSINESS.

THOSE ARE SPECIFICALLY CARVED DOWN THE STATUTE.

UM, AND SO THEY ARE TREATED AS EXEMPT.

I'M SORRY, LEMME SEE.

WE SURE DIDN'T MISS ANYTHING ON THAT ONE.

YEAH, NO, THAT'S, THAT'S FINE.

OKAY.

SO THEN, UM, AS FAR AS STATE AGENCIES, THEY ARE NOT EXEMPT AND THEIR EMPLOYEES ARE NOT EXEMPT AT THE TIME OF ACTUALLY, UH, SHOWING UP AND PAYING FOR THE

[00:20:01]

ROOM.

THERE ARE SOME EX EXCEPTIONS.

FOR EXAMPLE, UH, STATE OFFICIALS, JUDICIAL OFFICERS, STATE LEGISLATORS, THEY'RE, THEY'RE TREATED AS EXEMPT, UM, WHEN THEY PRESENT A HOTEL EXEMPTION ID CARD.

AND WHEN THEY'RE TRAVELING ON OFFICIAL BUSINESS, UH, FOR EVERYBODY ELSE, YOU HAVE A REFUND OF STATE TAX, UH, THAT'S GONNA BE CLAIMED BY THE STATE AGENCY.

UM, SO THE, THE STATE EMPLOYEE WILL PAY TAX AND, UH, HAVE THE STATE AGENCY SUBMIT FOR THE REFUND.

LET'S SEE.

SO KIND OF ONE OF THE THINGS I WANTED TO TOUCH ON WITH THIS SLIDE IS JUST, UH, THE DISTINCTION BETWEEN HOW, WHEN STATE HOTEL TAX AND VERSUS VERSUS LOCAL TAX APPLYING.

MOST OF THE TIME, BOTH OF 'EM ARE GONNA BE APPLICABLE WHEN YOU'RE TALKING ABOUT YOUR, YOU KNOW, YOUR TYPICAL HOTEL ROOM STAY.

UH, BUT SOMETIMES THERE'S THE SCENARIO WHERE ONLY STATE HO HOTEL TAXES DO.

UH, I MENTIONED BANQUET ROOMS EARLIER.

THE, THE STATE STATUTE COVERS BANQUET ROOMS BECAUSE IT SAYS IT'S A ROOM IN A HOTEL.

THE LOCAL HAS A DIFFERENT, UH, DEFINITION.

IT TALKS ABOUT, UH, BASICALLY IT'S, IT'S A ROOM THAT'S ORDINARILY USED FOR SLEEPING.

SO IN THAT SCENARIO, YOU'D ONLY HAVE STATE HOTEL TECHS DUE.

UM, AND THERE'S ALSO SCENARIOS WHERE, UH, ONLY LOCAL, LOCAL HOTEL TAXES DO.

AND THAT'S, UH, PUT ON YOUR EDUCATIONAL ORGANIZATIONS.

SO THEY'RE EXEMPT FROM STATE, BUT SUBJECT TO, TO THE LOCAL.

SO, UH, YOU JUST WANTED TO HIGHLIGHT THAT THERE ARE SCENARIOS WHERE, UH, THE TWO MIGHT DIFFER.

UM, FOR THE MOST PART, THERE'S A LOT OF SIMILARITIES, SIMILARITIES BETWEEN THE TWO.

AND, AND HEATHER WILL, UH, BE ABLE TO KIND OF SPEAK MORE TO THAT.

BUT, UM, KIND OF JUST WANTED TO THROW THAT IN THERE.

AS FAR AS REPORTING AND PAYING THE, THE TAX, IT'S REPORTED MONTHLY.

UH, AND THAT'S DUE THE 20TH DAY OF THE MONTH FOLLOWING THE, THE REPORTING MONTH.

SO FOR EXAMPLE, IN FEBRUARY, THE TAXES ARE GONNA BE DUE IN MARCH OF MARCH 20TH, CUZ IT'S THE 20TH DAY FOLLOWING THE, THE MONTH IN WHICH THE TAXES ARE DUE.

UH, THEY CAN ALSO BE REPORTED QUARTERLY IF, IF YOU HAVE, IF YOU'RE ELIGIBLE.

SO YOU HAVE TO HAVE A CERTAIN AMOUNT OF, UH, THERE'S A THRESHOLD AMOUNT.

I THINK IT'S 500 IN TAX THAT YOU'RE REPORTING.

SO IT'S FOR SMALLER TAXPAYERS IF YOU WANNA REPORT QUARTERLY.

UM, WE DO HAVE KIND OF TO ALSO GO BACK ON THAT QUESTION ABOUT, UM, THE AMOUNT OF HOTELS THAT ARE IN THE STATE.

WE, WE HAVE HOTEL TAX RECEIPT DATE DATA IN OUR, ON OUR WEBSITE.

UH, IT'S AVAILABLE THROUGH OUR SIF SYSTEM, THE SECURE INFORMATION AND FILE TRANSFER SYSTEM.

UM, UH, IN THE PAST WE'VE BEEN ABLE TO JUST POST THAT, UH, PUBLICLY, BUT DUE TO CHANGES IN THE LAW, UH, MORE RECENTLY, UH, THAT INFORMATION HAS TO BE ACCESSED THROUGH OUR SIF SYSTEM, WHICH IS THROUGH OUR OPEN RECORDS.

BUT YOU'RE ABLE TO GET INFORMATION THERE ON, UH, YOU KNOW, DIFFERENT PROPERTIES AS FAR AS WHAT THEY'RE REPORTING FOR THE STATE.

AND, UH, THAT INFORMATION'S THERE.

UH, AS FAR AS ENFORCEMENT PROVISIONS, THE, THERE'S INTEREST THAT, UH, ACCRUES ON DELINQUENT TAXES.

UM, AND THAT'S WHEN, UH, IF THEY'RE, IT, UH, IF, IF A TAXE IS NOT PAID TO THE COMPRO ONE AND IT'S TWO, IT DRAWS INTEREST, WHICH IS, UH, 60 DAYS AFTER THE DUE DATE.

SO THE TAXES HAVEN'T BEEN PAID AT THAT POINT, YOU KNOW, YOU HAVE THE INTEREST, UH, IS GONNA BE CHARGED.

THERE'S ALSO PENALTIES, UH, 5%, UH, FOR NOT PAYING OR FILING.

AND ANOTHER FI 5% AFTER 30 DAYS.

UH, SO THERE'S MINIMUM AMOUNTS OF THAT.

THE PENALTY IS GONNA BE CHARGED.

THERE'S ALSO A CRIMINAL PENALTY FOR, UH, SOMEONE WHO DOESN'T FILE COLLECTOR PAY, AND IT'S A MISDEMEANOR, UH, FINE OF A HUNDRED TO A THOUSAND DOLLARS.

AND, UH, THE STATUTE DOES HAVE PROVISIONS ABOUT SUCCESS, RELIABILITY ON THE PURCHASE OF A HOTEL.

IF THE, IF THE, UH, PREDECESSOR OWED TAXES ON THE OWED HOTEL TAXES, THE SUCCESSOR THAT'S PURCHASING THAT BUSINESS, UH, WAS GONNA BE REQUIRED TO WITHHOLD A CERTAIN AMOUNT TO COVER THAT, THAT AMOUNT OF TAX.

UH, OR THEY HAVE TO REACH OUT TO OUR OFFICE AND MAKE SURE THAT, THAT THEY'RE, THAT THE, UH, THE PERSON SELLING THE HOTEL DOESN'T OWE ANYTHING.

SO, UH, THERE, THAT'S IN THE STATUTE AND THEN REQUIRES THEM TO DO THAT.

LET'S SEE.

ALL RIGHT.

AND THEN TO GET TO AIRBNB AND HOMEAWAY, WE DO HAVE AN, THE CONTROL'S OFFICE DOES HAVE AN AGREEMENT WITH THEM TO COLLECT STATE HOTEL OCCUPANCY TAXES.

UM, AND AS FAR AS, UH, SO IT'S, YEAH, BOTH OF THOSE ENTITIES AND, UM, THE, IT IS REPORTED ON AN AGGREGATE BASIS FOR THE STATE PORTION FOR THE LOCA, THE LOCALITIES THAT THEY'RE OPERATING ON.

SO FOR EXAMPLE, UH, WHEN THEY REPORT TO US, THEY REPORT A CERTAIN AMOUNT FOR A GIVEN CITY, UH, FOR THE STATE PEACE.

UH, THERE'S NOT, YOU KNOW, INDIVIDUAL INFORMATION DOWN TO THE PROPERTY, UH, LEVEL OR THE HOST LEVEL.

UM, WE DO HAVE FAQS

[00:25:01]

THAT WE PUT UP ON OUR WEBSITE REGARDING, UH, KIND OF WHEN, WHEN THE AIRBNB BEGAN COLLECTING, WHICH WAS IN 2017 AND HOMEAWAY IN 2019.

BUT WE HAVE A LITTLE MORE DETAILED FAQS ON OUR WEBSITE REGARDING, UH, THE SPECIFICS OF THAT AGREEMENT.

AND WE ALSO HAVE, UH, UH, INFORMATION ABOUT THE RESPONSIBILITY OF HOSTS REGARDING LOCAL HOTEL TAX.

UM, SO WE HAVE THAT INFORMATION THERE, UH, THAT TAXPAYERS ARE ABLE TO LOOK AT.

UM, AND THEN KIND OF JUST TO CLOSE HERE, JUST SOME SOURCES THAT ARE AVAILABLE.

ONE OF THE THINGS I WANTED TO HIGHLIGHT ON THIS SLIDE IS, UH, WE DO HAVE RULES THAT I MENTIONED EARLIER THAT THE, THE COMPTROLLER'S OFFICE IMPLEMENTS RULES.

SO WE HAVE RULES THAT KIND OF PROVIDE A LOT MORE DETAIL IN THE STATUTE THAT ARE HELPFUL WHEN LOOKING AT STATE HOTEL TAX.

UM, AND WITH THAT, I THINK I'M DONE AND I CAN TURN IT OVER TO HEATHER.

ALL RIGHT.

UNLESS YOU HAVE QUESTIONS, ? YES.

DOES ANYONE ELSE HAVE QUESTIONS? UH, CHAIR RECOGNIZES, UH, MICHELLE CHAN.

SO, UM, LOCAL OCCUPANCY TAXES, ARE THEY PERMIT TO THE LOCAL GOVERNMENT AUTHORITIES? ARE THEY TO THE STATE? ON THE LOCAL COMMISSIONER? CAN YOU USE YOUR MICROPHONE? YEAH.

ON THE LOCAL, UM, OCCUPANCY TAXES, ARE THEY REMITTED TO THE STATE AND THEN REBATE BY THE STATE TO THE LOCAL OR THEY WERE JUST REBATE DIRECTLY TO THE LOCAL? DIRECTLY TO THE LOCAL, FOR SURE.

AND, UH, AND HEATHER'S GONNA HAVE A LOT MORE DETAIL REGARDING THAT PIECE.

GREAT.

ALRIGHTY.

CHAIR RECOGNIZES, COMMISSIONER RUN.

HI.

AND THANKS FOR YOUR PRESENTATION AGAIN.

UM, CAN YOU SPEAK TO, UM, THE PERCENTAGE OF AARON B AIRBNB HOSTS THAT ACTUALLY, UM, SENT IN THEIR TEXTS, THEIR TEXT TO THE STATE? WHAT IS LIKE THE PERCENTAGE OF PEOPLE THAT ARE DOING THAT WHO HAVE A UNIT FOR YEAH, I, I, I CAN, I DON'T HAVE THAT INFORMATION ON HAND, BUT I CAN DEFINITELY SEE IF WE HAVE IT.

I CAN YOU SAY IF IT'S A, IT'S A PROBLEM IN TERMS OF TAX COLLECTION, OUR AIRBNB AND HOMEAWAY ROOMS AND SITES NOT PAYING THEIR STATE'S, UH, HOT TAX.

UM, MY UNDERSTANDING IS THAT, THAT THEY ARE, UH, BECAUSE OF THE AGREEMENT, BUT I CAN DEFINITELY CONFIRM THAT.

OKAY.

THANK YOU.

YEP.

ANY OTHER QUESTIONS? OKAY, THANK YOU VERY MUCH.

ALL RIGHT, THANK YOU.

CAN EVERYONE HEAR ME OKAY? YES.

ALL RIGHT.

UM, OKAY.

MY NAME'S HEATHER HAMPTONS.

UH, I WORK IN THE DATA ANALYSIS AND TRANSPARENCY DIVISION AT THE STATE COMMISS TOUR'S OFFICE.

UM, BASICALLY WE ARE HERE AS A RESOURCE TO LOCAL GOVERNMENTS THAT HAVE QUESTIONS ABOUT SPECIFIC PROJECTS, UH, MAINLY FOCUSED AROUND ECONOMIC ECONOMIC DEVELOPMENT.

UM, I DO HOTEL OCCUPANCY TAX, SO, UH, I HAVE CITIES AND COUNTIES SORT OF CALL AND ASK ME QUESTIONS ON DIFFERENT SORTS OF THINGS ABOUT HO'S OCCUPANCY TAX.

UM, I'M JUST GONNA DO A GENERAL OVERVIEW TODAY.

I DID SORT OF ABRIDGE MY PRESENTATION.

I DO HAVE THAT ONLINE IF THERE, IF YOU HAVE SOME, LIKE, MORE SPECIFIC QUESTIONS ABOUT IT.

BUT, UH, I KNOW I'VE HAD A SORT OF TIME LIMIT HERE AND JUST WANTED TO SORT OF HIT THE HIGHLIGHTS OF THE PRESENTATION.

UM, AS JULIO ALREADY WENT OVER, THE STATE PORTION OF OCCUPANCY TAX IS AUTHORIZED IN CHAPTER 1 56 FOR CITIES AND COUNT, OR FOR CITIES IT'S 3 51 AND FOR COUNTIES IT'S 3 52.

UM, AS Y'ALL KNOW, ONE OF THE UNIQUE THINGS ABOUT OCCUPANCY TAX FOR THE LOCAL IS THAT THE LOCALS ARE COLLECTING THAT THEMSELVES.

THE CITIES AND COUNTIES DO COLLECT THAT DIRECTLY FROM THE HOTELS, UM, WHEREAS THEY DON'T, IT DOESN'T GET SITS IN THE STATE.

UM, I WILL LET YOU KNOW IN THE VERY BEGINNING, UH, THAT THE OCCUPANCY TAX SPECIFICALLY FOR COUNTIES BUT ALSO FOR CITIES, IS VERY HEAVILY BRACKETED.

UM, SO I'M GONNA GO JUST SORT OF OVER GENERAL PROVISIONS HERE.

UM, BUT JUST AN EXAMPLE OF HEAVILY BRACKETED IS, UM, LIKE THE, WHEN IT'S LIKE TALKING ABOUT COUNTIES, UH, ONE OF THE THINGS IN THE STATUTE SAYS LIKE, UH, THE WAY IT DESCRIBES A COUNTY IS LIKE A COUNTY THAT BORDERS MEXICO HAS A POPULATION OF LESS THAN 5,000 PEOPLE AND HAS A MAJOR OBSERVATORY.

SO INSTEAD OF JUST SAYING JEFF DAVIS COUNTY, IT GIVES YOU VERY BROAD THINGS LIKE THAT.

AND SO BECAUSE OF THAT, THE COMPTROLLER OFTENTIMES, UM, WE DON'T SORT OF LIKE TO TRY TO MAKE DETERMINATIONS OF WHO THE STATUTE IS PINPOINTING IN THERE.

WE USUALLY TRY TO ADVISE PEOPLE BACK TO THEIR LEGAL COUNSEL CUZ WE DON'T EVER WANNA BE, YOU KNOW, SAYING, OH YEAH, THAT AUTHORIZES Y'ALL TO DO THAT BECAUSE WE DON'T EVER AGAIN WANNA MAKE THAT DETERMINATION OF WHAT IT COULD BE.

UM, SO I KNOW JULIO WENT OVER A LITTLE BIT OF THIS, BUT I JUST WANNA TOUCH ON THIS AGAIN.

FOR A LOCAL HOTEL OCCUPANCY TAX, UM, IT DOES COUNT FOR HOTEL ROOMS AND THOSE LUMP SUM PACKAGES, UH, IT DOES NOT CHARGE FOR FOOD OR MEETING SPACES.

[00:30:01]

AND AGAIN, THOSE LUMP SUM PACKAGES WOULD BE SOMETHING LIKE A HONEYMOON PACKAGE THAT HAS A, UH, MASSAGE, MAYBE A BOTTLE OF WINE WITH IT AS LONG AS IT'S BILLED AS A LUMP SUM PACKAGE.

HOT OCCUPANCY TAX APPLIES FOR ALL OF THAT.

IF IT IS SEPARATELY LINE ITEMED OUT, IT ONLY APPLIES TO THAT HOTEL ROOM IN THERE.

UM, TAX RATE, TYPICALLY FOR, UH, MOST CITIES AND COUNTIES, UH, THEY'RE ALLOWED TO HAVE 7%.

AUSTIN DOES HAVE A 9%, SINCE Y'ALL DO HAVE THAT 2% FOR THE QUALIFIED, UH, CONVENTION CENTER, UM, MOST CITIES AND COUNTIES CAN HAVE A MAX RATE OF 17% AND THAT INCLUDES THE STATE PORTION, THE CITY PORTION, THE COUNTY PORTION, POTENTIALLY AN ET E T J.

UM, THE CITY OF EL PASO IS ONE OF THE EXCEPTIONS TO THAT RULE.

THEY HAVE A 17.5%, UH, TAX RATE BECAUSE THEY DID HAVE THAT BEFORE THE 2013 RULE IN A PLACE OF A 17% MAXIMUM.

UM, AGAIN, I DO WANNA EXPRESS HERE, THIS IS A HEAVILY BRACKETED PORTION.

UM, BUT THIS IS JUST GOING OVER, I'M GONNA GO OVER, UH, THE GENERAL USES OF HOTEL OCCUPANCY TAX.

UM, AND THE MAIN THING TO REMEMBER, AS WE ALWAYS SAY IN THE INDUSTRY, IS HEADS IN BEDS.

YOU WANNA MAKE SURE, UH, THAT YOU'RE PUTTING HEADS IN BEDS ANYTIME YOU'RE USING YOUR HOTEL OCCUPANCY TAX MONEY, UM, THAT YOU'RE TRYING TO GET PEOPLE TO COME INTO YOUR CITY FROM ANOTHER CITY.

NOT THAT YOU'RE JUST HAVING YOUR OWN RESIDENCE COME TO AN EVENT THAT YOU'RE ACTUALLY HAVING PEOPLE TRAVEL FROM OUT OF TOWN INTO YOUR CITY TO STAY IN HOTELS.

UM, SO A FEW DIFFERENT WAYS THAT YOU CAN USE YOUR MONEY.

UM, AND THIS IS GONNA BE FOR THE CONVENTION CENTERS AND VISITOR INFORMATION CENTERS, UH, AS WELL AS USING THE REVENUE FOR FURNISHING THOSE FACILITIES WITH PERSONNEL AND MATERIALS, UH, FOR ANY SORT OF CONVENTION DELEGATES AND REGISTRANTS.

UM, YOU CAN ALSO USE THAT MONEY FOR ADVERTISING.

UH, AND THAT CAN BE ANY SORTS OF ADVERTISING.

UM, I WAS JUST TELLING THEM EARLIER, UH, FOR EXAMPLE, I HAD A CITY CONTACT ME, UM, RECENTLY WHO THEY HAVE THE, UH, THE TOTAL SOLAR ECLIPSE IS COMING THROUGH THEIR, DIRECTLY THROUGH THEIR CITY.

AND SO THEY'RE ACTUALLY USING A PART OF THEIR HOTEL REVENUE TO MAKE T-SHIRTS, UM, THAT THEY'RE GONNA BE SELLING.

BUT IT'S, YOU KNOW, ANOTHER WAY TO ADVERTISE OF LIKE, LOOK AT OUR CITY, WE'RE PART OF THE, THE SOLAR ECLIPSE.

UM, YOU CAN ALSO USE IT FOR, UM, THE ARTS AND THAT IS A VERY BROAD CATEGORY.

I WOULD ADVISE YOU TO LOOK AT THE STATUTE IN REGARDS TO THAT CUZ THERE'S PROBABLY 20 DIFFERENT THINGS LISTED IN THERE OF DIFFERENT WAYS THAT YOU CAN USE IT.

BUT THINK ANYTHING FROM MUSIC FESTIVALS TO MUSEUM TYPE, UH, SHOWINGS, UM, YOU KNOW, YOU NAME IT, IT'S PROBABLY IN THERE.

UM, ANOTHER THING THAT YOU CAN DO IS THE HISTORIC RESERVATION AND, AND PRESERVATION PROJECTS.

I DO HAVE THE ALAMO HERE, UH, BUT THAT'S ONE OF THOSE THINGS YOU CAN USE IT FOR.

YOU CAN ALSO USE IT FOR PROMOTIONAL EXPENSES IN REGARDS TO THAT.

SO EVEN IF YOU'RE TRYING TO GET SOMEONE TO COME VISIT THE STATE CAPITAL OR, UH, YOU KNOW, ANY SORTS OF THINGS THAT YOU HAVE GOING ON IN YOUR CITY IN REGARDS TO THAT HISTORICAL RESTORATION, UH, YOU CAN USE ADVERTISING MONEY FOR THAT AS WELL.

UM, YOU CAN ALSO USE IT FOR, UH, EXPENSES DIRECTLY RELATED TO A SPORTING EVENT IN WHICH MAJORITY OF THE PEOPLE ARE TRAVELING FROM OUT OF TOWN.

UH, I DO HAVE UP ON TOP HERE, I THINK THIS IS THE H HEB CENTER IN CEDAR PARK.

UM, SO I KNOW THAT THEY USE SOME OF THEIR MONEY, UH, FOR THAT SORT OF THING, TRYING TO GET PEOPLE TO COME IN INTO CEDAR PARK AND WATCH THOSE STARS GAMES.

UM, ANOTHER THING THAT YOU CAN DO, UH, IS YOU CAN USE IT TO UPGRADE YOUR EXISTING SPORTS FACILITIES OR EVEN BUILD NEW ONES.

UM, AND I, ONE THING I DID FIND INTERESTING IS THE CITY OF ROUND ROCK HAS A THING, IT'S CALLED GO ROUND ROCK.

IT'S A SPORTS TOURISM PROGRAM.

UM, AND THEY COLLECT 9% FROM ALL THEIR HOTEL TAX THERE.

THIS PROGRAM GENERATES OVER 16 MILLION IN ECONOMIC ACTIVITY EVERY YEAR.

AND ONE OF THE BIG THINGS THEY DO IS FOR DELL DIAMOND, THEY DO A HUGE PROMOTIONAL PROGRAM FROM ALL OVER THE STATE TRYING TO GET PEOPLE OR ANY, EVEN OTHER STATES WHENEVER THEY'RE PLAYING OTHER TEAMS THAT LIVE OUTSIDE OF THE STATE, THEY TRY TO GET THOSE PEOPLE TO COME INTO TOWN, STAY IN ROUND ROCK, SPEND THAT MONEY LOCAL, AND THEN THEY GET ALL THAT MONEY BACK FOR IT.

UM, ANOTHER THING THAT YOU CAN DO IS YOU CAN USE SIGNAGE IN YOUR CITIES, UH, AS LONG AS IT'S LIKE SORT OF POINTING PEOPLE TO OTHER PLACES AROUND THE CITY.

SO YOU HAVE HERE IN MORGAN HILL, YOU CAN SOMETHING LIKE A CIVIC CENTER, SOMETHING LIKE MUSEUM, SOMETHING LIKE THE CITY HALL, BUT YOU CAN USE YOUR HOTEL REVENUE FOR THOSE SORTS OF THINGS.

UH, YOU CAN ALSO USE IT FOR, UH, A TRANSPORTATION SYSTEM.

BUT I DO WANNA, UH, STRESS HERE.

THIS IS FOR TOURISTS.

IT'S NOT FOR YOUR LOCALS.

UH, IT'S FOR TOURISTS.

SO IF YOU HAVE LIKE A BUS OR ANY SORT OF TRANSPORTATION SYSTEM THAT IS USED, TAKING YOUR TOURISTS EITHER FROM THE HOTEL TO OR HOTEL TO A DOWNTOWN AREA, THAT'S SOMETHING GOING ON CONVENTION CENTER, EVEN FROM AIRPORT TO THE HOTEL, AS LONG AS THEY'RE ARE USING THOSE THINGS, UH, AGAIN USED PRIMARILY BY A TOURIST, THEN YOU CAN USE YOUR HOTEL REVENUE ON THAT.

UH, OTHER USES, WHICH I'M SURE Y'ALL ARE AWARE OF, UH, BONDS AND MANAGEMENT CONTRACTS, UM, WITH A HOTEL OCCUPANCY TAX, YOU CAN

[00:35:01]

CONTRACT WITH ANOTHER PERSON, A GOVERNMENT ENTITY, OR EVEN A PRIVATE ORGANIZATION TO MAKE SURE, UH, THAT THAT HOTEL TAX REVENUE IS BEING USED IN A PROPER WAY.

UM, LEMME MAKE SURE I PUT IT ON HERE.

YEAH, ONE THING ABOUT THIS IS YOU WANNA MAKE SURE THAT THESE PEOPLE, IF YOU CONTRACT IT OUT, THEY'RE STILL REQUIRED TO ADHERE TO THE STATUTE.

UM, SO THEY HAVE TO HAVE THEIR ANNUAL BUDGET APPROVED BY THE GOVERNING BODY.

THEY HAVE TO SUBMIT PERIODIC REPORTS AT LEAST QUARTERLY.

UM, THE ONE THAT I ALWAYS, ALWAYS, ALWAYS TRY TO MAKE SURE TO STRESS IS THAT SEPARATE ACCOUNT FOR THE HOT REVENUE.

I'M SURE THAT YOU'RE AWARE OF, YOU KNOW, LIKE THE OPEN RECORDS LAWS AND STUFF LIKE THAT.

AND SO IF THEY HAVE, LET'S SAY YOU CONTRACT SOMEONE OUT AND THEY HAVE THAT MIXED IN WITH THEIR PERSONAL ACCOUNT, UM, ANYTIME SOMEONE ASKS FOR THOSE RECORDS, THEY HAVE TO GIVE ALL OF THOSE RECORDS NO MATTER WHAT'S IN THOSE RECORDS.

SO I CANNOT STRESS ENOUGH, MAKE SURE IF YOU DO CONTRACT SOMEONE OUT, THAT THEY KEEP THOSE FUNDS IN A VERY SEPARATE ACCOUNT FROM EVERYTHING ELSE.

UM, AND THEN THEY ALSO, UH, ARE REQUIRED TO HAVE THOSE FINANCIAL RECORDS, UM, AND MAKE 'EM AVAILABLE WITH REQUEST OF ANY LOCAL GOVERNMENT OR THE PUBLIC.

UM, YOU CAN ALSO DO AN ARTS SUBCONTRACT.

SO LET'S SAY FOR EXAMPLE, YOU DO WANNA SPEND SOME MONEY ON SOMETHING ARTS IN YOUR CITY, UM, AND YOU CONTRACT SOMEONE OUT TO DO THAT FOR YOU, THAT PERSON CAN ALSO SUBCONTRACT THAT BACK OUT.

UM, SO IF, YOU KNOW, THEY CHOOSE TO, THEY, YOU KNOW, MAYBE THEY'RE SOMEONE THAT JUST SORT OF PUTS ARTISTS TOGETHER AND THEN THEY, THEY, THEY PERSONALLY PAY THE ARTISTS TO COME IN AND TAKE CARE OF THAT.

UM, THAT'S SOMETHING THEY CAN ALSO DO.

AND AGAIN, THIS IS JUST TO MAKE SURE THE PERSON THAT RECEIVES THAT GRANT STILL MUST SUBMIT A REPORT OF THE EXPENDITURES AT LEAST ANNUALLY TO THE GOVERNING BODY.

AND THEY ALSO HAVE TO MAKE THOSE RECORDS AVAILABLE, UH, UPON REQUEST.

UM, A FEW OTHER REVENUE EXPENDITURES, UH, THAT YOU CAN USE THAT HOTEL REVENUE ON, UH, IS DAY-TO-DAY OPERATIONS, SUPPLIES, SALARIES, OFFICE SPACE RENTAL, TRAVELING AS RELATED TO PRO PROMOTING TOURISM, UH, AND THEN ADMINISTRATIVE AND OTHER NECESSARY EXPENDITURES.

UM, ONE OF THE THINGS HERE IS WITH THE TRAVEL EXPENSES, UH, IT HAS TO BE SOMEONE THAT IS TRAVELING, UH, WITH THE, WITH THE PURPOSE OF, UH, PROMOTING TOURISM IN THE CONVENTION AND HOTEL INDUSTRY.

SO YOU CAN'T JUST USE IT TO HAVE ANY OF YOUR STAFF TRAVEL, DO WHATEVER THEY WANT HAS TO BE SPECIFICALLY TO TRY TO GET PEOPLE TO COME INTO YOUR CITY.

UM, THIS AGAIN, IS ONE OF THOSE THAT IS A VERY HIGHLY BRACKETED AREA OF THE STATUTE TAX ALLOCATION.

UH, THIS IS VERY GENERAL HERE.

UH, I DON'T KNOW THAT IT SPECIFICALLY APPLIES TO AUSTIN, BUT I DO WANNA LET YOU KNOW THAT AGAIN, A GENERAL ADVERTISING AT LEAST 50% OF YOUR HOT REVENUE MUST, MUST GO TO ADVERTISING.

UH, 15% OR 1% OF THE ROOM COSTS, WHICHEVER IS GREATER, IS GONNA GO TOWARDS THE ARTS.

UH, AND THEN HISTORICAL RESERVATION RESTORATION IS ABOUT 15%.

UNLESS THEY DO NOT HAVE A CONVENTION, UH, CENTER OR VISITOR CENTER, THEN YOU CAN USE UP TO 50% ON THAT HISTORICAL RESTORATION.

AND THAT IS ALL FOR ME.

UM, DOES ANYONE HAVE ANY QUESTIONS? CHAIR RECOGNIZES COMMISSIONER, CHAIRMAN? YEAH, I, I DON'T KNOW IF THIS IS APPROPRIATE FOR YOU OR, OR THE, THE OTHER PRESENTER, BUT AGAIN, ON THE SHORT-TERM TERM RENTALS, WHEN THEY'RE COLLECT, WHEN COLLECTING STATE OCCUPANCY TAXES THAT DONE BY AIRBNB WHEN THE RESERVATIONS WERE MADE.

RIGHT.

SO THERE'S TWO DIFFERENT PARTS OBVIOUSLY WITH THE, THERE'S THE STATE PORTION AND THE HOTEL PORTION, RIGHT? UM, THE STATE PORTION, THE HOTEL, THE AIRBNB AND HOMEAWAY, THEY COLLECT THAT DIRECTLY FROM THE HOST.

UH, WHEREAS IF IT IS A SHORT TERM RENTAL THAT IS, UM, FOR THE LOCAL, THAT IT'S UP TO THE CITY OR COUNTY TO ACTUALLY COLLECT THAT FROM THE HOST.

UM, I, I KNOW THAT THERE'S BEEN SOME PROBLEMS WITH REGARDS TO THAT.

A LOT OF SHORT TERM RENTALS AREN'T NECESSARILY REPORTING THOSE BACK.

UM, AND WE ALWAYS, WHAT WE TYPICALLY DO IS JUST ADVISE THE CITIES AND COUNTIES TO SORT OF MAKE SURE AND CHECK SHORT, SHORT TERM RENTAL WEBSITES ONLINE, MAKE SURE THOSE PEOPLE ARE REMITTING BACK TO YOU.

UM, I KNOW THAT THERE ARE SOME CITIES, UH, THAT REQUIRE, YOU KNOW, SHORT TERM RENTALS TO HAVE SOME SORT OF LICENSE SO THEY CAN MAKE SURE AND TRACK THOSE THINGS.

BUT I DON'T BELIEVE AUSTIN DOES THAT.

RIGHT.

I THINK THEY HAVE A LICENSE.

IT'S, I THINK THE QUESTION IS WHETHER PEOPLE GET THE LICENSE.

YEAH.

ANY OTHER QUESTIONS? CHAIR RECOGNIZES COMMISSIONER RONAN? YES.

I JUST HAD A GENERAL QUESTION ABOUT, I UNDERSTAND THAT THE, THE HOT TAX IS SPELLED OUT FOR LOCAL JURISDICTIONS IN THE STATE CODE.

UM, IS IS, ARE THE REPORTING REQUIREMENTS QUITE SIMILAR ON THE LOCAL LEVEL AS WELL? DO YOU SEE THAT SORT OF BEING REPLICATED? SAY IF YOU WERE TO RE REALLOCATE OR SUB OUT THE REVENUE TO ANOTHER ENTITY AS YOU MENTIONED IN YOUR PRESENTATION, DOES IT HAVE SOME OF THE SAME, UH, BOOKKEEPING OUR, UM, AUDITING REQUIREMENTS? I WANT, WOULD YOU, UM, I WANNA MAKE SURE YOU GO BACK TO THE SLIDE

[00:40:01]

ACTUALLY, CUZ I, I CAN'T ASK MY QUESTION WITHOUT IT.

UM, THERE'S A CERTAIN SLIDE THAT TALKS ABOUT THE ALLOCATION PORTION.

UH, YES.

OR THE MANAGEMENT PORTION.

THIS ONE, UH, TWO, TWO OR THREE MORE BACK.

ONE MORE.

MANAGEMENT YOU HAD MENTIONED IT MIGHT BE ACTUALLY MANAGEMENT.

YEAH.

UH, PRIME ORGANIZATION MANAGEMENT PROVIDE THE FUNDS THE NEXT, SO THAT THERE WAS SOMETHING YOU SAID ABOUT IT BEING BROKEN DOWN IF YOU'RE, YOU HAVE, THEY HAVE TO FOLLOW THE STATE STATUTE EVEN IF YOU, YOU'RE GIVING THE REVENUE, RIGHT? SO IF YOU'RE, TELL ME MORE ABOUT THAT.

YEAH.

IF YOU, IF YOU ARE HIRING SOMEONE TO DO A, IF YOU'RE HIRING SOMEONE TO TAKE CARE OF YOUR HOTEL TAX REVENUE, YOU KNOW, YOU'RE HIRING ANOTHER COMPANY TO MAKE SURE THAT ALL OF THE DAY-TO-DAY THINGS ARE TAKEN CARE OF FOR HOT REVENUE, THEN THEY'RE STILL REQUIRED TO ABIDE BY THE LAWS THAT ARE SET FORTH IN THE STATUTE.

OKAY.

DOES THAT ANSWER YOUR QUESTION? YEAH.

WOULD THAT BE THE SAME THING? I'M JUST COMING AT THIS WITH THE NONPROFIT MINDS, UH, SINCE I RUN A NONPROFIT.

SO WOULD THAT MEAN THAT SAY YOU GET A GRANT THAT'S PARTIALLY FUNDED BY THE STATE, THAT THE NONPROFIT ENTITY WOULD HAVE TO, I GUESS IT'S ONLY IN TERMS OF ALLOCATION OF THE ACTUAL REVENUES NOT RECEIVING IT.

THIS, THIS IS, THIS IS SPECIFICALLY REGARDING CITIES OR COUNTIES OKAY.

THAT ARE COLLECTING HOTEL, OPTIMAL TAX, UHHUH, , UM, AND THEY HAVE THIS REVENUE TO SPEND AND THEN THEY'RE, THEY'RE SAYING INSTEAD OF THEM TRYING TO FIGURE OUT WHAT TO DO WITH IT, THEY'RE SAYING THEY'RE GIVING IT TO ANOTHER COMPANY AND SAYING, HEY, YOU NEED, NEED TO MANAGE THIS FOR US.

PLEASE MANAGE ALL OF OUR MONEY.

OKAY.

PLEASE MANAGE OUR REVENUE.

BUT THAT'S NOT A NON-PROFIT.

CORRECT.

OKAY.

I MEAN, IT COULD BE, UM, AGAIN, IT SAYS HERE PERSON, GOVERNMENT ENTITY OR PRIVATE ORGANIZATION.

SO PROBABLY NOT A NON-PROFIT, BUT SURE.

UM, THINK MORE LIKE A CPA OR EVEN SOMETHING LIKE, YOU KNOW, MAYBE THE CITY OF AUSTIN CONTRACTS ANOTHER PART OF, YOU KNOW, IF, LIKE, IF Y'ALL PERSONALLY, I DON'T KNOW IF Y'ALL DO, BUT IF Y'ALL PERSONALLY LIKE TAKE CARE OF THE REVENUE INSTEAD OF THE TOURISM COMMISSION TAKING CARE OF THE REVENUE, YOU WOULD GIVE IT OVER MAYBE TO, UH, CITY COUNCIL OR SOMETHING.

I DON'T KNOW.

UM, BUT SOMETHING, SOMETHING OF THAT SORT, YOU KNOW, LIKE IT WOULD JUST BE A DIFFERENT PERSON, A DIFFERENT GOVERNMENT ENTITY THAT THEREIN SAID IT'S, YOU KNOW, YOU'RE NOT, THAT THEY'RE BASICALLY JUST MANAGING THAT MONEY FOR YOU AND MANAGING HOW TO USE THE MONEY.

ALL RIGHT.

THANK YOU.

YES, SIR.

ANY OTHER QUESTIONS? ANY OTHER QUESTIONS? NOPE.

ALL RIGHT.

THANK YOU VERY MUCH.

THANK YOU FOR HAVING ME.

THANK YOU.

THANK YOU.

ALL RIGHT.

NEXT ITEM

[4. Presentation on Hotel Occupancy Tax funds distribution, process, and collection from the City of Austin Financial Services, Chief Financial Officers, Ed Van Eenoo and Diane Thomas]

ON THE AGENDA IS THE PRESENTATION ON, ON THE MUNICIPAL HOTEL OCCUPANCY TAX, INCLUDING COLLECTION AND DISTRI DISTRIBUTION FROM THE CITY OF AUSTIN'S FINANCIAL SERVICES DEPARTMENT.

WELCOME.

THANK YOU COMMISSIONER.

UH, MY NAME IS ED VAN NINO.

I'M THE CHIEF FINANCIAL OFFICER FOR THE CITY OF AUSTIN.

I'M JOINED TODAY BY DIANA THOMAS, OUR DEPUTY CHIEF FINANCIAL OFFICER.

UM, HAPPY TO BE HERE TO WALK YOU THROUGH JUST SOME HIGHLIGHTS, I GUESS, HIGH LEVEL OVERVIEW OF HOTEL OCCUPANCY TAXES COLLECTED HERE IN THE CITY OF AUSTIN.

UM, HOTEL OCCUPANCY TAXES ARE, UH, PLACED ON EACH NIGHT'S STAY AT A HOTEL, MOTEL BED, AND BREAKFAST, OR A SHORT-TERM RENTAL.

UM, IT'S A TOTAL OF 17 CENTS PER DOLLAR.

11 CENTS OF THAT IS A LOCAL TAX.

6 CENTS OF THAT IS, UH, COLLECTED BY THE STATE.

UM, IN TERMS OF HOW THAT MONEY'S REMITTED TO THE CITY OF AUSTIN, YOU CAN SEE THE SCHEDULE ON THIS SLIDE.

IT'S PAID QUARTERLY.

THAT'S THE 11 CENT PORTION OF THE HOTEL TAX PAID BY THE HOTELS, MOTELS, BED, AND BREAKFAST OR SHORT TERM RENTALS ON A QUARTERLY BASIS WITH, UH, TAXES DUE, YOU CAN SEE APRIL 30TH, JULY 31ST, OCTOBER 31ST, AND JANUARY 31ST ARE THE DUE DATES FOR THOSE TAX REMITTANCES IN GENERAL.

BIG PICTURE HOTEL TAX REVENUE IS USED TO PROMOTE TOURISM AND CONVENTION IN HOTEL INDUSTRY IN AUSTIN.

SOMETIMES YOU HEAR, HEAR TO IT REFERRED TO AS THINGS THAT PUT HEADS IN BEDS.

RIGHT? WE'RE HERE TO GET PEOPLE TO COME FROM OUTSIDE OF THE CITY, INTO THE CITY AND STAY IN OUR HOTELS.

UH, UH, SECTION 3 51 OF THE TEXAS GOVERNMENT GOVERNMENT CODE, UM, IS ONE OF THE WAYS THAT WE GET HOTEL TAX REVENUES LOCALLY.

THERE'S ALSO A LOCAL GOVERNMENT CODE SECTION 3 34, UM, THAT PERTAINS TO, UH, THE VENUE TAX AND THEN THERE'S THE EXPANSION PORTION.

SO LEMME JUST GO THROUGH EACH OF THOSE REALLY QUICKLY.

THIS IS THE LEGAL FRAMEWORK FOR THE 11 PENNIES THAT THE, THAT THE CITY COLLECTS.

THE, UM, SECTION 3 51 OF THE TEXAS GOVERNMENT CODE ENTITLES A A CITY TO ASSESS A HOTEL TAX, UH, FOR THE THINGS YOU CAN SEE ON THIS LIST FOR THE CONSTRUCTION OPERATION AND MAINTENANCE OF A CONVENTION CENTER ADVERTISING AND PROMOTIONAL ACTIVITIES.

SO IN REGARDS TO THAT LAST QUESTION, WE DO CONTRACT

[00:45:01]

WITH VISIT AUSTIN TO DO TOURISM AND MARKETING.

SO I THINK THAT WOULD BE ONE EXAMPLE OF WHAT YOU'RE TALKING TO THE COMPTROLLER STAFF ABOUT WHERE THE CITY IS TAKING IT TO HOTEL TAXES AND CONTRACTING WITH ANOTHER AGENCY TO PROVIDE, UM, UM, ELIGIBLE SERVICES.

UM, AND THEN CHAPTER THREE 50 OR SECTION 3 51 ALSO ALLOWS 15% OF THE TOTAL COLLECTIONS TO GO TO CULT CULTURAL ARTS PROGRAMS AND ANOTHER 15% TO GO TO HISTORICAL PRESERVATION.

SO THAT'S ESSENTIALLY WHAT THE U WHAT WE CAN USE THAT SEVEN PENNIES FOR ARE THESE TYPES OF THINGS.

UM, THERE WAS ANOTHER 2 CENTS THAT WAS APPROVED IN, UM, 1998 FOR THE NORTH SIDE EXPANSION OF THE CONVENTION CENTER.

THAT FUNDING IS BEING USED TO PAY OFF THE DEBT SERVICE ON THAT EXPANSION.

AND THEN IN 2019, THE CITY COUNCIL APPROVED AN ADDITIONAL TWO PENNIES UNDER SECTION 3 51 0.1 0 65 OF THE TEXAS TAX CODE, UM, FOR THE FUTURE EXPANSION, UH, UM, OF THE CONVENTION CENTER.

SO WE'RE CURRENTLY COLLECTING THAT MONEY, UM, IN PREPARATION FOR EXPANDING THE CONVENTION CENTER.

UM, THIS IS KIND OF GETS TO THE LOCAL CODES AND ORDINANCES.

THIS, THIS DEFINES HOW WE IN THE CITY OF AUSTIN ALLOCATE, UH, THE TAXES THAT WE COLLECT.

SO THAT 3 34, AS I MENTIONED, THAT'S WHAT WE CALL THE VENUE PROJECT FUND.

THAT WAS FOR THE NORTH SIDE EXPANSION OF THE CONVENTION CENTER.

WE USE THOSE FUNDS THAT THE REVENUE FROM THAT TWO PENNIES TO PAY FOR DEBT SERVICE.

UM, THE NEXT, THE, THE EXPANSION TAX THAT WAS APPROVED, AS I MENTIONED, UH, IN, UH, 2019, THAT'S GOING TO BE FOR THE, UH, THE FUTURE CONVENTION CENTER EXPANSION PROJECT.

AND THEN THE REMAINING SEVEN PENNIES BY CITY CODE ARE ALLOCATED TO THESE DIFFERENT BUCKETS.

FOUR AND A HALF CENTS GOES TO THE, UH, AUSTIN CONVENTION CENTER.

THEY USE THAT FOR DEBT SERVICE, MAINTENANCE AND OPERATIONS OF THE CONVENTION CENTER, CAPITAL IMPROVEMENTS AT THE CONVENTION CENTER.

UM, THEY DO PROVIDE, UH, FUNDING TO VISIT AUSTIN THROUGH THAT ALLOCATION.

AND, UM, THEY ALSO PROVIDE, UM, ADDITIONAL FUNDING THAT, THAT'S THAT CHAPTER 3 51, 10 65 THAT RESULTED IN ADDITIONAL HOTEL TAXES.

15% OF THE EQUIVALENCY OF 15% OF THAT IS ALSO ALLOCATED TO, UH, LIVE MUSIC AND HISTORIC PRESERVATION OUT OF THIS FOUR AND A HALF PENNIES FROM THE, FROM THE SECTION 3 51 MONEY.

SO THAT'S A LITTLE BIT CONVOLUTED.

WE CAN COME BACK TO THAT IF YOU, IF YOU WOULD LIKE.

YES, SIR.

QUESTIONS CHAIR RECOGNIZES COMMISSIONER CANTI.

UM, THE LAST TWO SLIDES KIND OF THREW ME OFF AND HELP ME IF I GOT THIS WRONG, BUT MY UNDERSTANDING WAS THAT THE 15% CAP FROM CULTURAL ARTS AND HISTORIC APPLIED TO THE ENTIRETY OF THE TAX, NOT JUST THE 7 CENTS.

AND THE WAY I'M READING THIS, THESE CHARTS, IT MAKES IT LOOK LIKE THE 15% IS ONLY TAKEN FROM THE 7 CENTS.

BUT SINCE WE HAVE AN ADDITIONAL 2 CENTS, IS IT CORRECT TO SAY THAT THE CAP APPLIES TO THE, I I I KNOW THAT'S A WEIRD MATH QUESTION, BUT I'M PRETTY SURE THAT WAS A BIG DEAL WHEN WE ORIGINALLY PASSED THIS.

IS THAT RIGHT? SO LET ME FINISH GETTING THIS SLIDE.

OKAY.

AND HOPEFULLY IN GETTING THROUGH THIS SLIDE, SO LET'S JUMP DOWN TO THE BOTTOM TWO ITEMS SO THAT YOU, YOU CAN SEE OF THE SEVEN PENNIES, 15%, 15% OF SEVEN IS 1.05, RIGHT? THAT GOES TO CULTURAL ARTS.

AND 1.05 GOES TO HISTORIC PRESERVATION.

FOUR TENTHS OF A PENNY GOES TO TOURISM PROMOTION, ALSO KNOWN AS VISIT AUSTIN.

THESE ARE THINGS THAT ARE BY CODE WE'RE GONNA PAY THESE AMOUNT.

THEN BY CODE WE PUT FOUR AND A HALF CENTS TO THE AUSTIN CONVENTION CENTER WITH THAT FOUR AND A HALF CENTS.

THE AUSTIN CONVENTION CENTER PAYS FOR THOSE THINGS THAT I MENTIONED, DEBT SERVICE, MAINTENANCE AND OPERATIONS, CAPITAL IMPROVEMENTS.

BUT THEN THEY, THEY DO PROVIDE FUNDING OVER AND ABOVE THE FOUR TENTHS OF A, THAT FOUR TENTHS OF A PENNY THAT GOES TO TOURISM OR PROMOTION.

THE CONVENTION CENTER PAYS MONEY OVER AND ABOVE THAT FOR OP, FOR VISIT AUSTIN, VISIT AUSTIN OPERATIONS.

AND THEN SIMILARLY, OVER AND ABOVE THE 1.05 CENTS, THEY PAY ADDITIONAL FUNDING FOR, UH, LIVE MUSIC, CULTURAL ARTS, UM, AND HISTORIC PRESERVATION.

OKAY, THAT ADDITIONAL FUNDING IS 15%.

IT'S EQUIVALENT TO 15% OF THAT EXTRA TWO PENNIES.

THANK YOU.

SO IT IS, IT IS 15% OF THE TOTAL, EXCLUDING THAT VENUE PROJECT FUND, THE VENUE PROJECT FUND HAS TO BE, IT'S JUST DIFFERENT.

UH, IT'S NOT EVEN PART OF THE TAX CODE, IT'S PART OF THE LOCAL GOVERNMENT CODE THAT HAS TO JUST BE FOR THE DEBT SERVICE ON THE NORTH SIDE EXPANSION.

THANK YOU.

BUT THAT, THAT'S RIGHT.

FROM WHAT I REMEMBER, I KNOW IT'S CONFUSING AND I KNOW I'M GOING PASS.

SO COULD YOU, COULD YOU SAY IT ONE MORE TIME IN ONE SENTENCE, JUST, I FEEL LIKE IT OF WILLIAM FA RUN ON SENTENCES, BUT, UM, SO LET'S JUST THINK ABOUT THE CHAPTER 3 51 MONEY.

THERE'S TWO PIECES TO THAT.

THERE'S THIS 7 CENTS,

[00:50:02]

UM, THAT'S FOR, I'LL JUST CALL IT THE REGULAR CHAPTER THREE FIFTY ONE.

THEN THERE'S A SPECIFIC PROVISION 3 51 0.1065.

THAT'S AN EXTRA TWO PENNIES.

SO THE SEVEN WE'VE BEEN ASSESSING FOR A LONG TIME, THIS EXTRA TWO PENNIES.

THE CITY COUNCIL AUTHORIZED US TO BEGIN ASSESSING IN 2019.

THAT WAS SPECIFICALLY FOR EXPANSION.

ALL THE FULL DOLLAR AMOUNT OF THAT TWO PENNIES IS GOING TO AN EXPANSION FUND.

IT'S THERE FOR EXPANSION.

BUT IN ESTABLISHING THAT, THE CITY COUNCIL SAID THEY WANTED 15% OF THAT 3 51, 10 65.

THEY WANTED TO ENSURE THAT THE CULTURAL ARTS AND THE HISTORIC PRESERVATION FUNDS WERE GETTING, UM, THE EQUIVALENT OF 15% OF THAT.

THAT EQUIVALENCY IS COMING OUT OF THE AUSTIN CONVENTION CENTER'S PORTION OF THE SECTION 3 51 MONEY.

AND IT'S MAYBE CONFUSED CUZ IT'S ALL 3 51.

THERE'S JUST, THERE'S JUST THESE DIFFERENT, UM, SUBSECTIONS OF CHAPTER 3 51.

WE'LL COME BACK TO IT A LITTLE, LITTLE SINK IN FOR A LITTLE BIT AND WE'LL SEE IF IT, WE'LL SEE IF YOU HAVE ANY QUESTIONS AT THE END.

IN TERMS OF HISTORICAL, UH, HOT COLLECTIONS, YOU CAN SEE THE, UH, THE CHAPTER 3 51.

THAT'S THE, THE BIGGEST PIECE IN THAT, LIKE YELLOW HORIZONTAL SLASHES.

THAT'S THE SEVEN PENNIES.

UM, YOU CAN SEE THE CHAPTER 3 34, 2 PENNIES.

THAT'S THE BLUE PIECE AGAIN THAT'S BEEN COLLECTED TO PAY DEBT SERVICE ON THE NORTH SIDE EXPANSION.

AND THEN YOU CAN KIND OF SEE THE NEW BROWN BRICK PATTERNED PIECES THAT STARTED IN 2019.

UM, AND THEN YOU CAN SEE HOW IT'S RAMPED UP OVER OVER TIME.

THAT'S THE REVENUE WE'VE BEEN COLLECTING FOR THE FUTURE EXPANSION OF THE CONVENTION CENTER.

YOU CAN ALSO CLEARLY SEE ON THE GRAPH THE IMPACTS OF COVID AND THE SHUTDOWN OF THE TOURISM INDUSTRY AND FISCAL YEARS 20 AND 21.

YOU KNOW, THE REALLY AMAZING NEWS IS HERE WE ARE IN FISCAL YEAR 22 AND THE REVENUES HAVE REBOUNDED TO AN ALL-TIME HIGH.

UM, FY 23 BUDGET SHOWS A PROJECTED DECLINE.

BUT, UM, THAT'S REALLY OUR CONSERVATIVE BUDGETING PRACTICE.

YOU'RE ALWAYS GONNA SEE US, UH, BUDGETING, UH, FOR THE FUTURE ON A VERY CONSERVATIVE BASIS.

SO, YOU KNOW, I THINK IT'S CERTAINLY LIKELY THAT WE'RE GONNA EXCEED OUR BUDGETED ESTIMATES, BUT WHEN WE PUT A BUDGET TOGETHER, WE WANT TO BE CONSERVATIVE.

AND THAT'S WHAT WE DID IN FISCAL YEAR 23.

AND THEN FINALLY, WE WERE ASKED TO TALK A LITTLE BIT ABOUT SHORT-TERM RENTALS.

AS I MENTIONED ON THE FIRST SIDE, SHORT-TERM RENTALS DO INDEED, UM, ARE REQUIRED TO PAY HOTEL OCCUPANCY TAXES.

SHORT-TERM RENTALS ARE DEFINED AS RESIDENTIAL DWELLING UNITS OR ACCESSORY BUILDINGS RENTED ON A TEMPORARY BASIS FOR PERIODS OF 30 CONSECUTIVE DAYS OR LESS.

UM, YOU CAN SEE WE HAVE THREE DIFFERENT TYPES.

WE EVEN INCLUDED LITTLE PICTURES OF WHAT THE TYPES LOOK LIKE.

YOU KNOW, TYPE ONE BEING BEING AN OWNER OCCUPIED SINGLE FAMILY, UH, OR MULTIFAMILY DUPLEX UNIT.

UH, TYPE TWO AS A NON-OWNER OCCUPIED SINGLE FAMILY OR DUPLEX.

AND THEN A TYPE THREE CAN BE OWNER-OCCUPIED OR NOT, BUT IT'S A MULTI-FAMILY, UH, TYPE PROPERTY, NOT A, A DUPLEX.

YOU CAN SEE THE NUMBER OF CURRENT LICENSES THAT WE HAVE AND THE AMOUNT OF HOTEL TAXES THAT WE COLLECT FROM EACH OF THOSE UNITS.

SO SHORT TERM RENTALS DO INDEED PAY HOTEL TAXES AND, AND THIS IS THE DATA PERTAINING TO THEM.

SO THAT IS ALL I HAD FOR YOU.

I KNOW WE WENT THROUGH IT REALLY QUICKLY.

UH, DIANA THOMAS AND I MYSELF ARE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

DOES ANYONE HAVE ANY QUESTIONS? CHAIR RECOGNIZES COMMISSIONER SMITH.

I GUESS THE ONLY QUESTION I HAVE IS HOW DOES, HOW DOES OUR TOTAL HOT, UH, HOT TAX COMPARE TO OTHER CITIES, UH, OF EQUAL SIZE? ARE WE HIGHER THAN MOST OR LOWER THAN MOST OR RIGHT IN THE MIDDLE? I, I DON'T HAVE THE ANSWER TO THAT.

UM, OFF THE CUP, YOU'RE HAPPY TO FOLLOW UP WITH YOU.

DO A LITTLE BIT TO DIGGING AND MAYBE CHECK, YOU KNOW, DALLAS, SAN ANTONIO TO SEE WHAT, WHAT THEIR, UH, LOCAL HOT COLLECTIONS ARE.

I BELIEVE THE STATEWIDE AMOUNT'S THE SAME EVERYWHERE.

IT'S SIX, 6 CENTS.

YES.

BUT THE LOCAL AMOUNTS CAN VARY.

THE LOCAL AMOUNT WOULD BE THE QUESTION.

AND, AND I GUESS THAT WOULD CONSIDER, YOU KNOW, HOW WE LOOK AT WHETHER TO ADD MORE OR DO WE HAVE TOO MUCH ALREADY? THANK YOU.

CHAIR RECOGNIZED THIS COMMISSIONER CHEN.

SO, UM, THE OCCUPANCY TAX FROM THE, FROM THE STR, UNLIKE THE STATE, THE CITY IS COLLECTING THOSE DIRECTLY FROM THE OWNERS OF THE PROPERTIES WHEN THEY RENT 'EM OUT.

YES.

AND WHAT DOES THE CITY DO TO ENSURE IT'S GETTING EVERYBODY LICENSED AND COLLECTING THAT PORTION OF HIS TAX? YEAH, I'M GONNA LET DIANA TAKE THAT ONE.

UH, DIANA THOMAS, OUR CURRENT DEPUTY CHIEF FINANCIAL OFFICER, FORMER CONTROLLER.

AND, AND, UH, THE, THE LADY IN HER FORMER JOB

[00:55:01]

WAS RESPONSIBLE FOR COLLECTING THOSE TAXES.

, GOOD AFTERNOON.

UH, DIANA THOMAS, DEPUTY CHIEF FINANCIAL OFFICER.

SO OUR AUSTIN CODE DEPARTMENT WHO'S RESPONSIBLE FOR LICENSING AND COMPLIANCE, UM, WITH REGARD TO HAVING A SHORT TERM RENTAL LICENSE, ENFORCES THAT THAT COMPONENT AND THEY GO OUT AND LOOK FOR EITHER VIA COMPLAINT OR THEY'VE ALSO IN THE PAST, UH, CONTRACTED WITH A FIRM TO HELP US IDENTIFY, UM, PROPERTIES THAT ARE ADVERTISING AND, AND TRYING TO FIND THOSE.

WE ALSO, UM, ON THE FINANCIAL SERVICES SIDE, WE'RE RESPONSIBLE FOR COLLECTING THE HOTEL OCCUPANCY TAX PORTION OF THE PAYMENTS FROM THE SHORT TERM RENTALS.

AND SO WE ALSO LOOK FOR PEOPLE WHO ARE REPORTING TO THE STATE OF TEXAS.

IF WE CAN GATHER THAT INFORMATION, UM, FROM THE SIFT PROCESS THAT THEY MENTIONED EARLIER, IF WE CAN GATHER THAT INFORMATION AND GET DETAILED PROPERTY RECORDS, WE CAN GO BACK AND AND NOTIFY THEM, HEY, YOU'RE SUPPOSED TO ALSO BE REMITTING LOCAL OCCUPANCY TAX.

AND THERE IS CONFUSION BECAUSE THE STATE HAS CONTRACTS WITH AIRBNB AND V R B O HOMEAWAY, UM, THAT, THAT A LOT OF THE PROPERTY OWNERS DON'T REALIZE THAT THERE'S A LOCAL PORTION THAT THEY ALSO HAVE TO PAY.

RIGHT.

BUT WE ALSO DO COMMUNICATION, UH, TO MAKE SURE THAT WE CAN GET THAT INFORMATION OUT THERE TO LET, LET THOSE PROPERTY OWNERS KNOW THEY NEED TO REMIT TO THE CITY AS WELL.

SO IT SEEMED LIKE A MORE EFFICIENT WAY TO COLLECT THAT TAX TO MAKE SURE YOU'RE GETTING IT, WOULD BE TO COLLECT THEM FROM THE RESERVATION SITES.

UM, WHY DOES THE CITY NOT DO, YOU KNOW, NOT DO THAT? PART OF THE REASON THAT WE'VE LOOKED AT IT IS THAT, THAT A SINGLE PROPERTY CAN BE LISTED ON MANY SITES.

YOU CAN LIST ON AIRBNB, YOU CAN LIST ON HOMEAWAY, YOU CAN LIST ON CRAIGSLIST, YOU CAN DO PRIVATE RESERVATIONS.

AND ONE OF THE WAYS THAT THE CITY CAN CONFIRM THAT WE'RE COLLECTING THE MONEY IS TO AUDIT.

IF WE, IF WE DON'T GET THE DETAILED RECORDS OF WHICH PROPERTIES ARE PAYING AND WHICH PROPERTIES ARE NOT, WE DON'T HAVE A GOOD WAY OF AUDITING THOSE RECORDS TO DETERMINE IF WE'RE COLLECTING ALL THE TAX THAT WE SHOULD BE GETTING.

BUT AGAIN, IT SEEMS LIKE MOST PEOPLE WOULD MAKE THEIR RESERVATIONS THROUGH US, ONE OF THESE SYSTEMS AND THAT SYSTEM, YOU KNOW, THAT IS WHERE YOU PAY THEIR MONEY TO THAT, YOU KNOW, BE MORE EFFICIENT AND EASIER TO TRACK.

IF WE HAD AGREEMENTS WITH, WITH THOSE, WITH THOSE COMPANIES, UM, AND WE'VE HAD CONVERSATIONS OVER AS, PARTICULARLY SINCE THE STATE SIGNED OUR AGREEMENT, WE'VE HAD SEVERAL DIFFERENT CONVERSATIONS WITH THE, WITH THEM TO TALK ABOUT DOING THAT.

BUT AT THIS, AT THIS JUNCTURE, WE'VE NOT HAD ANY AGREEMENT ON THEIR PART TO GIVE US THE DETAILED DATA THAT WE WOULD NEED TO BE ABLE TO CONFIRM WHO'S REMITTING TAXES OR EVEN MAKE SURE THAT WE'RE GETTING THE CORRECT AMOUNT FROM, FROM THE RESERVATION SYSTEMS. IS THERE A, A SENSE THAT THE CITY'S GETTING UNDERPAYMENT FROM, YOU KNOW, SDRS? I I THINK THAT YES, WE HAVE A SENSE THAT, THAT THERE ARE MORE PEOPLE OPERATING SHORT-TERM RENTALS THAN HAVE SHORT-TERM RENTAL LICENSES THROUGH AUSTIN CODE OR WHO REMIT HOTEL OCCUPANCY TAXES, UM, TO THE CITY.

OKAY.

YEAH, THAT, THAT, THAT'S CHAIR LICENSE.

COMMISSIONER RONAN, I HAVE A SIMILAR QUESTION.

SO, UM, FIRST OFF I WANT TO JUST TO CALL OUT THE, UM, SHORT-TERM RENTERS OR RESIDENTIAL DWELLING UNITS OR ACCESSORY BUILDINGS RENTED ON A TEMPORARY BASIS FOR PERIODS OF LESS THAN 30 CONSECUTIVE DAYS.

SO ESSENTIALLY, UM, THIS WOULD MAKE SURE THAT ANY SHORT-TERM RENTAL WOULD ALWAYS PAY THE STATE HOT TAX.

IS THAT CORRECT? SO THE, THE 30 DAY EXEMPTION IS IN STATE LAW, IT APPLIES BOTH TO STATE HOTEL AND LOCAL HOTELS.

OKAY.

THE, THE REASON FOR LICENSING PURPOSES THAT WE LISTED IT THE WAY THAT WE DID IS WE DIDN'T WANT SOMEONE WHO, WHO HAD A HOME THAT THEY RENTED OUT AT 12 MONTHS AT A TIME OR TWO YEARS AT A TIME.

WE DIDN'T WANT IT TO BE PERCEIVED THAT THAT WOULD HAVE TO PAY HOTEL OCCUPANCY TAX CUZ THAT WAS NOT THE INTENT THAT'S CONSIDERED TO BE MORE OF A PERMANENT RESIDENT, IF YOU WILL.

SO WE WANTED TO MAKE SURE WE EXCLUDED THOSE PROPERTIES.

SO WE KIND OF FOLLOWED THE STATE HOTEL RULE OF IF YOU'RE GONNA STAY IN A HOTEL ROOM FOR MORE THAN 30 DAYS, YOU CAN BE EXEMPT FROM THAT HOTEL OCCUPANCY TAX PAYMENT.

OKAY.

AND THEN MY OTHER QUESTION WAS, DO YOU THINK THAT THERE ARE PEOPLE NOT MORE OR LESS PEOPLE PAYING THE, THE HOT TAX AT THE STATE LEVEL THAN IN THE LOCAL JURISDICTION? WHERE IS THERE A BIGGER GAP? CAUSE IF YOU'RE GOING OFF OF THE STATE DATA, YOU'RE PROBABLY ALREADY MISSING PEOPLE WHO ARE PAYING NEITHER.

I THINK THAT THERE ARE PROBABLY PEOPLE WHO ARE NOT PAYING EITHER ONE.

YEAH.

I THINK THERE ARE SOME PEOPLE WHO ARE, BECAUSE THEY'RE WORKING EXCLUSIVELY WITH AIRBNB OR HOMEAWAY, AND BECAUSE AIRBNB AND HOMEAWAY ARE ASSESSING THE STATE TAX, THE STATE IS GETTING THEIR FUNDING THROUGH

[01:00:01]

THOSE CONTRACTS.

BUT THERE ARE OTHER SITES, LIKE I MENTIONED, CRAIGSLIST, UM, THERE, THERE ARE MANY, MANY DIFFERENT SITES THAT YOU CAN GO TO AND, AND RESERVE, UH, YOU KNOW, A HOUSE FOR A NIGHT, UH, OR FOR A WEEKEND, UM, THAT ARE NOT AIRBNB OR HOMEAWAY.

SO IF YOU'RE USING ONE OF THOSE SITES, I DON'T KNOW IF THE STATE IS GETTING THEIR MONEY FROM THOSE OR NOT.

I, I'M NOT FAMILIAR WITH THAT.

WE'D HAVE TO, THE STATE WOULD'VE TO ANSWER THAT QUESTION.

AND IS THE ULTIMATE LIABILITY ON THE OWNER OF THE UNIT CORRECT.

TO PAY THE TAX? OKAY.

YES.

THANK YOU.

NOW, THE COMMIT CHAIR RECOGNIZES COMMISSIONER BAILEY.

I JUST WANTED TO, UH, ASK THE QUESTION ABOUT THE APPLICATION, HOW THE CITY IS LOOKING AT DETERMINING THE AMOUNT OF APPLICATIONS THAT ARE BEING OFFERED TO THE COMMUNITY.

AND I KNOW THAT THERE, I MEAN, IT'S A LONG ANSWER, SO I'M NOT ASKING FOR THE DETAILED DETAIL, BUT IT SEEMS TO ME THAT PART OF THE EQUATION OF FIGURING OUT WHAT THE POTENTIAL FOR THE HOT TAXE IS, IS ALWAYS GONNA BE CONSTRAINED BY THE PROCESS OF APP, HOW MANY APPLICATIONS AND WHAT CRITERIA THAT WE ARE OFFERING IN THIS COMMUNITY TO ALLOW PEOPLE TO OPT IN AND OR CONVERSELY TO JUST SHUT IT DOWN.

AND SO I'M JUST WONDERING IF YOU HAD A COMMENT ABOUT THE RELATIONSHIP BETWEEN THAT AND THE POTENTIAL FOR INCRE SEPARATE FROM COLLECTING, BUT CREATING MARKET OPPORTUNITY.

I GUESS I HATE TO USE THAT TERM IN A CIVIC SENSE, BUT EXPANDING THE POOL, IF YOU WILL.

AND THAT HAS BEEN, UM, A CONVERSATION THAT'S BEEN TAKEN UP BY COUNCIL ON SEVERAL DIFFERENT OCCASIONS ABOUT WHAT WE SHOULD BE DOING ON THE LICENSING SIDE, A SHORT-TERM RENTALS AND AUSTIN CODE IS IN A MUCH BETTER POSITION THAN I AM TO ADDRESS THAT QUESTION.

FAIR ENOUGH.

THANK YOU.

COMMISSIONER , IS THIS WORKING? UM, SO I GUESS THE QUESTION I HAVE, IT SOUNDS LIKE THIS AUDITING REQUIREMENT IS KIND OF GETTING IN THE WAY OF US GETTING ANYTHING.

WOULD IT BE MAYBE NOT A PERFECT SOLUTION, BUT JUST TO USE THE, THE NUMBERS THEY REPORT TO THE STATE? THAT'S A SIXTH CENTS.

WE KNOW WHAT THAT IS.

WE COULD FIGURE OUT, UH, WHAT WE SHOULD BE GETTING FROM AIRBNB AND THESE, THESE GROUPS, IF THEY'RE, IF THEY'VE GOT THE NUMBER THEY'RE REPORTING FROM AUSTIN TO THE STATE, IT MAY NOT BE PERFECT, BUT I JUST WONDER IF WE COULD GET SOMETHING GOING INSTEAD OF, WE'VE BEEN TALKING ABOUT THIS FOR YEARS AND, AND I'VE BEEN HEARING THE SAME STORY.

WE, WE DON'T KNOW THE DETAILS, SO WE CAN'T GET ANYTHING.

IT'S REALLY FRUSTRATING.

IS THERE, HAVE Y'ALL DISCUSSED, JUST TRYING TO RELY ON THE REPORTING THAT IS SUFFICIENT FOR THE STATE? AND I DON'T WANNA ADVOCATE FOR FOLLOWING THE STATE STANDARDS IN GENERAL, BUT IT, SO MY, MY GENERAL SENSE IS THAT, THAT THE REPORTING PROCESS THAT'S BEING USED IS NOT IDEAL.

UM, AND, AND I'LL GIVE YOU, UM, AN EXAMPLE NOT RELATED TO HOTEL OCCUPANCY TAX.

UM, AUSTIN'S, YOU KNOW, PHYSICAL BOUNDARIES, UM, CONTAIN MANY ADDRESSES THAT HAVE AN ADDRESS THAT'S NOT THE CITY OF AUSTIN.

UM, FOR EXAMPLE, THERE'S AN AREA, UM, IN NORTH AUSTIN WHERE LAKE LINE MALL RESIDES.

THAT'S A CITY, A CITY HAS A CEDAR PARK ADDRESS, BUT IT'S ACTUALLY PHYSICALLY IN THE CITY OF AUSTIN.

SO IF, IF THE DATA THAT'S BEING COLLECTED BY THE STATE, IT'S BEING USED AND COLLECTED BY ADDRESS VERSUS PHYSICAL LOCATION, THAT WOULD BE REPORTED TO THE CITY OF CEDAR PARKS REVENUE.

AND IT WOULD NOT BE REPORTED TO THE CEDAR OF AUSTIN REVENUE.

BUT THAT'S WHERE THAT HOTEL OCCUPANCY TAX SHOULD COME.

SO IF WE WERE TO, JUST TO COMPARE TO WHAT THE STATE IS GETTING, WE WOULD, WE STILL WOULD NOT HAVE A GOOD IDEA IF WE'RE GETTING ALL OF THE REVENUE THAT WE SHOULD BE GETTING WITHOUT GETTING INTO THE PROPERTY LEVEL DETAIL.

IN ADDITION, THERE ARE PROPERTIES WHO HAVE AN AUSTIN ADDRESS THAT ARE NOT IN THE CITY OF AUSTIN, THAT WOULD NOT OWE THE HOTEL OCCUPANCY TAX TO THE CITY OF AUSTIN BECAUSE THEY DON'T RESIDE THERE.

UM, THEY'RE NOT IN OUR CITY LIMITS.

AND SO, AGAIN, BY COMPARING THAT, IF WE'RE USING DATA THAT'S BASED ON THE PHYSICAL STREET ADDRESS OF THE PROPERTY, WE WOULD NOT KNOW HOW THEY WERE DOING THAT.

AND WE DON'T REALLY KNOW HOW AIRBNB, WE, THE CITY, DO NOT KNOW HOW AIRBNB IS SUMMARIZING THE DATA THAT THEY'RE PROVIDING TO THE STATE TO KNOW HOW COMPARABLE IT WOULD BE, UH, TO WHAT WE ARE DOING.

ANY OTHER QUESTIONS? CHAIR RECOGNIZES COMMISSION A BUNCH.

UM, THIS IS PROBABLY A QUESTION FOR MR. MENDOZA.

KUDOS, BUT MAYBE NOT, MAYBE Y'ALL KNOW TOO.

UM, WHAT, WHERE DOES THE SIXTH SENSE THAT GOES TO THE STATE, WHAT, WHAT DOES THAT GO TO ACTUALLY? HOW'S THAT SPENT? AND I GUESS THE SUB PART OF THAT QUESTION WOULD BE, IS PART OF THAT COMING BACK TO AUSTIN OR AUSTIN ENTITIES IN SOME SET FORMULA? SO YEAH, THE STATE PORTION IS GENERAL REVENUE FOR THE STATE, UH, BUDGET.

UH, IT'S NOT, IT'S

[01:05:01]

SPENT THAT WAY.

SO IT JUST SORT OF DISAPPEARS INTO THE WHOLE BUDGET.

WELL, I MEAN, YEAH.

IT GOES INTO THE GENERAL REVENUE, YEAH.

UH, FUND.

OKAY.

ANY OTHER QUESTIONS? UM, I HAVE A QUESTION.

UH, YES.

NO, FOR YOU.

THANK YOU.

.

GOING BACK TO THE RESERVATION SITES THAT COMMISSIONER CHANIN WAS TALKING ABOUT, AND I, I TAKE YOUR POINT THAT, UM, A PROPERTY OWNER CAN ADVERTISE THEIR PROPERTY ON MULTIPLE SITES.

UM, I'VE, I'VE SEEN THAT AS SHOPPING FOR PLACES TO SAY MYSELF OR YOU SEE IT ON AIRBNB AND THEN IT'S SAME PLACES ON BOOKING.COM.

SO, BUT ULTIMATELY WHEN YOU BOOK YOUR STAY, YOU ARE, YOU HAVE TO RESERVE THROUGH ONE OF THOSE.

UM, SO WOULD IT REQUIRE OR COULD, IS IT, IS THERE POTENTIAL FOR LICENSING THE RESERVATION, THESE COMPANIES THAT, THAT CREATE RESERVATION SITES THAT IF THEY HAD TO HAVE SOME KIND OF LICENSE TO OPERATE AND THEIR LICENSE DEPENDED ON THEM COLLECTING THE TAX ACCURATELY, IS THAT A POSSIBLE I WOULD DEFER TO OUR LEGAL STAFF TO ANSWER THAT QUESTION, BECAUSE I DON'T KNOW ENOUGH ABOUT STATE LAW AS TO WHETHER OR NOT WE COULD THAT WOULD BE ENFORCEABLE, UHHUH .

AND, AND IT CERTAINLY, I DON'T THINK WOULD BE SOMETHING THAT WE WOULD WANNA UNDERTAKE AS, AS AN INDIVIDUAL CITY.

IT, TO ME, IT WOULD MAKE MORE SENSE IF THAT WAS A STATE RULE.

ABSOLUTELY.

THAT IF YOU'RE GOING TO OPERATE IN THE STATE OF TEXAS, YOU HAVE TO BE LICENSED TO AS A RESERVATION SYSTEM TO OPERATE HERE.

YEAH, ABSOLUTELY.

I MEAN, IT JUST SEEMS LIKE THEY ARE OUT THERE ADVERTISING, SO THEY'RE NOT HARD TO FIND AND THEY'RE GOING TO, WHICHEVER ONES LANDED THE RESERVATION.

YOU KNOW, AGAIN, IF THE LICENSING WAS, YOU HAVE TO HAVE TRANSPARENCY, YOU KNOW, WE LANDED THE RESERVATION, SO THIS IS HOW MANY RESERVATIONS WE GOT AND WHAT WE COLLECTED.

I JUST WONDER IF, I KNOW THIS IS BEYOND ANY OF US IN THE ROOM, BUT IT'S KINDA LIKE, I AGREE WITH YOU, IT'S VERY FRUSTRATING.

UM, PEOPLE CAN OPERATE UNDER THE RADAR TO EASILY, UM, TO THE DETRIMENT OF THE COMMUNITY, ESSENTIALLY.

CUZ A LOT OF THIS MONEY GOES TO OTHER THINGS IN THE COMMUNITY THAT WE, WE VALUE.

UM, AND IT JUST MAKES ME WONDER IF THE RESERVATION SITES, WHICH ARE USED BY EVERYONE THAT'S, YOU KNOW, LOOKING FOR ACCOMMODATION, WHETHER IT BE THE HILTON HOTEL OR, YOU KNOW, THE AIRBNB DOWN THE ROAD IN THE NEIGHBORHOOD.

ANY OTHER QUESTIONS FROM COMMISSIONERS? ALL RIGHT, THANK YOU VERY MUCH.

YES.

UM, ALL RIGHT, WELL, THE NEXT ITEM ON

[5. Discussion and possible action on city clerk’s office responses regarding commission board bylaws]

THE AGENDA IS OUR CITY CLERK'S RESPONSE, WHICH COMMISSIONER RONAN HAS.

UM, I JUST WANTED TO SAY THANK YOU ONCE AGAIN TO ALL THE PRESENTERS, EVERYONE THAT JOINED US TODAY, REALLY APPRECIATE YOUR TIME AND YOUR PRESENTATIONS.

YOU'RE VERY HELPFUL.

AND, UH, THANK YOU.

PLEASURE.

THANK YOU.

THANK YOU.

THANK YOU.

ALL RIGHT, COMMISSIONER RONAN, UH, THERE IS A PRINTOUT BEFORE US.

WOULD YOU LIKE TO SPEAK ON THIS? SURE.

UH, SO THANKS ALL FOR YOUR PATIENCE.

AS I PUT TOGETHER THIS LETTER THAT, UH, I BELIEVE ORIGINALLY CAME UP IN NOVEMBER, NO, ACTUALLY IT MIGHT HAVE BEEN OCTOBER OF 2022.

UM, THIS WAS, I THINK, IN RESPONSE TO SOME LACK OF INFORMATION THAT, UH, WE, I BELIEVE WE EXPERIENCED IN REGARDS TO TRYING TO GET A HANDLE ON, UH, ONE, HOW TO CONDUCT BUSINESS, UM, IN A FASHION THAT WOULD ALLOW US TO MAKE QUORUM AND ALSO TO ALLOW FOR US TO KNOW WHETHER CERTAIN MEMBERS OF THE COMMISSION WHO HAD OUTSTANDING ABSENCES WERE IN FACT STILL ON THE COMMISSION, WHETHER THEIR ABSENCES WERE BEING FORGIVEN.

UM, AND IF SO, UM, YOU KNOW, WHAT, WHAT THAT STATUS WAS.

UM, YOU KNOW, AS SOMEONE WHO CAME IN INTO THIS BODY, PROBABLY LAST, GOSH, LATE, LATE SUMMER, EARLY FALL, UM, YOU KNOW, I, I THINK MY FIRST MEETING, MY PRESENCE ACTUALLY ALLOWED US TO MAKE QUORUM.

SO I, I'M REALLY HOPING THAT IN, UH, THIS CONVERSATION AROUND SUNSET AND COMMISSIONS THAT WE'RE ALSO TALKING ABOUT HOW TO MAKE EXISTING COMMISSIONS WORK MORE EFFICIENTLY, UM, FOR NOT ONLY TO GO TO OUR COMMISSION, BUT FOR THE, FOR THE OTHER BOARDS AND COMMISSIONS ACROSS THE CITY, WHICH I KNOW HAS BEEN A FRUSTRATION FOR, UM, CITY COUNCIL MEMBERS IN TERMS OF APPOINTING, UM, COMMISSIONERS, UH, AS WELL AS BOARD MEMBERS TO THESE BOARDS AND COMMISSIONS.

IT'S NOT EASY TO FIND PEOPLE WHO CAN MEET IN THE MIDDLE OF THE DAY, WHO ARE COMMITTED, WHO KNOW ABOUT THESE TOPICS

[01:10:01]

ON THESE VARIOUS BOARDS AND COMMISSIONS.

AND WITH THIS LETTER, YOU KNOW, I, I REALLY WOULD LIKE TO STRIKE, UH, A TONE WITH THIS NEW COUNCIL THAT, YOU KNOW, WE'RE LOOKING TO HAVE A GOOD WORKING RELATIONSHIP WITH THE CLERK'S OFFICE AND WITH STRESS THAT WE THINK THAT THERE'S PERHAPS MORE COMMUNICATION THAT NEEDS TO HAPPEN IN ORDER FOR US TO, UH, REALLY, UH, MOVE FORWARD TOGETHER IN DOING THE GREAT WORK THAT COMMISSIONS DO FOR THE CITY OF AUSTIN AS A REFLECTION OF OUR BROADER CITY AND CIVIC VALUES.

SO, WITH THAT, UH, I DON'T KNOW IF WE WANT TO GO LINE BY LINE.

I, I KNOW SOME FOLKS HAVE PROBABLY MARKED UP THIS LETTER, UH, WHICH I WROTE, UM, REALLY WITH THE CONCERNS THAT WE HAD DISCUSSED PREVIOUSLY IN THIS BODY ACROSS SEVERAL MONTHS.

AND I TRIED TO BE, UM, THE MOST, UM, IMPARTIAL, UH, AS I COULD IN TERMS OF, YOU KNOW, STATING THE, UH, OBSERVED DISCREPANCY AS, AS I SAW IT, AND AS I HEARD OTHER PEOPLE SAW IT.

UH, AND THEN ALSO, YOU KNOW, AS AN ACTION ORIENTED, UM, UH, LETTER TO, TO MAKE SURE THAT THERE'S ACTUALLY SOME FOLLOW UP HERE WITH A POTENTIAL RECOMMENDATION THAT COULD IMPROVE THE CURRENT SITUATION, STATUS QUO OF, UM, COMMUNICATIONS WITH THE CLERK.

I ACKNOWLEDGE THAT THE CLERK'S OFFICE HAS RESPONDED TO US IN THE PAST, BUT I, I DO THINK THAT THE, THE COMMUNICATION CAN, CAN BE A LITTLE, PERHAPS DISJOINTED GOING THROUGH A SECONDARY STAFFER AND THEN COMING TO US.

SO I JUST REALLY WANNA MAKE SURE THAT THERE'S, UH, AN ABILITY FOR ALL OF US TO FEEL THAT ONE, THAT I THINK OUR CONCERNS ARE BEING HEARD, UH, AT CITY COUNCIL.

SO WE'RE ABLE TO FULFILL OUR MANDATE AS COMMISSION, BUT ALSO THAT WE FEEL CONFIDENT IN, UH, YOU KNOW, REALLY VOLUNTEERING OUR TIME EVERY MONTH, UH, TO THESE COMMISSIONS IN ENSURING THAT THESE COMMISSIONS WORK AS EFFECTIVELY AS POSSIBLE.

SO WITH THAT, I, I DON'T KNOW, UM, CHAIR MCGEE, WHETHER YOU'D LIKE TO OPEN THE FLOOR TO QUESTIONS, BUT I'M HAPPY TO ENTERTAIN ANY QUESTIONS, SUGGESTIONS, UM, CHANGES TO THE PO POSSIBLE TEXT, UM, THAT, THAT FOLKS WOULD LIKE TO PLACE ON THE TABLE FOR CONSIDERATION.

SURE.

DOES ANYONE HAVE ANY COMMENTS OR QUESTIONS? UH, I, OH, NO.

GOOD.

JUST A COMMENT THAT I, I THOUGHT I READ IN, UM, UM, THROUGH AN EMAIL THAT WAS IN OUR, UH, OUR EMAIL OR CITY EMAIL SYSTEM, SIT THERE, AND THERE MIGHT HAVE EVEN BEEN A PUBLIC, UM, ANNOUNCEMENT ABOUT CON THAT THERE IS SOME CHAOS, I GUESS YOU'D SAY, IN TERM LIMITS ACROSS ALL COMMISSIONS THAT ISN'T AS SPECIAL TO THIS, RIGHT.

THIS COMMISSION, BUT THEY'RE TACKLING THAT SUBJECT RIGHT NOW.

SO ALL I THINK THAT THIS IS DOING IS ILLUSTRATING, CONFIRMING FROM OUR STANDPOINT, YEAH, THAT IT, IT TOUCHES THIS, THIS COMMISSION.

BUT I THINK THAT THERE, THERE'S AN AWARENESS THAT THERE'S ACROSS THE BOARD ISSUES THAT NEED TO BE, AND THAT, THAT I ASSUME THAT I READ, THAT THEY'RE GOING TO BE ADDRESSING THAT.

AND THIS, I THINK, IS VALUABLE TO DOCUMENT OUR NEEDS.

JUST COMMENT.

THANK YOU.

AND YOU'LL NOTE AT THE BOTTOM OF THIS DRAFT LETTER, UM, IT DOES CC THE CITY COUNCIL, CITY COUNCIL MEMBERS, AND ALL CHAIRS OF ACCIDENT BOARDS AND COMMISSIONS ACTIVE IN AUSTIN.

SO, YOU KNOW, JUST NOT FIRING THIS OFF INTO AN ECHO CHAMBER, BUT MAKING SURE THAT WE'RE PART OF A BROADER CONVERSATION ON, UH, MEANINGFUL REFORM CHAIR RECOGNIZES COMMISSIONER SMITH.

YEAH, I, I WAS JUST GONNA SAY, I THOUGHT IT WAS WELL DONE, AND I AGREE.

I, I READ THAT ALSO ABOUT IT BEING ACROSS THE BOARD.

SO IT, I THINK THIS GIVES THEM A LITTLE BIT MORE OF A BLUEPRINT COMPARED TO WHAT I READ THERE.

WHAT I READ WAS A LITTLE GENERALIZED MM-HMM.

.

BUT I THINK THIS IS GOOD FOR BLUEPRINT FOR SOME OF THE OTHER COMMISSIONS AS WELL.

SO I THOUGHT IT DID A GOOD JOB.

CHAIR RECOGNIZES COMMISSIONER CANDI.

UM, I, I'VE GOT SOME CONCERNS ABOUT THIS.

I MENTIONED EARLIER, JUST GOING BROADLY TO SPEAK ABOUT EVERYTHING THAT THE OTHER BOARDS OF COMMISSION'S, PROCEDURES, THIS MIGHT BE A LITTLE BIT BEYOND OUR SCOPE, BUT PUTTING THAT ASIDE, I ALSO THINK THERE'S, I HAVE SOME CONCERNS ABOUT SOME OF THE, THE FACTS IN HERE THAT ARE STATED.

UM, OUR OPENING SENTENCES TALKS ABOUT OUR ABILITY TO MANAGE THE EXPECTATIONS OF CITY COUNCIL, WHICH FRANKLY, I DON'T THINK THAT'S OUR, OUR JOB.

UM, WE DO HAVE A MANDATE, AND YOU'VE CORRECTLY QUOTED IT THERE, UM, THE, THE LACK NUMBER, PARAGRAPH NUMBER ONE TALKS ABOUT LACK OF CLARITY AND CONSISTENCY.

AND I, YOU KNOW, I THINK IT'S PRETTY CLEAR WHEN YOU READ THE CITY CODE, UH, WHAT, TO ME, IT'S CLEAR WHAT HAPPENS IF YOU AUTOMATICALLY, YOU'RE AUTOMATICALLY VACATED IF YOU MISS THREE CONSECUTIVE REGULAR BOARD MEETINGS.

I THINK PART OF THE CHALLENGE MAY BE THAT THE, MAYBE IT'S STAFF OR CITY CLERK IS TRYING TO, AND WE ACTUALLY PROBABLY SHOULD ASKED STAFF FOR SOME RESPONSE.

MAYBE THEY'RE NOT COUNTING MEETINGS WHERE QUORUM IS NOT MET AGAINST THE RUNNING TOTAL.

[01:15:01]

UM, BUT TO ME, THE, THE CITY CODE IS QUITE CLEAR, IS AUTOMATICALLY VACATED, UH, WHEN THESE THINGS ARE MET.

UM, IT, THIS, THIS LETTER MAKES IT SOUND LIKE THE COUNCIL MEMBER HAS TO FORGIVE AN ABSENCE, WHICH I DON'T, I'M NOT REALLY SURE THAT'S CORRECT FROM READING THE CITY CODE.

UM, PARAGRAPH TWO, THERE'S A WHOLE ITALICIZED PART AT THE END THAT I, I, I WOULD REQUEST WE TRY TO CORRECT YOU.

YOU, THERE'S A LOT OF STATEMENTS IN HERE ABOUT, UM, INFORMATION IN ADDITION INFORMATION REGARDING THE TOTAL NUMBER OF COMMISSIONERS UP FOR REAPPOINTMENT, THE EFFECT OF THE INFORMATION OF TEN ONE IN THE TERMS WOULD PROVIDE MORE CLARITY.

AND I WOULD SUBMIT ALL OF THAT IS ON OUR WEBSITE.

WE HAVE A, OUR WEBSITE LISTS THE COMMISSIONERS AND THEIR TERMS AND HOW LONG THEY'VE BEEN IN AND WHO APPOINTS THEM.

I MEAN, IT'S ALL THERE.

I THINK WE ALL KNOW THAT, UM, I MEAN, I'M NOT SURE WHAT, YOU KNOW, ANOTHER REQUEST HERE, MORE DETAILED INFORMATION ABOUT HOW TO REAPPLY COUPLED WITH EXPECTATIONS AS TO A TIMELINE FOR REAPPOINTMENT, INCLUDING, WE'RE, WE'RE, WE WE'RE INSTRUCTING THE COUNCIL MEMBERS THE NEED TO APPOINT NEW MEMBERS.

I THINK THEY, HONESTLY, THEY HAVE TO KNOW THAT.

I MEAN, I DON'T KNOW.

I'M, I, I ALSO, PARAGRAPH NUMBER THREE, I, I SHARE THE FRUSTRATION ABOUT OUR EMAIL COMMUNICATION SETUP, BUT I, YOU KNOW, WHEN WE WENT THROUGH TRAINING, WE, WE HEARD, AT LEAST THE EXPLANATION WAS THAT THE OPEN RECORDS ACT AND THE FREEDOM OF INFORMATION ACT REQUIRE THAT ALL OF OUR COMMUNICATIONS BE COLLECTED IN A COMMON WAY.

UM, I LIKE THE IDEA OF MAYBE HAVING AN AUTOMATIC FORWARDING NOTICE THAT WHEN AN EMAIL COMES IN, IT GOES TO MY PRIVATE EMAIL, THAT'D BE GOOD.

MM-HMM.

.

UM, BUT, UH, AND THE LAST THING IN PARAGRAPH FOUR, I, I WENT BACK AND LOOKED AT OUR INITIAL EMAIL I GOT WHEN I JOINED THE BOARD, AND THE PROCEDURE OUTLINED WAS, THERE'S IN-PERSON TRAINING WE HAVE TO GO THROUGH AND WE HAVE TO SIGN SOME PAPERWORK, AND THEN YOU CAN SERVE ON THE BOARD.

THEN YOU HAVE 90 DAYS TO GO THROUGH ONLINE TRAINING AND GET THAT DONE.

AND THAT'S, THAT'S ALWAYS BEEN MY UNDERSTANDING.

THIS, THIS DOESN'T SEEM TO SEPARATELY UN TREAT IN-PERSON TRAINING VERSUS ONLINE TRAINING.

AND I THOUGHT WE'D AT LEAST CLARIFY OUR REQUEST FOR CLARITY HERE.

UM, THAT WOULD BE MY SUGGESTION.

BUT YEAH.

AND THANK YOU COMMISSIONER KANI FOR YOUR SEVERAL SUGGESTIONS.

I THINK, I THINK YOU'RE RIGHT.

I THINK THE STATUTE, OR RATHER THE CITY CODE IS VERY CLEAR ABOUT HOW COMMISSION SHOULD WORK.

IT'S JUST NOT HAPPENING.

IT'S NOT WORKING IN PRACTICE.

AND SO I THINK THAT'S PART OF THE, THE ISSUES THAT THIS LETTER SEEKS TO RAISE.

UM, AND I WOULD AGREE WITH YOU THAT, YOU KNOW, RENEWAL OF TERMS IS ALL SPELLED OUT ON OUR WEBSITE, BUT, YOU KNOW, IF YOU'RE WANTING MORE PEOPLE TO BE INVOLVED IN COMMISSIONS, YOU KNOW, I'M A NEW COMMISSIONER.

THIS IS ME COMING IN.

IT'S LIKE, YOU KNOW, IT'S FRUSTRATING TO ME WHEN WE'RE HEARING IT AFTER THE FACT WHY WE COULDN'T GET CORA.

I'M IN A MEETING, YOU KNOW, WHOSE ABSENCE IS BEING FORGIVEN.

YOU KNOW, LIKE, I'M NOT SURE.

AND, AND THAT'S PART OF, I THINK, THE FRUSTRATION THAT, UM, I HAVE PERSONALLY VOICED IN SERVING ON THIS, UM, COMMISSION.

BUT, UH, YOU KNOW, I AM WILLING TO, YOU KNOW, WORK WITH YOU TO EDIT THIS IN A WAY THAT YOU SEE FIT.

I JUST, THE INTENTION OF THE ITALICS IS ACTUALLY THE, TO CALL OUT THE RECOMMENDATION, UM, FOR EACH OF THESE, UH, OBSERVED DISCREPANCIES AS I'VE CALLED THEM.

IF YOU HAVE OTHER LANGUAGE THAT YOU WOULD LIKE TO SUGGEST, PLEASE LET ME KNOW.

UM, YOU KNOW, I, I COMPLETELY AGREE WITH YOU THAT IT'S, IT'S VERY CORRECT FOR, FOR FOLKS THAT WORK FOR THE CITY OF AUSTIN .

AND I THINK WHAT'S REALLY IMPORTANT HERE IS THAT, UM, IF THE CITY OF AUSTIN IS LOOKING TO ENGAGE MORE PEOPLE IN BOARD AND COMMISSION SERVICE, THAT THE EXPECTATIONS FOR THEIR ATTENDANCE AND THE WAYS THAT THEY'RE COMMUNICATED, UH, WITH OUR MORE CLEAR, AND, UM, YOU KNOW, FORGIVE ME IF THIS IS VERY TECHNICAL AND IF AT TIMES, UM, UH, AS IT SOUNDS TO ME THAT IN YOUR VIEW THAT THESE WERE, WERE STRESSING THINGS THAT MAYBE BE ALREADY CLEAR TO A CITY COUNCIL MEMBER.

UM, I, I THINK THERE ARE OTHER COMMISSIONS THAT ACTUALLY SHARE THIS CONCERN.

SO IT'S NOT SO MUCH TELLING WHAT COUNCIL TO DO SO MUCH AS IT'S, UH, TRYING TO OUTLINE IN A PRODUCTIVE WAY HOW WE CAN MOVE FORWARD BY MAKING THE EXISTING SYSTEM WORK AS IT SHOULD.

UM, CUZ CURRENTLY I THINK WE CAN ALL AGREE IT'S NOT WORKING AT ITS OPTIMAL IN AN OPTIMAL WAY.

SO WITH THAT, I'M NOT SURE HOW WE PROCEED.

IT SOUNDS LIKE I CAN EVEN SEE YOUR RED INK ALL THE WAY OVER HERE.

CHAIR.

NICE.

IS COMMISSIONER REEDY? HEY, CAN YOU GUYS HEAR ME? AM I, AM I COMING THROUGH YOU

[01:20:01]

PLEASE? CAN YOU HEAR US? WE CAN HEAR YOU.

OKAY.

I WAS, IT DID CUT OUT FOR A SECOND, SO IF YOU CAN HEAR ME.

I WANTED TO, UM, ACKNOWLEDGE SOME OF THE CONCERNS DANIEL HAS, UH, COMMISSIONER RONAN HAS IN THAT ONE, THE WEBSITE I WAS TOLD RECENTLY, BECAUSE I OBSERVED WRONG TERM, NO WRONG TERMS, LISTED ON ANOTHER COMMISSION SITE.

AND I REACHED OUT TO MS. HALL AT THE CITY CLERK'S OFFICE, AND SHE SAID THAT INDEED THE CITY'S WEBSITE DOESN'T, UH, KEEP TRACK OF COMMISSIONER'S TERMS EXCEPT AS THEY ALIGN WITH THEIR COUNCIL MEMBERS.

SO WHAT THAT MEANS IS, IF A COMMISSIONER'S TERM IS LIMITED TO EIGHT YEARS, BUT IT'S NOT ALIGNED WITH THEIR COUNCIL MEMBER'S TERM BECAUSE THEY STARTED PERHAPS BEFORE THEIR CURRENT COUNCIL MEMBER, UH, ONE ELECTION, THEN THAT TERM IS INCORRECT ON THE CITY'S WEBSITE.

DID THAT MAKE SENSE? WHAT I DID I EXPLAIN IT WELL, ? YES, YOU DID.

OKAY.

HAVE A LAG HERE.

I APOLOGIZE.

NO, NO WORRIES.

UH, THANK YOU COMMISSIONER REEDY.

I I WOULD ALSO ADD THAT, YOU KNOW, THERE'S I THINK A LITTLE BIT OF CONFUSION AROUND ALL OF THIS AND, AND IT, IT'S NOT SO MUCH CALLING OUT THE FACT THAT, OH, YOU KNOW, CITY COUNCIL, IT'S ALL A MESS.

I THINK WE JUST NEED MORE COMMUNICATION AND MORE CLARITY ABOUT WHAT THE RULES ARE.

UM, YOU KNOW, WHAT ARE THE TERM LIMITS? OH, I, I DON'T KNOW IF I SHARE THIS SAME, UM, EMAIL THAT I RECEIVED, I THINK IT WAS THE END OF DECEMBER, THANKING ME FOR MY SERVICE.

IT WAS VERY MUCH LIKE, OKAY, AM I NOT ON THE COMMISSION ANYMORE? SHOULD I SHOW UP IN JANUARY? UH, YOU KNOW, IT SHOWED US A WAY TO, TO APPLY, REAPPLY FOR, YOU KNOW, BEING, UM, REMAINING ON A COMMISSION.

BUT I, I JUST THOUGHT THAT IT, UH, REALLY LEFT ME IN A LURK, HAVING ONLY SERVED ON THIS COMMISSION FOR FOUR MONTHS.

UM, AND I WOULD HOPE THAT THE CITY, UH, COULD FIND A WAY TO, UM, TO HAVE COMMUNICATIONS THAT, THAT VALUE THE, THE VOLUNTEER WORK THAT FOLKS ARE DOING, THAT WE DON'T JUST FEEL DROPPED OFF AT THE END OF THE YEAR OR AT THE END OF, UH, ONE'S COMMISSIONER'S TERM OR COUNCIL MEMBER'S TERM.

EXCUSE ME.

UH, SO, YOU KNOW, I'M, I'M WILLING TO ENTERTAIN, YOU KNOW, MORE CONVERSATION OR, YOU KNOW, IF FOLKS HAVE SPECIFIC, UH, PHRASES OR SENTENCE SENTENCES THAT WE WOULD LIKE REVISED.

I UNDERSTAND WE HAVE 25 MINUTES LEFT IN THIS MEETING.

UH, I WANNA BE AWARE OF THE TIME, BUT, UM, I DON'T KNOW IF COMMISSIONER MCGEE, YOU HAVE ANY RECOMMENDATIONS? I WANNA RECOGNIZE, UH, COMMISSIONER MEDIA AGAIN, AS HE'S HAS HIS HAND RAISED.

OF COURSE.

I, I, I'D WANNA TELL Y'ALL THAT I HAVE TO LEAVE IN 10 MINUTES TO DO MY CHILDCARE THING THAT OCCASIONALLY HAPPENS ON WEDNESDAYS.

MM-HMM.

.

UM, AND THEN SECONDLY, I WANTED TO ALSO SAY, UH, ON THIS TOPIC THAT IN OBSERVING OTHER COMMISSIONS THAT I REGULARLY WATCH, UM, THERE HAVE BEEN MEMBERS WHO DISAPPEARED FOR MONTHS AT A TIME AND JUST SHOW BACK UP AND NO ACTION WAS TAKEN.

OR, I MEAN, THEY, THEY SHOULD HAVE BEEN REMOVED, UH, AUTOMATICALLY.

AND YET THEY COME BACK AND NOBODY SAYS ANYTHING, INCLUDING THE CITY STAFF THAT'S, UH, STAFFING THAT COMMISSION.

SO I DO THINK THERE NEEDS TO BE MORE CLARITY AND ENFORCEMENT FOR NOHOW.

I THINK ON THAT POINT, THE CON FOR ME, IT SEEMS THE CONFUSION IS WHO ENFORCES THAT? LIKE, YEAH, IT SAYS THREE STRIKES THROUGHOUT, BUT HOW'S IT ENFORCED? AND THAT, THAT'S NOT, THAT'S ALSO HAPPENED ON OUR COMMISSION.

SO, UM, I, I DON'T WANNA POKE A BEAR, BUT COMMISSIONER BUNCH, YOU WERE GONE FOR QUITE SOME TIME SEVERAL YEARS AGO.

UM, MORE THAN THREE MEETINGS.

