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HomeMy WebLinkAbout2024-09-10 VLHA Agenda 2 3 4 Vail Local Housing Authority Minutes Tuesday, August 27, 2024 3:00 PM Vail Town Council Chambers PRESENT ABSENT Steve Lindstrom Craig Denton Christine Santucci Dan Godec Kristin Williams STAFF Jason Dietz, Vail Housing Director Martha Anderson, Senior Housing Coordinator Missy Johnson, Housing Coordinator 1. Call to Order 1. 1 Call to Order Meeting called to order at 3:05 p.m. with quorum, including Godec on ZOOM. Denton joined just after the meeting was called to order. 1.2 Zoom Meeting 1 (Pre-Executive Session) 1.3 Zoom Meeting 2 (Post-Executive Session) 2. Citizen Participation 2.1 Citizen Participation No public comment. 3. Approval of Minutes 3.1 VLHA July 23, 2024 Minutes Presenter(s): Missy Johnson, Housing Coordinator 2024-07-23 VLHA Minutes.pdf MOTION: Godec SECOND: Williams PASSED: 3-0-2 3.2 VLHA July 24, 2024 Minutes Presenter(s): Missy Johnson, Housing Coordinator 2024-07-24 VLHA Special Meeting Minutes.pdf MOTION: Denton SECOND: Godec PASSED: 3-0-1 3.3 VLHA August 13, 2024 Minutes Presenter(s): Missy Johnson, Housing Coordinator 2024-08-13 VLHA Minutes.pdf MOTION: Denton SECOND: Santucci PASSED: 3-0-2 5 4. Main Agenda 4.1 Discussion on Short-Term Rental Regulation Presenter(s): Jason Dietz, Housing Director and Steve Lindstrom, VLHA Chairman Time: 20 Min. 05172022 STR_Memo.final.pdf Lindstrom reviewed the background and the council approval to re-open the short-term rental regulations. He provided a background and mention of the most recent EPS studies regarding residential linkage in whole, as a report that is a couple years old. At the time, the finance department had instated fees for short term rental properties. Lindstrom stated that an argument of short-term rentals impacts the long-term rental market does not go very far in our jurisdiction. The argument going forward would be more along the lines of residential linkage. Lindstrom summarized commercial linkage, residential inclusionary zoning and residential linkage, which is a topic that will be re-opened. New legislation is akin to but a separate piece from commercial linkage. Denton suggest that we are running into ownership rights, in his opinion, and he is not into forcing people to follow additional regulation. The STR piece will come up quickly and may lean on The Authority to weigh-in and/or make a recommendation. Conversation ensued among the Authority around the future of commercial linkage placing more of a responsibility with fees or production of employee housing to help with the strain on the community, including the large employers in the area and concerns of parking and housing impacts. Referencing the documents that were provided, Santucci stated if there is an opportunity for the Authority to have an ongoing structure to assist the community, then that is what we should be doing in aligning with the Authority's purpose to help create additional housing for locals. Dietz weighed in that Council had asked staff to start looking at the fee structure in relation to the nexus study that came from EPS a couple of years ago. He provided a short summary of the previous EPS nexus study and conversation ensued with comments from the Authority and curiosities if the Council agrees with the pathways from the nexus study and determine next steps. Finance Department leads on STR and Dietz will share information as he knows more about STR and residential linkage and commercial linkage. Anderson reminded the group that the fee-in-lieu, which was last updated in 2016/18, also needs to be revised in relation to commercial linkage and inclusionary zoning and discussion continued. 4.2 Financial Policies and Best Practices Presenter(s): Carlie Smith, Finance Director Item moved to next meeting. Moved for the authority to exit regular session and enter into Executive Session. 5. Matters from the Chairman and Authority Members 6 5. 1 Matters from the Chairman and Authority Members Presenter(s): Steve Lindstrom, VLHA Chairman Anderson reminded the group about a few social matters for the Authority coming up this week. Williams moved to leave regular session and enter into Executive Session at 3:42 p.m. MOTION: Williams SECOND: Santucci PASSED: 5-0 6. Executive Session 6.1 Executive Session pursuant to C.R.S. §24-6- 402(4)(b), to hold a conference with the Town Attorney, to receive legal advice on specific legal questions on the topic of the Vail Local Housing ; Presenter(s): Matthew Mire, Town Attorney 6.2 Executive Session pursuant to C.R.S. §24-6-402(4)(a)(e) to discuss the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED Presenter(s): Martha Anderson, Senior Housing Coordinator 6.3 Executive Session pursuant to C.R.S. §24-6- 402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of any real, personal or other property interest and to determine positions relative to matters that may be subject to negotiations regarding potential real property acquisitions by the Town. Presenter(s): Jason Dietz, Housing Director; Martha Anderson, Senior Housing Coordinator 7. Any Action as a Result of Executive Session 7.1 Any Action as a Result of Executive Session The authority re-entered regular session at 5:01 p.m. The Authority directed to staff to move forward as discussed during executive session regarding a Vail InDEED. MOTION: Williams SECOND: Denton PASSED: 4-0 8. Adjournment 8.1 Adjournment 5:05 PM 9. Next Meeting Date 9.1 Next Meeting Date September 10, 2024 7 8 Procurement Contracting and PRESENTATION BY Carlie Smith, TOV Finance Director 9 authority, county, municipality, city and State Statute Requirements vailgov.com | Update Annual be void, and no moneys belonging to a local government shall be paid on such contract. Semi ¤Any contract, verbal or written, made in violation of this section shall county, district, or other political subdivision of the state of Coloradothe amounts appropriated. 2021 | ¤Applies to all local governments (¤Agencies can not expend or contract to expend any funds in excess of Vail of ¤Budgeting and contracting requirements are governed by state statue: 29-1¤Colo Rev Stat 29-1-110: Town : : Ensure fair and open competition and Procurement Policies vailgov.com | Update Annual Semi ¤Bid process/procedures¤Contracting requirements¤Approval limits 2021 | ¤VLHA has not adopted¤Requirement for some grant funding (recipient or subrecipient)¤Audit Preference if your Revenues/Expenditures > $750K¤Procurement Policy generally includes Vail of Best Practice: Procurement PolicyPurpose of a Procurement Policy compliance with all laws and regulations to provide the best value to the taxpayers for the goods and services Town 21 Grant Administration vailgov.com | Update Annual to the outcome of what grant is funding Semi ¤Ensuring proper resources for ongoing costs/match or costs related ¤Resources for administrative process to be taken before applying or accepting grants to maximize the benefits 2021 | ¤GFOA recommends developing a grant policy that requires certain steps Vail of Grant Administration Grants generally come with specialized requirements: Can apply to general operations of the grant, specific compliance rules, monitoring of other parties that may receive resources from the grants, and specialized reporting/audit requirements Town 22 VLHA Revenues vailgov.com | Update Annual Semi 2021 Current VLHA Revenue Sources: | ¤MiddleCreekMgmt. Fee:$16.5Kannually¤Lionsridge(0.01% ownership interest): $800annually¤Ground Lease Revenue: $35K Expires 12/31/24¤Interest GeneralGovernment Revenue Sources:¤Taxes¤ChargesforService s¤Fees¤Grantsandotherintergovernmentalsources Vail of Town 23 Thank you 24 25 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vail.gov MEMORANDUM To: Vail Local Housing Authority From: Jason Dietz, Housing Director Missy Johnson, Housing Coordinator Date: September 10, 2024 Re: Resident Occupied Deed Restrictions and Approval of Eagle County Employment Scenarios I. PURPOSE At the request of the Vail Local Housing Authority to better define guidelines around “Qualified Occupant/Owner”, the purpose of this memo is to highlight the variety of scenarios that arise during the review of employment verification/documentation and seek feedback on how interpretations are or could be made. II. BACKGROUND With the current demand outweighing the supply, especially with the popularity of remote work, here are a variety of scenarios that Staff has come across compared with Deed restriction language as listed below: Vail InDEED Resident Requirement d. Qualified Resident means a natural person who works an average of 30 hours or more per week at a business in Eagle County, Colorado that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business, and earns at least 75% of their income from such business. A Qualified Resident also includes an individual who: is retired; was 60 years of age or older at the time of retirement; for the 5 years immediately prior to retirement, worked an average of 30 hours or more per week at a business in Eagle County that held a valid and current business license, or paid sales taxes, or was otherwise generally recognized as a legitimate business; and earned at least 75% of their income from such business during such 5-year period. To determine that a person is a Qualified Resident the Qualification 26 Guidelines set forth in Exhibit B, attached hereto and incorporated herein by this reference, shall apply. See Exhibit B attached. Chamonix Vail Community Owner Occupied Requirement i.Qualified Owner means an Owner who is an individual who: works an average of 30 hours or more per week at a business in Eagle County, Colorado that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business; and earns at least 75% of their income from such business. For example, if an individual worked 60 hours per week for one half of the year at such a business in Eagle County, Colorado, and worked elsewhere for the other half of the year, such person would be a Qualified Owner. A Qualified Owner also includes an individual who: was a Qualified Owner when the individual purchased the Property, but then retired while owning the Property; was 60 years of age or older at the time of retirement; for the 5 years immediately prior to retirement, worked an average of 30 hours or more per week at a business in Eagle County that held a valid and current business license, or paid sales taxes, or was otherwise generally recognized as a legitimate business; and earned at least 75% of their income from such business during such 5-year period. Employment examples are listed below. Please assume that they do work the minimum of 1,560 hours each year and that Staff is charged with working with the owner and/or property manager for complete employment verification of the variety of employment scenarios: A full-time employee works at the Eagle County Airport, yet their paystub is cut from a company in Glenwood, CO. This was approved, they provide goods and services locally. A year-round employee, stated on the paystub as a remote worker (free to live anywhere), works for Vail Resorts and receives a paycheck out of Broomfield. o Same scenario as above but we learn through conversation that they are the IT manager focused on servicing businesses in Vail and Beaver Creek. This was approved, they provide goods and services locally. An Eagle County based LLC, where the owner offices out of a shared community office space, as a consultant and services clients across the U.S. because they can work from anywhere. This individual presents their personal and business taxes from the LLC to show that income exists to warrant 30+ hours/week via the Eagle County LLC. They have few or no local clientele, but the LLC is local, does this meet the intent of the Housing program? An individual who has established residency in Eagle County, started their tourism business as a local LLC for a business that provides goods and services within another country and/or state. Some business and back-office matters are handled from a home office in Vail, CO yet the goods and service business and its offerings take place in another country and/or state. Is this individual eligible for community housing? A trade LLC (plumbing, electric, or construction) is established in Eagle County where the owner lives but nearly all the services are offered outside of Eagle County. Does this meet the intent of the Housing program for the owner of the business to qualify? Page | 2 27 An individual works for a ski industry brand, which is based out of county. As a ski rep, they provide goods and services locally through this commission-based employment. Does this meet the intent of the Housing program? III.RECOMMENDATION The Housing Staff recommends that the Town ties the Town deed restricted housing programs to residents working for Eagle County businesses, which provide goods and services in Eagle County. The Staff Vail Local Housing Authority employment scenarios guidelines to be followed by the Staff Page | 3 28 EXHIBIT B QUALIFICATION GUIDELINES 1. Purpose. The purpose of these Qualification Guidelines is to set forth the occupancy requirements for the Property pursuant to the Deed Restriction. 2. Definitions. All capitalized terms herein shall have the meanings set forth in the Deed Restriction. 3. Application. To become a Qualified Resident, a person must provide the following information: a. Verification (e.g., wage stubs, employer name, address, telephone number and other appropriate documentation) of the person's current employment with a business in Eagle County that holds a valid and current business license, or pays sales taxes, or is otherwise generally recognized as a legitimate business; b.Evidence that the applicant has worked, or will work, an average of 30 hours per week or more per year and earns at least 75% of their income from such a business; c. Evidence that the applicant is an individual who is retired, was 60 years of age or older at the time of retirement, andfor the 5 years immediately prior to retirement, worked an average of 30 hours or more per week at such a business and earned at least 75% of their income from such a business; d. A valid form of identification, such as a driver's license, state-issued identification, passport or military identification; and e. A signed statement certifying and acknowledgingthat all information submitted in such application is true to applicant's best knowledge and authorizing verification ofall information submitted. 7 7/14/2021 S:\\HOUSING\\FORMS - TEMPLATES\\DEED RESTRICTIONS\\DEED RESTRICTION_VAIL INDEED.DOCX 29