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TDC Minutes 05/19/2008 R May 19, 2008 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, May 19,2008 LET IT BE REMEMBERED, that Collier County Tourist Development Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the Following members present: Chairman: Commissioner Tom Henning Vice Chairman: Murray H. Hendel Susan Becker Clark Hill Rick Medwedeff Robert Miller Ed (Ski) Olesky John Sorey, III (Teleconference) Rod Popoff (Excused) ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Administrative Assistant MEETING AGENDA &. NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center, Administration Bldg. F, 3rd Floor. 3301 East Tamiami Trail, Naples, Florida 34112 MAY 19, 200B 9 a.m. Collier County Commission Chambers * Requires TOe ActIon I. Call to Order - Chairman Henning II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Approval of TOe Minutes * 1. * Regular Meeting April 28, 2008 VI. New Business 1. *Category "A" Beach &. Beach Park Facilities FY 2009 Grant Requests/Proposed Budget - Gary McAlpin a. Fund 195 Grant Requests b. Fund :wa.Grant Requests c. Hideaway Beach Erosion Control Structure Grant Request 2. *FY 2009 Category "B" Marketing Grant Requests - Jack Wert a. The Naples Players b. United Arts Council of Colller County c. Naples Historical Society 3. *Category C-1 County Museums FY 2009 Proposed Budget - Ron Jamro 4. *FY 2009 Category C-2 Non-County Owned Museum Grant Requests - Jack Wert a. Children's Museum of Colller County b. Conservancy of SW Florida c. Holocaust Museum of SW Florida d. Marco Island Historical Society e. Naples Art Association VII. Old Business 1. *FY 2009 Tourism Department Budget - Jack Wert 2. *Cape Romano Sand Source Development - Gary McAlpin 3. Naples Botanical Garden - Information Only VIII. Staff Report Presentations 1. Section I a. Paradise Advertising - Cedar Hames 2. Section II a. Director's Report - Jack Wert b. Search Engine Report - Jack Wert c. Website Report - Jack Wert d. Sales Manager Report - Debi Debenedetto e. P.R. Manager Report - JoNell Modys f. Film Coordinator Report - Maggie McCarty g. Sports Marketing Report - Ralph Pryor h. Phase V - Fulfillment &. Call Summary - Ginny DeMas IX. Detailed Staff Reports X. Announcements XI. Audience Input &. Discussion XII. Council Discussion XIII. Next Meeting Date/Location - June 23, 2008 - Collier County Government Center, Administration Bldg. F, 3rd Floor, 3301 East Tamiami Trail, Naples, Florida 34112 XIV. 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 3301 East Tamiami Trail, Naples, FL 34112, (239) 774-8380. Public comments will be limited to 5 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. May 19, 2008 I. Call to Order - Chairman Henning Chairman Henning called the meeting to order at 9:00 a.m. II. Pledge of Allegiance Pledge of Allegiance was recited. III. Roll Call A quorum was established. IV. Changes and Approval of Agenda Mr. Olesky moved to approve the agenda subject to the following changes: Item IV.l.b - from 193 Funds to "183 Funds" Item Vl.l.c - Wert noted correspondence was provided for this item Item VII. - Addition of #4, Vanderbilt Pier update Second by Mr. Hendel. Carried unanimously 7-0. V. Approval of TDC Minutes 1. Regular Meeting April 28, 2008 Ms. Becker moved to approve the minutes of the April 28, 2008 meeting. Second by Mr. Hill. Carried unanimously 7-0. VI. New Business 1. Category "A" Beach & Park Facilities FY 2009 Grant Requests/Proposed Budget - Gary McAlpin a. Fund 195 Grant Requests Gary McAlpin, Coastal Zone Management Director presented the Executive Summary entitled "Recommend approval of Category "A" Grant Applications from the City of Naples, The City of Marco Island and Collier County for FY-08-09." He noted the document is divided into 4 sections for approval: 1. Rel!ulatorv and Permit Compliance . The items are required by the permits issued from the Department of Environmental Protection. . The monitoring durations are different for the individual project permits. For the Biological Hard bottom the requirement is for years 1-3 and 5; for most beaches it is a 5-year schedule, for inlets it is a 3 or 5 year schedule. . The engineering contracts for their service are awarded based on a Collier County Professional Service Contract. (Typically, the monitoring is completed by the firm that completed the original project.) Chairman Henning noted in October 25,2005 the Board of County Commissioners changed the Category "A" funding policy for the Tourist Development Council and requested clarification on the status of the 2 May 19, 2008 Emergency funds held as the Florida Statute requires the Tourist Development Council to approve expenditures of these funds. Gary McAlpin state that the Tourist Development Council does approve the expenditure of these funds however they are not listed in the document as there are no requests for expenditure funds in these Categories at this time. He noted the funds accrue annually with the following fund balances available: . $3.5M in emergency Re- nourishment . $6M for Major Beach Re-nourishment . $6.5M unallocated funds for reserves that are unidentified for specific projects It was noted that the Hideaway Beach Groin/Physical Monitor - Collier County $25,000 line item is required under a previous agreement where 50% of monitoring costs would be funded by Collier County and 50% by Hideaway Beach (Hideaway Beach Special Tax District). This request is for the third year of a 5-year cycle. Mr. Medwedeffmoved to approve Section 1 of the document "Regulatory and Permit Compliance" in the amount of $871,200: Sea Turtle Protections Program - Collier County - $191,200 Beach Tilling - Collier County - $40,000 Clam Pass Inlet Monitoring - $20,000 Doctors Pass Inlet Monitoring - Collier County $20,000 Caxarnbas Pass Inlet & Marco South Beach Monitoring-Collier County - 45,000 Wiggins Pass Inlet Monitoring - Collier County - $30,000 Hideaway Beach Groin/Physical Monitor -- Collier County $25,000 Physical Monitoring Collier County Beaches - $150,000 Biological Hard bottom and Artificial Reef Monitoring-Collier County- $350,000 Second by Mr. Hill. Carried unanimously 7-0. 2. Planned Projects The planned projects were reviewed including the dredging cycles associated with them. It was noted that the Wiggins Pass Master Plan Engineering/Permitting line item-$300,000 is for the study currently underway to provide a permanent solution to stabilize the Pass. Mr. Olesky moved to approve Section 2 of the document "Planned Projects" in the amount of$I,900,000: Wiggins Pass Engineering /Dredging - Collier County $750,000 Wiggins Pass Master Plan Engineering/Permitting $300,000 Dredging Doctors Pass - City of Naples $750,000 Tigertail Beach Sand Placement Study - Marco Island - $50,000 3 May 19, 2008 Breakwater & Jetties of South Beach - Marco Island - $50,000 Second by Mr. Hill. Carried unanimously 7-0. 3. Beach Maintenance Gary McAlpin noted line item Beach Maintenance - City of Naples - $134,760 is an increase from the $71,200 approved from the previous year. The increase is for purchase of a new beach rake. The intent is to wait 6 months to expend the new capital request depending on the status of the budget. Ms. Becker moved to approve Section 3 of the document "Beach Maintenance" in the amount of$337, 760: Beach Maintenance - Collier County/Marco Island - $110,000 Beach Maintenance - City of Naples - $134,760 Vegetation Repairs/Exotic Removal- County Wide - $75,000 Naples Pier Annualized Repair & Maintenance - City of Naples - $18,000 Second by Mr. Hendel. Chairman Henning noted that pursuant to the Ordinance, line item 4 "Naples Pier Annualized Repair & Maintenance - City of Naples" - $18,000 should be placed under Category "D" Expenditures. Gary McAlpin noted that in the past the Category "D" funds have come out of the Category "A" funding and then divided between the 195 funds (2/3) and the 183 funds (1/3). He noted the Category "D" funds could be separated in the future, if necessary. Colleen Greene, Assistant County Attorney stated that these funds may be authorized under Category "A". Chairman Henning noted the Ordinance has 4 categories for funding A and D and would prefer placing the item under the Category "D" for funding. Gary McAlpin stated this would be acceptable and noted if the Council proceeds in this manner it will decrease the Category "A" Grant Application requests overall figure by $18,000. Ms. Becker amended the motion to remove line item 4 (Naples Pier Annualized Repair & Maintenance - City of Naples - $18,000) from the list of and approve the following requests: Beach Maintenance - Collier County/Marco Island - $110,000 Beach Maintenance - City of Naples - $134,760 Vegetation Repairs/Exotic Removal- County Wide - $75,000 Second by Mr. Hendel. Carried unanimously 7-0. Chairman Henning moved to approve the request Naples Pier Annualized Repair & Maintenance - City of Naples - $18,000 for consideration under Category "D". Second by Ms. Becker. Carried unanimously 7-0. 4. Administration Fees 4 May 19,2008 Gary McAlpin reviewed the Section stating that it is for Administration costs including employees, operating costs, etc. It was noted that there is an increase from the last fiscal year due to administrative costs for auditing DEP and FEMA permits, possible verbatim minutes when necessary, purchasing or repairs of capital equipment, etc. Chairman Henning noted that the Board of County Commissioners must approve a budgeting expenditure for verbatim minutes. A discussion ensued regarding the administration expenditures breakdowns for Fund 195 and 183. Gary McAlpin stated that he would provide more information on the breakdown to Council members. Mr. Medwedeffmove to approve item 4 of the document "Administration Fees" in the amount of$532,200: Fund 195 and 183 Administration - Collier County - $532,200 Second by Mr. Olesky. Carried unanimously 7-0. b. Fund 183 Grant Requests Gary McAlpin presented the Executive Summary "Recommend approval ofTDC Category "A" Grant Applications from Fund 183 Beach Park Facilities in the amount of$803,100. He noted the items were approved by the Parks and Recreation Advisory Board on April 16, 2008. Colleen Greene, Assistant County Attorney stated she finds that the funds requested are legally sufficient. Mr. Hendel requested clarification on the "lower Board's" approval requirements for the different fund categories. Gary McAlpin stated that the 183 Funds require approval from the Parks and Recreation Advisory Board and 195 Funds require approval from the Coastal Advisory Commission. Mr. Olesky moved to approve the Executive Summary "Recommend approval of TDC Category "A" Grant Application from Fund 183 Beach Park Facilities in the amount of $803,1 00." Second by Ms. Becker. Carried unanimously 7-0. c. Hideaway Beach Erosion Control Structure Grant Request Gary McAlpin, Coastal Zone Management Director presented the Executive Summary "Share Staff recommendation and obtain a finding from the Tourist Development Council that Hideaway Beach is subject to high erosion; Erosion Control Structures or "T -Groins" are appropriate solutions for erosion control in this location; and make a determination as to whether or not funding these structures is in the public interest." He provided a brief overview of the proposal noting that in 2005, the Tourist Development Council approved a one time agreement to fund re-nourishment of Hideaway Beach and the installation of 10 erosion control structures. Subsequent to this, there was the eradication of Coconut Island and the City of Marco Island is 5 May 19, 2008 concerned that the access road to the condominiums on the northern end of Hideaway Beach is threatened by erosion. They are currently working on a temporary and permanent solution to the problem and the Hideaway Special Taxing District and the City of Marco Island are now requesting $1.6M to fund 6 additional erosion control "T -Groin" structures to provide a permanent solution to the problem. He further noted that under the Tourist Development guidelines, Hideaway Beach is an "ineligible beach" as it does not meet the criteria for public access. The funding policy under section 5 allows funding possibilities for ineligible beaches based on findings that: . I) high erosion exists and . 2) erosion control structures are the proper solution and . 3) the project is in the public interest He stated Staff will stipulate the following: 1. Hideaway Beach is subject to high erosion 2. Erosion control structures or "T-Groins" are an appropriate permanent solution 3. Temporary erosion control structures should be implemented 4. That erosion control structures are needed, necessary and justified In addition, he stated that Staffs position is that public interest cannot be served without public access. In support of this position, he noted the following: . There is no public road to Hideaway Beach and in theory, you can access the beach from Tigertail Beach, however this is not practical as it is a long walk. . Private boating tours that access the area; however there are other beaches and shelling opportunities available in the area. . A private roadway serves the condominiums, and County policy in the past has been not to use public funds for private purposes. Further, he pointed out: . The BCC authorized a I-time expenditure of funds and this project was closed out and the new proposal should not be considered a "continuation" of the previous agreement. . The Coastal Advisory Committee did review the issue with input from the County Attorney and recommends in a unanimous vote with I abstention the funding of the proposal and recommended the Board of County Commissioners find that it is in the public interest. In closing, he stated that Staff finds this is not in the public interest because public interest without public accessibility is inappropriate. It was noted that Mr. Sorey was listening to the comments via the telephone. 6 May 19, 2008 Mr. Hill moved to allow Mr. Sorey to participate in the meeting via teleconference. Second by Mr. MedwedefJ. Mr. Sorey stated that he had heard Mr. McAlpin's presentation and was not present due to a previous commitment for a Naples City Council Meeting. Motion carried unanimously 7-0. Mr. Sorey joined the meeting at 9: 58AM Colleen Greene, Assistant County Attorney, addressed the Council noting the proposal has been reviewed by the Coastal Advisory Committee (CAe) and the main issue centers on "i f the proposal is a legal1 y authorized expenditure of Tourist Development Council funds." She noted that the CAC must make a finding that the area is subject to high erosion and that erosion control structures are the appropriate solution for erosion control. The issue of making a finding that the proposal is in the public interest is under the purview of the Board of County Commissioners. She reported that the CAC did make the findings as required and further recommended to the Board of County Commissioners that the proposal is in the public interest. Mr. Hendel noted that at the CAC meetings he asked Gary McAlpin - if Coconut Island was not in place at the time of the