PLACEMENT: Board and Committee Appointments
TITLE:
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TOURIST DEVELOPMENT COUNCIL APPOINTMENT
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EXECUTIVE SUMMARY:
executive summary
After solicitation for applicants due to a member resigning, the Board is asked to make the necessary appointment to the Tourist Development Council.
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DEPARTMENT: Administration
PREPARED BY: Name: Donna Gordon
Title: Administrative Services Program Coordinator
REQUESTED BY: Nerissa Okiye, Tourism Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Tourist Development Council was created pursuant to Section 71.238, General Ordinances, Martin County Code on January 20, 2015.
The Tourist Development Council shall have the following powers and duties:
1. Conduct public hearings to receive information from the public with respect to the effectiveness of the existing tourist development efforts by both public and private agencies, organizations, and businesses and the need for additional or different tourist development efforts.
2. Recommend a method of coordination of existing tourist development efforts by both public and private agencies, organizations, and businesses and of new or additional tourist development efforts to obtain maximum economy, efficiency, and effectiveness of the tourist development efforts in and for Martin County.
3. Identify and recommend methods of eliminating unnecessary duplications in existing tourist development efforts by both public and private agencies, organizations, and businesses and preventing or minimizing such duplications of new or proposed tourist development efforts.
4. Identify and develop new tourist development efforts by both public and private agencies, organizations, and businesses.
5. Create, prepare, and submit to the Board a Tourist Development Plan in the manner meeting the requirements of F.S.125.0104, and, from time to time thereafter, make recommendations to the Board for changes to the Tourist Development Plan.
6. From time to time, to make recommendations to the Board for the effective operation of the special projects or uses provided for in the Tourist Development Plan.
7. Review the expenditures of revenues authorized in the Tourist Development Plan and report to the Board and to the State Department of Revenue as required by F.S.125.0104.
8. Adopt, amend, and repeal rules and to implement the provisions of any ordinance for which it is responsible.
9. Submit an annual report to the Board of its activities and of the issues and progress of the tourist development efforts in and for the County.
Section 71.238 provides that the Tourist Development Council shall be composed of nine members. All members of the Council shall be electors of Martin County at the time of appointment and while serving on the Council. One member of the Council shall be the Chair of the Board or any other member the Board, as designated by the Chair of the Board, who shall also serve as Chair of the Council. The remaining members shall be appointed by the Board and shall have the following representative classifications:
1. Two members who are elected municipal officers, at least one of whom shall be from the most populous municipality in the County.
2. Three members who are owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the County that are subject to the tourist development tax.
3. Three members 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 that are subject to the tourist development tax.
The Tourist Development Council meets in the Commission Chambers every other month at 3:00 PM. The agendas are published to the County's website in a timely manner.
The Administration Staff received a letter of resignation from Nancy Benzenberg because she was no longer a Martin County resident. She was appointed to the Tourist Development Council in June 2025 and did not attend any meetings.
An Information Release soliciting applicants was emailed via Constant Contact to the Outreach Martin and Local Media which includes local Chambers of Commerce, local businesses, and citizens. The Information Release was also posted to the County's web page under News.
Administration Staff confirmed with the Supervisor of Elections Office that all the applicants are registered voters as required.
The Administration Staff will advise the applicants of the Commission's decision which will include Sunshine Law, conflicts of interest law, and public records law information to the appointed individual.
ISSUES:
The Board is advised that appointment of Mr. Adam Gee would create a conflict because he is the executive director of the US Sailing Center. The US Sailing Center, which leases land from the County at Indian Riverside Park for less than $500, has a Memorandum of Agreement with the County whereby the US Sailing center will be providing funding for the construction of a parking lot at Indian Riverside Park and the County will be maintaining the lot.
Section 112.313(7)(a) Florida Statutes, provides that "no public officer...shall have or hold employment or contractual relationship with any business entity...which is...doing business with an agency of which he or she is an officer or employee." In accordance with Section 112.313(12), Florida Statutes, the Board can waive this conflict for board members prior to a vote on the appointment. An effective waiver requires a two-thirds vote of the Board after full disclosure of the conflicting relationship. Form 4A, Disclosure of Business Transaction, Relationship, or Interest, is attached hereto and constitutes full disclosure of any existing conflicts.
The Board is asked to appoint one individual to fill the "involved in the tourist industry" position on the Tourist Development Council for a term to begin immediately and end July 10, 2029. A voting sheet is included.
Adam Gee Colleen Holmes
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law.
RECOMMENDED ACTION:
RECOMMENDATION
A. Move that the Board waive Adam Gee's conflict of interest under Section 112.313(12) Florida Statutes by a two-thirds vote based on the disclosure of the relationship in the Form 4A Disclosure of Business Transaction, Relationship, or Interest.
B. Move that the Board appoint one individual to fill the "involved in the tourist industry" position on the Tourist Development Council for a term to begin immediately and end July 10, 2029 and authorize the Chair to sign the Resolution of Appointment.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
?Budget Transfer / Amendment ? Chair Letter ?Contract / Agreement
?Grant / Application ?Notice ?Ordinance ?Resolution
?Other: