EDITORIAL: Changing of the Guard at Pagosa Springs Town Hall? Part Four

Read Part One

I once read that, during most of human history, a typical person never, in their life, traveled more than 100 miles from where they were born.

How times change.

We’re going to discuss a slightly controversial claim made in a new Town-County Intergovernmental Agreement (IGA) defining our Tourism Board, in a moment. But since we’re talking about the ‘changing of the guard’ at Town Hall, this is a suitable opportunity to share a very brief excerpt from a press release posted this week by the Town of Pagosa Springs, introducing our new Town Manager, David Harris. (You can read the entire press release here.)

What Town projects or initiatives are you most excited to work on?

That is a tough question… there are so many. I know the community has many projects in the works, from upgrading infrastructure and streets to tackling workforce housing to maintaining parks, trails and the cemetery. These are all important projects vital to the community’s long-term health.

The Mayor, Council, staff and I look forward to working with area leaders around the state, county, region, school district, fire district, and hospital district to achieve these projects and more…

What do you hope to accomplish in your first six months or year on the job?

Wow. That is another tough question. At work, I hope to understand the history behind what we do as a Town and why. I plan on being active in the community… and figuring out how the office coffee maker works…

It may be too soon to choose, but do you have a favorite place or activity in Pagosa Springs?

We are excited to be in an area with four seasons, great hiking, outstanding skiing and awesome beer!

If you have questions or wish to reach out to David, contact him at dharris@pagosasprings.co.gov. And, if you see him walking his dogs or grabbing a beer in town, be sure to say hello!

I agree with Mr. Harris, that understanding the history behind what we do, and why, is an excellent project for a new Town Manager who is relatively unfamiliar with our little community. Those of us who have lived here for a few decades may have a deeper understanding of what we do, and why, but we also can benefit from someone with a fresh perspective.

I’m just hoping that Mr. Harris’ fresh perspective aligns well with my own peculiar outlook.

As regular Daily Post readers know, I have a unfounded sense of optimism that Pagosa Springs can save itself from becoming just another gentrified Colorado resort community were only millionaires can afford to live. Our elected leaders do not often contribute to my optimistic perspective, however.

For example.

The Town of Pagosa Springs and Archuleta County recently agreed to stack the Tourism Board heavily with industry representatives, rather than with a wide range of ‘community’ representatives.  The new IGA also directs the Tourism Board to use the tax funds contributed by the County government (but not the funds contributed by the Town government) exclusively for tourism marketing — as opposed to other possible needs related to tourism.

This rule would seemingly prohibit the use of County funding for addressing our housing crisis — a crisis that seriously and directly impacts the viability of our tourism industry.

The paragraph in the IGA that limits the uses of the County funds reads like this:

2.1.5  Capital Expenditure projects may be considered by the Tourism Board, if they are tourism related in that the project will improve the experience of the visitor; however, only the Town’s Lodging Tax revenue may be used for such projects as the County’s Lodging Tax is restricted by C.R.S. § 30-11-107.5 to only the marketing and advertising of local tourism.

We have a ‘statutory’ county government, which must make an attempt to abide by state laws. The Town government, on the other hand, is a ‘Home Rule’ municipality, and can, in many instances, make laws and policies that differ from state laws.

So the County is indeed bound by CRS 30-11-107.5, a state law that defines how county lodging taxes can be used.

How can they be used, under that law?

Subject to the limitation set forth in subsection (1.5)(b) of this section, a county board of commissioners may levy the tax specified in subsection (1) of this section for the purpose of:

(I) Advertising and marketing local tourism;

(II) Housing and childcare for the tourism-related workforce, including seasonal workers, and for other workers in the community; or

(III) Facilitating and enhancing visitor experiences.

Our Archuleta Board of County Commissioners could use our Lodging Taxes to address Pagosa’s serious housing crisis.  But because the County Lodging tax was originally approved by the voters only for the purpose of advertising and marketing, the BOCC would first need to ask the voters to give them new permissions.  From CRS 30-11-107.5:

If, prior to January 1, 2022, the voters of a county approved a county lodging tax for the purpose of advertising and marketing local tourism, the board of county commissioners may, by resolution, approve a proposal to allow the county lodging tax revenues to also be used for any of the additional purposes specified in subsection (1.5) of this section. The county shall refer the proposal to the registered electors of the unincorporated areas and the municipalities subject to the lodging tax at the next general election. 

Do the residents of Archuleta County believe we should use some of the County Lodging Taxes to help solve the most serious problem in our community?

Do the residents of Archuleta County believe we already have enough tourists, and maybe we need a change of direction?

We don’t know, because the BOCC has not yet put the question on the ballot.  Instead, the BOCC wrote up an IGA claiming that they are prohibited from using the Lodging Taxes for anything other than marketing.

That is accurate.  At the moment, the County can use its Lodging Tax only for marketing. Because they have not put the issue in front of the voters, as they are allowed to by state law.

Read Part Five…

Bill Hudson

Bill Hudson began sharing his opinions in the Pagosa Daily Post in 2004 and can't seem to break the habit. He claims that, in Pagosa Springs, opinions are like pickup trucks: everybody has one.