original requests, would the BCC have approved the additional T-Groins in the subject proposal. He understood the answer from Gary, was "yes". Based on that, the CAC voted that this is a high erosion area, and they recommended to the Board of County Commissioners that funding the proposal is in the public interest. Gary McAlpin clarified his position that if Coconut Island was not in place at the time, the original engineering probably would have included T-Groins in that location. He could not comment if the Board of County Commissioners would have funded them. A discussion occurred regarding a previous action on the original proposal by the Board of County Commissioners in 2005, and how this resulted in subsequent changes in the Tourist Development Council Funding Policy for ineligible beaches. Colleen Greene, Assistant County Attorney stated for the issue today, the Council should refer to Section 5(b) of the Tourist Development Funding Policy. Ms. Becker stated that she supports Gary McAlpin's research and findings and does not support funding of the proposal. It was noted that there have been past discussions and proposals for public parking and access for the area of Hideaway Beach, to date none of these have come to fruition. Speakers 7 May 19, 2008 Bruce Anderson of Roetzel and Andress, representing the Hideaway Beach Special Taxing District addressed the Council noting that the residents of this area voted to tax themselves to fund beach re-nourishment. Further, various public access proposals discussed above were approved by the District, however they were not completed due to opposition by Environmental Groups. He outlined the proposal, which requests $1.6M for erosion control structures. He noted that the District will fund an additional $1.9M for beach re- nourishment. He stressed the proposal is not for beach re-nourishment. The County Attorney has made a finding that this is eligible for Category "A" funding and recognized the above referenced Coastal Advisory Committee action. He outlined the City of Marco Island's position as follows: I) They view the request as an extension of the existing inter-local agreement to provide erosion control structures to complete the project initiated in 2004. 2) There is an emergency threat to the Public Health Safety and Welfare to the residents of Marco Island as not only is the roadway in danger, but public utility infrastructure as well. He further stated, the Big Marco Capri's Island Inlet Management Study approved in 1997 called for the installation and monitoring of erosion control structures for the Beach. At the time, the study contained a recommendation that was removed by the Board of County Commissioners which called for preliminary engineering design for the stabilization of Coconut Island and the County was warned at the time if Coconut Island washed away it would have a negative impact on the abutting coastline. If this recommendation would have been followed, there would be no request in front of the Council today. The dollar amount of the request is slightly less than the money generated on Marco Island from October 2007 through March 2008. In closing, the City of Marco Island has found that money generated on Marco Island should be utilized on the Island for these purposes and they should be afforded the same respect as the City of Naples. The requests meet all the criteria with matching funds by the applicant. Gary McAlpin stated that the City of Naples does not receive special treatment from the Tourist Development Council. In 2005, $1.5M was funded for Hideaway Beach re-nourishment and in 2007 $1. 7M was funded for the main Marco Beaches. Ken Humiston - Humiston and Moore presented a Power Point presentation regarding the existing conditions of the site and the specifics of the proposal as well as the success of the work completed under the previous proposal. He noted the area in question is eroding at a rapid rate with the shoreline now being only 65 feet from the roadway, and the public utilities are located 8 May 19, 2008 between the roadway and shoreline. Further, a storm erosion model completed for the area indicates a 10-year frequency storm would adversely impact the road. The area was not included in the 2005 project as Coconut Island was in place and the Beach was not subject to the current high erosion condition. The proposal is consistent with the inlet management plan referenced above. The proposed activity would be completed under a revision to the existing permit for the 2005 project, which is valid for 10 years. Richard Freeman, Chairman of the Marco Island Special District Board agreed with the comments of the previous speakers and wished to address the public access and public interest aspects ofthe application. In consideration of this issue, he noted in 1980, the original developers of Hideaway deeded the Tiger Pass portion for pedestrian access and the Caxambas Boat Access to Collier County as a tradeoff for the lack of public access to the area. He provided photos showing the public utilizing the Beach as