Backup Documents 05/22/2012 Item # 9B�e
5 -22 -12 :.
AMENDING 92 -18 TDC
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/ Div: Tourism Person: Jack Wert, Director Date: 5/1/12;,
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach. separate sheet) See Above
Rearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 + days before hearing.) May 22, 2012 (NOTICE TO RUN NO
LATER THAN FRIDAY, MAY 11, 2012)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 92 -18, AS AMENDED, WHICH ESTABLISHED THE TOURIST DEVELOPMENT COUNCIL, BY
AMENDING SECTION THREE, ENTITLED "COMPOSITION OF MEMBERSHIP," PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
Reviewed by P.O. # 4500134360
Division Administrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE O
Date Received: �Date of Public hearing: _5 =A3- -Date Advertised: -t2 —
• t�
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 92 -18, AS AMENDED,
WHICH ESTABLISHED THE TOURIST DEVELOPMENT
COUNCIL, BY AMENDING SECTION THREE, ENTITLED
"COMPOSITION OF MEMBERSHIP," PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 92 -18 established the Tourist
Development Council pursuant to the authority and requirements of Section 125.0104, Florida
Statutes; and
WHEREAS, Ordinance No. 92 -18, as subsequently amended, provides that two
members of the Council shall be elected municipal officials with the City of Everglades and the
City of Marco Island alternating as the second municipal member; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No.
92 -18, as amended, specifically Section Three, "Composition of Membership," in order to
conform to Section 125.0104(4)(e), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO.
92 -18, AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE: COMPOSITION OF MEMBERSHIP.
The membership of the Collier County Tourist Development Council
shall be composed as follows:
(a) The Chairman of the Board of County Commissioners of Collier
County or any other members of the Board of County Commissioners as
designated by the Chairman to serve on the Council.
Underlined text is added; Stmok through text is deleted
Pagel of 3
tI7
(b) Two (2) members of the Council shall be elected municipal officials, at
least one (1) of whom shall be from the most populous municipality in the
County or Sub- County Special Taxing District in which the tax is to be levied.
The City e f 1J.,., «..I.,de n the City of 11 f.fee island shall .,lr.,... ate as
rh°
zzav -v�cJ -v
ja.vvai..s ffttmieipal member-. °
orealed in the Ge n4 then these muffieipalities shall be ineluded in the r-etafi
(c) shall > hete6,
„bj eet to ., ..,,uric+ development tw levied p nt to a fie 125.0W4-,
Fier-ida Statutes Six_ (6) members of the Council shall be persons who are
involved in the tourist industry and who have demonstrated psi
experience in tourist development, of which members, not less than three (31
nor more than four (4) shall be owners or operators of motels, hotels,
recreational vehicle narks, or other tourist accommodations in the County and
subject to the tax.
All members of the Collier County Tourist Development Council shall
be electors of Collier County and the members shall serve at the pleasure of the
Board of County Commissioners for staggered terms of four (4) years. The
terms of office of the original members shall be prescribed in the resolution
appointing the original members.
SECTION TWO: CONFLICT AND SEVERABILTTY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be
Underlined text is added; Stiuek thteugh text is deleted
Page 2 of 3
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form
Qjd legal sufficiency:
olleen M. Greene
Assistant County Attorney
Underlined text is added; £tmrak dwatigh text is deleted
Page 3 of 3
Maj
Acct #065229
May 4, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 1992 -18
Dear Legals:
Please advertise the above referenced notice on Friday, May 11, 2012, and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500134360
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 22, 2012, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 92 -18, AS AMENDED, WHICH
ESTABLISHED THE TOURIST DEVELOPMENT COUNCIL, BY AMENDING SECTION
THREE, ENTITLED "COMPOSITION OF MEMBERSHIP", PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
U 7m*i
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
• r
Ann P. Jennejohn
To: legals @naplesnews.com
Subject: Amending Ordinance 92 -18
Attachments: Amend 92- 18.doc; AMEND 92- 18.doc
Good Morning,
Please advertise the attached on Friday, May 11, 2012.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
• w
FAILRA
Ann P. Jennejohn
From: postmaster @collierclerk.com
To: Naples Daily News Legals
Sent: Friday, May 04, 2012 9:54 AM
Subject: Relayed: Amending Ordinance 92 -18
Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server:
Naples Daily News Legals <mai Ito; legals @naplesnews.com>
Subject: Amending Ordinance 92 -18
m
Ann P. Jennejohn
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Friday, May 04, 2012 10:30 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS471D jpg
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
05/04/12
Publication
NDN
Account Number
777187
Ad Number
1948997
Total Ad Cost
$249.06
NOTiCE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 22, 2412, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center. 3259 f=ast Tamiantl
Trail, Naples, Florida, the Board of County Commissioners ~mill consider the
enactment of a County ordinance. The meeting w o
ill commence at 9 :00 A,M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE Of THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NQ 92 -18, AS AMENDED, WHICH
ESTABLISHED THE TOURIST DEVELOPMENT COUNCIL, BY AMENDING SECTION
THREE. E'NT17LEV 'COMPOSITION OF MEMBERSHIP' ", PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file With the Clerk to the Board and are
available for inspection, All interested parties are invited to attend and be heard
NOTE All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of-the agenda item to be addressed
individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. if'
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of '3 weeks prior to the respective
public
oard shalhearing,
be submitted to therap opriaterCloun staff Intended minimum iof seven days
prior to the public hearing. All appropriate
used in p presentations before the Board
will become a permanent part of the record,
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining; thereto and therefore, may need to ensure that a verbatim
record of' the proceedings is made, vvhich record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability vvho needs any accommodation in artier to
participate in this proceeding, you are entitled, at no cost to you, to the prevision
of certain assistance. Please contact the Collier Count Facilities Management Department, located at 3335 Tamiarni Trail East, Suite 4101, Building W. Naples,
Florida 34112, (2.39) 252 -8380, Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COY LE, CHAIRMAN
DWIGHT G BROCK, CLERIC
By Ann Jennejohn, Deputy Clerk
(SEAL)
May 11, 2012 No. 1948997'
9B
Ann P. Jennejohn
From: NeetVirginia <VirginiaNeet @colIiergov.net>
Sent: Friday, May 04, 2012 2:28 PM
To: Ann P. Jennejohn; Green, Kelly; Rodriguez, Wanda
Cc: Greene, Colleen; Williams, Steven
Subject: RE: Ad Confirmation
Looks Good also!!
Oinny
- - - -- Original Message---- -
From: Ann P. Jennejohn fmai Ito: Ann.Jennejohn @coIIierclerk.coml
Sent: Friday, May 04, 2012 2:13 PM
To: GreenKelly; NeetVirginia; RodriguezWanda
Subject: FW: Ad Confirmation
Attached is the NON legal notice for the amendment to TDC Ordinance 92 -18 running next Friday, May 11.
Please check it over and send me your approval when you get a chance.
Thank you!
- - - -- Original Message---- -
From: Green, Amy fmai Ito: AGreen @Naplesnews.coml
Sent: Friday, May 04, 2012 10:30 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
05/04/12
Publication
NDN
Account Number
777187
Ad Number
1948997
Total Ad Cost
$249.06
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy,.distribute or take any action induced by or in reliance on information
contained in this message.
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Barbara Boyer, who on oath says that she serves as
the Sales Coordinator of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper I time in the issue
on May 1 Ith, 2012
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the said newspaper
Signature of affiant)
Sworn to and subscribed before me
This lst day of June, 2012
(Signa re of notary public
' ^i CRYSTAL G. JONES
MY COMMISSION # DD 881614
EXPIRES: June 27, 2013
f1f, t Bonded Thru Notary Public Underwriters
9R _
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, May 22, 2012, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 East Tamiami
Trail, Naples, 'Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9 ;00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE'NO. 92 -18, AS I AMENDED; WHICH
ESTABLISHED THE TOURIST DEVELOPMENT . COUNCIL, BY AMENDING SECTION
THREE, ENTITLED "COMPOSITION OF MEMBERSHIP ", PROVIDING FOR CONFLICT
SE
AND VERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS, AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda Item must register with the
County administrator prior to presentation of the agenda item to be 'addressed.
Individual speakers will be limited to 3 minute's on any item. The selection of an
individual to speak on behalf of an organization or groeip is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
- Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the resppective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding,, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County .Facilities Managyement
Department, located at 3335 Tamiami Trail East, Suite @101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing_ impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA -
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK -
By: Ann Jennejohn, Deputy Clerk
&
(SEAL) 2012 No 7948997
'
f,
ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP. 98
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through. #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward to ]an Mitchell (line #5).
Route to Addressee(s)
List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
5/22/12
Agenda Item Number
9 -B
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
5/23/12
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
3�
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
53111 L
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
5/22/12
Agenda Item Number
9 -B
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Amendment to Ordinance No. 92 -18 TDC
Number of Original
One
Attached
Ordinance aA'k
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be
JAK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
JAK
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 5/22/12 and all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
ORDINANCE NO. 2012 - 18
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 92 -18, AS AMENDED,
WHICH ESTABLISHED THE TOURIST DEVELOPMENT
COUNCIL, BY AMENDING SECTION THREE, ENTITLED
"COMPOSITION OF MEMBERSHIP," PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 92 -18 established the Tourist Development
Council pursuant to the authority and requirements of Section 125.0104, Florida Statutes; and
WHEREAS, Ordinance No. 92 -18, as subsequently amended, provides that two members
of the Council shall be elected municipal officials with the City of Everglades City and the City of
Marco Island alternating as the second municipal member; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 92 -18,
as amended, specifically Section Three, "Composition of Membership," in order to provide for
municipal seats for both the City of Naples and the City of Marco Island, provide for the ability of
City of Everglades City to appoint a member to the council, and provide for a membership
guideline of two members being owners or operators of motels or hotels, and one member who is
otherwise a qualified owner /operator.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 92 -18,
AS AMENDED.
Section Three is hereby amended as follows:
SECTION THREE: COMPOSITION OF MEMBERSHIP.
Underlined text is added; Stme' u5h text is deleted
Pagel of 3
a :l
The membership of the Collier County Tourist Development Council shall be
composed as follows:
(a) The Chairman of the Board of County Commissioners of Collier County or any
other members of the Board of County Commissioners as designated by the Chairman to
serve on the Council.
(b) Two members of the Council shall must be elected municipal officials, a—�4east one
taxing distr -iet in whieh the *w is to be levied. One member shall be from the City of
Naples and the other member shall be from the City of Marco Island. These members
shall be appointed from a list containing one or more qualified applicants submitted by the
respective governing bodies of those cities. The r ity of Evefg lades and the City of puree
island shall alternate as the seeend munieipal membef. in the event that et
munieipalities are legally er-ea4ed in the eounty, then these fntmieipafities shall be ifieli
rir the ' rotation rprvccsr for- the sccoiicrrii 'n'iiieil...l s..,.,..
(c) Three members shall be owners or operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations in the County subject to any tourist development
tax levied pursuant to Section 125.0104, Florida Statutes. In appointing such members,
the Board of County Commissioners will strive to obtain a membership guideline of two of
these members being owners or operators of motels or hotels, and one member who is
otherwise qualified.
(d) Three members of the Council shall be persons who are involved in the tourist
industry and who have demonstrated an interest in tourist development, but who are not
owners or operators of motels, hotels, recreational vehicle parks or other tourist
accommodations in the County which would be subject to any tourist development tax.
(e) Of the six members who are either owners or operators, or persons involved in the
tourist industly , one member shall be appointed from a list containing one or more
qualified applicants submitted by the governing body of the City of Everglades City.
All members of the Collier County Tourist Development Council shall be electors
of Collier County and the members shall serve at the pleasure of the Board of County
Commissioners for staggered terms of four (4) years. The terms of office of the original
members shall be prescribed in the resolution appointing the original members.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
Underlined text is added; Struok through text is deleted
Page 2 of 3
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 'Z gay of , 2012.
ATTEST"""'"'
D W I G C Ks ®E R K
App ve a to form
and ital griiciency:
Jeffre
Coun
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '�, W
FRED W. COYLE, CHAIR N
Underlined text is added; Struck dwough text is deleted
Page 3 of 3
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012 -18
which was adopted by the Board of County Commissioners
on the 22nd day of May, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of May, 2012.
DWIGHT E. BROCK
Clerk of Courts and;, C];erk
Ex- officio to
County Commis 'o er8 -.,'
By: Martha' V,`�
Deputy
)A-eg- We-a-j- i -r rn
5 l -L-L ( l -I-
Tourist Development Council
�>6 9B
As of May 22, 2012 Term Expiry Date Category Dist.
Commissioner Tom Henning
1/8/2013
Board of County Commissioners
3
Mayor John F. Sorey
4/21/2016
City of Naples
4
Councilman McBeth Collins
4/21/2016
Everglades City
5
Mr. Clark Wakefield Hill
4/21/2015
Owner /Operator
2
Mr. Edward R. Olesky
4/21/2014
Owner /Operator
5
Mr. Rick Medwedeff
5/22/2012
Owner /Operator
1
Mr. Robert A. Miller
4/21/2015
Non - owner /Operator
2
Ms. Susan Becker
4/21/2014
Non - owner /Operator
4
Mr. Murray H. Hendel
4/21/2016
Non - owner /Operator
4
New Ordinance I Term Expiry Date I Category I Dist.
Commissioner Tom Henning
1/8/2013
Board of County Commissioners
3
Mayor John F. Sorey
4/21/2016
City of Naples
4
Councilor
City of Marco Island
Everglades City Nominee
Owner /Operator
Mr. Clark Wakefield Hill
4/21/2015
Owner /Operator
2
Mr. Edward R. Olesky
4/21/2014
Owner /Operator /otherwise qualified
5
Mr. Robert A. Miller
4/21/2015
Owner /Operator /otherwise qualified
2
Ms. Susan Becker
4/21/2014
Non - owner /Operator
4
Mr. Murray H. Hendel
4/21/2016
Non - owner /Operator
4
9B ii 'I
Section 125.0104 (4)(e), Fla. Stat.
The governing board of each county which levies and imposes a tourist development tax
under this section shall appoint an advisory council to be known as the " (name of county)
Tourist Development Council." The council shall be established by ordinance and composed of
nine members who shall be appointed by the governing board. The chair of the governing board
of the county or any other member of the governing board as designated by the chair shall serve
on the council. Two members of the council shall be elected municipal officials, at least one of
whom shall be from the most populous municipality in the county or subcounty special taxing
district in which the tax is levied. Six members of the council shall be persons who are involved
in the tourist industry and who have demonstrated an interest in tourist development, of which
members, not less than three nor more than four shall be owners or operators of motels, hotels,
recreational vehicle parks, or other tourist accommodations in the county and subject to the tax.
All members of the council shall be electors of the county. The governing board of the county
shall have the option of designating the chair of the council or allowing the council to elect a
chair. The chair shall be appointed or elected annually and may be reelected or reappointed. The
members of the council shall serve for staggered terms of 4 years. The terms of office of the
original members shall be prescribed in the resolution required under paragraph (b). The council
shall meet at least once each quarter and, from time to time, shall make recommendations to the
county governing board for the effective operation of the special projects or for uses of the
tourist development tax revenue and perform such other duties as may be prescribed by county
ordinance or resolution. The council shall continuously review expenditures of revenues from the
tourist development trust fund and shall receive, at least quarterly, expenditure reports from the
county governing board or its designee. Expenditures which the council believes to be
unauthorized shall be reported to the county governing board and the Department of Revenue.
The governing board and the department shall review the findings of the council and take
appropriate administrative or judicial action to ensure compliance with this section. The changes
in the composition of the membership of the tourist development council mandated by chapter
86 -4, Laws of Florida, and this act shall not cause the interruption of the current term of any
person who is a member of a council on October 1, 1996.
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