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M ,= M TO: The Board of County Commissioners FROM: ,7<� William G. Collins II - Deputy County Attorney DATE: December 6, 1993 SUBJECT: City of Vero Beach Request for Joint Resolution on Use of Tourist Tax Revenues On September 21, 1993 the Vero Beach City Council adopted Resolution No. 93-30, copy attached. The resolution, in essence, is a joint City -County pledge that 50% of County wide tourist tax revenues be utilized for beach preservation projects within District 1 (the City of Vero Beach) . The resolution was considered by the Tourist Development Council e - October 27, 1993. A motion to recommend that the Board of Count. Commissioners approve the resolution as pregented (Exhibit 1) was amended (Exhibit 2) because of concern that one half of tourist tax revenue would be pledged to District I beach projects (paragraph 4) even if there was growth in revenues beyond that needed to support a bonded beach project. That would preclude expenditures for either District I hotel advertising, etc., or District II beach projects. Neither motion received the four votes necessary to pass, thus the matter is before the Board of County Commissioners without a formal recommendation of the Tourist Development Council. Prior to action on the requested joint resolution, the Board of County Commissioners' ahould be aware of the following points: 1. Such a resolution is not legally binding. The current Commission/ Council could at any time depart from the Resolution's formula on the use of tourist tax revenues. Similarly, it would not be binding on any future Commission/ Council. - - 2. The resolution seems premised on the assumption that the Vero Beach City Council is entitled to one half of all tourist tax revenues or all of District I revenues. Under Florida Statutes, the Board of County Commissioners has full authority over the appropriation of all tourist tax revenues from District I and District II, with the City of Vero Beach being allocated one of nine seats on , the Advisory Tourist Development Council. 3. Under Indian River County Code Chapter 210, one cent or one third of the total tourist tax is dedicated to beach projects. The County Commission has the discretion to increase the amount of tourist tax revenues dedicated to beach projects to 1.5 cents or one half the total tourist tax. This resolution as presented removes that discretion and pledges one half of the total tourist tax to beach projects, with a further proviso that such beach projects must be in District I. Vero Beach City Attorney Larry Braisted explained that this resolution should satisfy the concerns of the Tourist Development Council. He advised that Councilman Jack Grossett has already reviewed it and is in concurrence with it. The other City Council members will review it at their next meeting. 39 DECDECA 4 1993 BOOK 91 PMH258