well as public and private boats in the area utilizing it as well. In closing, he requested that the Tourist Development Council find the Beach is subject to high erosion, that the T -Groins are an acceptable solution and make a determination to expend $1.6M to fund this project as it is in the public interest. Mr. Medwedeff moved to approve the funding (use of Category "A" Tourist Development Council funds) in the amount of $J.6M for the T-groin installations at the Hideaway Beach facility. Second by Mr. Hendel. Ms. Becker stated that the area is subject to high erosion however, many of the comments did not address the issue of public interest. A discussion arose on the possible availability of Federal funds for this project, noting it may take longer than a year to obtain the funds and the problem needs to be addressed now. A question arose if the funds were expended by Collier County now, could they be reimbursed by the Federally approved funds at a later date. It was noted without a clear answer to the question, possibly the item should be continued or the motion re-structured to include researching this issue. Mr. Medwedeffrevised the motion and moved to approve the funding (use of Category "A" Tourist Development Council funds) in the amount of $1.6M for the T-groin installations at the Hideaway Beach facility. In addition, research be completed by Staff to determine the status of Federal funds for this project and possible re-imbursement to Collier County. This information and the addressing of other concerns (clarification on the 2005 approved Tourist Development Council funding policy) should be provided to the Board of County Commissioners for their deliberation in the item. Second by Mr. Hendel. 9 May 19, 2008 Mr. Miller noted most of the boats utilizing this area are not public, but private tour boats. Motion failed 4 yes -4 no. Chairman Henning, Mr. Sorey, Mr. Medwedeff and Mr. Hendel voted 'Yes." Mr. Olesky, Ms. Becker, Mr. Hill and Mr. Miller voted "no." Mr. Sorey moved to forward the application to the Board of County Commissioners based on the Tourist Development Council has determined the area is subject to high erosion and that the T-groins are a workable solution. Further, for the benefit for the Board of County Commissioners have Staff research the status of Federal funds for this project and possible subsequent re-imbursement to Collier County and research the minutes of the previous 2005 decision to clarify the intention of the revision to the Tourist Development Councilfunding policy. Second by Mr. Medwedeff. Chairman Henning noted that Tourist Development Council funds are not to protect property, but for beach re-nourishment in areas of public use. Mr. Sorey noted the intent of the motion is to satisfy the legal requirements and recommend that the application move forward to the BCC with the only question being who pays for the proposal, (with no recommendation from the Tourist Development Council on this issue) and the Board of County Commissioners make a finding if it is in the public interest. Chairman Henning noted it is not the Tourist Development Council who should make a recommendation on alternative funding sources. Gary McAlpin requested clarification on the intent of the motion, noting it is to satisfy the first two points of the TDC funding policy (the area is subject to high erosion and that T -groins are an appropriate solution) with no recommendation if the proposal is in the "public interest." Mr. Sorey agreed that is the intent of the motion with the inclusion of the two items to be researched. Motion carried 6 yes - 2 no. Chairman Henning and Mr. Hendel voted uno." Mr. Sorey left the meeting at JO:59AM Break 11 :OOAM Reconvene 11: 06AM 2. FY 2009 Category "B" Marketing Grant Requests - Jack Wert a. The Naples Players b. United Arts Council of Collier County c. Naples Historical Society 10 May 19, 2008 Jack Wert, Tourist Director presented the Executive Summary entitled "Review and Recommend Approval of Three (3) FY 09 Tourist Tax Category "B" Grant Requests and Subsequent Tourism Agreements Totaling $62,265." It was noted that the Naples Players original request was for $50,000 however the review committee recommended $25,000 for the first year program. Mr. Olesky moved to approve the Executive Summary Review and Recommend Approval of Three (3) FY 09 Tourist Tax Category "B" Grant Requests and Subsequent Tourism Agreements Totaling $62,265." Second by Mr. Hendel. Speakers Rhona Saunders, Naples Players Marketing Director noted this it is the first year application and requested they be appropriated additional money as provided for in the original application. Merlin Lickhalter, President ofthe United Arts Council of Naples thanked the Council for their support and briefly reviewed the Calendar distribution program and provided letters of support for the request. Motion carried unanimously 7-0. 