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Agenda 05/11/2010 Item #16K 4 Agenda Item No. 16K4 May 11, 2010 Page 1 of 14 EXECUTIVE SUMMARY Recommend authorization allowing Collier County to remain a member of a class action civil lawsuit entitled, The County of Monroe, Florida v. Priceline.com, Inc. et ai, Case No. 09- I0004-CIV-Moore/Simonton, now pending in the United States District Court for the Southern District of Florida, which seeks to recover unpaid Tourist Development Taxes on behalf of all Florida counties that have enacted a Tourist Development Tax under Section 125.0104, Florida Statutes. OBJECTIVE: To receive the Board of County Commissioners consent for Collier County to remain a member in the class action lawsuit entitled, The County of Monroe, Florida v. Priceline.com, Inc. et aI, which seeks to recover unpaid Tourist Development Taxes. CONSIDERATIONS: On or about April 9, 2010, Collier County received from counsel for Monroe County a "Notice of Pendency of Class Action." The class action litigation is being brought by Monroe County against numerous online travel agencies. The notice demands that Collier County either opt out of Monroe County's class action or do nothing and remain in the class. The County has 45 days from April 9, 2010 (May 21st) to opt out. The notice is included as back-up to this item, The lawsuit alleges that online travel agencies charge customers (and remit to the hotels) a "tax recovery charge" which is sufficient only to cover the tax on the rate given to the online travel agency, rather than on the full retail rate which the customers are actually charged. Monroe County's case has been in the Courthouse since January 12, 2009. The companies' attempts to dismiss the case in December of 2009 were unsuccessful. The Federal Court entered the order certifying the class on March 15,2010. Trial is set to commence in July of 201 0 in Key West. Under the Court's Order, Collier County must take one of two actions: I) Affirmatively opt out of the class so that any decision reached in that case will have no effect on Collier County; or 2) Take no action and remain in the lawsuit as a member of the Plaintiff class. This will result in the decision of the Court being binding upon Collier County. If Plaintiffs are victorious, Collier County would be entitled to its damages as established by Plaintiff at trial. On April 22nd I participated in a state-wide telephone conference call initiated by the Florida Association of County Attorneys to discuss this litigation with the Monroe County Attorney and their lead counsel. We were advised that Monroe County will assume all out-of-pocket costs for the litigation. If the litigation is successful, attorney's fees would be awarded out of the proceeds by the Court. I waited on this matter until the end of the Legislative Session, as there was proposed legislation that would have impacted the issue. The Legislature ended with no action being taken on this issue. I then discussed the matter with Collier County Tax Collector Larry Ray, as the Tourist Development Tax Ordinance provides that "The county tax collector shall be responsible for the collection and administration of the tax." Mr. Ray advised me he wishes to proceed in the Monroe County litigation, which will require no further action by the County. Agenda Item No. 16K4 May 11, 2010 Page 2 of 14 The County Attorney concurs with the Tax Collector in this matter. It is the opinion of the County Attorney that if the County wishes to participate in the on-line litigation issue, that it do so as a member of a class, as the costs for one County to bring such an action are prohibitive. There are at present two of these class actions. The Monroe County action is closest to trial, will result in no out-of-pocket costs to the County, and is utilizing weIl-regarded outside counsel. This is not the first time that this issue has come to the Board. On October 27, 2009, the Board heard a number of recommendations by the TDC that, among other issues, "Support a Class Action Lawsuit if agreed to by the Collier County Commission to coIlect the accurate amount of tourist development tax due the County for online bookers of hotel rooms such as Expedia, Travelocity, Hotels.com and others. Currently these companies are charging the consumer a service fee based on the net amount of the transaction, rather than the full consideration, This fee mayor may not cover the correct amount of taxes due. Vote 8-0" A copy of this Executive Summary is attached. The Board referred the matter to the County Attorney, who consulted with the Tax Collector. It was the opinion of the Tax CoIlector that the County not participate in this particular suit (which was instituted by Nabors Giblin) as not being in the best interest of the County. The Monroe County case is a different suit, with a different cost structure to the class membcrs. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JAK FISCAL IMPACT: As stated in the Notice of Pendency of Class Action, class counsel wiIl not directly charge class members to represent them. If the final judgment favors the class, attorney's fees and costs could be deducted prior any distribution of funds to the class members. Collier County would receive its share of the jury-awarded damages with no financial investment from the County. In the event the Court rules in favor of the defendants, the class, including Collier County, would be bound by the judgment and may be precluded from bringing the same or similar claims on its own behalf. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board authorizes the County Attorney to take no action, so that by operation of law, Collier County wiIl be remain part of a class action entitled The County ojAfonroe, Florida v. Priceline.com. Inc. el aI., Prepared by: Jeffrey A. Klatzkow, County Attorney Agenda Item No. 16K4 May 11, 2010 Page 3 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K4 Request authorization allowing Collier County to remain a member of a class action civil lawsuit entitled, The County of Monroe, Florida v. Priceline.com, Inc. et ai, Case No. 09- 1 0004-CIV-Moore/Simonton. now pending in the United States District Court for the Southern District of Florida, which seeks to recover unpaid Tourist Development Taxes on behalf of all Florida counties that have enacted a Tourist Development Tax under Section 125.0104, Fiorida Statutes. Meeting Date: 5/11/20109:00:00 AM Prep. red By Jeff Klatzkow County Attorney Date 5/4/20104:36:05 PM Approved By Jeff Klatzkow County Attorney Date 5/4/20104:59 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 5/4/201010:59 PM Agenda Item No. 16K4 May 11, 2010 Page 4 of 14 NOTICE OF PENDENCY OF CLASS ACTION -u To: The County Commlsslonen and County Attorneys of all Counties :x within the State of Florida that have enacted a tourist development tax undet.;> the authority of Section 125.0104, Florida Statutes (via certified mail, relum<.n receipt requested) 0 PLEASE READ TIDS NOTICE CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGIITS. YOU HAVE NOT BEEN SUED. TIrls is a notice that you are a member of a plaintiff class (the "Class") that has been certified by the Court in the civil action, The County of Monroe Florida v. Priceline.com, Inc. et al., Case No. o9-10004-CIV-MOORElSIM:ONTON, now pending in the United States District Court for the Southern District of Florida (the "Lawsuit"). The pwpose of this Notice is to explain to you: 1. What the Lawsuit is About. 2. Your Rights as a Class Member and How to Assert Those Rights. 3. Why Is TIrls Notice Being Sent To Me. 4. Further Court Proceedings. 5. How to Get More Infonnation. 1. WHAT THE LAWSillT IS ABOUT A. Summary OfTbe Claims Asserted In Tbe Lawsuit In the Lawsuit, Monroe County alleges that PriceIine.com, Inc., Travelweb L.L.C., Travelocity.com, L.P" Site59.com L.L.C., Expedia, Inc., Hotels.com, L.P" Hotwire Inc., Trip Network Inc. (d/b/a Cheaptickets.com) and Orbitz L.L.C. (collectively "Defendants") have failed to pay the full amount of the tourist development taxes (the "Taxes") due to Monroe County and the other class member Counties that have enacted a Tourist Development Tax pursuant to the authority granted in Section 125.0104, Florida Statutes. Monroe County asserts, on behalf of itself and all other counties who have a Tourist Development Tax pursuant to the authority granted in Section 125.0104, Florida Statutes, that the Defendants charge customers (and remit to the hotels) a "tax recovery charge" which is sufficient only to cover the tax on the wholesale rate, rather than on the full retail rate which the customers are actually charged. Monroe County seeks to recover unpaid Tourist Development Taxes on behalf of itself and on behalf of all other Florida counties who have enacted a Tourist Development Tax under Section 125.0104, Florida Statutes. ...., <= = I'> -" ", c:. Oc c~ Z-r ~~. CrT :::0:::;: :z~ ~fT w Agenda Item