Item P7
4-1 2-2C2104 10: 2SAM
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80IIrcI of County eomm..........
Agenda Ibm 5ummary
Meeting Date: AprIl 21, 2004
Bulk Item: Yes IIYNo a
DIvIsIon: Board of County Commissioners
Depertment: Geor1Ie R. Neugent
AGEIIDA rnM WORDING:
ApprowI fraIn .... -.. flI County COIIUIf'-.-.......... ............ the Tourist
aelMlDplllmt CaundI .......... ........... en DAC m
rnM IIACICSJtOUIlID
It ... .....1IrauIht ............... .., Mr. _..t. (.......-ched) ..... ~.. ..... ..,
.... caunty AtIIIIMJ'" Mr. .............. lie . 1111, _ clue tD . CDIIIIc:t.... now ....
wIIIdI ,...I_1t I........ for ...... tlO lit _ the .At...... p..... an DAC m.
PREVIOUS RB.EVNIT IIOCIC AC1IOII:
c::cJIO'RACI'/ASREEMENT CllANGiESl
srAfF RECOMMENDA'TJON5;
toTAL COST:
~/~
BUD.-=.I:DI YES D NO D
COSI"l'O COUN1Y: $
Soura! d RInds:
REVENUE PItODUCINGI YES D NO D ANT Pm MONnI: YEAR:
APPROVED BY: ATTY .
APPRCN .
GEORGE
DISTRICT n
DOCUNINTATION: INO.UDED ~ TO FOU.OW D
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NOT REQUIRED IJ
DISPOS1TION:
AGENDA ITEM #
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Monroe County Tourist Development Council
Administrative Office
DATE:
TO:
FROM:
April 21, 2004
Key Noter, Marathon
Maxine Pacini
Administrative Assistant
RE:
CLASSIFIED AD: LEGAL SECTION
Please place the following legal ad in your newspaper to run in your regular scheduled
printing dates from April 23 - May 21St, 2004.
DISTRICT III ADVISORY COMMITTEE
(Mile Marker 47-63)
of the
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Has an opening for an
AT LARGE REPRESENTATIVE - Any resident who is not directlv
involved in a tourism business and who shall represent the general
public
Any person wishing to participate on the District III Advisory Committee of the
Monroe County Tourist Development Council within the district so noted above, may
request an application from the Administrative Office by calling (305) 296-1552.
All applications should be submitted to the address shown below:
Department DAC
Monroe County Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
Fax #: (305) 296-0788
Deadline for receipt of application at the above address is Friday, May 21 st, 2004
at 5:00 p.m. A resume should be attached to the application.
1"[ [lO~mA l[y5 & l[W~
HOMRO[ (OUNTYTOU RIST DfVllOPHOO COUN(ll
CIJIfB a; '1fJ11 OIBfJ
P. O. 866, Key West, Rorida 33041 U.S.A. (305) 296-1522 fax: (305) 296-0788
http://www.fla-keys.comsa/es@fla-keys.com
MEMORANDUM
DATE:
March 10, 2004
Commissioner George Neugent
Harold Wheeler
RE: 'At Large' Position - District Advisory Committees
Within the Monroe County Tourist Development Council's operations manual approved by the Soard
of County Commissioners (Section III, Page 4), the sacc shall appoint the three 'at large' seats on
the advisory committee of the district. This position is described as follows: (Section III, Page 7) At
Large - any resident who is not directly involved in a tourism business and who shall represent the
general public (BOCC 4117102)
When the sacc amended the definition of the 'At Large' position they made it very clear that they did
not want any connection to the tourism industry whether that be lodging or tourist related. It has
come to our attention that Mr. John Repetto serving as an 'At Large' member of the District III
Advisory Committee has direct involvement in a tourist related business Le. holds transient rental
licenses and collects tourist development tax revenues. Therefore, it is my opinion Mr. Repetto is not
eligible to serve as an 'At Large' member of DAC III. I have reviewed this memo and opinion with the
County Attorney's office who concurs with this correspondence.
The sacc may wish to appoint another member to replace Mr. Repetto and thus fulfill your (SaCC)
intent to fill this position with a member of the general public.
To fill the position, the TDC will advertise the opening of the position and bring back the applications
for your consideration at a future meeting.
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OUNTYolMONROE
ICIYWIIIr .:::J ~__
..,.......
Offa of the County Attarney
PO 80Jc 1026
Key West, FL 330..1-1026
305/292-3470 - Phone
305/292-3~16 - Fax
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MEMORANDUM
TO:
FROM:
Commissioner David Rice
SUZ8Dne A. HU~n #
Assistant County AttOrney
DATE:
SUBJECT:
April 6, 2004
TOC appointment of John Repetto
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IOAAbOFCOUNTy
MAYOR Mlrray e. NaJ.on, Oistrict 5
Mayw Pro T.... Oovid P. Rice. District
DiJCje M. Spehar. Oimtct 1
6eorge Neugent, District 2
Charla .Sonny' McCoy. District 3
RECEIVED APR 7 ZOM
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Your assistant, Tamara Lundstrom, has faxed to me a copy of Harold Wheeler's March 10,2004
memo to Commissioner Neugent regarding "At Large" Position. District Advisory Committees.
In the fax sheet cover memo, Ms. Lundstrom indicates that you request a legal opinion as to the
''TOe appointment of J. Repetto attached."
First, the Board of County Commissioners, not the me, appointed Mr. Repetto. Second, my
inlonnation is that Mr. Repetto's ownership of transient and long.term rentals was not made
known at the time he applied for his position as a member "at large" of District m Advisory
Committee. It has only been within the last six months or so that the infonnation has become
public knowledge. The property appraiser's office records indicate that the two rental units
which he holds in his and his wife's name were purchased in 2002 and 2003, which I believe are
subsequent to his appointment to the DAC. Accordingly, the initial appointment may not have
been in conflict with the requirement that the position be filled by "any resident who is not
directly involved in a tourism business and who shall represent the general public."
However. at the point in time that Mr. Repetto became involved in the ownership of transient
rental units, he became directly involved in a tourism business according to the discussions
leading up to the April 17,2002 adoption of the IDC policy for the description of a DAC "At
Lago" position. That discussion took place at both the TOC and the COmmission level and,
quite frankly, I became so frustrated with the efforts to define the position that I eventually
suggested that it be defined as a resident who is brain dead because everybody is impacted in
some manner by the tourist industry, even if it is just trying to negotiate the busy streets clogged
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Comm. David Rice
( Re: John Repetto
April 6, 2004
Page 2
with tourists. Finally, the definition which has been set forth was developed and approved, with
the understanding that since the "At Large" positions are County Commission appointments, as
opposed to TDC appointments, the ultimate fact finding as to whether or not a resident is
involved in tourism rests with the County CoD1l1)ission.
The tax is levied on transient rentals which seems to tie the transient rental inextricably into a
tourist-related activity. Further, the statute which levies the tax specifies that the TDC members
who represent the lodging industry are "operators of motels, hotels, recreational vehicle parks, or
other tourist Qccommodatioru." (emphasis added.) Therefore, it is my opinion that an owner of
transient rentals is involved in a tourist-related activity and does not qualify as a member "At
Large. "
Please feel free to call if you have any questions.
cc: Harold Wheeler /
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There were three records listed in the occupational license database at the Tax Collector's
office with the name John Repetto on them:
1. Apt. 512 at Gulf Point, Marathon
Has 'general' license for 1 unit Apt/Condo/House
She wasn't sure if it was transient or not but she did say that non-transients are
usually flagged and this one was not
Managed by: Florida Keys Vacations, Marathon, FL
2. House rental-listed as 'Out of business , as of 8/12/2002
806 Quarta del Sol, Marathon
3. 6004 Marina Villa Dr., Marathon (Hawks Cay)
Transient
Listed as 1 unit vacation rental
Managed by: Hawks Cay