06-27-2011 Item 7E
June 27, 2011
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EXEeUTIVE SUMMARY
Review two TDe grant applications for FY 12 previously considered at the
May 27, 2011 TDe meeting.
OBJEeTIVE: Consider funding alternatives for Friends of Rookery Bay, Inc. and
United Arts Council of Collier County.
eONSIDERATIONS: At the May 27, 2011 TDC meeting there was discussion
regarding the source of funding for the following grant applicants:
1. Friends of Rookery Bay, Inc., a Florida 501 (C) (3) corporation applied for
a Category C-2 TDC grant to promote the Rookery Bay Environmental
Learning Center. The recommendation from the Grant Review Committee
was to fund $40,000 from Category C-2 (Fund 193). The County
Attorney's Office subsequently reviewed funding eligibility for the Friends
of Rookery Bay to determine if the organization was eligible to request and
receive funds on behalf of Rookery Bay. The County Attorney has
indicated that the Tourist Tax Ordinance would need to be amended to
accommodate funding the Friends of Rookery Bay grant request out of
Category C-2, but that the Friends of Rookery Bay, Inc. was eligible for
funding as a TDC Category B marketing grant out of Tourism Promotion
Fund 184.
An amendment to the County Tourist Tax Ordinance 2005-43 will take several
months to accomplish, and may not be completed by the end of fiscal year
2011. An alternative would be to fund this request as a Category B grant.
Staff has amended some line items in the Tourism Department FY 12 budget
request to the BCC to accommodate funding for Friends of Rookery Bay as a
Category B grant in Tourism Promotion Fund 184.
2. United Arts Council of Collier County requested funding in the amount of
$24,000 to produce and print 10 editions of its cultural arts calendar. The
TDC recommended that this project be funded as a regular tourism
marketing project and not as a Category B grant. Staff has subsequently
amended the FY 12 Tourism Department budget request to the BCC to
accommodate funding this project as a regular tourism marketing project,
and not as a Category B grant.
FlseAL IMPAeT: Funding for both Friends of Rookery Bay, Inc. at $40,000 as a
Category B grant and United Arts Council at $24,000 as a tourism marketing
project can be funded in Tourism Promotion Fund 184 as part of the requested
FY 12 Tourism Department budget.
REeOMMENDATION: Review funding alternatives for Friends of Rookery Bay
at $40,000 and United Arts Council at $24,000 and recommend staff action for
both requests.
SUBMITTED BY: Jack Wert, Tourism Director
June,27, 2011
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O'FFICE OF THE COUNTY ATTORNEY
MEMORAN.DUM
TO:
Commissioner Georgia Hiller, Chairman, Tourist Development Council
Tourist Development (:OUI1Cil Members
cc:
Jack Wert, Director, Tourism
Jeffrey A. Klatzkow, County Attorney
Colleen M. Greene, Assistant County Attorney (]Y16'"
FROM:
DA TE:
June 6, 2011
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RE:
Funding Eligibility for the Friends of Rookery Bay
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At the May 27, 2011 Tourist Development Council ("TDC") meeting, Commissioner Hiller
inquired wl1ether the Friends of r~ookery Bay qualified to receive grant fUllding under Category
C-2, Non,-County Owned Museums. At the time, I opined that the group was eligible for
fu.nding. I have subsequently researched this issue and discussed it witl1 the County Attorney.
After reviewing both tIle statllte alld legislative history, it is my opinion the intent of the COll,nty
Ordinance was to fund County, not-far-profit, and municipal museums. As su,el1, at this time, the
Friends of Rookery Bay are not eligible for Category C-2 fllnding; however, the group is eligible
for Category B funding "promotion and advertising."
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Collier County first added Category' C funding on or about September 10, 1996, for County
owned mllseurns in Ordinallce No. 96-54, witl1 the following langllage:
"Category C ~ To aCtluire, construct, extend, enlarge, remodel, repair, in1prove, maintain,
operate or promote one or .lllOre County owned lTIUSeums."
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At the time, Section, 125.0104(5)(a)1 provided:
(5) AUTHORIZED USES OF REVENUE~----
(a) All tax revenues received pursuant to this section by a county imposing the tourist
dcvelopnlent tax shall be used by that county for the following purposes only:
1. To acquire, co,nstruct, extend, enlarge, relTIodel, repair, improve, maintain, operate, or
prolllote one or nlore publicly OWIICd and operated convention centers, sports stadiums, sports
arellas, coliseums, or auditoriums, or museums that are publiclv owne<1 a,nd operated or
owned alld operated bv not-fur-profit orc:anizations and ollen to the public....( emphasis
added. )
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The language in the statute remains the same today.
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Clearly in 1996, the Board intent was to fund County owned museums. Subsequently, the Board
amended the Ordinance to include museums that are owned and operated by not-far-profit
organizatiollS a.11d, opell to tIle public. (Ord-inance No. 98-95). In 2005, this section was amended
again to inclllde .municipal owned museurns. (Ord. No. 2005-18).
Based on the County's legislative history it appears that the County intended to fund County
(Category C-l), not-for-proJit, and municipal owned museums (Category C-2), and to exclude all
otller Pllblically oW11ed luu,seUIns.
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Based on the above, absent an Ordinance amendment, the Friends of Rookery Bay are not
eligible for Category C-2 funding; however, the Friends group is eligible for funding under
Category B ",promotion an,d advcrtiselnent."
This issue and funding award should be re-addressed at the next regularly scheduled TDC
meetillg.
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04-IIF A-00002/1 027
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