Broward County Commission Regular Meeting


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AI-28110 41.       
Meeting Date: 12/11/2018  
Director's Name: Bertha Henry
Department: County Administration Division: Cultural Division

Information
Requested Action
A. MOTION TO ACCEPT grant applications received in the Tourist Development Tax Capital Challenge Grant Program (TDTCCGP) Second Application Cycle.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:12 AM)  Approved.

VOTE: 8-0.  Dr. Sharief was inaudible at the time of the vote.

ACTION:  (T-11:13 AM)  Dr. Sharief telephonically requested being shown voting in the affirmative.

VOTE: 9-0.


B. MOTION TO DEFER approval of the TDTCCGP Second Application Cycle to no later than January 29, 2018 to allow for appeal process to take place on December 13, 2018 and to direct staff to forward the review panel’s recommendations to the Broward County Board of County Commissioners (Board) for final review and approval.

(Transferred to the Consent Agenda.)

ACTION:  (T-11:12 AM)  Approved.  
Mayor Bogen pointed out a Scrivener’s Error in Item 41-B, the MOTION TO DEFER.  The date should read, January 29, 2019, instead of January 29, 2018.  (Refer to minutes for full discussion.)

VOTE: 8-0.  Dr. Sharief was inaudible at the time of the vote.

ACTION:  (T-11:13 AM)  Dr. Sharief telephonically requested being shown voting in the affirmative.

VOTE: 9-0.
Why Action is Necessary
Motion A: Pursuant to Chapter 29, Part II, Section 29.16. j.6.a., the recommended awards for the initial Second Application Cycle shall be submitted to the Board no later than December 15, 2018. Board approval is required to allocate funding under the TDTCCGP.

Motion B: The Second Application Cycle guideline allows for an Appeals Process. Written appeals are to be submitted and addressed to the BCC within 14 days of the date of the panel review meeting. The appeals workshop will occur at the next BCC meeting scheduled on December 13, 2019.
What Action Accomplishes
Motion A: The TDTCCGP review panel’s recommended awards are submitted to the Board by December 15, 2018.

Motion B: This allows for an Appeals Process.
Is this Action Goal Related
Previous Action Taken
The Board at its September 13, 2018 meeting (Item No. 57) approved a TDTCCGP Second Cycle Application program.
Summary Explanation/Background

CULTURAL DIVISION AND GREATER FORT LAUDERDALE CONVENTION & VISITORS BUREAU (GFLCVB) RECOMMEND APPROVAL.

This item supports the Board's value of "Cultivating community culture, arts, recreation and life-long learning" and goals relating to providing diverse artistic, cultural, educational and historical amenities and programs that contribute to a vibrant, multi-cultural and economically-viable community.

Periodically, Broward County receives requests for financial assistance from its municipalities or non-profit organizations to support capital projects using proceeds from the Tourist Development Tax (TDT), which may be used for tourism-related purposes, including tourist-related projects.

The Board, at its August 20, 2013 budget workshop, directed staff to create the TDTCCGP. At the November 12, 2013 Public Hearing (Item No. 11), the Board adopted Resolution No. 2013-880 amending the Broward Cultural Council's Incentive (Grant) programs in the Administrative Code to create the TDTCCGP to provide capital funding to eligible organizations, which was added as Chapter 29, Part II, Section 29.16. j. The Board subsequently amended that section to include additional involvement of the GFLCVB, including the tourism impact review report by the GFLCVB of the “bed nights” that are projected by the applicants.

In the first cycle, applicants must provide matching funds via cash contributions in a minimum ratio of 2:1. The cash matches may include an applicant’s available cash on hand earmarked for the project; irrevocable contributions of cash that will be received and obligated by the end of the project period; and the cost of site acquisition (for the applicant-owned property) if acquired within three years prior to the date of application. In-kind match must be identified and may not exceed 30% of the total projected cost. The maximum amount for each award may not exceed $500,000.

At its September 13, 2018 meeting (Item No. 57), the Board approved a TDTCCGP Second Application Cycle when unobligated funds remain in a given funding year. Under the Administrative Code Chapter 29, Part II, Section 29.16 j., the Board in its discretion may initiate a Second Application Cycle if more than $250,000 remains in the program's fund. From Fiscal Years 2014 to 2018, $3,690,007 was awarded to 11 recipients (Exhibit 1). Of the $5 million allocated over the previous five years, $1,309,993 is unobligated.

