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TDA Board Meeting March 25 2015 NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY BOARD OF DIRECTORS MARCH 25, 2015 PRESENT: Jonathan Barfield, NHC Commissioner Anne Brodsky, Hotel – Kure Beach Kim Hufham, President/CEO – NHC TDA Neal Johnson, County Vacation Rental Property Frank Jones, Hotel – (150-) Wilmington Mike Keeler, Hotel – 150 (+) Wilmington Dean Lambeth, Mayor – Kure Beach Connie Majure-Rhett – Wilmington Chamber of Commerce Carl Marshburn, NHC Attraction Nicolas Montoya, Hotel – (150+) Wrightsville Beach Chuck Pennington, County Bed and Breakfast LeAnn Pierce, Hotel – Carolina Beach Angela Rhodes – County Restaurants Bill Saffo, Mayor – City of Wilmington Dan Wilcox, Mayor – Town of Carolina Beach Lisa Wurtzbacher, New Hanover County Finance Officer EXCUSED: Mayor Bill Blair ABSENT: N/A STAFF: Jeanette Foster/Administrative Services Manager, Recording Secretary Mikie Wall, Vice-President Sales and Services Connie Nelson, PR/Communications Director Karla Thompson, Technology/Systems Manager Shawn Braden, Executive VP of Marketing Linda Brothers, NHC Finance Department VISITORS: Kemp Burpeau, New Hanover County Assistant Attorney Miriah Hamrick – Lumina News Noel Fox and A.A. Canoutas – Attorneys for Carolina and Kure Beaches Chairman Frank Jones called the meeting of the New Hanover County Tourism Development Authority Board of Directors to order at 5:30 p.m. in the Lucy B. Harrell Board Room at the New Hanover County Government Complex. ITEM #1 – EXCUSED Mayor Bill Blair 1 ITEM #2– MINUTES APPROVAL – JANUARY 28, 2015 [Motion made by Connie Majure-Rhett, seconded by Michael Keeler and unanimously approved to accept the January 28, 2015 TDA Board minutes as read.] ITEM #3 – FINANCIAL REPORT – LISA WURTZBACHER st Lisa Wurtzbacher, Authority Treasurer, gave report on 1 3% through February 28, 2015. We are 8 months through the FY or 67%. st 1 3% expenditures – have spent roughly 59% or 8% below where we are for the Fiscal Year. nd 2 3% expenditures are always scued because of the activity funds, but we have spent $752,728 or roughly 25%. Convention Center expenses – have spent $225,673 or 67% of the budget so they are right on target. st Revenues – 1 3% has received approximately 64% or what was budgeted. This represents 6 months of collections due to the lag that we have. ROT – First 3% compared to last fiscal year for July – January - $3,026,508 or 12.37% over last FY for same period of time; calendar year to date compared to last calendar year – up 21.32%. nd 2 3%: Carolina Beach – Fiscal Year comparison – up 13.29% for July – January; calendar year to date (July – January) – up 44.04%. Kure Beach – Fiscal Year up 12.09%; calendar year up 61.51%. Wrightsville Beach Fiscal Yea up 8.34%; calendar year up 17.35%. City of Wilmington – Fiscal Year up 10.82%; calendar year up 13.21%. Convention Center – July – January FY– up 24.47%; calendar year – up 47.49%. District U – Fiscal Year up 19.23%; calendar year up 32.24%. Experienced increases all across the board. [Motion made by Anne Brodsky, seconded by Commissioner Jonathan Barfield and unanimously accepted to approve the financial report as presented.] 2 Lisa advised the Board on the status of our audit contract. We have been using Martin Starnes for the past several years. Our contract is up with them so had put out bids for proposals. Seven were received from various audit firms. Of the three critiqued, Cherry Bekaert was the lowest bid. They are a well -known reputable firm and have done tourism development authorities across the state. Their proposal came in at $2,750.00. [Motion made by Commissioner Jonathan Barfield, seconded by Chuck Pennington and unanimously approved to accept the audit proposal for contract with Cherry Bekaert.] ITEM #4 – REQUESTS FOR FUNDING – CAROLINA, KURE AND WRIGHTSVILLE BEACHES President/CEO Kim Hufham presented the requests for funding from Carolina, Kure and Wrightsville Beaches. Carolina Beach: The Town of Carolina Beach respectfully request TDA funds in the amount of $299,821.15 for expenses incurred for lifeguard salaries and benefits for the period of April – December, 2014. The Board has approved requests since 2003. The Town of Carolina Beach respectfully request funds in the amount of $3,500.00 towards the Street Arts Festival on 5/17/14. This is a public event sponsored with the Island Arts and Cultural Alliance. The TDA Board has approved requests since 2013. The Town of Carolina Beach respectfully request TDA funds in the amount of $16,815.00 for the Boardwalk Makeover now known as the CBDI for family entertainment during the period of July 2014 – October 2014. This includes family nights music and magic shows. The TDA Board has approved requests since 2008. Total amount requested is $320,136.15 and funds are available. [Motion made by Anne Brodsky, seconded by Chuck Pennington and unanimously accepted to approve the funding requests for Carolina Beach in the amount of $320,136.15 as presented.] Kure Beach: The Town of Kure Beach respectfully requests funding for expenditures for lifeguard services for the summer of 2014. The requested funds include expenditures for two budget years (2013-14 and 2014-15.) The TDA has approved requests since 2006. 3 Total amount requested is $173,045.47 and funds are available. [Motion made by Mayor Dan Wilcox, seconded by Mayor Dean Lambeth and unanimously accepted to approve the requested funds for lifeguard services in the amount of $173,045.47.] Wrightsville Beach: The Town of Wrightsville Beach respectfully requests TDA funds in the amount of $29,000 (July 1 – December 31, 2014) to be considered to help fund fireworks, advertising, public relations and media support associated with the planning and preparation of the 2014 N.C. Holiday Flotilla (fireworks display - $12,000 and other expenses - $17,000.00. The TDA has approved requests since 2004. The Town of Wrightsville Beach respectfully request TDA funding in the amount of $12,000 to help support the necessity to maintain a public restroom in the hub of the Wrightsville Beach business area commonly known as the Trolley Stop. The facility is the only public restroom in the central business area and is critical to supporting the local tourism industry. The TDA has approved requests since 2005. The Town of Wrightsville Beach respectfully request TDA funding in the amount of $377,101 to be considered to support their Ocean Rescue Program during FY 2015. This service provides comprehensive ocean rescue coverage for nearly four miles of beach strand and expanded manning of 13 lifeguard stations as well as mobile coverage and is staffed by 30 fully qualified personnel.. The TDA has approved requests since 2004. The Town of Wrightsville Beach respectfully request TDA funding in the amount of $100,000 to support their Beach Patrol Office function during FY 2015. This service provides two dedicated Patrol Officers to patrol nearly four miles of beach strand and attends to the enforcement of ordinances and policies related to the use of parks and beaches by both residents and visitors to the beaches, etc. that support the tourism industry. The TDA has approved requests since 2004. The Town of Wrightsville Beach respectfully request TDA funds in the amount of $35,000 to help support the cleaning of beach bathhouses and sanitation pick up on the oceanfront and other tourists related areas from July 1, 2014 through June 30, 2015. The amount includes salaries and benefits for this time period. The TDA has approved requests since 2007. Total funds being requested - $553,101.00. Total funds are not all available at this time and will be paid as they become available and receipts for same are received. 4 [Motion made by Chuck Pennington, seconded by Mayor Dan Wilcox and unanimously approved to accept the funding requests for Wrightsville Beach in the amount of $553,101.00.] ITEM #5 – PRESIDENT’S COMMENTS – KIM HUFHAM President/CEO Kim Hufham gave an update on several issues in the legislature that we know affect tourism, especially our area as a coastal community: One of the main ones being closely followed is the school calendar law which has been in effect since 2004. Currently schools in North Carolina cannot go back before the first Monday of the week of August 25 and have to dismiss by the week of June 10. This leaves most of June and August for vacation. To date, 35 bills have been filed to appeal this. What they want is to give the flexibility back to local school boards, a lot of which would go back to the first of August. If you look at our rooms tax collections, August is our second largest month so essentially you are looking at possibly taking that month away if schools go back to the earlier start date. In talking with folks in Raleigh, they are hoping to put this in a study committee. It is pretty much the tourism side against education. Instead of having the two sides pitted against one another, do a study to have a true impact of schools going back that early. A lot of these bills are in our major feeder markets. It is very important we stay on top of this. On film incentives, there have been two bills filed to date (Senate Bill 193 and House Bill 171.) that would modify the film grant program and increase the amount. Currently it is at ten million dollars which goes from January of this year when the old incentive ran out until June. Would like to get the level back up in Fiscal Year 15-16. Airbnb is another topic the legislature are discussing. There is an effort moving forward and legislation could possibly be filed where Airbnb would be required to be part of a registry. It doesn’t solve some issues, but would at least put them in a registry where sales tax and occupancy tax would be able to be tracked. Airbnb is a web site where people go to find this. If they are willing to work with local communities, or the state of North Carolina itself and form a registry in order for someone to be on that site, it would help the tax office track them more closely. Another topic is the sales tax distribution and what affects the counties. We will participate in our Tourism Legislative Day which will probably take place in April and we will have an opportunity to go to Raleigh and meet with our legislators as a tourism industry, followed by a reception that evening. National Tourism Week will be coming up May 2-10 and our Travel Rally Day will be Tuesday, May 5. Be on the lookout as we have some exciting things planned. 5 In the office itself, we are very busy with strategic planning and budgeting. This is our time of year where we are getting ready to delve into numbers and where we will be going for the next fiscal year. Connie’s department has a very busy month coming up. She has five travel writers/bloggers coming during the month of April. We’re also very excited to learn we are going to have a Fox News Team coming here from Cleveland at no cost to us. This will be great exposure for us. st We have two employees retiring March 31….Mikie Wall and Muriel Pearson. A reception is planned for next Monday, to be held at the Wilmington Convention Center from 4 to 6 p.m. and we hope Board members can come by to wish them well. ITEM #6 – OLD BUSINESS/NEW BUSINESS nd Chairman Frank Jones said at the last TDA Board Meeting the 2 3% Holdback issue through the beach communities was discussed and the beaches determined they wanted to take the Board’s proposal back to their attorneys (Carolina and Kure Beaches) to review. That issue is now back on the floor. President/CEO Kim Hufham indicated she had e-mailed a letter to the Board today concerning what had been sent to Kemp on the proposal the beaches would like to make. With this in mind, the floor was turned over to Mayor Dan Wilcox, spokesperson for the group. Mayor Wilcox noted that at the last TDA Board meeting, the Board was presented with a policy on the holdback funds. Did not really want to take it back to the attorneys, but to the Council to have a discussion with their respective towns about what their plans would be. He said in all fairness, they had probably done a poor job in laying out their plans to the CVB for use of the funds so that resulted in the CVB drafting the policy that was presented at the last meeting. Dan said they have now countered with a proposed policy and explanation of intent. He said obviously these are marketing funds. There is no intent of using them for anything but marketing funds. They do have, especially as coastal communities, an increasing concern about storm events. They have to make sure there are reserve funds to keep operating in case of natural disasters when all or most of their revenues are lost during that time and there would be nothing left the following season not only to promote the beach towns but to let people know they are back in operation. He said with the fact that each town has slightly different needs and ideas, the proposal is that funds would be set aside over a five-year period to be used as reserve funds for marketing or could be used for other things if there was some very special occasion, but the purpose is to set them aside to be used in the event of a natural disaster for marketing. Dan advised the CVB has a 25% reserve that is budgeted each year. It is not cumulative. They budget it and it gets rolled out at the end of year and is then 6 budgeted again for the next year. That 25% would not go very far for the county if we are hit with a natural disaster. The beaches’ proposal is that if they could retain up to 20% over the course of five years, that at the end of five years, there would be a fund equal to 125% of the Marketing budget. The CVB would retain this fund. Dan mentioned the fact that the four mayors and Kim had met to go over the plan; that all three beach towns support it and are now asking that the Board support it as well. The towns think this is a responsible thing to do and the CVB and TDA have fiduciary responsibilities. He said as town leaders they have the same responsibilities in case of an event, their towns do not suffer. Discussion highlights from the Board: Lisa wanted to know that in terms of the additional 20% the towns are asking to reserve, is this an additional 20% per year for five years? Per Dan “up to”. At the end of five years, would be a year’s worth of marketing and then a quarter of a year from what would be held back. Frank noted that currently 25% is held back and understands this would be in addition to that. Further discussion on how the rollover funds work, etc. Dan advised trying to find a formula that would give a little bit of flexibility to each of the beach towns. Commissioner Barfield commented that we need to up our marketing budget; not decrease it. Assistant New Hanover County Attorney Kemp Burpeau says this is a policy decision, not a legal one. Says we know the Board has the fiduciary duties. Notes it is a matter of how active do we want to be involved in that process in determining this specific holdback. Says Ms. Foxe, Carolina Beach Attorney, has done a good job in setting forth the different positions here. The staff had originally proposed the beach towns would come to the TDA and would requests based on a specific need, that the TDA would come up with a duration that funds would be spent in the upcoming fiscal year, or even not in the proposal, subsequent years. The Board could authorize it in future years if they chose to do so and also determine the amount to allot. We were proposing the Board have a very active role in this like you do when you approve tourism related expenditures for a particular purpose. The one the beach towns has come up with now is a little more automatic in that they could just tell the TDA they were holding up to 20% and they could do it for the five year time. We really have two proposals based on how active we want to be involved in the process in exercising the TDA’s fiduciary duties. Commissioner Barfield asked what the bottom line is. Lisa said for all three beaches about $180,000 a year. Lisa said the perspective she was looking at is if you say you can hold 20% each year, at the end of the five years, there would be a full 7 year…one year and a quarter being reserved. Based on the expenditures we had in 2014 would amount to over a million dollars if every beach decided they wanted to hold back 20%. Dan asked Ms. Fox (Attorney with Carolina Beach) if she had any comments. She said that what the beaches are saying is there will be a time when there is going to be a storm event so the beaches are asking through the TDA to be able to hold these funds so that when that happens, all of New Hanover County benefits. People come to New Hanover County for the beaches….not just the beaches, but the beaches are a compelling reason tourists come. If there is not the ability after a storm event to market to get people to come to the beaches; to be able to say we are ready for tourists, the towns are going to suffer for a long time as well as the TDA. Connie Majure-Rhett asked what special events had been referred to. Mayor Wilcox said the main purpose of the funds would be for marketing, but he could not speak for all of the beaches on any special event usage. Discussion stemming from monies set aside for crisis situations. President/CEO Kim Hufham says monies are set aside. Because of the budgeted funds we do have, we can also shift advertising funds and social media, etc. When you review the budget each year, you see a line item for crisis situations. If not used, it is usually used in the Spring for additional advertising purposes. We do not let it build up, we go ahead and spend it. Carl discussed what is used for marketing now and says it is not enough. Says it really concerns him and is very sensitive about just discussing beach towns. Says he looks at us as one community….one marketing area.. Mayor Wilcox again emphasized what they are asking for is reasonable. Says they have to decide what is in the best interest for their towns, etc. Following more discussion on what is being asked for, marketing funds, etc., it was determined we should find out what other TDA’s are doing for reserve marketing and table this discussion until the May meeting. [Motion made by Anne Brodsky, seconded by Connie Majure-Rhett and nd unanimously approved to table the 2 3% Hold Back Policy until the next meeting.] nd It was decided to form a group prior to the May meeting to further discuss the 2 3% Hold Back Policy to bring back to the TDA Board. The group will consist of Frank Jones, Lisa Wurtzbacher, Kemp Burpeau, Mayors Saffo, Wilcox, Blair and Lambeth, Michael Keeler, Kim Hufham, Commissioner Jonathan Barfield. Kim will coordinate setting up of this meeting. 8 ITEM #7 – CHAIRMAN’S COMMENTS – FRANK JONES N/A Adjourn at 6:25 p.m. Next Meeting Date: Wednesday, May 27, 2015 ______________________________ __________________________ Kim Hufham, President/CEO Angela Rhodes, Secretary Minutes located in TDA Board Minutes Book XI 9