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Agenda 04/23/2013 Item #17D4/23/2013 17.D. EXECUTIVE SUMMARY Recommendation to approve and adopt the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment; authorize the Chairwoman to execute the Ordinance amendments; and approve all necessary budget amendments. Approval of this Amendment requires a super - majority vote. OBJECTIVE: To obtain final approval of amendments to the TDT Ordinance, and provide for its implementation. CONSIDERATIONS: On February 26, 2013 the Board reviewed the County Manager's recommendations for redistribution of TDT proceeds and directed staff to incorporate the recommendations into the Tourist Development Tax Ordinance No. 92- 60, as amended, and the Category "A" Beach and Inlet Funding Policy and return to the board with the proposed changes. The aforementioned recommendations were incorporated into the Tourist Development Tax Ordinance No. 92 -60 as amended, and on March 26, 2013 the Board authorized advertisement of the proposed amendments for public hearing and adoption. The proposed recommendations accomplishes the goals of enhanced funding for destination marketing, establishing a larger beach renourishment set aside, while introducing a contingent General Fund commitment to Museum, Beach Park Facilities and Disaster Recovery marketing funding. The proposed General Fund (001) funding commitment associated with the proposed recommendations is discussed below: Museum — Working with the County Manager, Museum staff will develop a plan for replacing the $200,000 TDT funding reduction through enhanced fundraising, grants and aids, admission fees or other means. General Fund monies will be held in reserve to offset any shortfall in this revenue item. Disaster Recovery Funding — The required fund balance in the TDT Disaster Recovery Fund (196) will be reduced from $1 million to $500,000. In the event that TDT funding falls below the $500,000 threshold, the fund balance will be maintained as required through a transfer from the General Fund (001). The annual General Fund Commitment to Disaster Recovery Funding shall not exceed $500,000. Beach Park Facilities — Through the budget process, the Board may authorize General Fund monies for Beach Park Facilities not fully funded by TDT proceeds. The Board's policy of redirecting all interest earned on TDT monies to supplement destination advertising, marketing and promotion funding expires on September 30, 2013. The County Manager's recommendation includes extending the use of interest earnings on Tourist Development Tax funds for destination advertising, marketing and Packet Page -1950- 4/23/2013 17. D. promotion for an additional three fiscal years commencing on October 1, 2013 (FY 14, 15 and 16). ADVISORY COMMITTEE RECOMMENDATION: On January 28, 2013 the Tourist Development Council (TDC) voted 8 -0 to recommend approval of the TDT funding redistribution as recommended by the County Manager. FISCAL IMPACT: The TDT Ordinance and Category "A" Funding Policy amendments under consideration involve changing the distribution percentages of TDT revenues and redistributing interest earnings. The amendments increase the allocation for promotional activities and beach renourishment through decreases to Beach Park Facilities and County Museum funding. The Manager's proposal adds General Fund commitment to backstop potential Museum and Beach Park Facility funding shortfalls as well as Disaster Recovery promotion. The following table compares the proposed aggregate TDT distribution to the current distribution: Tourist Development Tax Redistribution Current Aggreg ate Distribution Proposed Aggregate Distribution Cat Description Fund % S % $ 5 Change A A Summary by Fund Beach Facilities Beach Renourishment 183 195 16.567% 33.333% 2,392,533 4,785,067 4.476% 36.816% 642,533 5,285,067 (1,750,000) 500,000 A Total Cat A Description 50.000% 7,177,600 41.292% 5,927,600 (1,250,0D0) B B B TDC Promotion TDCAdmin Promotion Disaster Recovery 184 194 196 25.000% 11.618% 0.000% 3,588,800 1,667,787 35.101% 11.618% 0.0D0% 5,038,800 1,667,787 1,450,DD0 B Total Cat B -. 36.618% 5,256,587 46.719% 6,706,587 1,450,000 C -1 C -2 County Museums Non- County Museums 198 193 11.0D0% 2.382% 1,579,072 341,941 9.607% 2.382% 1,379,072 341,941 (200,0130) C TotaI Cat C 13.382% 1,921,013 11.989% 1,721,013 (200,000) (1.250,000) Check Total 1 100.00% 14,355,200 100.01)% 14,355,200 - The next table illustrates the overall funding redistribution including interest allocations, the split of TDT Category "A" proceeds between Beach Park Facilities and Beach Renourishment and Inlet projects, and sweeps of fund balances from TDT Administration Fund (194) into the Promotion Fund (184). (1) = Governed by Category "A" Funding Poicy (2) = Governed by General Board Policy ap roved by Executive Summary Packet Page -1951- Non - County Beach Disaster County Beach Parks Promotion Museums TDC Admin Renourishmen Recovery Museums at Description Fund 183 Fund 184 Fund 193 Fund 194 t Fund 195 Fund 196 Fund 198 Total A Beach Faciirties -183 (1) (1,750,000) _ _ - -. - - -. - - (1,750,000) A Beach Renourishment -195 (1) - - - - 500,ODD _ - - 50o,ODD Sub -Total Cat A (1,750,ODO ) 500,DDO - - (1.250,000) 8 TDC Promotion -184 1,450,000 1,450,000 B TDCAdmin -194 8 TDCAdminSweep -.. - _._-.. �__ .... 