WHAT WAS, WHAT, DID YOU GET ANY COM ANY COMMUNICATION FROM THE CITY? DID ANYONE SPEAK TO YOU ABOUT, HEY, YOU'VE BEEN GONE MORE THAN THREE TIMES WAS YOU WERE GONE AND THEN YOU CAME BACK? SO, I'M NOT SURE EXACTLY WHEN YOU'RE THINKING OF, BUT OH, PRIOR, I DO KNOW THERE WAS A STRETCH THAT I MISSED SEVERAL.

YEAH, YEAH.

BECAUSE WE WERE WONDERING IF YOU WERE GONNA BE CONTINUING ON THE COMMISSION OR NOT, AND YOU WERE GONE WAY LONGER THAN THREE STRIKES, AND THEN YOU CAME BACK.

AND SO IT'S LIKE, WHO'S, WHO'S ENFORCING, WHERE'S THE COMMUNICATION? WHAT, WHO'S SUPPOSED TO BE DOING? IS IT, IS IT US? IS IT CITY? IS IT THE CLERK? WHAT'S IT HAPPENED TO ME THOUGH? I CAN TELL YOU.

GO AHEAD.

IT HA I, I, IT HAPPENED TO ME.

I, I GOT AN OUTREACH FROM, UM, MY REPRE DISTRICT, THREE REPRESENTATIVE'S, OFFICE, OFFICE STAFF, AND SAID, HEY, WE'VE BEEN NOTIFIED BY THE CLERK'S OFFICE THAT YOU'VE MISSED WHAT IT WAS, TWO OR THREE MEETINGS.

AND, YOU KNOW, THERE'S, THEY WERE BASICALLY READY TO, THEY WERE HIGHLIGHTING IT TO MY COUNCIL MEMBER.

AND I THINK THAT THAT'S THE CRUX OF THE PIECE OF THIS THAT'S NOT CLEAR, IS THAT THERE IS SOME ROOM FOR THE COUNCIL MEMBER'S OFFICE.

SO THEY CHECKED IN WITH ME, SAID, COULD YOU PLEASE EXPLAIN, I EXPLAINED THE SITUATION.

I THINK IT MIGHT HAVE BEEN A C L FEST, OR IT WAS A BIRTHDAY FOR MY DAUGHTER.

SOMETHING HAPPENED.

AND I GAVE THEM, AND I SAID, THESE ARE THE REASONS WHY MM-HMM.

, I DON'T REMEMBER MISSING THE

[01:25:01]

THIRD ONE OR WHATEVER, BUT I THINK IT WAS CANCELED DUE TO LACK OF QUORUM.

I TOLD THEM, I THINK THAT MEETING DIDN'T COUNT.

SHOULDN'T HAVE.

ANYWAY, THEY TALKED, SHE WENT BACK AND TALKED AND IT, IT JUST CONTINUED ON.

SO, BUT I THINK WHAT I'VE SEEN IS THAT THERE'S A VAST DIFFERENCE BETWEEN THE AMOUNT OF INTERACTION BETWEEN SOME COUNCIL MEMBERS AND THEIR COMMISSION APPOINTEES.

YEAH.

AND I THINK A BIG CHUNK, I THINK THAT THE SYSTEM IS SET UP TO DEFER TO THE COUNCIL PERSON TO, OF HOW WOULD YOU LIKE TO HANDLE THIS? AND IT'S NOT THE CITY CLERK'S OFFICE OVERRIDING THAT APPOINTMENT RELATIONSHIP AND THAT TRUST.

I THINK THAT THERE'S A, A PIECE IN THE MIDDLE THERE THAT IS LOST IN THE, EVERYTHING BEING ACCURATELY LAID OUT, EXCEPT THAT THE COMMISSIONER THAT APPOINTED YOU HAS A ROLE TO PLAY IN SAYING YES OR NO, PLEASE DON'T.

AND THERE'S A PROCESS TO SATISFY THAT.

I, I THINK, YOUR HONOR, SOMETHING THERE, BECAUSE I RECALL WE HAVE ALWAYS HAD AN, MAYBE NOT SO MUCH SINCE WE'VE BEEN, SINCE THE PANDEMIC AND WITH VIRTUAL AND, AND HYBRID MEETINGS, BUT PRIOR TO THE PANDEMIC, WE ALWAYS HAD VERY ACCURATE RECORDS ON ATTENDANCE.

AND I REMEMBER THERE EVEN BEING, UH, WHEN WE DIDN'T MAKE QUORUM, THAT WAS NOT UNEXCUSED ABSENCE.

WE WERE ALL COUNTED AS ABSENT, EVEN IF YOU SHOWED UP AND WE DIDN'T MAKE QUORUM.

AND I REMEMBER THINKING, WELL, I DON'T WANT THAT TO COUNT AS AN ABSENCE.

I SHOWED UP, YOU KNOW, .

RIGHT.

SO WE ALWAYS HAD LIKE REALLY GOOD RECORDS AND YEAH, IT DOES SEEM LIKE IF WE'RE DOING, IF WE'RE DOING THE REPORTING TO THE CLERK AND THEN THE CLERK IS DOING THE REPORTING TO THEIR COUNCIL MEMBER, SO I GUESS THAT'S THE UNKNOWN, RIGHT? CHAIR RECOGNIZES COMMISSIONER SMITH.

WELL, WELL, GETTING BACK TO THE ISSUE INVOLVED AS REGARDING THE LETTER, I THINK, YOU KNOW, FOR COMMISSIONER ROWAN, WE SHOULD, YOU KNOW, IF WE HAVE ANY COMMENTS, ET CETERA REGARDING THE LETTER, MAYBE WE SHOULD FILTER IT THROUGH HIM.

UH, AND YOU KNOW, PERSONALLY I THOUGHT IT WAS WELL DONE.

I THINK ALL OF THE THINGS HE MENTIONED THERE ARE, I'VE EXPERIENCED HERE, AND I THINK THE, YOU KNOW, IN THE SCHEME, GREAT SCHEME OF THINGS WITH THE CITY COUNCIL, I'M NOT, I'M SURE WE'RE NOT THE HIGHEST PRIORITY IN GENERAL.

SO MAYBE IF THERE IS LIKE A, AN EASY SOLUTION FOR THEM, WHETHER IT'S CHIEF OF STAFF OR CITY CLERK OR WHATEVER IT MAY BE.

BUT I THINK BRINGING IT OUT IS REALLY IMPORTANT BECAUSE OTHERWISE WE'RE JUST WASTING OUR TIME HERE.

AND, YOU KNOW, FOR, AS YOU SAID BEFORE, THE NUMBER OF TIMES YOU COME DRIVING IN FROM, UH, LAKE TRAVIS AND YOU KNOW, YOU DON'T HAVE A QUORUM.

I MEAN, REALLY, AND THE NUMBER OF PEOPLE WHO HAVE NEVER SHOWED UP, I, TWO OF THESE PEOPLE I DON'T EVEN KNOW.

I'VE BEEN HERE FOR TWO YEARS.

SO, YOU KNOW, AGAIN, GETTING AT LEAST BRINGING IT TO THE FOREFRONT AND MAKING THEM LOOK AT IT AND SAY, WELL, YOU'RE RIGHT.

MAYBE THIS IS AN EASY WAY FOR IT TO, UH, BE RELIEVED.

AND I THINK IF WE HAVE ANY COMMENTS OR, OR, UH, IDEAS FOR MR. ROME, WE SHOULD JUST SEND IT OVER TO 'EM AND, AND DEVELOP IT SO WE CAN SEND SOMETHING OUT.

YEAH, I THINK THIS IS A, A, A GOOD FIRST DRAFT AND MAYBE WE CAN, UM, COMMUNICATE FOR OUR EMAIL FOR A SECOND DRAFT.

SO, UH, I WANTED TO ADDRESS THAT HEAD ON, CUZ YOU KNOW, WE WE'RE NOT ACTUALLY MEETING NEXT MONTH MM-HMM.

.

SO, AND I FEEL LIKE THE, THE IRON IS HOT RIGHT NOW WITH COUNCIL.

THEY HAVE A LOT ON THEIR PLATE, BUT THIS IS THE TIME TO GET THINGS IN FRONT OF COUNCIL.

MM-HMM.

, YOU'LL NOTE HERE THAT THIS LETTER IS ACTUALLY ADDRESSED TO THE CLERK .

UM, BECAUSE WE DON'T WANT TO BE, IN MY VIEW, I, I DON'T WISH TO BE INCENDIARY OR CONFRONTATIONAL, BUT CONSTRUCTIVE, UM, I KNOW THE CLERK PLAYS A ROLE, THE CLERK'S OFFICE PLAYS A ROLE IN, UM, ENFORCING THE CURRENT, UH, RULES FOR HOW BOARDS AND COMMISSIONS OPERATE.

SO I, I JUST WANT TO, YOU KNOW, I, I DON'T WANT TO MAKE A, AN A CONSTITUTIONAL DOCUMENT BECAUSE WE CAN GO ON AND ON ABOUT HOW WE WANT TO SAY THINGS.

UM, I'M HOPEFUL, HOPEFUL THAT AS A BOARD WE CAN AGREE THAT THE TONE OF THIS, UH, LETTER IS, YOU KNOW, MEETING THE MARK FOR THE PURPOSE THAT I, THAT I HOPE, UH, FOLKS SEE.

UM, IF THERE ARE VERY PARTICULAR THINGS THAT WE CAN STRIKE OR ADD, I'M HAPPY TO DO THAT.

BUT I JUST, I WOULD HATE TO LOSE THE MOMENTUM OF THIS LETTER THAT'S BEEN WRITTEN.

ALL RIGHT.

I DON'T WANNA DO THIS IN APRIL, UH, CHAIR RECOGNIZE THIS, COMMISSIONER, CHAIRMAN.

OKAY.

SO ALTHOUGH I, I GENERALLY AGREE WITH ALL THE POINTS THAT ARE IN HERE.

PERSONALLY, I THINK THE TONE IS TOO HARSH.

THAT, SORRY, WHICH ONE? THE TONE.

THE TONE OVERALL IS TOO HARSH.

OKAY.

UM, AND I THINK IT PUTS THE CLERK IN A OFFENSIVE POSITION.

UM, AND IT'S, IT IS, I I IT'S NOT, IT'S NOT A LETTER I WOULD SEND IN, IN THE, IN THE WAY CURRENTLY DRAFTED.

IT WOULD REQUIRE SUBSTANTIAL, JUST MY PERSONAL PREFERENCE.

OKAY.

CHAIR RECOGNIZES COMMISSIONER BUNCH.

YEAH.

THANK YOU.

UM, I WAS JUST GONNA SAY, I, I THINK IT'S WELL DONE.

[01:30:01]

UM, YOU KNOW, MAYBE IT'S NOT PERFECTLY WORDSMITH, BUT ALL OF THESE ARE, YOU KNOW, IMPORTANT POINTS WE'VE, WE'VE ENGAGED IN BEFORE.

I WAS JUST GONNA NOTE ON NUMBER THREE, BOTH OF MEETINGS ACT RECOGNIZES THIS MESSAGE BOARD CONCEPT, WHICH THE COUNCIL USES.

AND I DON'T KNOW WHY THEY HAVEN'T JUST SET THAT UP FOR THE BOARDS AND COMMISSIONS AS WELL, BECAUSE IT SEEMS TO WORK WELL FOR THE COUNCIL.

AND I'M, I'M ALMOST CERTAIN THEY HAVE IT SET UP WHERE IF SOMEBODY, YOU KNOW, A COUNCIL MAY REPOSTS A MESSAGE TO THE MESSAGE BOARD, THEY ALL GET PINGED THAT THERE'S A NEW MESSAGE AND THEY SHOULD GO LOOK AT IT AND THEN, AND THEN IT'S PUBLIC.

SO IT'S MORE DISCLOSURE, BETTER FOR TRANSPARENCY AND EASIER FOR US TO DEAL WITH .

OKAY.

UM, ITEM NUMBER ONE, WHERE YOU SAY APPEARS, HOWEVER, THAT THE CLERK'S OFFICE FREQUENTLY AND READILY EXCUSED ABSENCES AT THE SUPPOSED APPROVAL OF COUNCIL MEMBERS.

I GUESS, DO WE KNOW THAT THAT'S WHAT HAPPENED? SHOULD THAT PERHAPS LINE BE CHANGED? THAT'S NOT THE WAY THE CITY CODE SAYS IT'S SUPPOSED TO HAPPEN.

SO NEXT WEEK, NOT, I MEAN, CITY COACH SAYS THE CLERK OFFICE SHALL NOTIFY COUNSEL WHEN SOMEBODY HAS NOT MET AND IT'S UP TO THE COUNCIL MEMBER.

THAT'S WHAT I READ.

MM-HMM.

.

OKAY.

MY UNDERSTANDING THOUGH, THAT IT'S, IT'S THE, THE, SO THE, I I BELIEVE THAT HOW I'VE READ IT IS THAT THE CITY COUNCIL TELLS THE CLERK'S OFFICE WHAT TO DO, AND THEN THE CLERK'S OFFICE EXCUSES THE ABSENCE OFFICIALLY.

SO THAT'S MY, THAT'S THE, MY, UH, ASSUMPTION IN THAT SENTENCE.

AND IT'S QU IS KIND OF QUALIFIED BY IT APPEARS.

YEAH.

AND I'M NOT, YOU KNOW, AND THAT'S PART OF, I THINK THE ISSUE IS JUST LIKE, WHAT, WHAT IS IT, WHAT IS THAT ? SO, YOU KNOW, I'M, I'M NOT TRYING TO FINGER POINT, BUT I, YOU KNOW, UNLESS YOU MAKE SOME SORT OF ASSERTION, YOU DON'T HAVE THE OPPORTUNITY FOR, UH, YOU KNOW, THE CLERK'S OFFICE TO SET THE RECORD STRAIGHT.

AND THAT'S WHAT ESSENTIALLY I'M TRYING TO DO.

AND, YOU KNOW, AND THE BOLDED ON THE LAST PAGE, UH, AT LEAST AN ANNUAL REGULAR CHECK-IN WITH EACH BOARD OR COMMISSION, YOU KNOW, AND, AND I, I THINK, FELICIA, YOU'RE AWESOME, BUT SOMETIMES WHEN I REALLY WANT TO ASK A QUESTION OF THE CLERK'S OFFICE, YOU CAN'T REALLY SPEAK FOR THE CLERK'S OFFICE.

RIGHT.

SO THAT, THAT'S I THINK SOME OF THE, UM, PERHAPS THE LAG AND COMMUNICATION RIGHT.

THAT WE'VE BEEN SEEING.

AND, UM, IF WE HEARD IT FROM THE HORSE'S MOUTH, I THINK A LOT OF US WOULD HAVE OUR CONCERNS DEALT WITH .

AND I'M NOT SAYING THAT THE CLERK SHOULD START SHOWING UP TO ALL OF OUR MEETINGS, BUT, YOU KNOW, EVEN IF IT'S JUST A REPRESENTATIVE FROM THE CLERK'S OFFICE ONCE A YEAR, I THINK THAT WOULD JUST HELP US.

ONE, IT WOULD SHOW INVESTMENT ON BEHALF OF THE CITY OF AUSTIN AND ITS EXTENT BOARDS AND COMMISSIONS.

AND IT WOULD ALSO ALLOW US TO FEEL THAT WE'RE BEING HEARD AT THE VERY LEAST, WHEN THERE'S AN ISSUE THAT POTENTIALLY COMES UP HERE IN THIS SPACE.

SO THAT, THAT'S REALLY, I THINK, THE INTENT.

AND, UM, I, YOU KNOW, I, I THINK WE ALL ARE RIGHT DIFFERENTLY AND MAYBE COMMUNICATE IN DIFFERENT WAYS, BUT, UM, IF, IF THERE ARE THINGS IN THIS LETTER THAT WE SHOULD STRIKE NOW, I'M ALL HERE FOR IT.

BUT, YOU KNOW, I WOULD MOVE TO, UM, MAKE A MOTION PERHAPS FOR, FOR, YOU KNOW, IF THERE'S ANYTHING IN THIS LETTER THAT WE TAKE OUT NOW AND CHANGE, IT'S FINE.

BUT I WOULD LOVE IT IF WE COULD JUST MOVE FORWARD AND SEND THE LETTER PLEASE.

.

OH, SORRY.

WANTS TO TALK.

GO AHEAD.

CAN YOU HEAR ME? YES.

OKAY, GOOD.

UM, SO I WANTED TO SHARE A COUPLE OF, UM, THOUGHTS.

FROM WHAT I KNOW IF I'M THE CLERK'S OFFICE, UM, ON THE ABSENCES, I THINK IT'S A GOOD START FROM YOU COMMISSIONERS TO COMMUNICATE TO ME TO LET ME KNOW IF YOU'RE GONNA BE IN ATTENDANCE OR NOT.

WHEN YOU'RE NOT IN ATTENDANCE, LET ME KNOW MAYBE THE REASONING, UM, OF WHY YOU'RE MISSING THE, THE MEETING.

SO I CAN MARK IT AS ANEX EXCUSED OR UNEXCUSED ABSENCE.

ONCE YOU'VE HIT YOUR THREE ABSENCES, EITHER CONSE SYNC CONSECUTIVELY, OR AT LEAST A QUARTER OF THE YEAR, I HAVE TO NOTIFY THE CLERK'S OFFICE.

ONCE I NOTIFY THEM, THE CLERK'S OFFICE REACHES OUT TO YOUR COUNCIL MEMBER, THEN THEY WAIT FOR THE COUNCIL MEMBER TO INSTRUCT FOLLOW UP ACTION.

ONCE THE COUNCIL MEMBER MAKES THAT DECISION, THEY REPORT TO ME.

THEN WE CONTINUE ON, UM, AS WE GO.

OR THEY LET ME KNOW THAT THIS COMMISSIONER IS NO LONGER IN SERVICE WITH

[01:35:01]

YOUR, YOUR BOARD.

AND, AND WE MOVE FORWARD FROM THAT.

UM, I DO HAVE TO MAKE A THREE MONTH REPORT TO CITY COUNCIL.

I MEAN, NOT CITY COUNCIL, CITY, THE CLERK'S OFFICE.

SO ONCE THEY KNOW THAT INFORMATION EVERY THREE MONTHS, THEN THEY CAN KIND OF STAY ON TRACK, UM, ON WHAT'S GOING ON.

UM, AS FAR AS YOUR TERMS, YOU ARE ON THE BOARD FOR TWO TERMS. UM, THE MAX IS EIGHT YEARS.

SO EIGHT YEARS TOTAL WILL BE YOUR MAX ON THE BOARD ITSELF.

ONCE THAT IS COMPLETED OF YOUR SERVICE, YOU CAN NO LONGER SERVE ON THE BOARD.

SO IF YOUR COUNCIL MEMBER IS, UM, COMPLETED THEIR SERVICE, THEN YOU ARE WELCOME TO REAPPLY AND THEN CONTINUE YOUR SERVICES ON THIS COMMISSION BOARD.

UM, SO THEN, BUT THE TERM IS TWO YEARS, AND THEN YOU DO YOUR EIGHT YEARS MAXIMUM.

SO ONCE YOU'VE FINISHED AND YOU WANT TO TRY IT AGAIN, UN UNTIL YOU HIT YOUR EIGHT YEAR MAX, THEN THAT IS YOUR PREROGATIVE.

UM, OTHER THAN THAT, THAT'S ALL I HAVE.

ACCORDING TO WHAT'S ON THIS LETTER, CHAIRMAN, CHAIR RECOGNIZES COMMISSIONER SMITH.

UM, I, I WOULD THINK WOULD, I WOULD'VE JUST LIKE TO ACKNOWLEDGE THAT FELICIA HAS TRIED IMMENSELY TO GET PEOPLE TO RESPOND TO HER ABOUT WHETHER THEY ARE ATTENDING THE MEETING OR NOT.

AND IF WE DON'T, IF, IF WE DON'T LET HER KNOW, THEN IT'S OUR NEGLIGENCE.

AND I THINK THAT'S ONE THING AS A, AS A COMMISSION THAT WE SHOULD JUST MAKE SURE THAT WE DO ON A REGULAR BASIS, WHETHER IT'S A DAY OR TWO BEFORE TO LET OR AT LEAST KNOW THAT WE'RE GONNA BE HERE.

ALL RIGHT.

UM, ANY OTHER DISCUSSION? DO WE WANNA PUT TO A VOTE WHETHER TO SEND THIS LETTER OR NOT? NO, I'VE HEARD NO AMENDMENTS, SPECIFIC AMENDMENTS TO IT.

YEAH.

I WOULD MOVE THAT WE APPROVE IT AND INVITE ANY SORT OF WORDSMITHING REAL QUICK IF SOMEBODY HAS REAL HEARTBURN ABOUT, YOU KNOW, SPECIFIC PHRASEOLOGY.

SO YOU MOVE TO APPROVE THE LETTER.

IS THERE A SECOND? I'LL SECOND.

SECONDED.

SO MOVE TO APPROVE BY COMMISSIONER BUNCH.

SECONDED BY COMMISSIONER SMITH.

ANY OTHER DISCUSSION? ANY ITEMS YOU WISH TO STRIKE? I'M JUST GONNA VOTE AGAINST IT, BUT NO.

ALL RIGHT, THEN WE'LL PUT IT TO A VOTE.

UM, ALL THOSE IN FAVOR OF APPROVING THE LETTER, UH, SIGNIFIED BY AYE.

AYE.

1, 2, 3 OF THREE, FOUR.

ANY OPPOSED? 1, 2, 3.

UH, JOHN, I'M SORRY, I FORGET THAT YOU'RE OVER THERE.

WERE YOU FOUR OR OPPOSED? AND FOUR? YOU'RE FOUR.

SO 4, 4, 3 OPPOSED? OH, THREE.

NO.

AND ANY ABSTENTIONS? I'M GONNA ABSTAIN.

SO, ONE ABSTENTION, UH, THE AYE HAVE IT AND THE LETTER IS APPROVED.

THE MOTION IS ADOPTED.

ALL RIGHT.

THANK YOU FOR YOUR WORK.

UM, YES, AND, UM, I JUST WANNA SAY I, I UNDERSTAND WHERE PEOPLE ARE COMING FROM AND I, I KNOW THAT, UM, WRITING FOR A GROUP IS ALWAYS DIFFICULT.

I, I GO THROUGH THIS EVERY MONTH IN MY JOB WHERE I HAVE TO WRITE A, A, UM, MONTHLY NEWSLETTER.

SO , LIKE, I DO APPRECIATE, UM, YOUR WILLINGNESS TO, UH, ALLOW ME TO REPRESENT THE COMMISSION THROUGH OUR ILLUSTRIOUS CHAIR MCGEE.

UM, BUT IN THE FUTURE, I'M, YOU KNOW, WILLING, UH, AND ABLE TO PARTNER WITH EACH OF YOU IN, UM, YOU KNOW, NOTING THAT THIS IS A VOLUNTEER BOARD TO TRY AND, UH, CREATE MORE BAKED, UM, DELIVERABLES.

BUT I'M ALSO, I THINK BALANCING AS WE ALL ARE THE NEW COUNCIL, OUR TIME, UH, AS WELL AS THE, THE RIGHT MOMENT IN HOW WE MOVE FORWARD WITH, UM, SUGGESTIONS AND, AND WHAT WE CAN DO HERE AS A COMMISSION.

SO, OKAY.

I HATE TO ASK THIS QUESTION, BUT DID YOU SEND THIS OUT IN ADVANCE FOR EMAIL FOR US TO GET A CHANCE TO READ IT? AND I SENT IT OUT ON WEDNESDAY

[01:40:01]

LAST WEEK AND OKAY.

UH, TO, UH, FELICIA.

RIGHT? SO MAYBE A LITTLE BIT MORE TIME.

I UNDERSTAND .

NO.

WELL, THAT'S A WEEK IS, IS AT LEAST A WEEK.

BUT MY REASON FOR MY ABSTENTION WAS BECAUSE I'VE HAD TO CHANGE LAPTOPS.

SO NOW I DON'T HAVE ACCESS TO MY EMAIL.

AND ACTUALLY, AND I, AND I FOUND THIS OUT THE OTHER DAY, LIKE, YOU KNOW, I TRIED TO LOG IN ON, YOU KNOW, ANOTHER COMPUTER AND I FORGOT MY PASSWORD AND THEN I TRIED TO RESET IT AND APPARENTLY I DON'T HAVE THE ABILITY TO RESET MY OWN PASSWORD.

NO.

SO YOU DON'T, I FOUND THAT SOMETIMES.

DO THEY WANT ME HERE ? SO LIKE, ANYWAY, BUT, UH, THAT'S NEITHER HERE, NOR HERE NOR THERE.

BUT THANK YOU ALL FOR, UM, CONSIDERING THIS LETTER.

AND, UM, I'M HAPPY TO GIVE YOU THE ACTUAL WORD DOCUMENT TO SEND AND WITH THE NOTING, NOTING THAT WE'RE CCING COUNSEL AND THE OTHER CHAIRS OF BOARDS AND COMMISSIONS.

FELICIA, CAN YOU HELP US GET THOSE EMAILS OF THOSE FOLKS? OKAY.

PERFECT.

THANK YOU.

UM, DID YOU SPEAK WITH ANY OF THE OTHER COMMISSIONS? DO THEY KNOW THAT THIS LETTER'S COMING? NO.

OKAY.

ALRIGHT.

CAN, CAN I CLARIFY? I MEAN, I'M, I'M THE VOTE'S DONE.

I JUST WANNA CLARIFY, DID I UNDERSTAND THE MOTION THAT TO APPROVE THE LETTER, WE APPROVE THE LETTER, BUT I THOUGHT I ALSO HEARD, UH, COMMISSIONER BUNCH SAY, AND WE COULD WORDSMITH THAT IN ANY WAY WITH ANY CHANGES THAT MIGHT BE REQUIRED YEAH.

DURING PERIOD MOTION.

SO MY POINT IS WE AGREED THAT SOME FINESSING CAN STILL HAPPEN BETWEEN NOW AND WHEN IT'S SUBMITTED AND WE'VE AGREED TO THAT.

IS THAT, IS THAT NOT WAY THREE TOO? NO.

OKAY.

SO IT MEANS, IT MEANS IT HAS TO GO OUT AS WRITTEN AS IS, WHICH IS WHY I VOTED AGAINST IT, BECAUSE I'M NOT, I'M NOT IN ALIGNMENT WITH ALL THE PHRASING, BUT I'M IN, I'M IN ALIGNMENT WITH THE EFFORT.

MM-HMM.

.

YEAH.

THANK YOU.

WELL, WELL PHRASED.

UM, ALRIGHT.

RIGHT.

UH, LAST ITEM

[FUTURE AGENDA ITEMS]

BUSINESS, NOT ON THE AGENDA, BUT ARE WE MEETING NEXT MONTH? IT BEING MARCH AND WE HAD TALKED ABOUT STOP BY SOFTBALL.

YEAH.

THE, THE LIKELIHOOD THAT WE WOULD NOT MAKE QUORUM IN MARCH.

AND SO IF WE FEEL WE'RE NOT GONNA MAKE QUORUM IN MARCH, THEN MAYBE WE SHOULD GIVE OVER THE ROOM AND THE TIME TO OTHERS WHO PERHAPS CAN, WHAT'S THE FEELING OF THE BOARD? I KNOW I WON'T BE ABLE TO MAKE IT.

I WILL ALSO NOT BE HERE.

YOU WILL NOT BE ABLE TO MAKE IT.

YEAH, I WOULD, I WOULD AND I WOULD WANT IT TO BE SUBSTANTIAL PURPOSE.

I WOULD WANT, THERE'S TWO THINGS I WANNA KNOW WHETHER I'M, BEFORE I SPEAK, WHETHER I'M GONNA GET REAPPOINTED AND I THINK THAT PROCESS IS GONNA HAPPEN IN THE INTERIM, WHICH WHO WILL BE REAPPOINTED BY WHICH COMMISSIONERS.

AND THE SECOND THING IS I WANT US TO BE PURPOSEFUL WHEN WE'RE HERE AND HAVE A, A MEDIA AGENDA.

AND WE'RE NOT HERE TALKING ABOUT THAT MEDIA AGENDA.

SO I DON'T WANT, I DON'T WANT IT TO ALL, HOW DOES IT COME TOGETHER IF WE HAVEN'T PLANNED FORWARD? SO, UH, I'M ALL FOR CANCELING FELIC SHORE ALREADY.

HAS, UM, FOLKS LINED UP, UM, FOR THE FUTURE ITEMS THAT WE TALKED ABOUT FOR THE, FOR THE APRIL MEETING, THE ONES THAT WERE IN THE NOTES FROM LAST MM-HMM.

, ALL THOSE ITEMS. MM-HMM.

.

MM-HMM.

.

SO LAST HAVE FOLKS WE MAKE A MOTION.

.

WELL, HOW MANY OF US THINK WE'RE NOT GONNA MAKE IT? BECAUSE THAT WILL TELL US RIGHT THERE IF THERE'S NOT GONNA BE A QUORUM.

THERE YOU GO.

SO WE'RE NOT GONNA MAKE A QUORUM.

UM, SO I'LL INSTATE A MOTION THAT WE CANCEL THE MARCH MEETING.

IS THERE A SECOND? SECOND.

SO MOVING A SECOND IN ANY DISCUSSION THERE BEING NO DISCUSSION WILL VOTE.

ALL THOSE IN FAVOR OF COUNSELING THE MARCH MEETING SIGNIFY BY AYE.

AYE.

AYE.

AYE.

IS THAT UNANIMOUS? UH, ANY OPPOSED? NO, THE NONE.

ANY ABSTENTIONS? ? ANY ABSTENTIONS? I AND I GUESS JOHN THAT US, CAN WE LEAVE? WE STILL HAVE A QUORUM EVEN THOUGH JOHN LEFT, RIGHT? YES.

OKAY.

WE DO.

ALL RIGHT.

UM, SO MARCH MEETING IS CANCELED.

UM, COMMISSIONER ROAN, I HAVE ANOTHER TOPIC BOARD, ANOTHER TOPIC.

UM, SO, UH, IT WOULD BE GREAT IF, OH, IT'S ON, UH, I WANTED TO SEE IF WE COULD PERHAPS REVISIT, UM, THE TPI CONVERSATION, UM, AND MAKE SURE THAT THAT'S ON THE AGENDA FOR THE APRIL MEETING.

UM, IT'S NOT ON THE AGENDA, UM, IN TERMS OF THE TEPID UPDATES OR FROM THE TEPID GROUP, BUT I WOULD REQUEST THAT THAT BE PLACED ON THE AGENDA CUZ SO JUST FOR MY CLARITY, WHEN YOU SAY THE TEPID, YOU WANT TO HAVE UPDATE FROM THE TEPID WORKING GROUP ON THE APRIL AGENDA? CORRECT.

AND I WILL ALSO SAY FACTUALLY THAT WE DID MEET, UM, UH, CHAIR MCGEE WAS NOT ABLE TO MAKE IT, BUT JOHN REEDY AND I, UH, DID MEET AS THE COMMITTEE AND WE ARE LOOKING AT ALSO USING THIS WINDOW OF THE NEW COUNCIL TO REVISIT TPI.

UM, WHICH, UH, UNDER MY UNDERSTANDING WAS SOMEWHAT OF A CONDITION OF APPROVING THE CONVENTION CENTER EXPANSION.

SO I, I JUST WANTED TO CALL THAT OUT.

AND I BELIEVE THIS BODY IN JANUARY LAST MONTH ALSO EXPRESSED A, UH, WILLINGNESS AND DESIRE TO DO SO.

SO THAT HAS SORT OF BEEN MOVING MM-HMM.

, UH, AND WE'RE LOOKING AT, UM,

[01:45:01]

ESSENTIALLY DEFINING WHAT THAT MIGHT LOOK LIKE, UH, GIVEN THE TIME THAT'S ELAPSED AND THE NEW COUNCIL.

SO I JUST WANT TO PUT THAT UP.

YOU SAID THE CONDITION, IT WAS A CONDITION, AS I UNDERSTAND, PLACED BY THE AUSTIN HOTEL LODGING ASSOCIATION.

IT WASN'T OUR CONDITION OR CONDITION, RIGHT? IT WAS, IT WAS A CONDITION PLACED BY ANOTHER VESTED PARTY.

MM-HMM.

.

UM, OKAY.

I JUST WANTED MAKE SURE, I JUST WANTED CLEAR CONDITION.

TAKE IT ALL THE WAY.

CLARIFY WHO WAS WHO.

CONDI WHO, YEAH.

BEHIND.

WE DID NOT SET, WE NOT DRAW A LINE IN THE SAND OR ANYTHING.

IT'S MORE, YOU KNOW, US REVISITING THE TOPIC.

AND, YOU KNOW, IT WAS STATED IN MEETINGS AS I'VE MM-HMM.

BEEN INFORMED THAT, UM, THIS WAS AN EXPRESSED DESIRE OF THE HOTEL LODGING ASSOCIATION.

IT'S A TEPID WORKING GROUP LOOKING TO MEET AGAIN BEFORE THE APRIL MEETING.

UH, YES.

HOPEFULLY NOT JOIN SOUTH, SOUTHWEST, UH, .

PROBABLY NOT .

SO I CAN, BUT WE WILL JOIN YOU.

WE WILL, UH, INFORM, UH, CHAIR MCGEE OF THAT MEETING.

BUT IF WE COULD GET THAT ON THE NEXT AGENDA, THAT WOULD BE WONDERFUL.

THANK YOU.

NO OBJECTION TO THAT.

UH, ANYONE ELSE? ALL RIGHT, THEN THERE BE NO FURTHER BUSINESS.

UH, WE ARE ADJOURNED.

KEEPING IT TIGHT.

THANK YOU.

THANK YOU.

THANK YOU.