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TDC Backup 04/11/2012 STeresa L. Polaski From: sueflynn @onebox.com Sent: Friday, April 13, 2012 10:50 AM To: Minutes and Records Subject: TDCSpecial4 -11 -12 Backup Documentation Attachments: 331204130952530.pdf Attached please find handouts from the TDC Special meeting held 4- 11 -12. Sue Flynn Express Pros Local: (239) 434 -8488 Fax: (877) 468 -6770 - - -- Original Message--- - From: "239- 403 - 9791" Sent: Fri, Apr 13, 2012 9:59 AM To: sueflynn a,onebox.com Subject: 21 fax page(s) from 239 - 403 -9791 03/07/2012 15:35 18774686770 PROCESSOR PAGE 01/21 t tri S3. } C V C u osm .rJ w 4c LU z LU LU J CL NWMO �V I 4 z W W }emu G d z 1sl M N f+l ul p d A a d� Ltd I b tl1 N to �i 41 is b L CJ D C a c i Ck. a Lm r w LL- coQ J � Lu W � Mw �-4❑ Lo O' L c'4 En 0 Q !W- 6�� Ln O � pp U m OLJ ❑ °0 v o LU ❑ W uj u d Q he V M ca UJ N �y z � C7 < UJ W � W W 020 lnl�m� LU u Vi u 03107/2012 15:35 18774686770 PROCESSOR PAGE 02121 MEETING AGENDA & NOTICE COLLIER COUNTY TOURIST DE=VELOPMENT COUNCIL Collier County Government Center, Administration Bldg. F, 3299 East Tamiami Trail, Naples, Florida 34112 APRIL 11, 2012 9:00 a.m. County Manager's Office, Front Conference Room * Requires TDC Action 1. Call to Order - Chairman Hendel 2. Pledge of Allegiance 3. Roll Call 4. Changes and Approval of Agenda 5. Approval of TDC Minutes* a. *Special Meeting March 16, 2012 6. New Business a. TDC Appointment Recommendations b. Proposed TDC Ordinance Amendment on Deleting Municipal Seat Rotation c. Vanderbilt Beach Restroom Lawsuit -- Expert Witness Fees from Fund 183 7. Old Business a. Public Comments 9. Council Member Discussion 10. Next Scheduled Meeting Date /Location - April 30, 2012 - 8:30 a.m. Collier County Government Center, Administration Bldg. F, 3rd Floor, 3299 East Tamiami Trail, Naples, Florida 34112 11. 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 Sack Wert at (239) 252.2402. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 tamlaml Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. 03/07/2012 15:35 18774686770 PROCESSOR PAGE 03/21 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. 03/07/2012 15:35 18774686770 PROCESSOR EXECUTIVE~ SUMMARY Tourist Development Council Appointment Review PAGE 04/21 April 11, 2012 New Business 6 -a 1 of 10 OBJECTIVE: Review applications for appointments to the Tourist Development Council (TDC). CONSIDERATIONS: Collier County Advisory Board appointments to vacant or expiring terms are advertised and the subsequent applicants are reviewed and a recommendation is sought from the respective advisory board. The Board of County Commissioners then receives the applications and recommendations and makes the appointments. There are two terms expiring on April 21, 2012 on the Tourist Development Council (TDC). Murray Mendel has served in the "Non Owner /Operator, non -tax collecting" seat for the past four years and is eligible for and has applied for reappointment. Rick MedwedefF has served in the "Owner /Operator collector" of the tax seat for the past four years and is eligible for and has applied for reappointment. We have received the following applications for the Non -Owner Operator seat: Murray Hendel Douglas House We have received the following application for the Owner /Operator seat: Rick Medwedeff Attached are the applications from each candidate. We request that the TDC discuss the applicants and make a recommendation on one applicant for each seat. This recommendation will then be forwarded to the Board of County Commissioners for final appointment. There are also two Elected Official seats that are expiring on April 21, 2012. The City of Naples has reappointed Mayor John Sorey for their seat on the TDC. Everglades City was contacted for a recommendation from their City Council, but we have not received their recommendation. We will therefore contact the City of Marco Island for a recommendation to fill the second municipal seat. These municipal seat recommendations go directly to the Board of County Commissioners (BCC) for appointment and do not require a TDC recommendation. RECOMMENDATION. Staff requests a recommendation for the Owner/ Operator and Non Owner /Operator vacancies on the TDC. SUBMITTED BY: Jack Wert, Tourism Director 03/07/2012 15:35 18774686770 DATE: April 3, 2012 TO: Kelly Green PROCESSOR MEMORANDUM FROM: Ian Mitchell, Executive Manager Board of County Commissioners RE: Tourist Development Meeting PAGE 05/21 April 11, 2012 New Business 6 -a 2of10 As you know, we currently have 4 vacancies on the above referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. In addition i' contacted the City of Naples and Everglades City to nominate members for the Council. I have attached the applications received for your review as follows: I Mr. M. Douglas House 202 Datura Street Naples, Florida 34139 Mr. Rick Medwedef£ 5789 Hammock Isles Drive Naples, Florida 34119 Mr, Murray H. Hendel 4301 Gulf Shore Blvd. Naples, Florida 34103 The City of Naples has reappointed Mayor Sorey to the Tourist Development Council. Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time - frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 252 -8097, Thank you for your attention to this manor. IM Attachments 03/07/2012 15:35 18774686770 PROCESSOR PAGE 06/21 N April 11, 2012 New Business 6 -a 3of10 Board cifi (7,mdtly C..ralmistmio rs - - - -i Awliplication for AdvkorF Cosunlittec-5/140ard's ,�x9y:>'pAyt'ISisnlAAml't'r�il, :ol ;it�C 31i�4 Name'. --A 00m* Flimm. LIE zifxf.:o+�e:.W.a���- ��.�_.... 1}l:�ceaf�gz�Ipynionc.�.. —%�.� .,.w,.......,..«......,««,. . �,.... - - „- ....._............ OGsird 61, CbmmIttee Applk -d lnr: �..... 7—Z) ) C - -- 9 -%a plc C a mxi -orlon Dlalrict. DIM-elof as, *m ireilatilf+mtmIjA, by perion, Ali'. fttlW fOlUm U41M 3 wx IN-ed ill C:vl3iny Ceurety: i eftr.: Aria ydu a regbi axccf vowr ht t;:Iyt190r Ck9ttht.y3 Yf;,,. Ai lflix ynu rrrretxtl� held patblfotr(Ilsi:; Yea�w Y�� V � tP4a. ;:7��t;x t3ittt ti3t1'tCO1 _�...,,,.y , _ ............. &I14 yaw *YAW fmcu emoviolod Oflkly iafPrnst tin {nst tizv,�.fivv'' Y'CS- ?+ira . �4 - I,f year, explelo. Da yea uryour employim i1v )/minim m•ii{x Ifir Coll all : 'Yaar No kryes, Imlar weltalt 00"mmolix "y' NV4%11 41 you muifor any nrpaaxadcmk)a* with whie�.ynaa itre:iIliiltw3 Ucn4tii £vin dmi- iataail,ar,recc.Aat*wvI *llozas n1:441wbyihiaridvlatnaV )lm 1t4? 1 "aa•_v„x+e L Iff pas, pIrriaanlf$ltheargiayia:htloi3tir - ---- °-- . - - -_ -- Nt97.'iS: Adislllv8'•s�ry 8ua13•cl Ytltll4l>erH i7Uiifet updnfE• llAOirlrrA►i"tio mad atrnit?� lbe 33oprA1 ui (_b :staty'r= 'olllnitY5is<axerN IA OW 0'i*9t4NU tdtelr t-]Alt 0JISIAP Churigas ivbI44K iu DI4aa *ftIif(rn niorpai;rs-63"s; lt,ail xreSy €r @FAClti 41xQikl ill tkv MsteollAw t1F*dviancy boaird rrentnui iAdeitin3is or llrev mmorint0 4 ixtracs's wbh aw ( "Ounly- IM yon Axnwserv%P4 or fair v- 3-au evo sism". tol a Ca{lier CLmnit - baaartf or rwalmillec? V .F i"f %ax Y Yca. fades,a Via lrlU oammittueyfboatrQsa 4J y -------- •- --- -•- -, —.K....ry,.,...-........_._ - ,.,,—,...,,,,....- w...,,,.,ti.,- ..,.. .... . .........,....,.. ......- ,.- .....- ..- ............ , , . .-.. .. -- , 03/07/2012 15:35 187746e6770 PROCESSOR PAGE 07121 04/05/2012 08:04 FAX 2080952548 EVERGLADES April 11 ?0 New Busineb-I Collier County BCC 4/3/2012 3!46!18 PM PAGE 4/004A Fax SEwvatlO piv.2bu 11A your community Ittlivitiw (civit? dt l". afthbisrbwod swachstima, etc. und poxWohs holth. . . ....... . . ....... . . . ....... ... . ... . ... ....... ri .. . .. . .... . .... ........ ...... . . ...... . . .. . . . ........... kyrde'A Aleowh lit(91 fifiVrItIm'71 sh-puld ire INJT sIftetidl, isfamspew the camleffwo4ott 3.jvq sast ),f :f4tya Tryov Col"14r 03/07/2012 15:35 18774686770 339- 542 -2590 ExecutiveOfffce PROCESSOR PAGE 08/21 April 11, 2012 01:48:18 p.m. 03NMNV( mess 6 -a 1/2 5of10 Board of County Commissionerg 3299 East Tamiami Trail, Suite 303 Maples, FL 34112 (239) 252 -8097 7* Fax: (239) 252 -6406 7 pplica# oats for Advisory Committees/Boards .Name: l .% X61 L►F�d `t' `T Horne.Pbone: 00 Home Address: �_ �'► rr: M CC.1� e.J �,ip Code: __ 3'�- / (°� Pax No. Business Phone: 2-3T-6112-2440 e-mail address: r:arc.raes�� e @rnArnof �" ,Place of Employment: Mj+ -R-r -. -,t� 4 A-p& 't-w��a� s rzctx .1ezc f Hof'_ i� y'"i Board or Committee Applied for: I O r: Ski V I f�� v►�� r� 1� n t 3 Category (if applicable): Example: Commission Matriet, Developer, environmentalist, lay person, etc. How long have you lived is Collier County: 'Blears: Months: Are you a registered voter in Collier County: Yes --yal— No Do you currently hold public otliee? Yes No if so, what is that office? Have you ever been corMeted of any offense against the Law? Yes No If yes, explain: Do you or your employer do business with the County? Yes._ No -Y-- if yes, under what circumstances? Would you and /or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes=` No,XIfyes, please: list the organizations: NOTE: All Advisory board members must update their profile and notify the Board of Cdunty Commissioners in the event that their relationship changes relating to member$hips, of organizations that may benefit theca in the outcome of advisory board recomm.endatious or they enter into contracts with the County. Do you now serve, or have you ever served, on a Collier County board or committee? Yes _ No >Cf yes, please Est the committees/boards., )yS 'Tf C s 'k , - a In nr �dsl 03/07/2012 15:35 18774686770 PROCESSOR PAGE 09/21 April 11, 2012 239 - 642 -2680 Executive Office 01A9:03 p.m, 09Nws2i siness 6 -a 212 6of10 Please list yoatr community aetivities. (cirrlc clubs, ne$ghborho dd assoc" Lions, etc. nd positions heIdt � CgQ.,.k-u' 'sirkaw- &tt�anss. 4"5ru.,Ai n�oo�l��s 0 0 L Please o t4dt any additlonrri th ormadon you fed,p"nent -This application chottld be forwarded to fart M!iandt, Exrrativc Manager to the Board ofCMMV Commissioftm, 3299 Sao Tawlaml Troll, Sulte 41303, Naples, FL 31273. lfyau tplsh, plarua ftrxyour application io (239)Z2 -6406 or &mall ro fanmuyJcgld&o/lrergoy. Thankyptr for rplurtteering to Serve the clllzeus of Caliler Gouno: 03/07/2012 15:35 10774686770 PROCESSOR PAGE 10/21 Board of County Commissioners 3299 East Tamiami Trail, Suite 303 Naples, k'L 34112 (239) 252 -8097 Fax: (239) 252 -6406 piication for Advisory Co April 11, 2012 New Business 8-a 7of10 Name: U 1 L, Ake U Iialmie Phone' oC� l� Home Address: ,4ao t. (7, u PP A u , Zip Code: Fax No. Business Phone: e-mail address: M A, Place of Employment: Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years: � Mouths: Are you a registered voter in Collier County: Yes -4— No Do you currently hold public office? Yes No —&—If so, what is that office? Have you ever been convicted of any offense against the Law9 Yes - No If yes, explain: Do you or your employer do business with. the County? Yes No —'. -- If yes, under what circumstances? Would you and /or any organizations with VKA&Ch you are affiliated benefit from decisions or recommendations :Wade by this advisory board? Yes NoIf yes, please list the organizations: NOTE: All advisory board :members must update their profile and notify the Board of County Comndssioners in the event that their relationship changes relating to memberships of organizatlons that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the Caunty. Do you now serve, or have you ever served, on a Collier County board or committee? Yes No If yes, ,please list the committees ards: ,f� e 03/07/2012 15:35 18774686770 PROCESSOR PAGE 11/21 April 11, 2012 New Business 6 -a 8of10 Murray H. Hendel 4301 Gulf Shore Boulevard N. #604 Naples, Florida, 34103 239 262 -0738 Murrp2h(�aol.com Born: New London, Connecticut Graduate: University of Connecticut — B. S. Degree Military Service: Connecticut National Guard — 2 years United States Air Force — 4 years Occupation: Certified Public Accountant ` Ezuploymentt Internal Revenue Service -1957 —1962 Haaord, Connecticut Internal Revenule Service -1962 -1967 Washington, D. C.. Feld Leasing Company —1967 -1974 Kamm City, Missouri Financial Vice President Geleo Corporation —1974 --1 987 Mineapolis, Minnesota Vice President — Operations; Senior Vice F tvsident Consulting: General Electric --1988 -1989 -- Government Affairs Naples, Florida fritanational F- xmutive Service Corps —1993 — Management Development Lanka brut Leasing Company Colotnho, Sri Lana International Executive Service Corps — 1997 — Pension Flan Development