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Backup Documents 04/23/2013 Item # 9B 9Y r , COLLIER COUNTY FLORIDA Cpl �,����'A REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS +',"'' • To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dept/Div: Tourism Person: Jack Wert,Director Date: March 27,2013 Petition No. (If none,give brief description): None Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+days before hearing.) April 23,2013 (ad to run no later than WEDNESDAY,APRIL 10,2013) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location& Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX,AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO REALLOCATE CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMINATE THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF NO FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes,what account should be charged for advertising costs: P.D. 4500143074 Reviewed by; * g-9 `i-4. .w �t`- 4/1/13 Date Division Administrator or Designee List Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ******************************************************************I***************************************** FOR CLERK'S OFFICE USE 0 I 1 Date Received: Date of Public hearing: 1-1 96 Date Advertised: 1-4 f b �(3 Ann P. Jennejohn 9 8 From: BrockMaryJo <MaryJoBrock @colliergov.net> Sent: Monday, April 01, 2013 9:20 AM To: Minutes and Records; Neet, Virginia Cc: Green, Kelly Subject: FW: Request for Legal Advertising Attachments: FINAL TDC Ordinance Amendment - CMG initialed -3-27-13.pdf;Advertising Request - TDC Ordinance Amendment - 3-27-13.docx Thank you Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email From: GreenKelly Sent: Monday, April 01, 2013 9:05 AM To: BrockMaryJo Cc: NeetVirginia; WertJack Subject: Request for Legal Advertising MJ, Attached is a request for legal advertising and accompanying TDT Ordinance Amendment. I have included the purchase order number on the signed request. Can you please forward to the Clerk to the Board to initiate the process? Thanks, Kelly Kelly Green Tourist Development Tax Coordinator Naples,Marco Island,Everglades Convention&Visitors Bureau 2800 N.Horseshoe Drive Naples,FL 34104 (239)252-2384;(239)252-2404 fax KellyGreena■colliergov.net Discover Florida's Last Paradise (.cf r t l y u U £ d 3 y r c ui 10 a.<.�',IS �. t ,.=.x ._3,.'$ �cas ,_ t nas■ cUsee Ur, cur.;.;th.,.,. h Posing 1 9B ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO REALLOCATE CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMINATE THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF NO FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through its adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3`d and 4th percent tourist development tax; and WHEREAS, subsequent amendments to Ordinance No. 92-60, as amended, included Ordinance No. 2009-58, Ordinance No. 2010-44, and Ordinance No. 2012-08 which temporarily reallocated certain Tourist Development Tax funds; and WHEREAS, the time periods established for these temporary reallocations of Tourist Development Tax funds have expired; and WHEREAS, the Board, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan in order to redistribute certain Tourist Development Tax funds and eliminate expired provisions that are of no further force and effect; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. Words Underlined are added;Words Struck Hugh are deleted. Page 1 of 7 9B NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended to read as follows: SECTION THREE- USES OF TAX REVENUES. (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24-month period was $7,000,000.00,less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County,Florida. The additional tourist development tax (4th percent) shall be used to finance tourism promotion as provided herein. The tax district shall include the entire eo hic g �a p area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent(4th percent)tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORYA To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach,shoreline or inland lake or river. Words Underlined are added;Words Sisk- ugh are deleted. Page 2 of 7 9B •4 Percentage ofNet Revenue 30 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. CATEGORYB To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall 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. Percentage of Net Revenue 2343-6 43.438 percent of the two percent tax and 100 percent of the additional one percent tax(4th percent) CATEGORY C To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage ofNet Revenue 26.761 23.978 percent of the two percent tax. amount two-pax. Sub-categories: C(1): County owned or operated museums: 21-0 19.214 percent C(2): Municipal owned museums and museums owned and operated by not for profit organizations open to the public: 4.764 percent CATEGORY D To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Words Underlined are added;Words Hugh are deleted. Page 3 of 7 9 Percentage of Net Revenue Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. It is the intent of this division that the above uses shall be funded separately, but collected. (2) The additional one percent tax revenues(3rd percent)collected pursuant to Section TWO (F) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The additional one percent tax (4th percent) collected pursuant to Section TWO (G) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (4) The Disaster Recover Advertising Fund will the 23.236% of the 2% tax to maintain a maximum level of $1 million $500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up to a maximum of$500,000.00 per fiscal year from the General Fund. • , - ._ _ _ .. . . - ":" _ •- • lt-is-the-intent-ef-the• dollars i the t,+.,«e Words Underlined are added;Words Struck— rees are deleted. Page 4 of 7 9 B PI (4)(5) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32%of the total Category`B"revenue. b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A" revenues. These charges to be split 75% to Fund 195 (Beaches) and 25%to Fund 183 (Beach Park Facilities). This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of Category "A" revenues. (5)(,60 The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (-6)(21 The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the ■ same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited,an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. Words Underlined are added;Words Eck Through are deleted. Page 5 of 7 9 B t: (7) The sum of $1,000,000.00 annually alloeated for Category "A" Beach Park Facilities Fund 183 shall be reallocated to Fund 181 to be used for ex-tended- -the-Bear-d: • -• .. .. . .. .. . .• ••• •e - • •I• • Museums to be used for a one time payment pursuant to a Category C (2) (11)LK The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words Underlined are added;Words Slfuslk-Threugh are deleted. Page 6 of 7 ► 9B SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County,Florida, this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN Approved as to form and legal sufficiency: •leen M. Greene Assistant County Attorney Words Underlined are added;Words Eck Throes are deleted. Page 7 of 7 98 t Acct #065229 April 1, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 1992-60 Dear Legals: Please advertise the above referenced notice on Wednesday, April 10, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500143074 9B NOTICE TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 23, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3'D PERCENT) , AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125 . 0104 , FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES, " IN ORDER TO REALLOCATE CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMINATE THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF NO FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 99 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, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) Teresa L. Cannon 9 B To: Legals NDN (legals @naplesnews.com) Subject: Amending 92-60, Tourist Development Tax Attachments: Amending 92-60 Tourist Development Tax.doc;Amending 92-60 Tourist Development Tax.doc Legals, Please advertise the attached legal ad on Wednesday,April 10, 2013.Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 9 B Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Monday,April 01, 2013 2:17 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASA150jpg Hi Teresa, Please provide approval ASAP for publication on 04.10.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora@naplesnews.com naplesnews.com ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 04/01/13 Publication NDN Account Number 777187 Ad Number 1984707 Total Ad Cost $274.86 • 1 NOTICE TO CONSIDER ORDINANCE 9 B Notice is hereby given that on Tuesday, April 23, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tarniami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a County Ordinance The meeting 'will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60„ AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COWER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THL LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDI11ONAL 1 % TAX (3RD PERCENT), AND AN ADDITIONAL 1 % TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDINi SECTION THREE, *USES OF TAX REVENUES,' IN ORDER TO REALLOCATE CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMINATE THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF NO FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE All persons wishing to speak on a IIV agenda item must register with the County administrator prior to presentation of the agenda tern to be addressed Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item . Persons wishing to have vvritten or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record, Any person who decides to appeal a decision of the Board will need a record of the h f n e that proeee-,ngs pertaining thereto anc j there ore, may e d ensure tha a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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 Tantiarni Trail East, Suite #101, Building W, Naples, Florida 31112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, 0-1AIRVVOMAN DWIGHT E BROCK. CLERK By Teresa Cannon, Deputy Clerk (SEAL) April 10, 2013 No. 1984707 Teresa L. Cannon 98 From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Monday, April 01, 2013 2:26 PM To: Teresa L. Cannon Subject: RE:Ad Confirmation Ad looks good and the title matches the ordinance. Colleen is out today, so I will give the OK. Dinny Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Monday,April 01, 2013 2:20 PM To: NeetVirginia Subject: FW: Ad Confirmation Please review Teresa L. Cannon, BMR Clerk Ill Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Monday, April 01, 2013 2:17 PM To:Teresa L. Cannon Subject:Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 04.10.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you?Call us at(239) 213-6000 1 Thank you for placing your ad. 9B I Date 04/01/13 Publication NDN Account Number 777187 Ad Number 1984707 Total Ad Cost $274.86 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 199 Teresa L. Cannon To: Polidora, Carol Subject: RE:Ad Confirmation Looks good, ok to run. Teresa L. Cannon, BMR Clerk Ill Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon @collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora @naplesnews.com] Sent: Monday,April 01, 2013 2:17 PM To:Teresa L. Cannon Subject:Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 04.10.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read.Learn.Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 04/01/13 Publication NDN Account Number 777187 Ad Number 1984707 Total Ad Cost $274.86 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Amy Davidson, who on oath says that she serves as Inside Sales Supervisor of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on April 10, 2013. NOTICE TO CONSIDER ORDINANCE 9B Notice is hereby given that on Tuesday, April 23, 2013, in the Boardroom, 3rd Floor, Administration Building Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92.60, AS AMENDED, ALSO CITED AS SECTION 126 -83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, 1% TAX (3RD PERCENT), AND AN TOURIST ADDITIONAL TAX ( ADDITIONAL TH % RD PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES;' IN ORDER TO REALLOCATE CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMINATE THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF NO FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by'the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the - proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 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, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the,County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) No 1964707 . AnrFt 10 2013 Affiant fiirther says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicat' n in the said newspaper. (Signature f affiant) Sw to an subscr* ed b fore me Th' 3rd day ul , 20 (Signature of notary public) CAROLPOLIGORA MY COMMISSION # EE 851758 Q; EXPIRES: November 28,2014 i pF 4 ` Bonded Thru Pichard Insurance Agency I y ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG /4/24/13 4. BCC Office Board of County G * \IV Commissioners j (-k\ V-7- 5. Minutes and Records Clerk of Court's Office --Tes()(\ 4243 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jack Wert, irector,Tourism Phone Number 252-2402/ Contact/ Department '�� Agenda Date Item was 4/23/13 Agenda Item Number C� Approved by the BCC ! `�.) Type of Document Ordinance—Amending TDC Ordinance Number of Original One Attached 1.4f)(3 - 30 Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's CMG Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip CMG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwar ng to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awa a of your deadlines! 8. The document was approved by the BCC on 4/23/ and all changes made during the CMG meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by : CMG BCC, all changes directed by the BCC have been made,and the document is read for the )r, . ',i Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. . '.05;Revised 11/30/12 98 MEMORANDUM Date: May 3, 2013 To: Jack Wert, Director of Tourism Collier County Tourism Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2013-30: Amending the TDC Ordinance Attached is a copy of the ordinance referenced above (Item #9B) approved by the Board of County Commissioners on April 23, 2013. The Minutes & Records Department will hold the second original agreement in the Board's Official Record. If you have any questions please feel free to contact me at 252-8411. Thank you. Attachment 9 8 MEMORANDUM Date: May 3, 2013 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinances 2013-28, 2013-29 and 2013-30 Attached for your records is a copy of the validated ordinance referenced above, adopted by Collier County's Board of County Commissioners on April 23, 2013. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 98 ORDINANCE NO. 2013 - 0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92-60, AS AMENDED, ALSO CITED AS SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX, AN ADDITIONAL 1% TAX (3RD PERCENT), AND AN ADDITIONAL 1% TAX (4TH PERCENT) THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED; BY AMENDING SECTION THREE, "USES OF TAX REVENUES," IN ORDER TO REALLOCATE CERTAIN TOURIST DEVELOPMENT TAX FUNDS AND ELIMINATE THOSE PROVISIONS THAT HAVE EXPIRED AND ARE OF NO FURTHER FORCE AND EFFECT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 125.0104, Florida Statutes, provides for the levy of a local option tourist development tax by any county; and WHEREAS, on August 18, 1992, the Board of County Commissioners (Board) adopted Ordinance No. 92-60, which levied and imposed a 2% tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended; and WHEREAS, through its adoption of Ordinance No. 95-56 and Ordinance No. 2005-43, the Board levied an additional 3rd and 4th percent tourist development tax; and WHEREAS, subsequent amendments to Ordinance No. 92-60, as amended, included Ordinance No. 2009-58, Ordinance No. 2010-44, and Ordinance No. 2012-08 which temporarily reallocated certain Tourist Development Tax funds; and WHEREAS, the time periods established for these temporary reallocations of Tourist Development Tax funds have expired; and WHEREAS, the Board, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan in order to redistribute certain Tourist Development Tax funds and eliminate expired provisions that are of no further force and effect; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. Words Underlined are added;Words Struck Through are deleted. Page 1 of 7 913 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92-60, AS AMENDED. Section Three is hereby amended to read as follows: SECTION THREE - USES OF TAX REVENUES. (a) The tax revenues received pursuant to this division shall be used to fund the County Tourist Development Plan, which is hereby amended as follows: Tourist Development Plan The two percent tourist development tax was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district includes the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24-month period was $7,000,000.00, less costs of administration. The additional one percent tourist development tax (3rd percent) was levied throughout the county beginning the first day of January, 1996. A majority of the electors of Collier County voting in a straw referendum election approved the continuation of the additional one percent tourist development tax prior to June 30, 2000, therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this Ordinance. The tax district shall include the entire geographic area of Collier County, Florida. The additional tourist development tax (4th percent) shall be used to finance tourism promotion as provided herein. The tax district shall include the entire geographic area of Collier County, Florida. (1) The categories of use of the two percent, one percent (3rd percent) and additional one percent (4th percent) tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORYA To finance beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Words Underlined are added;Words Struck Through are deleted. Page 2 of 7 98 Percentage of Net Revenue .0 32.584 percent of the two percent tax and 100 percent of the one percent tax (3rd percent), reduced by the amount required for Category D. CATEGORY B To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism to Collier County and to fund convention bureaus, tourist bureaus, tourist information centers and news bureaus as county agencies. If tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall 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. Percentage of Net Revenue 23.236 43.438 percent of the two percent tax and 100 percent of the additional one percent tax (4th percent) CATEGORY C To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned or operated museums or municipal owned museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net Revenue 26.761 23.978 percent of the two percent tax. This amount from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 26.761 percent of the two percent tax. Sub-categories: CO): County owned or operated museums: 22,0 19.214 percent 'C(2): Municipal owned museums and museums owned and .operated by not for profit organizations open to the public: 4.764 percent CATEGORYD To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publicly owned and operated. Words Underlined are added;Words Struck Through are deleted. Page 3 of 7 98 Percentage of Net Revenue Amount budgeted for this category by the Board of County Commissioners each fiscal year, but not to exceed $200,000.00. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000.00. It is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. • ion that the above . - . • • .. . - , .. collected. (2) The additional one percent tax revenues (3rd percent) collected pursuant to Section TWO (F) shall be used to finance beach park facilities, beach improvement, maintenance, renourishment, restoration and erosion control including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. (3) The additional one percent tax (4th percent) collected pursuant to Section TWO (G) shall be used entirely to finance tourism promotion including advertising, public relations, promotion, research and fulfillment. It is the intent of the Board of County Commissioners to maintain this new level of tourism promotion dollars in the future. (4) The Disaster Recover Advertising Fund will continue to be financed from the 23.236% of the 2% tax to maintain a maximum level of $1 million $500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up to a maximum of $500,000.00 per fiscal year from the General Fund. A -- - . 2% tax after fulfillment of the above uses in the 23.236% of the 2% tax will be distributed to Category "B" (Marketing and Promotion). It is the intent of the dollars in the future. Words Underlined are added;Words Struck Through are deleted. Page 4 of 7 9 (4)(5) Administrative costs. a. Tourism promotion administrative costs (Fund 194) shall not exceed 32% of the total amount collected each fiscal year for Category "B" revenue. This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 32% of the total Category`B" revenue. b. Project Management (Fund 185), Indirect Overhead, and Program Administration in support of Fund 195 (Beaches) and Fund 183 (Beach Park Facilities) shall not exceed 15% of Category "A" revenues. These charges to be split 75% to Fund 195 (Beaches) and 25%to Fund 183 (Beach Park Facilities). This amount may be amended upwardly or downwardly each budget year provided that the amount of the budget does not exceed 15% of Category "A" revenues. (5)(6) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (6)(7) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, the amount of tourist development tax receipts used to pay debt service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audit, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount equal to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a certificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided herein. Words Underlined are added;Words Struck Through are deleted. Page 5 of 7 9R (7) The sum of $1,000,000.00 annually allocated for Category "A" Beach further extended by the Board of County Commissioners. (8) The sum of$500,000.00 annually allocated for Catastrophe Reserves from . . - . . • . . . . . . - - . . :- - - . marketing for a period of one year from enactment of this amendment, at which time this provision will expire and be of no further force or effect unless further extended by the Board.. - 11,111 .. - - .. ($2,000,000.00) that is annually allocated for Major Beach Renourishment p - - • : -- -. - - . . • . . . - - - :4 - . - - further extended by the Board. owned museums and Museums owned and operated by not for profit organizations open to the public, to Fund 198 County owned or operated Museums to be used for a one time payment pursuant to a Category C (2) County owned and operated C (1) museum. This provision will expire and be of no further force or effect upon payment to Marco Island Historical Society. (11)(8) The above and foregoing tourist development plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words Underlined are added;Words Stmek—Thfough are deleted. Page 6 of 7 9 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this z.3,e\day of Slcc?\r , 2013. ATTES, ; BOA' s OF COUNTY COMMISSIONERS DWIGH`T:E. BROCK, CLERK COL IE r •• TY, FLORIDA •• ::i 1► • By �, t Clerk te''O' GIA A. HILLER, ESQ., attest as to Chaim y CHAIRWOMAN Approved as to form and legal sufficiency: ciacil2e,c-)YUkoAAJ2__ 'olleen M. Greene Assistant County Attorney Words Underlined are added;Words Struck Through are deleted. Page 7 of 7 913 STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-30 which was adopted by the Board of County Commissioners on the 23rd day of April, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of April , 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners UqW■AC-1-C _ 4C7 By: Teresa Cannon, Deputy Clerk