3. Category C-l County Museums FY 2009 Proposed Budget - Ron Jamro Ron Jamro, Director Collier County Museum presented the Executive Summary "Recommend Approval of the FY 09 Category "C-I" Budget and Marketing Plan for the Collier County Museums." Mr. Hendel moved to approve the Executive Summary "Recommend Approval of the FY 09 Category "C-l" Budget and Marketing Plan for the Collier County Museums." Second by Mr. Olesky. Carried unanimously 7-0. 4. FY 2009 Category C-2 Non-County Owned Museum Grant Requests- Jack Wert a. Children's Museum of Collier County b. Conservancy of SW Florida c. Holocaust Museum of SW Florida d. Marco Island Historical Society e. Naples Art Association Mr. Hendel stated that he has a conflict of interest in the Holocaust Museum of Southwest Florida item (c) and will not be voting on this item. He has filed form 8B accordingly. Jack Wert Tourist Director presented the Executive Summary "Review and Recommend Approval of Five (5) FY 09 Tourist Tax Category "C-2" Grant 11 May 19, 2008 Requests and Subsequent Tourism Agreements Totaling $442,500" which encompasses items "a_e" above. It was noted page 2, line #2 of the Executive Summary should read "The request is for $150,000..." and not the $250,000 written in the Summary. Further, a request for a Veterans Memorial Grant was received too late for this meeting and will be presented at the next meeting. Jack Wert stated that there is a balance of approximately $230,000 of reserves left from this category following the proposed funding previously stated. Mr. Olesky moved to approve the Executive Summary Review and Recommend Approval of Five (5) FY 09 Tourist Tax Category "C-2" Grant Requests and Subsequent Tourism Agreements Totaling $442,500." Second by Ms. Becker. Speakers Taylor Wells of the Naples Art Association thanked the Council for their support. Motion carried unanimously 6-0. Mr. Hendel abstained. Mr. Hendel noted he was in favor of items a,b,d and e, which he had no conflict of interest and asked ifhe could register a vote separately on these items. Colleen Greene, Assistant County Attorney stated that this would require separate motions. VII. Old Business 1. FY 2009 Tourism Department Budget - Jack Wert Jack Wert, Tourism Director presented the Executive Summary entitled "Recommend Approval of Tourism Department Budget for FY 09." Mr. Hendel stated that Jack Wert had supplied him with the information requested from the previous meeting regarding FY '07, '08 and '09 with related percentage changes, etc. Mr. Hendel moved to approve the Executive Summary "Recommend Approval of Tourism Department Budget for FY 09." Second by Mr. Medwedeff. Carried unanimously 7-0. 2. Cape Romano Sand Source Development - Gary McAlpin Chairman Henning moved to approve the Executive Summary "Recommend approval of funding for the Cape Romano Shoal Sand Source Development by Coastal Planning and Engineering as outlined in the February 29,2008 proposal titled "Proposal for the Offshore Design Phase Geotechnical and Geophysical Investigation off Cape Romano, Collier 12 May 19,2008 County, Florida" for a time and material not to exceed price of $295,195." Second by Mr. Hill. Carried unanimously 7-0. 3. Naples Botanical Garden - Information Only It was noted that the Naples Botanical Garden did not apply for a Grant this year as it will be undergoing renovations as indicated in a letter from Brian Holley to Jack Wert dated May 6, 2008. 4. Vanderbilt Pier Feasibility Study Gary McAlpin noted that construction of the Vanderbilt Pier is no longer under consideration. The Board of County Commissioners has recommended Public Meetings for input on all Beach Park Facilities and for Staff to return with recommendations on critical upgrades that may be necessary on any of the Beach/Park Facilities. This study will include the status of the restrooms at Vanderbilt Beach. VII. Staff Report Presentations 1. Section I a. Paradise Advertising - Cedar Hames In Mr. Hames's absence, Dave Di Maggio of Paradise Marketing provided a PowerPoint presentation outlining monthly review of advertising and marketing efforts. The presentation centered on the "Values In Paradise" (VIP) program and the Board reviewed the "offer book/card and map" made available to the public for discounts with participating vendors. The promotion is valid for the "summer season." They are being distributed through the Chamber of Commerce Visitors Centers. It was noted that no coupons are necessary; an individual just needs to present the "card" to receive the discount. Mr. Miller expressed concern that the map and offers did not include businesses in Everglades/Park City Region. Jack Wert stated that Chamber of Commerce conducted a mailing to their respective members to solicit participation. He noted many attempts were made to notify any affected businesses. This is the first year of the program and it is expandable, so any businesses wanting to join the program may do so. 2. Section II Staff submitted the following reports to the Council for review: a. Director's Report - Jack Wert b. Search Engine Report - Jack Wert c. Website Activity Report - Jack Wert d. Smith Travel Report - Jack Wert 13 1--.-.