Agenda 10/08/2013 Item #16F2 Proposed Agenda Changes
Board of County Commissioners Meeting
October 8,2013
Add On Item 11E: Recommendation to approve and authorize the Chairwoman to sign a First
Amendment to Joint Participation Agreement between the Florida Department of Transportation and Collier
County to receive reimbursement for Construction services on the FDOT resurfacing project on SR951 from
Fiddler's Creek Parkway to South of SR90,along with the County's US-41 and SR/CR-951 intersection
project; to execute a Resolution memorializing the Board's action; and,to authorize the necessary budget
amendment; Project 60116. (Staffs request)
Add On Item 12A: Recommendation that the Board adopt a Resolution approving Amendment No.2 to
the Utility Work by Highway Contractor Agreement(UWHCA)between the State of Florida Department of
Transportation(FDOT)and the Collier County Water-Sewer District(UAO)as amended by Appendix,
Changes to Form Document,Amendment Number 1 dated April 23,2013. (County Attorney's request)
Continue Item 16D2 to the October 22,2013 BCC Meeting: Recommendation to approve amendment
No. 1 to the Community Development Block Grant(CDBG)Agreement between Collier County and
Goodwill Industries of SW Florida,Inc. (Commissioner Nance's request)
Continue Item 16D3 to the October 22,2013 BCC Meeting: Recommendation to approve amendment
#1 to the FY2012-2013 agreement between Collier County and Naples Equestrian Challenge for the
Community Development Block Grant(CDBG)project previously approved by the Board on May 14,2013.
(Fiscal Impact$0). (Staffs request)
Continue Item 16D7 to the October 22,2013 BCC Meeting: Recommendation to approve substantial
amendments to the FY2009-2010 and FY2010-2011 Annual Action Plans to clarify the project scope and
project funding for Goodwill Industries Microenterprise Project and Immokalee Housing&Family Services
Sanders Pines Playground Upgrades. This action also reduces the funding allocation for Goodwill Industries
Microenterprise Program from $32,949 to$32,640.10 utilizing U.S.Department of Housing and Urban
Development(HUD)Community Development Block Grant(CDBG)funds. (Commissioner Hiller's request)
Continue Item 16D9 to the October 22,2013 BCC Meeting: Recommendation to approve a Home
Investment Partnerships(HOME)Program Developer Agreement between Collier County and Big Cypress
Housing Corporation(BCHC)for construction of a Multi-Family Rental Housing Project consisting of a
minimum of Ten Single Family Rental Housing Units (Fiscal Impact$1,144,000). (Staffs request)
Move Item 16D12 to Item 11F: Recommendation to award Bid(ITB)#13-6136 for"Forest Lakes MSTU
Phase II& III Sidewalk,Lighting,Landscape and Turn Lane Improvements"Project to Quality Enterprises
Inc.,in the amount of$948,353.43. (Commissioner Henning's request)
Continue Item 16F2 to the October 22, 2013 BCC Meeting:
Recommendation to adopt criteria defining and classifying
activities using tourist tax revenue that "promotes tourism."
(Commissioner Fiala's request)
10/8/2013 16.F.2.
EXECUTIVE SUMMARY
Recommendation to adopt definitions and criteria to assist the Board when finding
that certain tourist development tax expenditures "promote tourism."
OBJECTIVE: That the Board of County Commissioners adopts the attached definitions
and criteria to assist the Board when finding that tourist development expenditures
promote tourism.
CONSIDERATIONS: The Board of County Commissioners on June 11, 2013,
requested that specific criteria be established that defines and classifies those activities
that "promote tourism." Section 125.0104, Fla. Stat., governs the procedure for levying
the tourist development tax and provides broad categories for the authorized uses of the
revenues generated from the same. The attached criterion provides specific examples of
activities that Collier County uses to "promote tourism." This criterion was developed
with input and counsel from the Tourism, Parks and Recreation, County Museums and
Coastal Zone Management Departments and the County Attorney's Office.
FISCAL IMPACT: There is no specific fiscal impact from this requested action. Future
uses of tourist tax revenue will include the resulting fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan from this action.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
recommended approval (5-0)of this item at the September 23, 2013 meeting.
LEGAL CONSIDERATIONS: Section 125.0104, Fla. Stat., and Collier County
Ordinance No. 92-60, as amended, clearly delineate the authorized uses of tourist
development tax. The Attorney General's Office, charged with interpreting the tourist
development statute, has repeatedly advised that the expenditure of tourist development
taxes pursuant to Section 125.0104, Fla. Stat., must be based on a determination by the
governing board of County that the activity directly and primarily promotes tourism.
Attorney General Opinion No. 01-42, issued to Collier County, provides: "the
determination whether a particular facility or project, tourist development plan, or
program is tourist related and furthers such primary purpose is a factual determination
which must be made by the legislative and governing body of the County founded upon
appropriate legislative findings and due consideration of the peculiars and prevailing
local conditions and needs."
This item is approved as to form and legality and requires majority vote for approval. —
CMG
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RECOMMENDATION: That the Board of County Commissioners adopts definitions
and criteria to assist the Board when finding that certain tourist development tax
expenditures "promote tourism."
PREPARED BY: Jack Wert, Tourism Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
Item Summary: Recommendation to adopt criteria defining and classifying activities using
tourist tax revenue that"promotes tourism."
Meeting Date: 10/8/2013
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
9/26/2013 11:57:32 AM
Approved By
Name: WertJack
Title: Director-Tourism,Tourism
Date: 9/26/2013 12:34:11 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 9/27/2013 1:43:52 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/27/2013 4:32:27 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/30/2013 11:11:24 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 9/30/2013 12:01:20 PM
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TOURIST DEVELOPMENT TAX USES FOR COLLIER COUNTY
Category "A" Funding Requests
Beach Renourishment or placing sand on the beach and beach maintenance are product
enhancement activities that enable the County to promote the quality of our well maintained
beaches to prospective visitors. These expenditures are specifically authorized by FS 125.0104*.
Regulation compliance and monitoring activities, beach and inlet project/program management
and administration along with dune vegetation planting and maintenance protects the quality and
integrity of our beaches and dunes so they may be promoted to prospective visitors. These
expenditures support the expenditures authorized by FS 125.0104 and are generally permit
requirements.
Inlet maintenance and dredging provide an inexpensive source of beach quality sand to
renourish and improve the quality of our beaches and dunes so they may be promoted to
prospective visitors. These activities are specifically authorized by Ord. No. 92-60, as amended,
and Collier County Resolution 2013-30*.
Beach Park Facilities are projects related to new construction, refurbishment or expansion of
existing facilities located on or adjacent to Collier County beaches with public access and are
necessary to maintain a positive beach visitor experience. These activities are a standard practice
of the tourism industry known as product development, enabling the County to promote the
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quality of our well maintained beach park facilities to prospective visitors. Funding for beach
park facilities is specifically authorized by FS 125.0104*.
Category "B" Funding Requests:
The requested use of tourist tax funding should have as one of its main purposes the attraction of
overnight visitors to Collier County as evidenced by the ability for the Tourism Department to
market and promote the funded activity, service, venue, or event to attract new or repeat visitors
to our area. These expenditures are specifically authorized by FS 125.0104*.
Category "C" Funding Requests
Projects should promote the heritage and culture of Collier County and encourage visitor
discovery and learning about our history. Projects should deliver high quality, capacity-building
initiatives through inclusive, accessible and audience-focused activities to strengthen our area's
attraction of visitors in the worldwide travel and tourism market. These expenditures are
specifically authorized by FS 125.0104*.
*See Tourist Development Tax Statute& Ordinance references on page 4
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EXAMPLES OF AUTHORIZED USES OF TOURIST DEVELOPMENT TAX:
CATEGORY"A":
Beach & Inlet Projects:
1. Beach maintenance includes beach raking and related necessary supplies
2. Beach renourishment includes FDEP required permit monitoring activities, such as sea
turtle monitoring
3. Dune plantings and maintenance provide protection against beach erosion and support a
healthy ecosystem
4. Engineering and additional professional services are required to implement any of these
beach related activities.
Beach Park Facilities Projects:
1. Structures, pathways, roadways, boardwalks
2. Machinery, parking areas and equipment, security systems
3. Restrooms, pavilions, shower facilities, concession areas, fixtures
4. Picnic tables, signage, storm water systems, irrigation systems
5. Playgrounds and shoreline improvements
CATEGORY `B"
1. Advertising and marketing services including paid media and digital advertising
production and placement, creative design production and printing of advertising, printed
materials and promotional literature, contests and sweepstakes and distribution of direct
and digital mail.
