TDC Minutes 04/11/2012 S April 11, 2012
MINUTES OF THE COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL MEETING
Naples, Florida, April 11, 2012
LET IT BE REMEMBERED, that the Collier County Tourist Development
Council in and for the County of Collier, having conducted business herein,
met on this date at 9:00 A.M. in a SPECIAL SESSION in Building "F",
County Manager's Office, Front Conference Room of the Government
Complex, Naples, Florida, with the following members present:
Chairman: Murray H. Hendel
Vice Chair: Rick Medwedeff
Commissioner Tom Henning
Susan Becker
Jerry Gibson (Excused)
Fiala at, ►/ Clark Hill
Hitter Robert Miller
Henning - }�
Coyle Edward (Ski) Olesky
a John Sorey III (Excused)
14402, r-
Misc. Corres:
Date: L-i (q 13
Item#: Le=2-A 1 S
ALSO PRESENT: Jack Wert, Tourism Director Copies to:
Gary McAlpin, Coastal Zone Management Director
Kelly Green, Tourist Tax Coordinator
Colleen Greene, Assistant County Attorney
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Collier County : April 11, 2012 Page 1 of 2
April 11, 2012
MEETING AGENDA&NOTICE
COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL
Collier County Government Center,Administration Bldg. F,3299 East Tamiami Trail, Naples,
Florida 34112
APRIL 11, 2012 9:00 a.m.
County Manager's Office, Front Conference Room
* Requires TDC Action
1.Call to Order-Chairman Hendel
2. Pledge of Allegiance
3. Roll Call
4. Changes and Approval of Agenda
5.Approval of TDC Minutes*
a. *Special Meetina March 16,2012
6. New Business
a.TDC Appointment Recommendations
b. Proposed TDC Ordinance Amendment on Deletina Municipal Seat Rotation
c.Vanderbilt Beach Restroom Lawsuit- Expert Witness Fees from Fund 183
7. Old Business
8. Public Comments
9. Council Member Discussion
10. Next Scheduled Meeting Date/Location -April 30, 2012-8:30 a.m.
Collier County Government Center,Administration Bldg. F,3rd Floor,3299 East Tamiami Trail,
Naples,Florida 34112
11.Adjournment
All interested parties are invited to attend,and to register to speak and to submit their
objections, if any, in writing,to the board prior to the meeting if applicable.
For more information, please contact Jack Wert at(239) 252-2402.
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, Naples, FL 34112-5356, (239) 252-8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for
additional time.
Collier County Ordinance No.99-22 requires that all lobbyists shall, before engaging in any
lobbying activities(including, but not limited to,addressing the Board of County
http://www.colliergov.net/index.aspx?page=3493 4/13/2012
April 11, 2012
Any persons in need of the verbatim record of the meeting may request a copy of the
video recording from the Collier County Communications and Customer Relations
Department or view online.
1. Call to Order
Mr. Hendel called the meeting to order at 9:00 A.M.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Roll Call
A quorum was established.
4. Changes and Approval of Agenda
Ms. Becker moved to approve the Agenda as presented. Second by Mr. Olesky.
Motion carried unanimously, 7-0
5. Approval of TDC Minutes
a. Special Meeting-March 16,2012
Change: Page 3, 2nd Motion, last sentence,from "Mr. Clark" to "Mr. Hill"
Mr. Medwedeff moved to approve the Special meeting, March 16, 2012 minutes
as amended. Second by Ms. Becker. Motion carried unanimously, 7-0.
6. New Business
a. TDC Appointment Recommendations
Jack Wert presented an Executive Summary"Review applications for
appointments to the Tourist Development Council", Memorandum dated April 3,
2012,Applications for Advisory Committee/Boards submitted by Douglas House,
Rick Medwedeff and Murray Hendel. (See attached)
A Resolution re-appointing Mayor John Sorey to the Tourist Development
Council dated March 22, 2012 has been received. (See attached)
It was noted Everglade City recommended Councilman Macbeth Collins
represent the rotating seat between Marco Island and Everglade City. The
recommendations will be submitted to the BCC.
Ms. Becker moved to nominate both,Mr. Hendel(Non-Owner/Operator) and
Mr. Medwedeff(Owner/Operator)for re-appointment to TDC. Second by Mr.
Miller. Motion carried unanimously, 7-0.
b. Proposed TDC Ordinance Amendment on Deleting Municipal Seat Rotation
Jack Wert presented and reviewed an Executive Summary "Recommendation to
the Tourist Development Council to approve and recommend an amendment to
the Tourist Development Council (Advisory Board) Ordinance No. 92-18, as
amended, to more specifically conform to the statutory language in Section
125.0104(4)(e), Florida Statute" dated April 11, 2012 for consideration.
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April 11, 2012
Ordinance No. 2012- with added and deleted text was also distributed. (See
attached)
A recommendation was made to change paragraph(c)to read:
Six (6) members of the Council shall be persons who are involved in the
tourist industry and who have demonstrated "experience" in tourist
development, of which members, not less than three (3) nor more than four
(4) shall be owners or operators of motels, hotels, recreational vehicle parks,
or other tourist accommodations in the County and subject to tax.
Mr. Medwedeff moved to change the wording in paragraph (c)from "an
interest"to "experience." Second by Mr. Hill. Motion carried unanimously,
7-0.
Mr. Medwedeff moved to accept the changes to the Statute as written with the
modifications made with the word "experience." Second by Mr. Hill. Motion
carried unanimously, 7-0.
c. Vanderbilt Beach Restroom Lawsuit—Expert Witness Fees from Fund 183
Gary McAlpin distributed and reviewed an Executive Summary
"Recommendation for the Tourist Development Council to approve and
recommend authorization to use Tourist Development Tax from Fund 183 Beach
Park Facilities for litigation expenses in support of the Administrative Petition
styled Rollin Rhea, et. al. v. Collier County and Florida Department of
Environmental Protection, DOAH Case No. 12-0495" dated April 11, 2012 for
consideration. He asked for recommendation from the TDC to fund the litigation
expenses in support of the beach park facility using tourist development tax funds
in the amount of$30,000 and find expenditure promotes tourism to be forwarded
to the BCC for approval.
Public Speaker
Kathleen Robbins, Secretary-Vanderbilt Beach Residents Association
Staff provided a Memorandum to Scott Teach, Deputy County Attorney from
Colleen M. Greene, Assistant County Attorney dated December 16, 2011
regarding Tourist Development Tax Section 125.0104(5) (a) 4, Florida Statute
RLS#11- CLK-00109
Commissioner Henning read out loud an excerpt from AGO 01-42 dated June
19, 2001 which did not list hiring an expert to defend a litigation matter.
Colleen Greene noted that is not included in the plain language of the statute but
gives the County the ability make a determination. The Attorney General
provides the discretion to the County to determine as to whether it is reasonable
type of expenditure of TDC funds.
Mr. Medwedeff moved to deny funding of this litigation on the use of TDC
Funds. Second by Mr. Miller. Motion carried, 6-1. Mr. Olesky opposed.
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April 11, 2012
8. Council Member Discussion
Jack Wert reported the TDC Subcommittee will present their recommendations to
CAC and PARAB in May.
9. Next Meeting Date/Location
The next scheduled meeting will be held on April 30, 2012 at 8:30 a.m.
There being no further business for the good of the County, the meeting ended at
9:50 A.M.
COLLIER COUNTY TOURIST
DEVELOPMENT COUNCIL
./7
airman Murray H. Hendel
These Minutes were approved by the Council on
as presented or as amended .
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