------ May 19, 2008 e. Sales Manager Report - Debi Debenedetto f. P.R. Manager Report - Jonell Modys g. Film Coordinator Report - Maggie McCarty h. Sports Marketing Report - Ralph Pryor i. Phase V - Fulfillment & Call Summary - Ginny Demas IX. Detailed Staff Reports See attached reports submitted by Staff. X. Announcements None XI. Audience Input & Discussion None XII. Council Discussion Mr. Hill read his written comments into the record regarding the Paradise Coast Tourism Star Awards Luncheon hosted by the Collier Visitors and Convention Bureau at Marriot Marco Island Resort that commended the quality and professionalism of the Facility and Staff associated with the Marriot Resort as well as the overall event. Mr. Miller noted that this is the second year that the Everglades Region has been overlooked in the VIP program. Jack Wert noted that the issue is that the businesses in the area are not responding and any wishing to participate may be added to the web site promoting the package immediately. He noted he will correct any deficiencies in the notification process, if necessary. Ms. Becker recommended reviewing and possibly reducing the amount of information required for submittals in Grant Applications to help reduce costs to the organizations applying for Grants. Further, with regard to the VIP program, the avenue of solicitation should possibly be examined to ensure all necessary parties are aware of the promotion. XIII. Next Meeting Date/Location - June 23, 2008 - Collier County Government Center, Administration BLDG. F, 3'd Floor, 3301 East Tamiami Trail, Naples, Florida 34112 14 -1......_..~-_. May 19, 2008 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11 :55 A.M. COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Commissioner Tom Henning, Chairman These minutes approved by the Board/Committee on as presented or as amended 15 -T D,,-li-06 01 ,Zipm From-Col I !lr County AtlorlllY '1740ZZ5 T-51l POOl/DOl F-il! '" . FORM 88 MEMORANDUM OF VOTING CONFLICT FOR .COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .AS !-FIRS. -" ~y;; ~""o.cou~~'C~"'~orry"o. rn-.. " :&. U I -{ ( r __'l.t..~ .;,..;&ty ..." h. C,- MAl I Q CRESS ( lliE BOAlW, COUNCIL. ~ISSIO'\l, A ~TY OR COMMITTEE ON . 06 V\tlICH I SiRVE ISA l,INITOF': ~ - 0 OIlY COl.lNn' tJ OTHI;F!: L.OCALAG6NCY L-... NAME OFPOU11CAl.. SU!'IOiVISlQfl.t 1 , MY POimON IS: " EU!CTJVIi i APFOINTl'Vl! I I WHO MUST FILE FORM 88 II, This: form is; for use by any perMfl serving at the county, city, or other local level of government on an appointed or elected board, counCD. commission, authority, or committee, It applies equally to members of 8cMeory and nOf'l~advisory boc1/es who are presented with e vatil"l9 ! conflict of U"itere&t under Seeton 112.3143, Florido Statute,s. Your lesponeibilitie~ under the law w~en faced wrtn votll"lQ on .a measure in whioh you hav.t !: conflict of intefest wDI vary greatly depercing on whether you hold ii1n Ql9C1:rv8 or appointive poaitJon. For this reason, please pay close attention to the in$truatlone on this form before completing the reverse 5ide and filing the form I INSTRUCTIONS FOR COMPLIANCE WITH $I:~TION 11Z.3143, FLORIDA STATUT~S I j ~ pe~n holding elective or appointive cOlmty, municipal, Or oth8r local publie offic;e MUST ABSTAIN from voting on a mea$UI'G which Inufes to hi. or her speol.' private gein or 10"" Each elocted or appointed local officer .'00 ,. prohibned from <nowlngly voting On 8 mea- I ~ure which inures to the special gain 01' Joss of . prinCipal (otl'ler than s governrnent agency) by whom he or she is retaintld (Including the I paMnt oryaniza1ion Or' subljidiary of a corporate principal b}l wlllCh.tIe Of she Is r.tained~; to tho special private g.ain or 1055 of a relative; or I to the special private gain oll~$ of a bust\eSG Ms.ociate, Comm.~ioners of community rede'.relopment agQnClGs under See 16~.356 Or I 163.M7, F.S., and officer.. Of jr,de~enden: sceolal tax di:$tricts eJeCWd on a Oni-aCre, one-vote basts are not-p:Ohibited from 'Voting in th:ilt ' capacity Far purposes of this law. a "relative" Inelud6s onl~ the officer's fether, mcther, ~n, daughter, tlusband. wife, broth"'r, sister, father.jn-Isw, mother-in-law, &on-jn-Iaw, and daughter-In-11m. A ~bU51l1ess assoeiateH rrt8;1na any person or enti1y el"'lgaged in or carrying on a business :::nterpris8 with tile off\c@r .$ a partT1lir, joint venturer, OQowner of property, or corporate sherenolder (where the $haras of the oorporation are not listed on any national Of regional stot;k exchanae). ELECTED OFFICERS: Ir. addition to ab~t!linjng from voting In the situations described above. YOu mU$t disclose the conflict: F;RIOR TO mE VOTe BE!NG TAKEN by publicly stating to the assembly Ule nature of your interest in the measure 011 which YDU are abstlllnJng from voting; an('! WITHIN 15 DAYS A...'TER THE VOTE OCCURS by oompiebng and tiling thj~ form wfth the person responsible fC.,( (;COrdinS the min- utliiS of the meeting, ....