2. Public Relations services including journalist contact and story placement.
3. Design, creation and maintenance of websites, social media platforms
4. Research services and fulfillment of inquiry requests for information.
5. Travel and sales efforts including trade shows,tourism conferences and entertainment of
travel influencers.
6. Film and television production assistance.
CATEGORY"C"
County Owned Museums (C-1):
1. Operating costs
2. Advertising, Promotion and Public Relations expenses
Non-County Owned and Operated Museums (C-2):
1. Advertising and promotional expenses in out of county media in conjunction with a
heritage or cultural event or promotion to increase overnight visitation to Collier County
2. Printing and distribution of promotional pieces prior to an event or exhibit including
creative design,printing, copying, ad placement cost and distribution.
3. Creating an internet web site promoting the heritage or cultural event or exhibit linked to
the County's Tourism website to increase participation, attendance and awareness of the
event to generate hotel room nights and spending throughout the County.
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4. Costs to promote a major traveling exhibit or cultural event to encourage new or repeat
visitation to Collier County.
SUGGESTED EXECUTIVE SUMMARY LANGUAGE FOR EACH REQUEST FOR
USE OF TOURIST DEVELOPMENT TAX FUNDING:
"The above identified activities promote tourism by enhancing the tourism products, services and
activities offered to new and repeat visitors, enabling the County to promote those products,
services and activities to potential overnight visitors worldwide. These expenditures are
specifically authorized by FS 125.0104*."
LEGAL CONSIDERATIONS:
Section 125.0104, Fla. Stat., and Collier County Ordinance No. 92-60, as amended, clearly
delineate the authorized uses of tourist development tax. The Attorney General's Office,
charged with interpreting the tourist development statute, has repeatedly advised that the
expenditure of tourist development taxes pursuant to Section 125.0104, Fla. Stat., must be based
on a determination by the governing board of County that the activity directly and primarily
promotes tourism. Attorney General Opinion No. 01-42, issued to Collier County,provides: "the
determination whether a particular facility or project, tourist development plan, or program is
tourist related and furthers such primary purpose is a factual determination which must be made
by the legislative and governing body of the County founded upon appropriate legislative
findings and due consideration of the peculiars and prevailing local conditions and needs."
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*STATUTE & ORDINANCE REFERENCES:
The Local Option Tourist Development Act(Section 125.0104, Fla. Stat.) specifies the
authorized uses of revenues derived from the tourist development tax.
Definitions: FS 125.0104 Sect. 2 (b)
1. "Promotion"means marketing or advertising designed to increase tourist-related business
activities.
2. "Tourist"means a person who participates in trade or recreation activities outside the county
of his or her permanent residence or who rents or leases transient accommodations as described
in paragraph(3)(a).
For Category "A"projects, Section 125.0104 (5) (a) 4 authorizes funds to be used:
"To finance beach park facilities or beach improvement, maintenance, renourishment,
restoration, and erosion control including shoreline protection, enhancement, clean-up, or
restoration of inland lakes and rivers to which there is public access as those uses relate to the
physical preservation of the beach, shoreline, or inland lake or river."
Collier County Tourist Development Tax Ordinance No. 92-60, as amended, and County
Resolution 2013-30 includes pass and inlet maintenance as an authorized expenditure of the
tourist development tax.
For Category `B"projects,FS 125.0104 sections 2 (L) 4; 2 (n) 2; 5 (a) 2, authorizes tourist
development tax to be used as follows:
"Promote and advertise tourism in this state and nationally and internationally; however, if tax
revenues are expended for an activity, service,venue, or event,the activity, service,venue, or
event must have as one of its main purposes the attraction of tourists as evidenced by the
promotion of the activity, service,venue, or event to tourists."
For Category"C"projects, FS 125.0104 5 (a) 1 authorizes tourist development tax to be used
as follows:
"To acquire, construct, extend, enlarge, remodel, repair, improve,maintain, operate or promote
one or more museums that are publically owned and operated museums or owned and operated
by not-for-profit organizations and open to the public."
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