250,000 254,000 B-, B Promotion Disaster Rerovery-196 - - - - - - - - B Interest5weep(aIITDCfunds)(2) 209,500 - 209,500 Sub -Total Cat B 1,909,500 2,909,500 C1 County Museums -198 - - - - (200,ODD) _ (200,000) C2 Non- CountyMuseums- 193._. -... - -..... - -..... Sub-Total Cat C - - - - - - (200,000) (200,000) Total Cha 2DC Aiocatn 750 OQ0 -" .1' - 500 - 206,000 459,500 (1) = Governed by Category "A" Funding Poicy (2) = Governed by General Board Policy ap roved by Executive Summary Packet Page -1951- 4/23/2013 17.D. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The proposed amendment to the Tourist Development Tax Ordinance No. 92 -60, as amended, requires a super - majority vote. This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. —CMG RECOMMENDATION: To approve and adopt the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment; authorize the Chairwoman to execute the Ordinance amendments, and approve all necessary budget amendments. Prepared by: Jack Wert, Tourism Director, Edward Finn, Senior Budget Analyst, OMB Attachments: 1. Proposed Ordinance Amendments Packet Page -1952- 4/23/2013 17.D. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. Item Summary: Recommendation to approve and adopt the proposed amendments to the Tourist Development Tax (TDT) Ordinance to increase destination marketing efforts and the annual accumulation of reserves for beach renourishment; authorize the Chairwoman to execute the Ordinance amendments; and approve all necessary budget amendments. Approval of this Amendment requires a super- majority vote. Meeting Date: 4/23/2013 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 4/16/2013 11:51:43 AM Submitted by Title: Director - Tourism,Tourism Name: WertJack 4/16/2013 11:51:45 AM Approved By Name: WertJack Title: Director - Tourism,Tourism Date: 4/16/2013 12:54:59 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 4/16/2013 2:01:36 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/16/2013 2:43:38 PM Name: KlatzkowJeff Title: County Attorney Packet Page -1953- Date: 4/16/2013 2:59:45 PM Name: OchsLeo Title: County Manager Date: 4/17/2013 9:27:47 AM Packet Page -1954- 4/23/2013 17.D. 4/23/2013 17.D. 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 (3an PERCENT), AND AN ADDITIONAL 1 % TAX (4' 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 4`' 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 Str-aek Through are deleted. Packet Page -1955- 4/23/2013 17.D. 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 ask- T-4eelph are deleted. Packet Page -1956- 4/23/2013 17.D. Percentage of Net Revenue 54 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 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 Sub - categories: C(1): County owned or operated museums: 22:8 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 Stmek Thfeugh are deleted. Packet Page -1957- 4/23/2013 1 7. D. 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. ems. (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 me- .236-INe of the 2% tm to maintain a maximum level of $1 millie $500,000.00. Should the fund fall below $500,000.00, the fund shall be replenished up to a maximum of $500,000.00 ner fiscal year from the General Fund. M the end of eseb fiseel . e e g funds the 23.236% f the 21% the abeve uses in the 23.236% of the o "B" It is the iatefA of the dollars in the ftawe. Words Underlined are added; Words gtr-ur* T4eugh are deleted. Packet Page -1958- 4/23/2013 17.D. (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 and 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) f 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. (b) L71 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 Lek Thfough are deleted. Packet Page -1959- 4/23/2013 17.D. (7) The sum of $1,000,009.00 annually alleeated for- Ga4eger-y "A" BeReh Park Faeil=ties— Fund 183 shall be malleeated te Ftmd 184 to be used f at L.' 1, time this pr-eyisiea will e e and be of ne f.«t1,e« f r-ee a efF ^t ..- ess Geun4y Fund 195 shall be rvalleea4ed te Fund 184 te be used fer- destination time d ;11 e e and be of ne f H4 er- eree er effeet u: less fia4 .e« eK4@aded by the BearA- !9\ Five hundred ($500,000.00) • of the Twe ....:11:..., dellexs ($2,090,090.00) D ese f.e.,.. /"''ea t., L'.....1 195 shall be r-vmioe^ted to L'.,.,.7 184 to be used at whieh fi a this p 411 e e and be -ef ne fiH4 e« f «ve a efF ^t up ess PaAher- extended by the Beafd. evined Fffi and Museums ea and operated net for- Musewns to be used .c a e {-1-1-} M 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 Pweugh are deleted. Packet Page -1960- 4/23/2013 17.D. 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: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: C� olleen M. Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN Words Underlined are added; Words Stmek ThFmgh are deleted. Packet Page -1961- 4/23/2013 17.D. 26D If Wednesday, April 10, 2013 D N A P L E S DA I LY NEWS W 0` NOTICE TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, April 23, 2013, in the Bo_ ardroom, 3rd Floor, Administration Building, Collier County Government tenter, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enact- ment of a Count 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 COWER 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 SEVERABILTTY; 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 tWattend 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. n 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 Tamiaml Trail East, Suite 4101, Building W, Naples, Florida 341,2, (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) Anril 10 2011 No totm�m Packet Page -1962-