Agenda 12/13/2011 Item #16F812/13/2011 Item 16.F.8.
EXECUTIVE SUMMARY
Request for authorization to advertise and bring back for future consideration an
ordinance amending Ordinance No. 92 -60, as amended, the Collier County Tourist
Development Tax Ordinance, to reallocate until payment has been made to MIHS $100,000
from TDC Category "C -2" Non County -Owned Museums Fund 193 to Category C -1
County -Owned Museums Fund 198 to reimburse the Marco Island Historical Society, Inc.
for their FY 10 Grant.
OBJECTIVE: Amend Ordinance 92 -60, as amended, for the sole purpose of transferring
$100,000 from tourist tax Category C -2 to C -1 to pay a grant reimbursement to the Marco Island
Historical Society, Inc.
CONSIDERATIONS: On September 29, 2009, the Marco Island Historical Society, Inc.
(MIHS) was approved by the Board of County Commissioners for a $100,000 exhibit design
grant from Category C -2, Non - County Owned and Operated Museums. The agreement was
extended through September 30, 2011, by Board action on December 14, 2010. The additional
time was required to allow the MIHS to finalize the designs and design work products of the
main exhibits in the new Marco Island Museum.
On September 14, 2010, the BCC approved Resolution 2010 -167A to accept the Marco Island
Museum as a County -owned and operated museum. On September 15, 2010 MIHS signed AST
contract for services. At that time, the work by the design consultant, Advanced Staging
Technologies, Inc. (AST) was substantially complete on concept designs, to the satisfaction of
the MIHS and prepayment for design and management services with regard to display and
exhibits was made to AST by the Marco Island Historical Society via wire transfer on September
17, 2010.
The MIHS submitted the original a request for reimbursement to the Tourism Department on
September 30, 2010. The Clerk of Courts Finance Department determined that based upon
documentation provided this was a request for prepayment of the above services. The final
reimbursement request was submitted by the MIHS in mid July, 2011. Additional
documentation regarding proof of payment was requested and received and the package was
approved for payment by the Tourism Director and forwarded to the Finance Department on
August 4, 2011.
Upon review and consultation with the Clerk's Finance Department, the County Attorney and the
Office of Management and Budget all agreed that payment would be appropriate in accordance
with the following sole purpose ordinance amendment to allow a one -time reallocation of
earmarked TDC C -2 funds into the TDC C -1 category:
(7) The sum of $100,000 shall be reallocated from Fund 193 Municipal owned
museums and Museums owned and operated by not - for -profit organizations open to
the public, to Fund 198 County -owned or operated Museums to be used for a one-time
payment pursuant to a Category C (2) agreement with Marco Island Historical Society
prior to the museum becoming a County owned and operated C (1) museum This
provision will expire and be of no further force or effect upon payment to Marco
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12/13/2011 Item 165.8.
Island Historical Society.
(7) (8) The above and foregoing tourist development plan may not be substantially
amended except by ordinance enacted by an affirmative vote of a majority plus one
additional member of the Board of County Commissioners.
FISCAL IMPACT: A budget amendment recognizing additional carry forward and moving
funds in the amount of $100,000 from TDC Fund (193) to TDC Fund (198) is required to
accomplish the intent of the proposed ordinance amendment.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
from this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires four votes for approval. -JAK
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council (TDC)
reviewed the alternatives to pay the $100,000 obligation to the Marco Island Historical Society,
Inc., at their November 28, 2011 regular meeting and recommended following the agreed upon
joint direction of the Clerk of the Courts Finance Department, County Attorney and the County
Budget Office.
RECOMMENDATION: That the Board of County Commissioners authorizes the Tourism
Department to advertise and bring back for future consideration an ordinance amending
Ordinance No. 92 -60, as amended, the Collier County Tourist Development Tax Ordinance, to
reallocate until payment has been made to MIHS (via budget amendment) $100,000 from TDC
Category "C -2" Non County -Owned Museums Fund 193 to Category C -1 County -Owned
Museums Fund 198 to reimburse the Marco Island Historical Society, Inc. for their FY 10 Grant.
PREPARED BY: Jack Wert, Tourism Director
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12/13/2011 Item 16.F.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.8.