No. 16K4 May 11, 2010 Page 5 of 14 B. Current Status Of The Lawsuit This lawsuit was initiated by Monroe County in the United States District Court for the Southern District of Florida on January 12, 2009. The Complaint, as originally filed, asserted claims under Monroe County Code Section 23-1 97(a), which contains Monroe County's Tourist Development Tax enacted pursuant to Section 125.0104, Florida Statutes. The Complaint also asserted claims against the Defendants for conversion, unjust enrichment, and permanent injunction. Pursuant to an order dated December 17, 2009, the Court denied Defendants' motion to dismiss Monroe County's claims under Monroe County Code Section 23-197(a), and further denied Defendants' motion to dismiss the claims for conversion and unjust enrichment. The Court granted Defendants' motion to dismiss the County's claim for permanent injunction. On March 15,2010, the Court entered an order determining that this action may proceed as a class action, and certified a class consisting of "All counties within the State of Florida that have enacted a tourist development tax under the authority of Section 125.0104, Florida Statutes." In that order, the Court also ruled that neither Monroe County nor the other members of the putative class were required to resort to the administrative process in order to proceed with this lawsuit. Because the Court has decided that the Lawsuit should proceed as a Class Action, it has ordered this Notice be sent to you. The Court has not yet ruled on the merits of the claims raised in the Lawsuit Defendants deny all allegations of wrongdoing and liability asserted in the Lawsuit. Defendants contend that they have no obligation to pay the Taxes. 2. YOUR RIGHTS AS A CLASS MEMBER AND HOW TO ASSERT TIlOSE RIGHTS The Court certified a Class defined as : All counties within the State of Florida that have enacted a tourist development tax under authority of ~ 125.0104, Florida Statutes. It is estimated that the number of Class members is 59 counties. The Court has certified as Class Representative Monroe County, Florida. Monroe County will be seeking relief on behalf of itself and all members of the Class. The Court has appointed the following firms as Class Counsel: Stearns Weaver Miller Weissler Alhadeff & Sitterson, PA.; Aronovitz Law; Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.; and Freed & Weiss. You have the right to hire your own attorney and unless you retain your own counsel to enter an appearance on your behalf, you will be represented by Class Counsel. Class Counsel will not directly charge Class members to represent them. In the event of a judgment in favor of the Class in this case, Class Counsel will apply to the Court for payment of reasonable attorneys' fees and costs which might be deducted from the funds recovered before net proceeds are distributed to the Class Members. Your options Option 1- Do notbiDg Option 2 - Opt Out Counsel for the Class Jay B. Shapiro, Esq. SlEARNS WEAVER MILLER WEISSLER ALHADEFF & SrITERSON, PA 150 West Flagler Street Suite 2200 - Museum Tower Miami, FL 33130 Telephone: (305) 789-3200 Tod Aronovitz ARONOVITZ LAW 777 Brickell Avenue, Suite 850 Miami, FL 33131 Telephone: (305) 372-2772 Agenda Item No. 16K4 May 11, 2010 Page 6 of 14 If you do nothing, then you will remain a member of the Class. You will be bound by any judgment, favorable or unfavorable, which is rendered on behalf of thc Class. In thc cvent of a favorable judgment, you will share in the recovery. In the event of an unfavorablc judgment, you will bc bound by the judgment and may bc precluded from bringing thc same or similar claims on your own behalf. In thc cvcnt of a settlement of the Lawsuit, you will be able to shaxc in the settlement proceeds and be bound by thc terms of the settlement, subject to Court approval. In order to exclude yourself from the Class, you must make a written notice of your election to opt out to Class Counsel and counsel for Defendants, at the addresses set forth below, so as to be received no later than 45 days from the date of this notice. If you exclude yourself from the Class, you will not be entitled to receive any money recovered by the Class, and you will not be bound by any settlement or favorable or unfavorable judgment in the Lawsuit with respect to damages. If you request exclusion on behalf of any entity other than yourself, you must state your legal authority to execute the request on behalf of that entity. Paul M. Weiss Richard J. Burke FREED & WEISS LLC III West Washington Street, Suite 1331 Chicago, 1L 60602 Telephone: (312) 220-0000 James E, Cecchi CARELLA,B~,CECCHl OLSTEIN, BRODY & AGNELLO, P.C. 5 Becker Fann Rd, Roseland, NJ 07068 Telephone: (973) 994-1700 Agenda Item No. 16K4 May 11, 2010 Page 7 of 14 Counselfor Defendants Steven E. Sift', Esq. McDermott WiD & Emery 201 South Biscayne Boulevard Suite 2200 Miami, Florida 33131 ssiff@mwe.com Te]ephone: (305) 358-3500 Timothy J. Koenig FELDMAN KOENIG HIGHSMITH & V AN LOON, P.A. 3158 Northside Drive Key West, Florida 33040 Telephone: (305) 296-8851 3. WHY WAS THIS NOTICE SENT TO YOU Public records indicate that you enacted a tourist development tax WIder authority of 9 125.0]04, Florida Statutes and are, therefore, a member of the Class. This notice is being sent to you pursuant to Fed.R.Civ.P. 23(c)(2)(B), which requires that, upon the certification of a class pursuant to Fed.R.Civ.P. 23(b)(3), notice be sent to all class members who can be identified with certain information relating to the lawsuit and class members rights. 4. FURTHER COURT PROCEEDINGS This class action is presently set for trial beginning July ]9, 20]0. This date may be adjourned by the Court without further notice to the Class. 5. HOW TO GET MORE INFORMATION If you need additional infonnation, you should call or write to Class Counsel at the addresses set forth above. PLEASE DO NOT CALL THE COURT OR THE COURT CLERK OR DEFENDANT. BY THE COURT: Date: ~,2010 K. MICHAEL MOORE, UNITED STATES DISTRICT JUDGE #246155 vi Agenda Item No. 16K4 May 11, 2010 Agenda9~KkP.~~ October 27, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reviews the TDC Subcommittee recommendations as approved by the Tourist Development Council and provides direction to the County Manager or his designee for further action Including the authorization to process all necessary budget amendments covering direction that involves the movement or use of TDC funds. OBJECTIVE: Review the TDC Recommendations and direct the County Manager or his designee for further action. CONSIDERATIONS: A Sub Committee of the Tourist Development Council (TOC) was appointed on March 23, 2009 by Chairman Fiala and held nine publically noticed meetings - April 16, May 1 & 5, June 1 & 15, July 13 & 20, August 3 & 10, 2009. The members of the Sub Committee included Murray Hendel, Chairman, Clark Hill, GM Naples Hilton, Susan Becker, Tourism Concierge and Bob Miller, Everglades City restaurateur. At the Sub Committee's final meeting on August 10, the three members present (Mr. Miller was absent) agreed to present their recommendations to the fuil TDC on August 24. The TOC then reviewed the recommendations and voted to recommend the following to the County Commission: 1. The Funding of County Museums Operating Expenses by Tourist Tax Funds should be phased out over a 3-year period beginning in FY 11 and ending in FY 13, reducing funding by 1/3 of the total County Museums operating budget each year. TOC Vote 7-1. 2. The interest earned on Tourist Tax Funds should remain within those respective funds (follow the principal) and not re-directed to the General Fund (001), Vote 8- O. 3. The $500,000 annual set aside by County policy for catastrophe reserves from Fund (195) should be redirected to Fund 184 for destination marketing for a period of two years in the amount of $500,000 for each of the next two fiscal years for a total of $1 million. It was further clarified that these funds would not be a loan, but a redirection for two years, Vote 6-2. 4. The Collier County Tax Collector's Office or County Code Enforcement should dedicate a person, (employee or outside individual or organization) to be solely responsible for collecting unpaid Tourist Development Taxes due on short term rentals of 6 months or less. Vote 8-0. Agenda Item No. 16K4 May 11, 2010 Agenda1~~~o?~O~ October 27, 2oo9 Page 2 of 7 5, Support a Class Action Lawsuit if agreed to by the Collier County Commission to collect the accurate amount of tourist development tax due the County for online uuokers of hotel rooms such as Expedia, Travelocity, Hotels.com and others. Currently these companies are charging the consumer a service fee based on the net amount of the transaction, rather than the full consideration. This fee may or may not cover the correct amount of taxes due. Vote 8-0. 6. The Convention and Visitors Bureau (CVB) publication called "Florida's Last Paradise" and the Greater Naples Chamber of Commerce pubiication called "Naples on the Gulf' should be combined into one official tourism publication for the entire destination. Vote 7-0 (seven members present; one member excused). 7. Create a new position called "Information Center Coordinator" or similar title to be under the direction of the Greater Naples Chamber of Commerce and funded jointly by the Chamber and the CVB to coordinate literature, training and research for all area visitor centers in Naples, Marco Island, Everglades City and Immokalee. Vote 7-0. 8. Redirect $500,000 of the $2 Million per year currently allocated by County Policy from Fund 195 for Major Beach Renourishment Reserves be redirected to Fund 184 for destination marketing for a period of two years. It was further clarified that this would not be a loan of funds, but a redirection of funds for marketing for two years. Vote 4-3. 9. Recommend !Q..nQLincrease the Tourist Development Tax Rate at this time given the current economic recession. Vote 6-1. 10.$750,000 from Emergency Tourism Advertising Fund (196), supplemented by $350,000 in excess unobligated fund balance from year ending FY 2009 within Marketing Fund (184) should be approved for use in the late spring and through the summer to fund the continuance of the destination marketing program from mid January through August 2010. This plan would replicate the highly successful marketing campaign of 2009. Vote 7-0. In a letter dated August 21, 2009. The Napies City Council has asked "that the Board of County Commissioners reject the recommendations of the TOC subcommittee to divert beach renourishment funds for tourism marketing and promotion:" In a letter dated September 25, 2009, The Marco Isiand City Council requested "that the County Commissioners safeguard the integrity of the Emergency Beach Renourlshment Reserves on behalf of our constituency." FISCAL IMPACT: Regarding TDC Subcommittee recommendation number 2, note that interest is following the principal pursuant to Board direction and interest has been posted to TDC funds since July 2009. Assuming the Board concurs with recommendation number 3 and 10 under Considerations, a budget amendment totaling Agenda Item No. 16K4 May 11. 2010 Agend!i''i\l!m Wo':'~&~ October 27. 2009 Page 3017 $1,000,000 will be necessary re-directirog budget in FY 2010 from Catastrophe and Beach Renourishment reserves within Fund (195) to Marketing Fund (184) increasing the destination marketing appropriation, The fiscal impact associated with other recommendations contained within this report is uncertain and will require time to process and implement - if direction i$ provided. However, if TDC funds are not earmarked fDr County Museum operatiDns, General Fund (001) revenues will be necessary to cover expected budge! shortfalls. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan as a result of this action. COUNTY ATTORNEY FINDING: The TDC recommendations are in compliance with section 125.0104, Florida Statutes, Tourist Development Tax. Several recommendations above (1, 3, 8, and 9) would require an amendment to the Tourist Development Tax Ordinance which requires a super majority vote (majority plus one). This item is legally sufficient for Board action and direction. - CMG ADVISORY BOARD RECOMMENDATIONS: The Coastal Advisory Committee (CAC) met on August 13, 2009 and reviewed the Sub Committee recommendations related to the $500,000 per year redirection from the catastrophe set asides and major beach renourishment reserve from Fund 195. The CAC voted 6-2 to oppose the redirection of both beach renourishment reserve fund recommendations. The TDC reviewed the Sub Committee recommendations on August 24, 2009 and voted on each item as indicated above. RECOMMENDATION: That the Board of County Commissioners reviews the recommendations from the TDC Sub Committee as approved by the Tourist Development Council and provide direction to the County Manager or his designee for further action including authorization to process all necessary budget amendments covering direction that involves the movement or use of TDC funds. SUBMITTED BY: Jack Wert, Tourism Director Item Number: Item Summary: Meellng Date: Agenda Item No. 16K4 Mi';agd,lafiiflCl AgendfiUlln Nb?10A October 27, 2009 Page4 of 7 COLLiER COUNTY BOARD OF COUNTY COMMISSIONERS 10A This ilem to be heard at 10:30 a.m. Recommendation that the Board of County Commissioners reviews the TDe Subcommittee recommendations as approved by the Tourist Development Council and provides directIon to the County Manager or his designee for further action Including the authorIzatIon to process all necessary budget amendments covering direction that involves the movement or use of TOC funds. (Jack Wert, Tourlsm Director) 10/27/20099:00:00 AM Toul1sm Director Oate Prepared By Jack Wert County Manager's OffIce Tourism 9/16/20094:27:37 PM Approved By Date Jack Wert County Manager's Office Tourism Director T aUTism 9116/20094:50 PM Date Approved By Colleen Greene County Attorney Assistant County Attomer County Attorney Office 9/1712009 10:32 AM Date Approved By OMS Coordinator County Manager's Office OMB Coordinator Office of Management & Budget 9/18/200910:40 AM Date Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office 9/22/2009 3:52 PM Date Approved By Mark. Isack.aon County Manager's Office Budget Analyst Office of Management & Budget 10119/20095:16 PM Date Approved By Leo E. Ochs, Jr. Board of County Commiscioners Deputy County Manager County Manager's Office 10/20/200911:17 AM file:IIC:\AgendaTest\Export\J37-0ctober 27,2009\10. COUNTY MANAGER REPOR1il... 10/21/2009 Agenda Item No. 16K4 May 11, 2010 Agenda8ff.l'rri ~8.f 11D'A October 27, 2009 Page 50f7 Cit-y ((j)f Marco JIsland l',bJ September 25, 2009 Honorable Donna Fiala, Chairman Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Chairman Fiala: On behalf of the Marco Island City Council, I am writing to express our concern regarding the Tourist Development Council's (TDC) recommendation to redirect $500,000 of Emergency Beach Re-nourishment Reserves toward tourism marketing. As you are probably aware, your coastal zone management staff, the Collier County Coastal Advisory Committee, and the Marco Island Beach Advisory Committee are all strongly opposed to the removal of any funds from emergency reserves, and rightfully so. As the engine that drives our economy, the beaches are critical to every aspect of our community. We believe that the reduction of critical emergency reserves specifically set aside to repair eroded beaches is not the solution to the need for funding of additional tourism marketing. We respectfully request that the Board of County Commissioners safeguard the integrity of the Emergency Beach Re-nourishment Reserves on behalf of our constituency. Sincerely, /~fW/~ Robert J. Popoff Council Chairman Agenda Item No. 16K4 May 11, 2010 Agendi'aeftl 'Nboij OA October 27, 2009 Page 6 of 7 ; 1/ ... f ~~!I.t~~~ ~t01TI~)l ~~ ~~r~ BILL BARNETT MAYOR August 21, 2009 Honorable Chairman and Board of County Commissioner. Collier County Govemment'l:::CJ:'!'P"Jl--- 3301 east Tamlaml Trail . Naples, Florida 34t12' .,~"...."-' "~'. Re: OPpO.ltIOIrtd"~TOurlS~'Development Counel" subcommittee - . ' .... '" recomll'ien~:'tiOii to mOdi'" beach funding for tourism promotion.;' , : ;, fi Dear Chall'!"'!n~la and B~~~~CO...' :::~;.~, ~:~!~'..'.:,,-,::.....,','Y'" . 7'';~~',' :;:~.\:;.:~... - ''''i /P~;~.J:;~~~ The Nap~~~:1='~.."I:'l' 'i..: ; '. ~+ffi~:rPf the Tourist D.v!f~~nt COURa lb. '.",...1. _ ~~.'th~~ beach renourlshment funds shoulci. ' rteirfi~':,.lqi..,'df tourism marketing and promotl~n. We beiieve the speblfic recommendations provide that Collier County Fund 195 be diverted to Fund 184. We understand that the TDC subcommittee recommendattons were presented to the Collier County Coastal Advisory Committee. The recommendations were considered and by a 6-2 vote they opposed the recommendation to divert beach renourlshment funds. 1.\5 ElGffi1{ STREET SOUll{ . NAPLES, R.ORIDA J4J02.ti796 TELEPHOr-."E (2.\9111)-1000 FAK f239l213-IOIO CFl..L r231J) 777.7q52 EMAII~: MoII)'OrNllplC:~@'1I01,Cflln HOME F...X (1391417-:'\R83 Agenda Item No. 16K4 May 11, 2010 AgencPa'imm1 fJ.I<9.1 1'\j\t, October 27. 2009 Page 7 017 Honorable Chairman and Board of County CommissIoners August 21, 2009 Page Two At the request of the Naples City Council, I respectfully ask that the Board of County Commissioners reject the recommendations of the TDC subcommittee to divert beach renourlshment funds for tourism marketing and promotion. We believe the current beach funding allocation has helped maintain a healthy, beautiful, and well-appreciated beach system in Collier County. This, In turn, has attracted visitors from throughout our nation and the world, and It has well-served our city and county residents. Thank you for considering our request. Sincerely, -/bi/~ Bill Barnett Mayor cc: Naples City Council .James Mudd .Jack Wert Gary McAlpin