-ho should incorporate the form in the minutes. . APPOINTED OFFICERS: AJt~ougt\ YOU must ilibf;tlilin from voting in the situation, described abovs, you o1tlerwl$~ may partJl;;lpatCl in thee~ mlilte~3. HOwever, you must disclose the nature of the con~lct before making any attempt to influence the decision, whether orally or in writIng and whBther rn3CQ by YOI,J or at your direction. IFYOU INTENO TO MA~E ANY ATTEMPT TO iNFLUENCE Tl-iE DECISION PRIOR TO Tl-iE MEE"'N<.J AT WHICH Tl-iE VOTE WILL BE TAKeN: i . YO'J m141: oomplete and file this form (before making any attempt to infLienCQ the decision) with the person r-espon!l:b!e f:j( recorr.Hng ~M>?": ~lute5 of the meetIng, who wm incorporf.lte the fo~ minutes. (Contlf'lued on other sl~_.~__ _,~ CE FORM 85- EFF, ",:1200c PAGE 1 D,,-li-06 From-Coll lOr County Att""~ T-m P OOllOOl Hli + mom 01 :Zip" ---I i APPOINTED OFFICERS (continued) i I I I I I I I I I I . A copy of the form must be proviCjed irTVTledlatel)l to the other members of the Qgency. . The form must be re~d publicly .at the: next meeting after 1he form II fiied. IF you MAKE NO ATrEMPT TO INFLUENC" TIjE DECISION fiXCEPT BY DISCUSSION AT THE MEETING You must disclose orally the natul'G of YO'Jr oonfict in the msaSt.lre before J)artlC'"Jpating. YOI,l ml.l15t oomplete the fOl'Tl: and lHe It within 15 days after the vote cx.'CUrS- with the person responsible for rncording the minutes of the meetrnQ, whO must j(1corl)Ot$te the form in the minutes. A copy Of the form must be provided im:T1cdiately to the! other members: Of:J. agency, and the [ann must be read publicly at the ne)(t meeting after the tonn is fded. /l'SCLOSURE OF LOCAL OFFICER'S INTEREST I_/li lJ Ii rT.L? H. t t{J.2i~ horoby dioclo.. _ on 171 c'j ) q (a) A measure earne crwill come before m~ agency which (check one) '20~ inured to my spQdal privatQ gain or 10M; inur~ to the special gsin o~ loss of my buaine&; associate.__ inur'ed to the &pedal gain or 1051;1 of my re!atlve. inurad ta the special gain or 10$! of , by whom I am teUiiined; or , } )__ inured to the .pMal Gain or 10... or _~il4--.d' /)2~~.v- ..... which ie. the pllrcnt organization 01 subsidiary of a principal which ,",M rt,~ined me. (b) lhe measur'e before my agency and the nature of my conflicting interest in the Fl/ii!ilSure is as follows: (/) '1 ~ r'\ ' . - ,J V' fJ27/ c.t.c4..tL b:1v--e. ~ "~I #Bic,--c tX-4.1I il1 (kU t.<-- i ~LI r!/)1-J-~ oj I Dllte Filed L-- T/11/0r, I //}/lcd'- L{ (~~ I NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES Q112,317, A FAILURe TO MAKE ANY REQUIRED DISCLOSURE I CONSTITUTES GROUNDS FOR AND MAY Be F'UNISHeD BY ONE OR MORE OF THE FOLLOWING, IMPEACHW"NT, REMOVAL OP. SUSPi:NSION fROM OFFICE OR EMPLOYME:NT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENAL1Y NOT TO EXC~ED $10,000, ....J -~-----. CE FORM as - EFF. 112000 PAGE :;: 0,,-1 i-OS 01 :21p. Frem-Cell lOr County Attor,,~ +1740m T-5ll POOl/DOl F-Gll COLLIER COUNTY lJA VID C. WEIGEL COLLIER COUNTY A TJ'ORNEY Heidi F. Ashton Ellen T. Chadwell CoHeen M_ Greene Steven D. Griffin Jacqueline W. Hubbard Jeffrey A. Klatzk0w William E. Mountford, Jr. ~Ihom.as C. Falmer M"lcho.el W. Peltit Marjorie Student Scott R T c-dch Robert N. 7-'1ehary 330 l Iamiami Troil East Naples. Florida 34112-4902 Telephone: (941) 774.84Cll Facsimile: (941) 774-0225 E~Mail: auornev@naDles,Det FACSIMILE TRANSMITTAL SHEET TO: Murray Hendel FAX NO.: 263..8478 FROM: Heidi F. Ashtm, Assis",nt County Attorney PAGES: 3 (mcluding COVer sbeet) DATE: December 19, 2U06 RE: Conflict of Interest As we discussed- 1. When the Holocaust Museum Grant comes befo.re the Tourist Develo.pment Council, please ask to. speak and state the namre of your interest, state that you have spoken to me and based on Sections 286.012 and) 12.3143, Fla. Star., you are abstaining from voting based on the appearance of a conflict but you will participate in the discussion. 2. While yuu are at the meeting, file Form 8B - "Memowndum of Voting Conflict", a copy of which is attached, with the person responsible for recording the minutes of the meeting (Clerk to the Boam). Please do not rely on this facsimile for other questions that you have on contlicts of interest. The conflict statutes are very faCl-bll.'!ed and it is best that you discuss the facts and circumstances sun'o.unding each conflict with me directly. Please call me if you have any questions and Happy Holidays! Heidi F. Ashton Assistant County Attorney The infol'ln.u.:ioo ccntli.illcQ il;l. this fl.t;:simil~ nN9S11.![:l' U attorney l)(ivill<j;cd and confidc:atial Informdon inlcndcd :)61y for the U$" of lhot; !ndividull.l or entity Jl3I:1Cd above. If'lh. r$adtll" of I:hK rnC'$54~ h Dot the illtl!;nd~ n:c;ipknl., YO(I an: hereby 110tirJed that any diSsemination. distribl;Dcn or ~Opy of !1Us C:1O:1D1un.icatiQl'l is stricLly probihitt"d. If 100 hl1ve r~cf:ivc:d l.h.ia conUTluQicaDCI11n crrCll'. please: jrttmcdjauLy nolitY u;: ~ ("ltlpbcme and relu.on the ol'igisotll mCGage to us ;l.l Lito above iddres~ ...in the tJ $. PoSTa.! Service. Thank YOIl. Wt! .lIe tnl.TI5minlulj from a Xar.;.x W('IkC~ Proo(l'S, lllbc:rc IIJt: any problt1n:, or c(lrnplkabcm_~. please Dutify w; imnlti.1i,llmy at (.139) 774-8400. ----1---"- .