Grant applicants in the Second Application Cycle are required to commit and have available (through cash contributions) a minimum ratio of one-dollar matching funds to one-dollar grant funds. They are also permitted to apply for more than one grant in a five-year period and may receive up to $1 million cumulatively in a five-year period. Only applications receiving a narrative ranking of “High” or “Medium” are considered for funding. Applications receiving a “High” ranking shall be funded before applications receiving a “Medium” ranking. Within any ranking category (“High” or “Medium”), the first dollars awarded in the Second Application Cycle are given to any projects that have not, in the previous five years, been awarded TDTCCGP funds.

The grant review panel for this Second Application Cycle was held on November 5, 2018. The panel consists of five members: one member who has served on the Broward Cultural Council (BCC) for at least three consecutive years; one member who is the Tourist Development Council (TDC) liaison to the BCC; and three members who are hoteliers identified by the TDC. One hotelier member of the invited panel did not attend the panel review. (While the grant review panel consists of five members, the GFLCVB also participates in the ranking the projects for tourism impact).

Three grant applications were received (Exhibit 2). The project applications were reviewed and ranked on a High-Medium-Low-NonResponsive/Ineligible basis by the panel. The review sheet used by the grant review panel included the tourism impact review report by GFLCVB of the "bed nights" that were projected by the applicants (Exhibit 3).

The Performing Arts Center received a “High” rating, The City of Pembroke Pines received a “Medium” ranking and the City of West Park received a “Low” ranking and therefore does not qualify to receive funding (Exhibit 4).

The City of West Park subsequently submitted a Notice of Appeal (Notice) to the staff on November 19, 2018 (Exhibit 5). The Notice stated that the panel’s decision was based on insufficient information as it relates to the projected hotel room nights provided as an estimate for room nights within the City and surrounding areas that have great potential to attract overnight visitation. The Notice also stated that unlike other applications scored by the panel, the range between the lowest and the largest total score is rather large and inconsistent with how other applications were scored.

Cultural Division staff responded to the City of West Park (Exhibit 6) on November 30, 2018 and restated that according to the staff at the GFLCVB, the City of West Park’s room night projection seems high as the center will be new and just starting to attract visits and that there are limited hotels in the municipality and surrounding areas. Without accommodations, it seems unlikely to attract overnight visitation. It is difficult to determine the number of room nights without a history of generation by the municipality.

The table below, also included in the letter, demonstrated that the scores were reasonably consistent among the panel members and the GFLCVB staff.

  Kurland Koslowski Keesler Lundgren GFLCVB
City of Pembroke Pines
 
Medium Medium High Medium Medium
City of West Park
 
Low Medium Low Low Low
Performing Arts Center Authority High High High High High

GFLCVB sent a letter to the Cultural Division on December 3, 2018 (Exhibit 7), to further explain the low ranking given by staff. The letter stated that the mission of the GFLCVB is to promote and market the destination which is Broward County. Expending TDT dollars is set out in a Florida Statute 125.0104. The primary directive for the spending of TDT dollars is also the promotion and marketing of the destination. According to the GFLCVB, there is no way to accurately predict the City of West Park’s room night generation as there is no historical data provided. In addition, the dining and retail option focus are limited and focus on residents.

The BCC will discuss the appeal on December 13, 2018. BCC may vote to alter the funding recommendations or vote to approve the panel’s recommended funding.

Staff will bring the item back to the Board for consideration and for final approval no later than January 29, 2019. Staff will include the funding recommendations by the GFLCVB staff, TDTCCGP grant panel, and BCC.
Source of Additional Information
Leslie Fordham, Acting Director, Cultural Division, (954) 357-7532

Fiscal Impact
Fiscal Impact/Cost Summary:
The remaining unobligated funds for the prior year in the Convention Center Capital Fund for the TDT Capital Challenge Grant Program that are available for the 2018 Second Application Cycle are $1,309,993.
Attachments
Exhibit 1 - Summary of Grant Awards - FY2014 to FY20218
Exhibit 2 - Grant Applications and Project Descriptions
Exhibit 3 - GFLCVB Staff Review and Scores
Exhibit 4 - Panel Score Sheet
Exhibit 5 - Notice of Appeal from the City of West Park
Exhibit 6 - Letter to the City of West Park from Broward Cultural Division
Exhibit 7 - Letter from the GFLCVB


    

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