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TDC Minutes 04/25/2016 April 25, 2016 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, April 25, 2016 LET IT BE REMEMBERED the Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Penny Taylor Vice Chairman: Susan Becker Larry Sacher Clark Hill Robert Miller Ed (Ski) Olesky Mac Chaudhry Michelle McLeod Nancy Kerns ALSO PRESENT: Jack Wert, Tourism Director Jeff Klatzkow, County Attorney Gary McAlpin, Manager, Coastal Zone Management Colleen Greene, Assistant County Attorney Kelly Green, Tourist Development Tax Coordinator Barry Williams, Director, Parks and Recreation 1 APRIL 25, 2016 MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center,Administration Bldg. F,3rd Floor 3299 Tamiami Trail East,Naples,FL 34112 April 25,2016 8:30 am Collier County Commission Chambers * Requires TDC Action 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. *Changes and Approval of Agenda 5. *Approval of TDC Minutes a. *Regular Meeting 3/28/16 6. Presentations/Public Comment - (3 minutes each) 7.New Business a. *Sunshine Law Review-County Attorney's Office b. *ITB 16-6623 Wildlife Receptacle Containers -Barry Williams c. *Restripe Vanderbilt Beach Parking Garage -Barry Williams d. *TDC Cat. A Grant Application-Ann Olesky Fishing Pier Repairs -Barry Williams e. *TDC Cat. A Grant Application Beach Facilities Seasonal Maintenance Staff—Barry Williams f. *FY 16/17 TDC Category A Beach Park Facilities Grant Applications (Fund 183) g. *Recommendation to pay Paradise Advertising past due invoices h. *FBU Media Coverage Contract 8. Old Business a. *Paradise Advertising Payment Analysis—requested follow up from 3-28-16 9. Marketing Partner Reports a. Research Data Services—Walter Klages b. Paradise Advertising-Nicole Delaney c. Lou Hammond& Associates—PR Services- JoNell Modys d. Tax Collections- Jack Wert e. Miles Media- Website Activity f. Atilus- Search Engine Optimization g. Phase V - Fulfillment Services 10. Tourism Staff Reports a. Director—Jack Wert b. Sales & Marketing—Debi DeBenedetto c. Public Relations & Communications—JoNell Modys d. Film Office—Maggie McCarty e. Sports Marketing—Michael Obyc f. International Representatives—Jack Wert g. Visitor Centers—Lori Lou Waddell 11. Detailed Staff Reports 12. Council Member Discussion 13.Next Scheduled Meeting Date/Location—May 23, 2016 Collier County Government Center, Administration Bldg. F, 3rd Floor, 3299 Tamiami Trail East,Naples, Florida 34112 14. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Jack Wert at (239) 252-2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101,Naples, FL 34112-5356, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners)before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. April 25, 2016 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Commissioner Taylor Commissioner Taylor called the meeting to order at 8:30 A.M. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A quorum was established. 4. Changes and Approval of Agenda Mr. Sacher moved to approve the Agenda subject to the following changes: • Item 12— Council Member Discussion to be heard after Item 6. • Delete Item 7.g—Recommendation to Paradise Advertising past due invoices. • Add Item 7.i—Appointment of TDC Representative for FBU Media Event. • Continue Item 8.a—Paradise Advertising Payment Analysis—requested follow up from 3-28-16. Second by Ms. Becker. Discussion occurred on the proposal to delete item 7.g with Staff preferring the item move forward as the firm is due approximately $500,000 and a delay will jeopardize the summer advertising campaign. Commissioner Taylor noted the process for vendor payment is being litigated with the County Clerk's Office and recommended the item be postponed until the next meeting. A Resolution may be developed outlining the Council's position and forwarded to the BCC. Other Members expressed concern on the lack of payment and recommended the item be heard today and a message be sent to the BCC on the item. Mr. Sacher withdrew the motion. Ms. Becker moved to approve the Agenda subject to the following changes: • Item 12—Council Member Discussion to be heard after Item 6. • Item 7.g—Recommendation to pay Paradise Advertising past due invoices be heard as item 7.b with the following items to be renumbered accordingly. • Add Item 7.i—Appointment of TDC Representative for FBU Media Event. • Continue Item 8.a—Paradise Advertising Payment Analysis—requested follow up from 3-28-16 Second by Mr. Olesky. Motion carried 7 "yes"—2 "no." Mr. Hill and Mr. Chaudhry voted "no." 5. Approval of TDC Minutes a. Regular Meeting 3/28/16 Mr. Miller moved to approve minutes of March 28, 2016 Meeting subject to the following change: • Page 3, paragraph 5, line 1 from "Motion carried 4 "yes"—3 "no." to "Motion carried 5"yes"—3 "no." Second by Mr. Chaudhry. Carried unanimously 9—0. 2 April 25, 2016 6. Presentations/Public Comment—(3 minutes each) None 12. Council Member Discussion Commissioner Taylor reported she was contacted by Governor Scott regarding any recognition Arthrex receives for contributions to the areas economy for promotion of hotel stays related to their business conferences, meetings, seminars, etc. Mr. Wert reported he has met with representatives for the company 3 times and will arrange another meeting to determine any measures the County may undertake to assist them with hospitality services. Commissioner Taylor asked if any reports are available on promotional spending by hotels for marketing in the region. Many in the community may not be aware the County is not the only organization undertaking the efforts. Mr. Wert reported the data has been presented to the Council in the past and he will update the information and distribute it to the members. Ms. Becker reported she represented the Council at the 4/6/2016 Tourism Roundtable and a Visit Florida Event at the Conservancy of Southwest Florida. 7. New Business a. Sunshine Law Review - County Attorney's Office Jeff Klatzkow provided the handout "Florida Sunshine Law Requirements" and presented a PowerPoint on the law and the responsibilities of public officials in the State of Florida. b. Recommendation to pay Paradise Advertising past due invoices Mr. Wert presented the Executive Summary "Recommendation to request the Tourist Development Council (TDC) to direct the TDC Chair or staff to request that the BCC use any and all means at their disposal to compel the Clerk of the Circuit Court's Finance Department to pay the proper invoices for work completed by Paradise Advertising and Marketing, Inc. that are 45 days or more past due" dated April 25, 2016 for consideration. He noted: • The invoices date back to November of 2015 with approximately $431,847 past due. • The vendor has met the requirements of the County since March of 2015 when a meeting was held with the vendor, Finance Department, Tourism Dept., Purchasing Dept., etc. and the agreement was reached that"lump sum" invoicing could be utilized for billing. • The process involves Mr. Wert receiving a time and material estimate for a project including production and media placement. • He authorizes a lump sump amount for the work and Paradise begins production on the project. • Upon completion of the work, back up is delivered to the County for their records and staff approves the invoice. • The funds for the payments have been incorporated into the Department's approved budget. Crystal Kinzel, Collier County Clerk's Office,Director of Finance and Accounting reported there had been several meetings with the vendor and they have articulated what is required before payment is authorized. The invoices require a detailed breakdown of charges directly linked to contracted rates identified in the approved contract. Staff is willing to meet on site with the vendor to rectify the issues so payment may be issued. 3 April 25, 2016 Many times the Finance Department does not receive a detailed breakdown of charges, but rather a 1-page invoice; they are required to validate all charges to ensure the taxpayer's money is being expended as intended. Cedar Hames, Paradise Advertising reported he is willing to dedicate staff to alleviate the County's concerns upon clear direction on what is required to be provided. Joanne Markiewicz, Director, Collier County Procurement Services reported the vendor has provided backup detail for the invoices as required under the contract. The Council requested representatives from the vendor, Tourism Dept., Clerk's Finance Office and County Purchasing meet in an attempt to resolve the issue and for Mr. Wert to provide an update at the next meeting. Council representation for the Pickleball Tournament The Council reported Ms. Kerns will be their representative for the US Open Pickleball Championships. c. ITB #16-6623 Wildlife Receptacle Containers - Barry Williams Mr. Williams presented the Executive Summary "Recommendation to approve the expenditure of $58,803 for the purchase of wildlife proof waste receptacles for Collier County beach park facilities under TDC Category "A"grant and make a finding that this expenditure promotes tourism" dated April 25, 2016 for consideration. He noted the item was previously recommended for approval by the Council however the department had to provide an"Invitation to Bid"to any interested vendors; a requirement of the Board of County Commissioner's purchasing policy. Mr. Olesky moved to recommend the Board of County Commissioners approve the expenditure of $58,803 for the purchase of wildlife proof waste receptacles for Collier County beach park facilities under TDC Category "A"Grant and hereby finds the item promotes tourism. Second by Ms. McLeod. Carried unanimously 9—0. d. Restripe Vanderbilt Beach Parking Garage- Barry Williams Mr. Williams presented the Executive Summary "Recommendation to approve the expenditure of Category "A"Beach Park Facility Tourist Tax funds for restriping the parking garage at the County's Vanderbilt Beach Park for$28,347 and make a finding that this expenditure promotes tourism" dated April 25, 2016 for consideration. He noted the work is to apply thermoplastic traffic markings in the parking garage. Mr. Sacher moved to recommend the Board of County Commissioners approve the expenditure of Category "A"Beach Park Facility Tourist Tax funds for restriping the parking garage at the County's Vanderbilt Beach Park for$28,347 and hereby finds the item promotes tourism. Second by Mr. Olesky. Carried unanimously 9—0. Mr. Chaudhry left the meeting at 10:00 a.m. e. TDC Cat. A Grant Application—Ann Olesky Fishing Pier Repair- Barry Williams Mr. Williams and Mr. McAlpin presented the Executive Summary "Recommendation to approve one (1) Collier County Tourist Development Council Category "A" Grant Application for Beach Park Facilities for Fiscal Year 2016/2017 in the Total Amount of$310,000, reallocate tourist 4 April 25, 2016 development funds from Category "A" beaches to Category "D"fishing piers with a supermajority vote of the Board, and make the finding that the project promotes tourism" dated April 25, 2016 for consideration. They noted: • The County Ordinance caps the amount to be funded out of the Category "D" "fishing pier" at a maximum of$200,000 annually. • Currently the $200,000 (for a 4-year period) is allocated to the Naples Pier and Staff is requesting the item be funded via reallocation of funds from Category "A." • The reallocation requires a super majority vote of approval by the BCC. Ms. Becker moved to recommend the Board of County Commissioners approve one (1) Collier County Tourist Development Council Category "A" Grant Application for Beach Park Facilities for Fiscal Year 2016/2017 in the Total Amount of$310,000, reallocate tourist development funds from Category "A"beaches to Category "D"fishing piers with a supermajority vote of the Board and hereby finds the item promotes tourism. Second by Mr. Hill. Discussion occurred noting it may be beneficial to determine if other funding sources are available and for staff to identify the status of the funds pre approved for the Naples Pier renovation in the Executive Summary. Ms. Becker amended the motion to recommend the Board of County Commissioners approve one (1) Collier County Tourist Development Council Category "A"Grant Application for Beach Park Facilities for Fiscal Year 2016/2017 in the Total Amount of$310,000, reallocate tourist development funds from Category "A"beaches to Category "D"fishing piers with a supermajority vote of the Board and hereby finds the item promotes tourism. The motion is subject to: 1. Determining if an alternate revenue stream for the project is available. If there is an alternate source available, it be utilized providing it does not create a delay in completing the work. 2. Staff revising the Executive Summary identifying the status and timeline for the encumberment of the funds in relation to the Naples Pier renovation. Second by Mr. Hill. Carried unanimously 7— 0. Mr. Olesky abstained. f. TDC Cat. A Grant Application Beach Facilities Seasonal Maintenance Staff—Barry Williams Mr. Williams and Mr. McAlpin presented the Executive Summary "Recommendation to approve one (1) Collier County Tourist Development Council Category "A" Grant Application for Beach Park Facilities for Fiscal Year 2016/2017 in the Total Amount of$39,868 and to make the finding that these expenditures promote tourism" dated April 25, 2016 for consideration. They noted: • The proposal is to employ 4 seasonal job bank personnel to manage the rest room facilities, and assist in disposal of on-site refuse, etc. • The item would be funded from monies dedicated to capital expenditures and the County Attorney has opined the proposal is permitted under the Statute if the Council can find the expenditure promotes tourism. • Items of this nature have been funded from revenue generated by the sale of beach parking stickers, however adequate funds are not available in the account to support the activity. • The expenditure has not been proposed in the Department's Fiscal Year 16/17 budget and consideration is being given to increasing the fee associated with the acquisition of a beach parking sticker. 5 April 25, 2016 Council discussion occurred noting it may be prudent to fund the item through the department's operating budget on an as needed basis. Mr. Hill moved for the Council to find the expenditure promotes tourism and recognize the necessity for the expenditure to serve the facilities on a seasonal basis however recommends the item be funded from a source other than a grant from the beach park facilities account. Second by Ms. Becker. Carried unanimously 8— 0. Staff reported they will present the item to the BCC as recommended, and if necessary will return to the Council with a grant application to fund the item. g. FY 16/17 TDC Category A Beach Park Facilities Grant Applications (Fund 183) Mr. Williams presented the Executive Summary "Recommendation to approve six (6) Collier County Tourist Development Council Category "A" Grant Applications for Beach Park Facilities for Fiscal Year 2016/2017 in the Total Amount of$2,165,000.00 and to make the finding that the projects promotes tourism" dated April 25, 2016 for consideration. He identified the following requests: • Barefoot Beach Preserve - $40,000 • City of Naples Lowdermilk Park Pavilion Concession Repair- $100,000 Dana Sousa and Mike Leslie from the City of Naples reported the City will be responsible for any costs in excess of the $100,000 requested for the project. • Clam Pass Electrical Upgrade - $800,000 Mr. Williams reported the Parks and Recreation Advisory Board recommended the Naples Grande Beach Resort be contacted to determine if they may assist in funding the project. To date he has not received a response from the representatives of the company. The Council determined to remove this item from the request until the funding sources have been finally identified and for Staff to return with an out of cycle grant request. Commissioner Taylor left at 11:00 a.m. Ms. Becker assumed the Chair • North Shore Gulf Access at the end of Seagate Drive in North Naples - $260,000. The Council recommended Staff contacts the Gulf Shore Association of Condominiums to coordinate with them on any plans they may have in the area. • Tigertail Beach Park- $690,000 • Vanderbilt Beach Park - $275,000 Mr. Miller moved to recommend the Board of County Commissioners approve six (5) Collier County Tourist Development Council Category "A"Grant Applications for Beach Park Facilities for Fiscal Year 2016/2017 in the Total Amount of$1,365,000.00 and hereby finds the item promotes tourism. Second by Ms. Kerns. Carried unanimously 7—0. Mr. Sacher left the meeting at 11:04 a.m. Ms. McLeod left the meeting at 11:04 a.m. h. FBU Media Coverage Contract Mr. Wert presented the Executive Summary "Recommendation to approve an agreement between 6 April 25, 2016 Collier County and Football University ("FBU")for media coverage for the December 2016 Football University (FBU) event and make a finding