irkutskenergo Utility Moscow, Russia Awards: National Presidential Award -- Presidemt Johnson — 1964 . Presidential Citation -- 1964 Secwtvy of Treasury Award —1964 Superior Peribimancc Award - 1961 Special Service Award -1964 Tmasury Department Awards - 3 03/07/2012 15:35 18774686770 PROCESSOR PAGE 12/21 03/07/2012 15:35 18774686770 PROCESSOR PAGE 13/21 April 11, 2012 New Suslness 6 -b 1 of 5 EXECUTIVE SUAMARY Recommendation for the Tourist Development Council to approve and recommend an amendment to the Tourist Development Council (Advisory Board) Ordinance No. 92 -18, as amended, to more specifically conform to the statutory language in Section 125.0104(4)(e), Fla. Stat. OBJECTIVE: For the Tourist Development Council ( "TDC ") to approve and recommend a proposed ordinance amendment to the Board of County Commissioners. CONSIDERATIONS: The current TDC Advisory Board Ordinance provides for a mandatory rotation of seats between the City of Marco Island and the Everglades City. The TDC discussed whether this language should be updated based on the current needs of the TDC. After review, the County Attorney's Office recommends tracking the language of the statute which will provide the TDC and the Board of County Commissioners with the appropriate authority to appoint members to the TDC. The proposed amendment conforms to the language in Section 125.0104(4)(e), and follows: (b) Two (2) members of the Council shall be elected municipal officials, at least one (1) of whom shall be from the rnost populous municipality in the County or Sub- County Special Taxing District in which the tax is to be levied. �Fhe City va £' Fj J (c) sae —be at ,-- cf .. I .I" betels, {33- nwmbers shall r t, HM ♦ v F telcyl�. �r er, ix avccxa r tel mffe tieaa zoc�xracroxxux eWe4 M ra . _ i�c+xx +a +� vry operators of motels hotels recreational vehicle parks. or other tourist ,accommodations in the County and subject to the tax. Ftb (' __ _ _il ..W! be pa _ ..l_.-._ + _ _ + lyedia ¢roe J t, HM ♦ v F telcyl�. �r er, ix avccxa r tel mffe tieaa zoc�xracroxxux eWe4 M ra . _ i�c+xx +a +� vry FISCAL IMPACT. The cost to advertise the proposed Ordinance was $280.02 which funds are available from Funds 195 and 194. 03/07/2012 15:35 18774686770 PROCESSOR PAGE 14/21 April 11, 2012 New Business &b 205 GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management plan from this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote by the Board, and is legally sufficient for Board action. — CMG RECOMMENDATION: Recommendation for the Tourist Development Council to approve and recommend an amendment to the Tourist Development Council (Advisory Board) Ordinance No. 92 -I8, as amended, to more specifically conform to the statutory language in Section 125.0104(4)(e), Fla. Stat. SUBMITTED BY: Colleen M. Greene, Assistant County Attorney 03/0712012 15:35 18774686770 PROCESSOR PAGE 15/21 Apdi '11, 20'12 New Business B -b aof5 ORDINANCE NO. 2012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -18, AS AMENDED, WHICH ESTABLISHED THE TOURIST DEVELOPMENT COUNCIL, BY AMENDING SECTION THREE, ENTITLED "COMPOSITION OF MEMBERSHIP," PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 92 -18 established the Tourist Development Council pursuant to the authority and requirements of Section 125.0104, Florida Statutes; and WHEREAS, Ordinance No. 92 -18, as subsequently amended, provides that two members of the Council shall be elected municipal officials with the City of Everglades and the City of Marco Island alternating as the second municipal member; and WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 92 -18, as amended, specifically Section Three, "Composition of Membership," in order to conform to Section 125.0104(4)(e), Florida Statutes. 