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Agenda 06/12/2012 Item #10B6/12/2012 Item 10.B. EXECUTIVE SUMMARY Appointment of a Marco Island City Representative to the Tourist Development Council, removal of Everglades City Councilman McBeth Collins from the Council, and acknowledgment that Everglades City has confirmed Mr. Robert A. Miller, who is currently a member to Council in the Interested Persons Category. OBJECTIVE: Restructuring the membership of the Tourist Development Council in light of the recent amendment of the TDC Ordinance. CONSIDERATIONS: The Board of County Commissioners amended the Tourist Development Council Ordinance on May 22, 2012. The amended Ordinance (1) provided a "municipal seat" for both the City of Naples and the City of Marco Island, (2) removed the alternating municipal seat that the Cities of Marco Island and Everglades had shared, and (3) reserved one of the six remaining seats on the Council for an Everglades City nominee. As a result of these changes, Councilman McBeth Collins no longer has a seat on the Council, as he was appointed to the alternating municipal seat. Following the amendment, The City of Marco Island submitted its recommendation of Councilman Gerald Gibson for appointment to the City of Marco Island Municipal seat for a term that will expire on April 21, 2016. Also following the amendment, Everglades City has submitted its recommendation of Robert Miller, a current TDC member. APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Gerard M. Gibson Marco Island representative I 1 Yes none Robert A. Miller Everglades City representative 12 Yes none LEGAL CONSIDERATIONS: Mr. Miller was previously appointed to the TDC under the following category: "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." This category was not changed with the recent amendment to the TDC Advisory Board Ordinance. During a recent TDC meeting, on questioning Mr. Miller advised he was a collector of the tax, which if true is a technical violation of the ordinance, but not a violation of the Florida TDC statute, Section 125.0104(4)(e), which authorizes up to 4 collectors of the tax. This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG Packet Page -396- 6/12/2012 Item 10.B. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners approves the appointment of City of Marco Island Councilman Gerald A. Gibson, confirms the removal of Everglades City Councilman McBeth Collins, and acknowledges Everglades City confirmation of current member Mr. Robert A. Miller to the Tourist Development Council, and directs the County Attorney to prepare a resolution confirming the above. PREPARED BY: Ian Mitchell, Executive Manager Board of County Commissioners AGENDA DATE: June 12, 2012 Packet Page -397- 6/12/2012 Item 10.B. COLLIER COUNTY Board of County Commissioners Item Number: 10. B. Item Summary: Revision of membership of the Tourist Development Council and to change the category of 1 member. Meeting Date: 6/12/2012 Prepared By Name: MitchellIan Title: Executive Manager, BCC 6/6/2012 9:01:24 AM Submitted by Title: Executive Manager, BCC - - Name: Mitchelllan 6/6/2012 9:01:25 AM Approved By Name: OchsLeo Title: County Manager Date: 6/6/2012 12:10:33 PM Packet Page -398- 6/12/2012 Item 10.B. Mitchelllan From: Dotty Smallwood [ dsmallwood @cityofeverglades.org] Awl Sent: Tuesday, June 05, 2012 3:53 PM To: Mitchelllan Cc: Mayor Subject: TDC Hi Ian, Per our phone conversation today you stated that the new Ordinance states that the TDC board member no longer has to be an elected official. Mayor Hamilton recommends to take McBeth Collins off and to replace with Robert Miller representing Everglades City. If you need anything else please let me know. Thanks so much Dottie Joiner, Packet Page -399- 6/12/2012 Item 10.B. 1 Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Commissioner Tom Henning 252 -8097 02/28/12 01/01/13 1 Year 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 E -Mail: tomhenning @colliergov.net District. 3 Category: BCC Commissioner District 3 Mayor John F. Sorey 434 -4601 03/09/04 04/21/08 4 Years 735 Eighth Street South 04 -24 -12 04 -21 -16 4 Years Naples, FL 34102 E Mail: council@naplesgov.com District: 4 Category: Municipal Officer - City of Naples Councilman McBeth Collins 04 -24 -12 04 -21 -16 4 Years P.O. Box 53 5254782 Everglades City, FL 34139 E -Mail. District. 5 Category: Everglades City Council Mr. Rick Medwedeff 642 -2600 04/11/06 04/21/08 2 Years 400 S. Collier Blvd. 825 -0048 05 -22 -12 04 -21 -16 4 Years Marco Island, FL 34145 E Mail: rick.medwedeff @marriott.com District: 1 Category: Owner /Operator Mr. Clark Wakefield Hill 430 -4900 07/26/05 04/21/07 2 Years 15515 Cedarwood Lane, #102 536 -5076 04/12/11 04/21/15 4 Years Naples, FL 34110 E Mail. chill @cooperhotels.com District. 2 Category: Owner /Operator Friday, May 15, 2012 Page 1 of 3 Packet Page -400- 6/12/2012 Item 10.13. Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Robert A. Miller 695 -2073 10/10/06 04/21/07 6 Mos. 9090 The Lane 594 -0967 4/12/11 04/21/15 4 Years Naples, FL 34109 E -Mail: oysterl127 @aol.com District: 2 Category: Non -Owner /Operator Mr. Murray H. Hendel 4301 Gulf Shore Boulevard Naples, FL 34103 E -Mail: murrp2h @aol.com District. 4 Category: Non -Owner /Operator Mr. Edward R. Olesky 6001 Lake Trafford Road • Immokalee, FL 34142 E -Mail: District: 5 Category: Owner /Operator Ms. Susan M. Becker 371 Eleventh Avenue South Naples, FL 34102 E Mail: smsbecker @comcast.net District. 4 Category: Non -Owner /Operator 04/13/04 04/21/08 4 Years 262 -0738 04 -24 -12 04 -21 -16 4 Years 657 -2401 04/11/06 04/21/10 4 Years 657 -2401 04/13/10 04/21/14 4 Years 03/26/02 04/21/06 4 Years 261 -7708 04/13/10 04/21/14 4 Years 0 Friday, Ma v 25, 2012 Page 2 of Packet Page -401- I Tourist Development Council 94 6/12/2012 Item 10.B. Name Work Phone ApptW Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member council was created on March 23, 1992 by Ord. No. 92 -18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 owner /operators, 3 non- owner /operators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord. 2000 -44 on 6/27/00 as follows: 'The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the rotation process for the second municipal seat. Reso 2002 -226 adopted on 5 -14 -02 permitting municipalities to recommend TDC appointees, with membership consisting of Chairman of BCC, 3 municipal representatives, 3 owner /operators and 2 nonowner /operators. On 9 -21 -04 BCC adopted Ord 2004 -57 deleting the non - voting member with professional experience in the promotion and marketing of special events. FL STAT.• 125.0104 Staff. Kelly Green, Tourism Department: 252 -2384 SFriday, May 25, 2012 Page 3 of 3 Packet Page -402- 6/12/2012 Item 10.B. Office of the City Manager James C. Riviere, Ph. D. May 30, 2012 Mr. Ian Mitchell, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 RE: Appointment to Collier County Tourist Development Council Dear Ian: At the Marco Island City Council meeting of May 21, 2012, City Council unanimously agreed to recommend the reappointment of Mr. Jerry Gibson to serve on the Collier County Tourist Development Council. We respectfully ask that you forward our City Council's recommendation to the Board of County Commissioners for the reappointment of Mr. Jerry Gibson to the Collier County Tourist Development Council. Sincerely yours, Dr. James C. Riviere City Manager cc: City Council 50 bald Eagle Drive, Marco Island, Florida 34145 (239) 389 -5000 FAX 12391 389 -4359 www.cifyofmarcoisIand.com Packet Page -403- 6/12/2012 Item 10.B. Board of County Commissioners 3301 F.ut Tamiami Trail Nobles, FL 34112 o (239) 2-52 -86116 Fax: (239) 252 -6406 .pplication for Advisory CommitteeslBoards Name: G £ 1"14 (Z 1> M s O Home Phone: a 39 - S'-1- 0'3a 0 Home Address: Q-O 1 S A,J (- k�rzo �0 TAi pl Code: C(T %) OP Fax No Business Phone: e-mail address: SCSI S v n) ® / A(L co�S t.A► Covh Place of Employment: Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years: )L 3 Months: Are you a registered voter in Collier County Yes X No Do you currently hold -public office? Yes `� No If so, what is that office? c It y Coo rJ C OF (V\A4`LC_ o 1 tt ,7 Have you ever been convicted of any offense against the Law? Yes No If yes, explain: Do you or your employer do business with the County? Yes No !\ If yes, under what circumstances? Would you and/or any organizations with whom you are affiliated benefit from decisions or recommendations made by this advisory board? Yes_No__X,_If yes, please list the organizations: NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Do you now serve, or have you ever served, on a Collier County board or committee? Yes No _](1 If yes, Please list the committees/boards: Packet Page -404- 6/12/2012 Item 10.B. Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience; Please attach any additiand information yon feel periinenL Thisapplieation should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamami Trail, Naples, FL 34112. If you wish, please fax your application to (239)252 -&M or e-mail to weldsoa @colGerrov.net. Thank you for volunteering to serve the citizens of Collier County. Packet Page -405- 6/12/2012 Item 10.B. Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate - . _ '2nd Term Commissioner Tom Henning 252 -8097 02/28/12 01/01/13 1 Year 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 E -Mail: tomhenning @colliergov.net District. 3 Category: BCC Commissioner District 3 Mayor John F. Sorey 434 -4601 735 Eighth Street South Naples, FL 34102 E -Mail: council@naplesgov.com District: 4 Category: Municipal Officer - City of Naples Councilman McBeth Collins P.,O. -Box 53 525 -4782 Everglades City, FL 34139 E -Mail: District. 