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Agenda 02/28/2012 Item #11D2/28/2012 Item 11. D. EXECUTIVE SUMMARY Recommendation to consider the Tourist Development Council (TDC) request to allow the TDC to elect and rotate the Chairman from among the TDC members and in light of a recent resignation to request that the Board Chairman either serve on the TDC or designate a member of the Board to serve on the TDC in compliance with Section 125.0104(4)(e), Fla. Stat. and Ordinance No. 92 -18, as amended. OBJECTIVE: To authorize the Tourist Development Council to elect and rotate the Chairman from among the TDC members and to request that the BCC Chairman either serve on the TDC or designate a member of the Board to serve on the TDC. CONSIDERATIONS: On Friday, February 17, 2012, the Tourist Development Council ( "TDC ") held a special meeting to review the annual TDC grant process for Category B and C -2 Grants. Prior to the meeting, Commissioner Hiller sent a letter via hand - delivery to the TDC advising that she had resigned her position as Chair of the TDC effective immediately. The TDC elected an interim Chairman and Vice - Chairman to serve until further direction from the Board of County Commissioners. The TDC also voted to ask the BCC for authorization to elect and rotate the TDC Chairman from among the members. Section 125.0104(4)(a), Fla. Stat., governing the Tourist development tax, provides: "[t]he governing board of the county shall have the option of designating the chair of the council or allowing the council to elect a chair." In addition, based on Commissioner Hiller's resignation, a new BCC representative must be designated. Pursuant to both Florida statute and County Ordinance, the Chainnan of the BCC may decide to serve as Chairman of the TDC or may designate another BCC member to serve. Section 125.0104(4)(x), Fla. Stat., provides: "[t]he 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." Chairman Coyle may designate the BCC representative or he may defer to the BCC and seek a vote on the matter. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan from this action. ADVISORY BOARD RECOMMENDATIONS: Council member Bob Miller made a motion to request that the BCC allow the TDC to elect and rotate the chairman from among the TDC members which was seconded by Rick Medwedeff. The motion carried unanimously 5 -0. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — JAK RECOMMENDATION: Recommendation to consider the Tourist Development Council (TDC) request to elect and rotate the Chairman from among the TDC members and in light of a recent resignation to request that the Board Chairman either serve on the TDC or designate a member of the Board to serve on the TDC in compliance with Section 125.0104(4)(e), Fla. Stat. and Ordinance 92 -18, as amended. SUBMITTED BY: Jack Wert, Tourism Director Jeffrey A. Klatzkow, County Attorney Packet Page -507- 2/28/2012 Item 11. D. COLLIER COUNTY Board of County Commissioners Item Number: 11.D. Item Summary: Recommendation to consider the Tourist Development Council (TDC) request to allow the TDC to elect and rotate the Chairman from among the TDC members and in light of a recent resignation to request that the Board Chairman either serve on the TDC or designate a member of the Board to serve on the TDC in compliance with Section 125.0104(4)(e), Fla. Stat. and Ordinance No. 92 -60, as amended. (Jack Wert, Tourism Director) Meeting Date: 2/28/2012 Prepared By Name: GreenKelly Title: Tourist Development Tax Coordinator,Tourism 2/21/2012 3:38:21 PM Submitted by Title: Director - Tourism,Tourism Name: WertJack 2/21/2012 3:38:23 PM Approved By Name: Wer0ack Title: Director - Tourism,Tourism Date: 2/21/2012 5:30:58 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 2/22/2012 8:22:42 AM Name: KlatzkowJeff Title: County Attorney Date: 2/22/2012 9:08:45 AM Name: FinnEd Title: Senior Budget Analyst, OMB Packet Page -508- Date: 2/22/2012 9:43:20 AM Name: OchsLeo Title: County Manager Date: 2/22/2012 11:59:42 AM Packet Page -509- 2/28/2012 Item 11.D. 2/28/2012 Item 11.D. Board of Collier County Commissioners Donna Fiala Georgia A. Hiller, Esq, Tom Henning Fred W. Coyle Jim Coletta District 1 District 2 District 3 District 4 District 5 February 17, 2012 Board of County Commissioners Tourist Development Council Members Leo Ochs, County Manager Jeff Klatzkow, Esq., County Attorney Ian Mitchell, Executive Manager to the Board of County Commissioners Members of the Board, Council and Staff: I have reviewed the circumstances under which I became the chair of the Tourist Development Council for this next year. I believe for me to remain in this position is inappropriate, and as such, I am resigning my position as chair of the Tourist Development Council effective immediately. It has been an honor and a pleasure to have served with you. Georgia A. Hiller, Esq. Commissioner, District 2 3299 Tamiami Trail East, Suite 303 • Nanlac Finritda 34119 -574R • 239 -252 -8097 • FAX 239 - 252 -3602 Packet Page -510-