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 -18, AS AMENDED. Section Three is hereby amended as follows: SECTION THREE: COMPOSITION OF MEMBERSHIP. The membership of the Collier County Tourist Development Council shall be composed as follows: (a) The Chairman of the Board of County Commissioners of Collier County or any other members of the Board of County Commissioners as designated by the Chairman to serve on the Council. Underlined text is added; $#uek4a!a� text is deleted Page I of 3 03/07/2012 15:35 18774686770 PROCESSOR PAGE 16/21 Aprtl 11, 2012 New Business 6 -b 4of5 (b) Two (2) members of the Council shall be elected municipal officials, at least one (1) of whom shall be from the most populous municipality in the County or Sub- County Special Taxing District in which the tax is to be levied. The City of Enmft4ades aBd " City of Mapee island shall altemale as t pfeaess for 414A (c) _ , +.,. ..1 ehiela _�._ ether- tourist ,alai the r•.. n lN\ Y}Vll1V Alto feet t.. t..__r4st 3__,_1_p__ ent tax 1 r' d p .rarer t a S t' 1''95,0104 �, ny "11 V i IO \s�riuSiZp'ii4il A �' �'4�xc cq OQ�1T —YS il7Ti Florida StaWtoa Six ( members of the Council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist deyelMment, of which members, not less than three (3) nor more than four U shall be owners Or operators of motels. hotels, recreational vehicle parks. or other tau 'st accommodations in the County and subject to the tax. All members of the Collier County Tourist Development Council shall be electors of Collier County and the members shall serve at the pleasure of the Board of County Commissioners for staggered terms of four (4) years. The terms of office of the original members shall be prescribed in the resolution appointing the original members. SECTION TWO: CONFLICT AND SEVLRABILITY. 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. 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. Underlined text is added; Stfurk thfough text is deleted Page 2 of 3 03/0712012 15:35 18774686770 PROCESSOR PAGE 17/21 April 11, 2012 New Business 6 -b 5of5 SECY'ION FOUR: ]EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Conunissioners of Collier County, Florida, this day of , 2012. ATTEST: DWIGHT E. $ROCK, CLERK IN , Deputy Clerk Approved as to form and legal suff cienoy: Colleen M. Greene Assistant County Attorney BOARD OF COUNTY CONBESSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN lUnderli text is added; Sao text is deleted Page 3 of 03/07/2012 15:35 18774686770 PROCESSOR PAGE 18/21 April 11, 2012 New Business 6-c 1 of 4 EXECIMVE SU Y Recommendation for the Tourist Development Council to approve and recommend authorization to use Tourist Development Tax from Fund 183 Beach Park Facilities for litigation expenses in support of the Administrative Petition styled Rollin Rhea, et. al. v. Collier County and Florida Department of Environmental Protection, DOAH Case No. 12- 0495. OBJECTIVE: For the Tourist Development Council ( "TDC ") to approve and recommend authorization to use of Tourist Development Tax from Fund 183 Beach Park facilities for litigation expenses in support of development of the proposed Vanderbilt Beach. Restrooms. CONSIDERATIONS: A group of Collier County residents has brought a legal challenge to . Collier County's plan to build an improved beach park facility at Vanderbilt Beach. This is an administrative procedure pending before the Division of Administrative Hearings ( "DOAH "). The Petitioners are challenging, the Florida Department of Environmental Protection C'FDEP ") Notice of Intent to Issue a Variance for Collier County to build its restroom structure. Collier County needs to engage an expert witness to assist in defense of this litigation and development of the beach park facility. The County has contacted Michael Barnett, a Professional Engineer and the former Chief of the FDEP Bureau of Beaches and Coastal Systems. IIla addition, the County's consultant, Michael Poff, from Coastal Engineering will also provide expert and fact testimony and assist in the litigation. Coastal Zone Management Staff seeks approval from the TDC to fund the litigation expenses in support of the beach parr facility using tourist development tax funds in Fund 183 Beach Park Facilities. The funds are currently available in this account. Use of these funds requires a finding and recommendation by the TDC that this expenditure promotes tourism. This recommendation will be forwarded to the BCC for approval. FISCAL IMPACT: The estimated fiscal impact is not to exceed $30,000. We anticipate each expert to spend approximately 40 hours in the course of litigation which will include preparation and attendance at depositions and at trial. Funds may also be used for document production and associated expenses and travel costs authorized by Ch. 112, Fla. Stat. for each expert or fact witness. GROW'! LI MANAGEMENT IMPACT• There is no impact on the Growth Management Plan from this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote by the Board, and is legally sufficient for Board action. — CMG RECOMMENTIATION: Recommendation for the Tourist Development Council to approve zati and recommend authorion to use Tourist Development Tax from Fund 183 Beach Park Facilities for litigation expenses in support of the Administrative Petition styled Rollin Rhea, et_ 03/07/2012 15:35 18774686770 PROCESSOR PAGE 19/21 April 11, 2012 New Business 6 -c 2 of 4 al. v. Collier County and Florida Department of Environmental Protection, DOAH Case No. 12- �:. 0495. AUBMITi ED BY. Gary McAlpin, Director, Coastal Zone Management Colleen M. Greene, Assistant County Attorney "I—. 2 03/07/2012 15:35 10774686770 PROCESSOR PAGE 20/21 April 11, 2012 New Business 6-c 3 of 4 OFFICE OF THE COUNTY ATT'ORNE'Y MEMORANDUM TO: Scott Teach, Deputy County Attorney FROM: Colleen M. Greene, Assistant County A.ttorneyci&- DATE: December I6, 2011 RE: Tourist Development Tax Section 125.0104(5)(a)4, Fla, Stat. RLS #11 -CLK -00109 Section 125.0104(5)(x)4, Fla. Stat., was amended in 1996 to specifically include the language "beach park facilities." This statutory provision authorizes the expenditure of tourist development tax funds for beach park facilities. The tourist development tax statute provides that tourist development revenue may be used: "To ,finance beach park facilities or beach improvement, maintenance, renourishment, restoration, and erosion control, including shoreline protection, enhancement, cleanup, or restoration, of inland lakes and rivers to which there is public access a$ those uses relate to the physical preservation of the beach, shoreline, or inland lake or river," § 125.0104(5)(a)4, Fla. Stat. Collier County Ordinance No. 9260, § 3, as amended tracks the language of the statute referenced above, "to finance beach park facilities or beach improvement," The Attorney General's Office, charged with interpreting the tourist development statute has found that "the determination whether a particular facility or project, tourist development plan or program is tourist related and furthers such primary purpose is a factual determination which must be made by the legislative and governing body of the county founded upon appropriate legislative findings and due consideration of the peculiar and prevailing local conditions and needs." (AGO 01-42 in response to a request by Collier County regarding the use of tourist development finds to purchase beach front land in Collier County.) Beach park facility is not defined by statute, ordinance or AGO. Rather the statute specifically authorizes expenditures for beach park facilities or beach immprovement. Based on AGO 01 -42, the County Attorney's Office has consistently opined that the tourist development tax revenue may be used for beach park facilities with a recommendation by the TDC and a finding by the BCC that the expenditure promotes tourism. County Attorney Office Opinions specifically related to beach park facilities: August 16, 2011 are: CIam ,pass Park Beach Access (CMG) - July 13, 2010 re: Beach Shuttles (BFAC) March 9, 2009 re: Naples City Dock (CMG) - July 11, 2008 re: Public Parking Garage at Delnor -- Wiggins State Park (CMG) - October 15, 2003 re: Beach Access and Pearling (HFA) 03/07/2012 15:35 18774666770 PROCESSOR PAGE 21/21 April 11, 2012 Now Business 6-c 4of4 Based on the statute and County ordinance, the Board of County Commissioners may authorize the expenditure of tourist development tax revenue for beach park facilities. The BCC should make a finding that the use of the revenue will promote tourism, for example improved beach access and amenities. cc: Jeffrey A. Klatzkow, County Attomey Jack Wert, Director, Tourism 08-TI)C- 00029/2 --1.: