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Agenda 10/27/2009 Item #10AAgenda Item No. 10A 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 (TDC) 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 full TDC on August 24. The TDC 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. TDC 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- 0. 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. 10A October 27, 2009 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 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 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 publication 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 to not increase 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 Naples City. Council has asked "that the Board of County Commissioners reject the recommendations of the TDC subcommittee to divert beach renourishment funds for tourism marketing and promotion:" In a letter dated September 25, 2009, The Marco Island City Council requested "that the County Commissioners safeguard the integrity of the Emergency Beach Renourishiment 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. 10A October 27, 2009 Page 3 of 7 $1,000,000 will be necessary re- directing 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 is provided. However, if TDC funds are not earmarked for County Museum operations, General Fund (001) revenues will be necessary to cover expected budget 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 Page 1 of 1 Agenda Item No. 10A October 27, 2009 Page 4 of 7 file:HC: \AgendaTest \Export\137-October 27, 2009 \10. COUNTY MANAGER REPORT \1... 10/21/2009 yy 'f r C�iu i.�li \ U N Ty BOARD OF COUNTY COMMISSIONERS Item Number: 10A Item Summary: This item to be heard at 10:30 a.m. 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. (Jack Wert, Tourism Director) Meeting Date: 10/27/2009 9:00:00 AM Prepared By Jack Wert Tourism Director Date County Manager's Office Tourism 9116/2009 4:27:37 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 9/1612009 4:50 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 911712009 10:32 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 911812009 10:40 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 9/22/2009 3:52 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1011912009 5:16 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 10/20/2009 11:17 AM Commissioners file:HC: \AgendaTest \Export\137-October 27, 2009 \10. COUNTY MANAGER REPORT \1... 10/21/2009 Agenda Item No. 10A October 27, 2009 Page 5 of 7 Cif-Y S➢7t IM'&TUO 131&nd CAT 4 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, Robert J. Popoff Council Chairman BILL BARNETT MAYOR August 21, 2009 Agenda Itern No. 10A October 27, 2009 Page 6 of 7 Honorable Chairman and Board of County Commissioners Collier County Government .CoTpfex - -. -- 3301 East Tamiami Trail Naples, Florida 34112 Re: Opposition t" Tourisf-Development Council subcommittee recomMen, ion to modify beach funding for tourism promotlon:> Dear Chairman FWa and Board of. Coy �tnissioners:. 1 R t 4 L �r�Si The Naples�City: oil iii 1#�t10�1;i olhrli>e „�f the 4 Tourist Devi opment CouncU"(tDC haolpdsti thst beach renourishment funds should ado .diverted 6T tourism marketing and promotion. We believe the specific recommendations provide that Collier County Fund 195 be diverted to Fund 184. We understand that the TDC subcommittee recommendations 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 renourishment funds. 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 TELEPHONE (239) 213 -10(X) FAX(239)213-1010 CELL 239) 777 -7952 EMAIL: MayorNaple0dlaolxom HOME FAX (239) 417 -5883 Agenda Item No. 10A October 27, 2009 Page 7 of 7 Honorable Chairman and Board of County Commissioners August 21, 2009 Page Two At the request of the Naples City Council, 1 respectfully ask that the Board of County Commissioners reject the recommendations of the TDC subcommittee to divert beach renourishment 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, Bill Barnett Mayor cc: Naples City Council James Mudd Jack Wert Gary McAlpin