that this expenditure promotes tourism" dated April 25, 2016 for consideration. He noted an investigation will occur to determine if Paradise Advertising can fulfill the duties required under the agreement. Mr. Miller moved to recommend the Board of County Commissioners approve an agreement between Collier County and Football University ("FBU")for media coverage for the December 2016 Football University (FBU) event and hereby finds the item promotes tourism. Second by Mr. Olesky. Carried unanimously 5— 0. Ms. McLeod returned at 11:08 a.m. i. Representative for FBU Media Event The Council reported Ms. Becker would represent them at the event. Break: 11:10 a.m. Reconvened: 11:20 a.m. Mr. Miller did not return 8. Old Business a. Paradise Advertising Payment Analysis—requested follow up from 3-28-16 Continued to the next meeting. 9. Marketing Partner Reports Mr. Wert presented the Slideshow"Marketing Partner Reports—April 25, 2016" including the following reports presented by staff and consultants: a. Research Data Services—Dr. Walter Klages "Research Report—Klages Research and Research Data Services, Inc. b. Paradise Advertising— Cedar Hames/Nicole Delaney "Paradise Advertising and Marketing, Inc—Marketing Report" c. Lou Hammond & Associates—PR Services—Jonell Modys "Lou Hammond&Associates and CVB PR Team Public Relations Report" Mr. Wert left the meeting at 11:50 a.m. d. Tax Collections—Buzzy Ford "Collier County Tax Collector Tourist Tax Collections" e. Miles Media, Inc. —Website Activity—Buzzy Ford "Web Site Analytics" f. Atilus— Search Engine Optimization—Buzzy Ford "Digital/Social Media Marketing" g. Phase V - Fulfillment Services—Buzzy Ford 7 April 25, 2016 ., "Phase V Fulfillment Services" 10. Tourism Staff Reports The following reports were submitted by staff: a. Director—Jack Wert b. Sales & Marketing—Debi Benedetti c. Public Relations & Communications—Jonell Modys d. Film Office—Jack Wert e. Sports Council—Jack Wert f. International Representatives—Jack Wert g. Visitor Centers—Lori Lou Waddell 11. Detailed Staff Reports Submitted 13. Next Scheduled Meeting Date/Location—May 23,2016—8:30 a.m. Collier County Government Center,Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail, Naples, Florida 34112 There being no further business for the good of the County, the meeting was adjourned by order of the acting-chair at 11:59 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Chairman, Commissi ner Penny Taylor These minutes approved by the Board/Committee on as presented or as amended V . 8 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAMENAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE CI eSeki I F, l "sVJ " CoILIevCoovl-w -Tourist De uelopmevri-CoOnci MAILING ADDRffS THE BOARD,COUNCILS 6'JMMISSION,AUTHORITY OR COMMITTEE ON /^ / 7- l WHICH I SERVE IS A UNIT F: L I t f i C !1±A��6/�/ /0 ❑CITY COUNTY ❑OTHER LOCAL AGENCY CITY7-�41 04/C` COUNTYI I(ey NAME OF POLITICAL SUBDIVISION: /�UI I('e r cc1)►'I 1"t DATE ON WHICH VOTE OCCURRED t/�C,J� l• _.l flpP1( 2S1 20110 MY POSITION IS: 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative"includes only the officer's father, mother, son, daughter, husband, wife, brother, sister,father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). w x w e s w • • r r w ♦ ♦ • w ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM BB-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. - You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. r]� '/DISCLOSURE OF LOCAL OFFICER'S INTEREST I, G� `1 S�i 0)lp sK I , hereby disclose that on /419 K1 I 25 ,20 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; Cmoj have jYl tAved) inured to the special gain or loss of my business+associate, • inured to the special gain or loss of my relative, • inured to the special gain or loss of ,by whom I am retained;or ' inured to the special gain or loss of ,which is,the parent organization or subsidiary of a principal which has retained me. - (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: 1-"DC eye nd a z+ems 1c1 (e". Ann Olesk Fislri►A Pie( R epai✓s. Z cure own a lousiness on --tom ropervm ick) rOJerne s t) er. CAA) Vege-z-Aer �enP Orn 'Mp 4 Date Filed ' • r-�� P� NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB-EFF. 1/2000 - - PAGE 2