Item Summary: Request for authorization to advertise and bring back for future
consideration an ordinance amending Ordinance No. 92 -60, as amended, the Collier County
Tourist Development Tax Ordinance, to reallocate until payment has been made to MIHS
$100,000 from TDC Category "C -2" Non County -Owned Museums Fund 193 to Category C -1
County -Owned Museums Fund 198 to reimburse the Marco Island Historical Society, Inc. for
their FY 10 Grant.
Meeting Date: 12/13/2011
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator,Tourism
12/6/20114:31:35 PM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 12/6/20114:54:58 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 12/712011 9:39:24 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 12/712011 10:48:18 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/7/2011 11:48:16 AM
Name: FinnEd
Date: 12/7/2011 1:51:09 PM
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Name: OchsLeo
Title: County Manager
Date: 12/7/2011 3:12:05 PM
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12/13/2011 Item 16.F.8.
12/13/2011 Item 161.8.
ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
92 -60, AS AMENDED (THE COLLIER COUNTY TOURIST
DEVELOPMENT TAX ORDINANCE) BY AMENDING SECTION
THREE — USES OF TAX REVENUES, IN ORDER TO REALLOCATE
FOR A PERIOD OF ONE YEAR $100,000 FROM FUND 193,
MUNICIPAL OWNED MUSEUMS AND MUSEUMS OWNED AND
OPERATED BY NOT - FOR - PROFIT ORGANIZATIONS OPEN TO
THE PUBLIC, TO FUND 198 COUNTY -OWNED OR OPERATED
MUSEUMS TO BE USED FOR A ONE -TIME PAYMENT PURSUANT
TO A CATEGORY C (2) AGREEMENT WITH MARCO ISLAND
HISTORICAL SOCIETY; 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 adoption of Ordinance No. 95 -56 and Ordinance No. 2005 -43,
the Board levied an additional 3rd and 0 percent tourist development tax; and
WHEREAS, on September 29, 2009, the Marco Island Historical Society, Inc. (MIHS)
was approved by the Board of County Commissioners for a $100,000 exhibit design grant
from Category C -2, Non - County Owned and Operated Museums, which agreement was
extended through September 30, 2011, by Board action on December 14, 2010; and
WHEREAS, on September 14, 2010, the BCC approved Resolution 2010 -167A to
accept the Marco Island Museum as a County -owned and operated museum. At that time, the
work by the design consultant, Advanced Staging Technologies, Inc. (AST) was substantially
completed to the satisfaction of the MIHS and full payment was made to AST by the
Historical Society via wire transfer for those designs on September 17, 2010; and
WHEREAS, the MIHS submitted the original a request for reimbursement to the
Tourism Department on September 30, 2010. The Clerk of Courts Finance Department
Words Underlined are added; Words Lek Through are deleted.
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12/13/2011 Item 16.F.8.
determined that additional documents were required before payment could be made, which
documents were ultimately received and the package was approved for payment by the
Tourism Director and forwarded to the Finance Department on August 4, 2011; and
WHEREAS, an issue has arisen as to which category of museum funding payment
should be made from; an
WHEREAS, upon review and consultation with the Clerk's Finance Department, the
County Attorney and the Office of Management and Budget agreed that payment would be
appropriate in accordance with this sole purpose ordinance amendment to allow a one -time
reallocation of earmarked TDC C -2 funds into the TDC C -1 category; and
WHEREAS, this proposed amendment was presented to and approved by the Collier
County Tourist Development Council.
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 by adding a new subsection (a)(7) 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:
(7) The sum of $100,000 shall be reallocated from Fund 193 Municipal owned
museums and Museums owned and operated by not for profit organizations open to
the public, to Fund 198 County owned or operated Museums to be used for a one-
time payment pursuant to a Category C (2) agreement with Marco Island Historical
Society prior to the museum becoming a County owned and operated C (1)
museum. This provision will expire and be of no further force or effect upon
payment to Marco Island Historical Society_
(-7) 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.
Words Underlined are added; Words Stmelgk are deleted.
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12/13/2011 Item 16.F.8.
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.
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 , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
RIM
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Words Underlined are added; Words Stmek PiFetgt are deleted.
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