5 Category: Everglades City Council Mr. Rick Medwedeff 400 S. Collier Blvd. Marco Island, FL 34145 E Mail: rick.medwedeff @marriott.con District: 1 Category: Owner /Operator Mr. Clark Wakefield Hill 15515 Cedarwood Lane, #102 Naples, FL 34110 E -Mail: chill @cooperhotels.com District: 2 Category: Owner /Operator 03/09/04 04 -24 -12 04 -24 -12 642 -2600 04/11/06 825 - 0048 05 -22 -12 430 -4900 07/26/05 536 -5076 04/12/11 04/21/08 04 -21 -16 04 -21 -16 04/21/08 04 -21 -16 04/21/07 04/21/15 4 Years 4 Years 4 Years 2 Years 4 Years 2 Years 4 Years a Friday, May 25, 2012 Page 1 of 3 Packet Page -406- • 6/12/2012 Item 10.13 Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Robert A. Miller 695 -2073 10/10/06 04/21/07 6 Mos. 9090 The Lane 594 -0967 4/12/11 04/21/15 4 Years Naples, FL 34109 E Mail: oysterl 127 @aol.com District: 2 Category: Non -Owner /Operator Mr. Murray H. Hendel 4301 Gulf Shore Boulevard Naples, FL 34103 E -Mail: murrp2h @aol.com District: 4 Category: Non - Owner /Operator Mr. Edward R. Olesky 6001 Lake Trafford Road Immokalee, FL 34142 E -Mail: District. 5 Category: Owner /Operator Ms. Susan M. Becker 371 Eleventh Avenue South Naples, FL 34102 E Mail: smsbecker @comcast.net District. 4 Category: Non -Owner /Operator 04/13/04 04/21/08 4 Years 262 -0738 04 -24 -12 04 -21 -16 4 Years 657 -2401 04/11/06 04/21/10 4 Years 657 -2401 04/13/10 04/21/14 4 Years 03/26/02 04/21/06 4 Years 261 -7708 04/13/10 04/21/14 4 Years Friday, May 25, 2011 Page 2 of 3 Packet Page -407- lkwe I Tourist Development Council Name Work Phone Appt'd Exp. Date Home Phone DateRe -appt 2ndExpDate 6/12/2012 Item 10.13. Term 2nd Term This 9 member council was created on March 23, 1992 by Ord. No. 92 -18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 owner /operators, 3 non -owner /operators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord. 2000 -44 on 6/27/00 as follows: "The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the rotation process for the second municipal seat. Reso 2002 -226 adopted on 5 -14 -02 permitting municipalities to recommend TDC appointees, with membership consisting of Chairman of BCC, 3 municipal representatives, 3 owner /operators and 2 nonowner /operators. On 9 -21 -04 BCC adopted Ord 2004 -57 deleting the non - voting member with professional experience in the promotion and marketing of special events. FL STAT. 125.0104 Staff. Kelly Green, Tourism Department: 252 -2384 Friday, May 25, 2012 Page 3 of 3 Packet Page -408- 6/12/2012 Item 10.13. ORDINANCE NO. 2012 -1 8_w 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 N0.92 -18, AS AMENDED. Section Three is hereby amended as follows: SECTION;THREE: COMPOSITION OF MEMBERSHIP. Underlined text is added; StmslE th mugh text is deleted Page 1,of 3 Packet Page -409- - 6/12/2012 Item 10.13. 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 at lei ene e whom shall be oftem the populeur, aRmieipe:14y in 4he eaunty spesial tawing discs^+ in whieh the t^ to be W °a. 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. (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- membrship e-guideline oftwo o-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 industry 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; deg# text is deleted Page 2 of 3 Packet Page - 410 - 6/12/2012 Item 1 O 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,," 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, thisZZrray of 2012. ATTES P* . 03' 8040* �k - BOARD OF COUNTY COMMISSIONERS DWI, RK I COLLIER COUNTY, FLORIDA Y ` ,By _ B y: s 'CI1 rk FRED W. COYLE, CHA App v to form and 1 al iciency: Jeffrey - cow County rney Underlined text is added; ugh text is deleted Page 3 of 3 Packet Page -411- 6/12/2012 Item 10.13. 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 Court e �, g.0�4rk Ex- officio to.t! f, County Comm: a Pne'r8 v `�i4 BY: Martha - Deputy Cie i Packet Page -412- AR4., mraJ I rtr�ur ;c�v► IUD Patricia L. Morgan From: MitchellIan <IanMitchell @colliergov.net> Sent: Friday, June 08, 2012 4:54 PM To: D LCO M M Cc: Ochs, Leo; Klatzkow, Jeff; Sheffield, Michael; Wert, Jack; Patricia L. Morgan Subject: TDC Agenda Item 10B Attachments: TDC List for 6- 12- 12.xlsx Dear Commissioners, The attached spreadsheet is an attempt to show on a spreadsheet the changes to the TDC presented at the upcoming June 12, board meeting. At Commissioner Hiller's suggestion it is provided as a guide. Regards, Ian N itche 11 Executive .Manager, BCC (239) 252 -8097 yhone (239) 252-6406 fax ianmitchell @collier og v.net Herder C ladda Law. e rr ai? addresses .are pubic reGofds. if you do not want your e-mail address released in resPWISR to a PUb':iC records request dr) not send e ectrr>rric frail to this entity. 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