Resolution 2013-081 81
RESOLUTION 2013-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIOENRS AMENDING THE TOURIST
DEVELOPMENT CATEGORY "A" FUNDING POLICY
DATED NOVEMBER 1, 2005 AND ESTABLISHING
AUTHORIZED USES FOR CATEGORY "A" FUNDS.
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 3rd and 4th percent tourist development tax; and
WHEREAS, on November 1, 2005, Collier County established a Tourist Development
Category"A" Funding Policy establishing authorized uses of Category"A" Funds; and
WHEREAS, the Board now wishes to amend the Category "A" Funding Policy to
provide a revised allocation of funds within Category "A" by increasing the allocation to beach
renourishment and beach-related maintenance activities and decreasing the allocation to beach
park facilities.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Tourist Development
Category "A" Funding Policy is amended as follows:
TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY
1. Authorized Uses of Category "A" Funds: 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 relate to the physical preservation of
the beach, shoreline or inland lake or river. (Ordinance No. 92-60, as amended.)
2. Source of other funds: Federal or State funds are desirable and should be diligently pursued.
3. Mandatory annual budget allocation of funds and maintenance of reserves.
a. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus
$0.5M per year thereafter (up to a maximum of$10M). In the event of a catastrophe
requiring the expenditure of all or part of these reserves, $0.5M will continue to be set
aside.
b. Major renourishment reserves shall be accumulated in the budget with $2.5M per
year. Reserves shall not be accumulated in the year(s) during the major beach
renourishment. (Scheduled for November 2013).
c. Beach park facilities (including beach access property acquisition) shall be funded
annually at 10.840 percent of the TDC Category"A" revenues.
d. Remaining funds may be used for eligible grant applications as outlined in the policy
below.
4. Eligibility: Eligible beach areas qualify for Category "A" funding. An "eligible beach area"
is:
a. Accessible to the public; and
b. No more than one-half mile from a beach park facility, public access point, hotel or
motel and if at least 80% of the entire beach area is classified as eligible, otherwise
ineligible gaps will be deemed eligible.
5. Ineligible beach areas:
a. Beach areas not meeting the criteria for eligibility of paragraph 4. above, are not
eligible for Category "A" funding. Renourishment or maintenance of these beach
areas are the responsibility of adjacent property owners and must be privately funded.
b. An area of an ineligible beach that is subject to high erosion, with the
recommendation of the Coastal Advisory Committee and finding by the Board of
County Commissioners that the project promotes tourism may have erosion control
structures installed, with Category "A" funding.
6. Inlet Sand Bypassing. The bypassing of sand across inlets may be funded by Tourist
Development Tax Category "A" funding provided the Inlet Management Plan recommends
the bypassing, the dredging of the pass or inlet is recommended by the Coastal Advisory
Committee, and is approved by the Board of County Commissioners with a finding that the
project promotes tourism. No TDC Category "A" funding will be approved for dredging
non-beach compatible material except when encountered during an approved realignment or
modification to an existing approved pass/inlet dredging project and then only when
recommended by the Coastal Advisory Committee, Tourist Development Council and
approved by the Board of County Commissioners with a finding that the project promotes
tourism.
7. Shore protection structures and project sponsorship. Projects, including construction and
maintenance of shore protection structures (groins,jetties, breakwaters, etc.), may be funded
by Category "A" funding for eligible beaches. However, `ownership' responsibilities must
rest with an entity other than "Tourist Development Taxes" — i.e. there must be a project
sponsor (private interest, taxing districts, municipalities or County Departments other than
those funded with Tourist Development Taxes).
8. Grant Application Review. The Coastal Advisory Committee and the Parks and Recreation
Advisory Board will prepare and maintain a proposed prioritized annual spending plan for
the use of Tourist Development Tax Category "A" funds, with a ten year projection. The
proposed plans will be submitted to the Board of County Commissioners (BCC) for their
consideration and approval, via the TDC. These submissions will coincide with the annual
Collier County budget cycle. The Coastal Advisory Committee will review all requests for
Tourist Development Tax Category "A" funds, with the exception of County maintained
beach park facilities that will be handled by the Parks and Recreation Advisory Board. Both
advisory boards will make recommendation for approval, denial or modification to the BCC,
via the TDC, consistent with the BCC established policy for use of these funds.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this alo day of N MICVL— , 2013, after motion, second and
majority vote favoring same.
ATTEST BOARD OF COUNTY C'a MMISSIONERS
DWIGHT'E. BROCK, Clerk •e LIE• CO TY, FLORIDA
f A
S GEOR e A R, ESQ., Chairwoman
signature only.:
Approved as to Form and Legal
Sufficiency:
(0.0-PiA7.47)fr-32
Colleen M. Greene
Assistant County Attorney