Agenda 11/13/2014 PELICAN BAY SERVICES DIVISION
Municipal Service Taxing & Benefit Unit
NOTICE OF PUBLIC MEETING NOVEMBER 13, 2014
THE AD-HOC COMMERCIAL MEMBER COMMITTEE OF THE PELICAN
BAY SERVICES DIVISION WILL MEET AT 2 PM ON THURSDAY,
NOVEMBER 13 AT PELICAN BAY SERVICES DIVISION, LOCATED IN
THE SUNTRUST BANK BUILDING, 3RD FLOOR, SUITE 302, AT 801
LAUREL OAK DRIVE, NAPLES, FLORIDA, 34108.
AGENDA
1 . Pledge of Allegiance
2. Roll call
3. Agenda approval
4. Audience comments
5. Review commercial members ERUs and brainstorm ways to
recruit and retain new commercial members
6. Review and consider changes to the ordinance as it pertains to
commercial members
7. * Approve recommendation to present to the full PBSD Board on
Dec 3
8. Adjourn
* asterisk indicates possible Committee action item
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO
ONE (1) MINUTE PER ITEM TO ADDRESS THE BOARD. THE BOARD WILL SOLICIT
PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY PERSON
WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD
ENCOURAGES YOU TO SUBMIT YOUR COMMENTS IN WRITING IN ADVANCE OF
THE MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING YOU ARE
ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT
THE PELICAN BAY SERVICES DIVISION AT (239) 597-1749 OR VISIT
PELICANBAYSERVICESDIVISION.NET.
11/10/2014 8:34:09 AM
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•
PELICAN BAY SERVICES DISTRICT
FY 2015 ASSESSMENT Total $ 2,794,422.00 $ 455,000.00 $ 3,249,422.00
Per Unit $ 367.00 $ 59.76 $ 426.76
Commercial Folio# Acres Units Factor O&M Capital Total
Ritz Carlton 00168360006 26.22 150.77 5.75 $ 55,332.15 $ 9,009.42 $ 64,341.57
Public Library 00169000006 1.69 9.72 5.75 $ 3,567.21 $ 580.83 $ 4,148.04
Fire Station 00176682006 3.63 20.87 5.75 $ 7,659.23 $ 1,247.11 $ 8,906.34
Fifth Third Bank 32435500101 0.84 4.83 5.75 $ 1,772.60 $ 288.62 $ 2,061.22
Market Place Parcel 1 64030000252 4.1 23.58 5.75 $ 8,653.79 $ 1,409.05 $ 10,062.84
Market Place Parcel 2(Albertson's) 64030000508 5.23 30.07 5.75 $ 11,035.60 $ 1,796.86 $ 12,832.47
Market Place Parcel 3 64030001002 6.38 36.69 5.75 $ 13,465.12 $ 2,192.45 $ 15,657.57
Market Place Parcel 4(World Savings) 64030001109 1.03 5.92 5.75 $ 2,172.62 $ 353.76 $ 2,526.38
Market Place Parcel 5(Ruby Tuesday's) 64030001206 1.11 6.38 5.75 $ 2,341.44 $ 381.24 $ 2,722.68
Market Place vacant parcel 64380000355 2.19 12.59 5.75 $ 4,620.49 $ 752.33 $ 5,372.82
Pelican Bay Financial Center 64380000601 4.03 23.17 5.75 $ 8,503.32 $ 1,384.55 $ 9,887.87
HMA,Wachovia 66270040009 9.98 57.4 5.75 $ 21,065.63 $ 3,430.00 $ 24,495.63
SunTrust 66270120000 4.66 26.8 5.75 $ 9,835.52 $ 1,601.46 $ 11,436.98
Waterside Shops 66270160002 23.15 125.70 5.43 $ 46,131.53 $ 7,511.34 $ 53,642.87
Morgan Stanley 66270200001 3.07 17.65 5.75 $ 6,477.50 $ 1,054.69 $ 7,532.19
Morgan Stanley(additional land) 66270200108 0.63 3.62 5.75 $ 1,328.53 $ 216.32 $ 1,544.85
Philhamonic Ctr for the Arts 66270240003 6.5 37.38 5.75 $ 13,718.35 $ 2,233.68 $ 15,952.03
Comerica Bldg 66270240100 2 11.5 5.75 $ 4,220.47 $ 687.19 $ 4,907.66
Waterside Shops(Saks parcel) 66270240207 0.71 4.08 5.75 $ 1,497.35 $ 243.80 $ 1,741.15
Waterside Shops(Jacobson's parcel) 66270240304 0 0 0.00 $ - $ - $ -
Waterside Shops(US Trust parcel) 66270240401 1 5.75 5.75 $ 2,110.23 $ 343.60 $ 2,453.83
Waterside Shops(Barnes Noble parcel) 66270240508 1.25 7.19 5.75 $ 2,638.71 $ 429.65 $ 3,068.35
Waterside Shops(Nordstrom's parcel) 66270240605 1.29 7.42 5.75 $ 2,723.12 $ 443.39 $ 3,166.51
St.Williams 66272360004 6.26 36 5.75 $ 13,211.89 $ 2,151.22 $ 15,363.11
Registry Hotel 475 units 17.8125 161.5 9.07 $ 59,270.02 $ 9,650.60 $ 68,920.63 0.34 per unit
Inn at Pelican Bay 51680000107 2.5 14.38 5.75 $ 5,277.42 $ 859.29 $ 6,136.71
Other
PBSD(water plant) 66330200022 12 12 1.00 $ 4,403.96 $ 717.07 $ 5,121.04
County Park 66679080505 14.88 14.88 1.00 $ 5,460.92 $ 889.17 $ 6,350.09
The Club at Pelican Bay
66330042002 2.13 2.13 1.00 $ 781.70 $ 127.28 $ 908.98
66330043001 6.64 6.64 1.00 $ 2,436.86 $ 396.78 $ 2,833.64
66330043056 0.71 0.71 1.00 $ 260.57 $ 42.43 $ 302.99
66330080006 69.33 69.33 1.00 $ 25,443.91 $ 4,142.89 $ 29,586.79
10 acres club and maintenance facility 10 57.5 5.75 $ 21,102.33 $ 3,435.97 $ 24,538.30
66330200006 3 3 1.00 $ 1,100.99 $ 179.27 $ 1,280.26
66330200051 1.43 1.43 1.00 $ 524.81 $ 85.45 $ 610.26
66530120009 0 0 1.00 $ - $ - $ -
66674441453 135.22 135.22 1.00 $ 49,625.34 $ 8,080.21 $ 57,705.56
66330041003 1.01 1.01 1.00 $ 370.67 $ 60.35 $ 431.02
66330280000 0.57 0.57 1.00 $ 209.19 $ 34.06 $ 243.25
66330321008 0.04 0.04 1.00 $ 14.68 $ 2.39 $ 17.07
66432560204 0.57 0.57 1.00 $ 209.19 $ 34.06 $ 243.25
66674440357 0 0 1.00 $ - $ - $ -
66674440454 0 0 1.00 $ - $ - $ -
Ii
Residential
Gulf Bay residential acres(Waterpark Place C) 81210001753 3.55 43.95 12.38 $ 16,129.52 $ 2,626.28 $ 18,755.80
Gulf Bay residential acres(Waterpark Place D) 81210002257 4.39 54.35 12.38 $ 19,946.29 $ 3,247.74 $ 23,194.03
Total per acre calculated parcels 402.7325 1,244.29 $ 456,650.76 $ 74,353.87 $ 531,004.64 .
Total Residential 979.5284 6,370.00 $ 2,337,771.24 $ 380,646.13 $ 2,718,417.36
Total ERU's 7,614.29 $ 2,794,422.00 $ 455,000.00 $ 3,249,422.00
•
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
FOOTNOTE(S):
---(27)---
Editor's note—Ord. No. 01-19, §§ 1, 2, adopted Apr. 10, 2001, amended §§ 122-1651-122-1658 in
their entirety. Further, said ordinance added §§ 122-1671-122-1678 and repealed §§ 122-1659-122-
1661 in their entirety. Formerly said repealed sections pertained to bonding and borrowing; revenue and
expansion, contraction, merger and dissolution as related to the former Pelican Bay Services District. See
the Code Comparative Table—Ordinance Disposition.
Subsequently, Ord. No. 02-27, §§ 1-16, adopted May 28, 2002, amended art. LXI to read as herein set
out.
DIVISION 1. -GENERALLY
Sec. 122-1651. -Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit.
Pursuant to Chapter 125, Florida Statutes, and Collier County Ordinance No. 88-23, the Pelican Bay
Municipal Service Taxing and Benefit Unit (hereinafter "Unit") is hereby created for the purpose of
providing street lighting, water management, extraordinary law enforcement service and beautification,
including but not limited to beautification of recreation facilities, sidewalk, street and median areas,
identification markers, the maintenance of conservation or preserve areas, including the restoration of the
mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41
from Pine Ridge Road to Vanderbilt Beach Road. While repealing prior ordinances pertaining to the unit,
the purpose of this article is to adopt a new ordinance that consolidates said preexisting ordinances into
one easily read and understood article, with some modifications that express the will of the property
owners within the unit.
(Ord. No. 02-27, § 1, 5-28-02; Ord. No. 2006-05, § 1)
Sec. 122-1652.-Boundaries of the unit.
The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands
as described on the attached Exhibit"A"*and as depicted on the map attached hereto as Exhibit"B".
(Ord. No. 02-27, §2, 5-28-02)
* Note— Exhibit A is not set out herein, but available as an attachment to Ord. No. 02-27.
Sec. 122-1653.-Governing body.
The governing body of the unit shall be ex-officio the Board of County Commissioners of Collier
County, Florida.
(Ord. No. 02-27, § 3, 5-28-02)
Sec. 122-1654. -Purpose; powers.
The Unit is formed for the purpose of providing street lighting, water management, beach
renourishment, ambient noise management, extraordinary law enforcement service and beautification,
including but not limited to, beautification of recreation facilities, sidewalk, street and median areas,
identification markers, the maintenance of conservation or preserve areas including the restoration of the
mangrove forest preserve and to finance the landscaping beautification of only that portion of U.S. 41
from Pine Ridge Road to Vanderbilt Beach Road in the above-described taxing and benefit unit and to
that end shall possess all the powers to do all things reasonably necessary to provide such services. The
Page 1
Unit will be solely responsible for advising the County on dredging and maintaining Clam Pass for the
purpose of enhancing the health of the affected mangrove forest, and will manage such activities for the
County.
(Ord. No. 02-27, §4, 5-28-02; Ord. No. 2006-05, §2; Ord. No. 2013-19, § 1; Ord. No. 2013-61, § 1)
Sec. 122-1655. -Annual estimates of expenses;taxation and assessment rate.
For the purpose of carrying into effect and the administration of this article, the Board of County
Commissioners shall annually, at the time required by general budgetary law, review and adopt an
itemized estimate of the amount of money required to carry out the business of the unit for the next fiscal
year, which shall be from October 1 to and including September 30 following (the "budget"). The
proposed budget shall be prepared and reviewed by the Pelican Bay Services Division Board prior to its
consideration by the Board of County Commissioners and after review by the Pelican Bay Services
Division Board, the budget shall be heard, considered and adopted by the Board of County
Commissioners as provided for herein. The proposed budget shall describe the purpose or purposes for
which the moneys are required and the amount necessary to be raised by taxation and special
assessment within the unit. At the time and place for establishing the annual rate of taxation for county
purposes, the Board of County Commissioners shall fix and cause to be levied on all property within the
unit subject to taxation or assessment a millage and assessment sufficient to meet the requirements of
the budget; provided, however, the total millage shall not exceed the millage authorized by law for
municipal service, taxing and benefit units.
(Ord. No. 02-27, § 5, 5-28-02; Ord. No. 2006-05, § 3)
Sec. 122-1656. -Tax and assessment, imposition and collection.
Taxes and assessments herein provided for shall be levied and assessed, imposed and collected in
the same manner and form as provided for the levy and assessment and collection of general county
taxes subject to the same fees for assessing and collecting as general county taxes in accordance with
general law.
(Ord. No. 02-27, §6, 5-28-02)
Secs. 122-1657-122-1660. - Reserved.
DIVISION 2.-ADMINISTRATION
Sec. 122-1661. -Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory
Committee Known as the Pelican Bay Services Division Board.
Concurrent with the passage of the Ordinance, an 11 member advisory committee to be known as
the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are
members of the PBSD Board pursuant to Collier County Ordinance No. 90-111, as amended, as of the
moment prior to the effective date of this Ordinance, shall continue on as members of the PBSD Board
until March 31st of the year in which their term would have expired as set forth in the prior ordinances,
and shall continue to hold over and serve in that capacity until their position is filled as provided for in this
Ordinance. In addition, there shall be 1 non-voting member nominated by the Pelican Bay Foundation in
the manner set forth below. This non-voting member shall not be subject to the voting requirements set
forth below.
(Ord. No. 02-27, § 7, 5-28-02; Ord. No. 2006-05, §4; Ord. No. 2013-19, §2)
Sec. 122-1662. -Composition, nomination and appointment.
(a) The PBSD Board shall be representative of the residential, business and commercial interests and
landowners in Pelican Bay. To that end, nine of the PBSD Board members shall be representative of
the residential interests within the Unit and two of the PBSD Board members shall be representative
Page 2
of the commercial and business interests within the Unit. The non-voting member shall be
recommended for appointment by the Pelican Bay Foundation. The non-voting member should be an
individual who is not related to and who is independent of the other Board members and County
employees, with no apparent conflict of interest or appearance of impropriety.
Members of the PBSD Board shall be appointed by and serve at the pleasure of the Board of County
Commissioners pursuant to the procedure outlined herein. The nine (9) PBSD Board members
representative of the residential interests within the Unit, and the non-voting member recommended for
appointment by the Pelican Bay Foundation, shall be residents of and qualified electors within the Unit.
The two PBSD Board members representative of the commercial/business/other interests shall be
residents of and qualified electors in Collier County.
Appointment of members to the PBSD Board shall be by resolution of the Board of County
Commissioners, which resolution shall set forth the date of appointment and the term of office.
Any member of the PBSD Board who ceases to meet the requisite qualifications during his or her
term of office shall immediately advise the Board of County Commissioners in writing of such change in
status. Upon the Board of County Commissioners receiving such notice, otherwise becoming aware of
such vacancy, or if a vacancy occurs by any other process, the Board of County Commissioners shall
declare the position to be vacant and shall promptly consider filling the vacant position with a person from
among the unsuccessful candidate(s) vying for the position from the immediately preceding
recommendatory balloting that receives recommendation from the PBSD Board. In the event the PBSD
Board should fail to provide its recommendation to the Board of County Commissioners within 20 days of
the Board of County Commissioners being informed of"member's change in status", the Board of County
Commissioners shall appoint the recent unsuccessful candidate that received the greatest number of
votes among those unsuccessful candidates. In the event that there are no prior unsuccessful candidates
available for appointment to the PBSD Board as provided herein, the vacant position shall be filled
pursuant to the procedures of Collier County Ordinance No. 2001-55, including as may be amended or its
successor ordinance.
(b) The terms and provisions of section six of Collier County Ordinance No. 2001-55, titled "Process of
Appointment", shall not be applicable to appointment of members to the unit.
(c) Upon adoption of the ordinance from which this section derives, all of the members of the PBSD
Board shall be appointed by, and all vacancies shall be filled by, the Board of County
Commissioners, in the manner outlined herein, beginning with appointment to the PBSD Board of
members to fill expiring memberships.
All appointments of members to the PBSD Board shall be at the sole and complete discretion of the
Board of County Commissioners. Provided however, that the Board of County Commissioners will take
into consideration and give great weight to the recommendations of the property owners within the unit,
utilizing the process outlined herein. Beginning with the second Tuesday in December, 2002, and each
second Tuesday in December thereafter, the Board of County Commissioners shall publicly announce
and advertise all current vacancy(ies) on the PBSD Board as of that date and shall request that
applications be submitted to the Board of County Commissioners to fill the expiring term(s). All such
applications shall be submitted in writing to the Board of County Commissioners no later than 28 days
after said announcement as determined by the postmark on mailed applications and the time stamp on
hand delivered applications. The name(s) of all appropriately qualified individuals timely submitted to the
Board of County Commissioners shall be considered nominees for appointment to fill said expiring
term(s). The Board of County Commissioners shall then publish said list of nominees and the positions on
the PBSD Board for which they have been nominated (i.e., for the "residential interests" or for the
"commercial/business/other interests") and deliver a conformed copy thereof to the clerk of courts (the
"clerk").
The clerk shall cause the name of each nominee as reported and published by the Board of County
Commissioners to be included on the mail ballot, which ballot shall be mailed to all of the
nongovernmental property owners of the class (i.e. "residential or commercial/business/other")
corresponding with the class for which the balloting is occurring ("residential or
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commercial/business/other") within the unit no less than 30 days prior to the balloting date. Said balloting
date being set by the Board of County Commissioners.
(d) (1) One indivisible vote may be cast for each parcel in the unit regardless of the number of persons
who have an ownership interest in the property or the manner in which title is held by them, with
each discrete parcel being those as listed by the property appraiser of Collier County and as
approved by resolution of the Board of County Commissioners. Commercial/business/other
owners cast ballots only for "commercial/ business/other interest" positions and residential
owners cast ballots only for "residential interest" positions. Only one ballot shall be counted for
each parcel. If multiple ballots are cast for the same parcel by owners of record, all ballots for
that parcel will be deemed invalid. It is not the responsibility of the clerk or the county attorney to
determine or select the ballot to be counted wherein multiple ballots for a parcel are cast as
described herein.
(2) For purposes of determining record title owners of property entitled to cast ballots, the listed
record title owners of property as evidenced by the Collier County Property Appraiser's tax rolls
as of 60 days prior to the balloting date shall be utilized and deemed conclusive. Not less than
45 days prior to the balloting date, the property appraiser shall provide the clerk and the Board
of County Commissioners with the list of all parcels within the unit, each parcel's identification
number, the names of the property owners and their addresses, with said list designating each
parcel as either residential/commercial/other(based upon the property appraiser's classification
system).
(3) The mail ballots shall be cast directly with the clerk. At the place and time stated in the notice of
the balloting published by the Board of County Commissioners, the clerk, with the assistance of
the county attorney's office, shall open and count the ballots, which have been returned to the
clerk as of the date and time stated in such notice of balloting, in a manner which the clerk
deems advisable and not inconsistent with the provisions of this section. Any member of the
public shall be entitled to attend and observe. The determination of the clerk and the county
attorney of validity of any ballot shall be final.
(4) The nominee(s) receiving a plurality of the ballots cast in each category of membership shall be
deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the
Board of County Commissioners. The Board of County Commissioners shall then, at their next
regularly scheduled meeting, make the necessary appointments to fill said positions.
(e) The cost of the nomination and balloting process shall be borne by the Board of County
Commissioners.
(f) Notwithstanding the foregoing, if the number of nominees for the position which they have been
nominated (i.e., for the "residential interests" or for the "commercial/business/other interests") does
not exceed the number of open members for that position, then there shall be no balloting for such
position. Instead, the list of nominees for the position shall simply be forwarded to the Board of
County Commissioners, who, following public hearing on the matter, will make the necessary
appointments to fill said positions.
(Ord. No. 02-27, §8, 5-28-02; Ord. No. 2006-05, § 5; Ord. No. 2009-05, § 1; Ord. No. 2013-19, § 3)
Sec. 122-1663.-Terms of office of the Pelican Bay Services Division Board.
In 2002, of the four terms which are expiring: i) two positions shall be filled with persons
representative of the residential interests who shall each be appointed for a four-year term; and ii) two
positions shall be filled with persons representative of the commercial/business/other interests, wherein
one person will be appointed for a four-year term and one person appointed for a two-year term.
Thereafter, each appointment or reappointment shall be for a term of four years. Each new term of
appointment will begin on the date of appointment and expire on March 31st.
A member of the PBSD Board may be reappointed by the Board of County Commissioners without
limitations. Appointments to fill any vacancies on the PBSD Board shall be for the remainder of the
unexpired term of office.
Page 4
(Ord. No. 02-27, §9, 5-28-02; Ord. No. 2006-05, §6)
Sec. 122-1664. -Removal from office;failure to attend meetings.
(a) Any member of the PBSD Board may be removed from office by a majority vote of the Board of
County Commissioners.
(b) Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance, if any
member of the PBSD Board fails to attend two consecutive board meetings without a satisfactory
excuse, as determined by the PBSD Board, or if a member is absent from more than one-half of the
PBSD Board's meetings in a given fiscal year, the PBSD Board shall declare the member's seat to
be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance
with this article.
(Ord. No. 02-27, § 10, 5-28-02; Ord. No. 2006-05, § 7)
Sec. 122-1665. -Officers; quorum; rules of procedure.
(a) At its earliest opportunity, the membership of the PBSD Board shall elect a chairman and vice chairs
from among those members willing to serve. Officers' terms shall be for one year, with no eligibility
for re-election. Officers' terms are to be on a rotating basis. Immediately following the election of a
new Board, a new chair and vice-chair shall be elected.
(b) The presence of six or more members shall constitute a quorum of the PBSD Board necessary to
take action and transact business. In addition, an affirmative vote of a majority of the members
present shall be necessary in order to take action, except that an affirmative vote of seven or more
members present shall be required to recommend the budget for the unit to the Board of County
Commissioners.
(c) The PBSD Board shall, by majority vote of the entire membership, adopt rules of procedure for the
transaction of business of the PBSD Board and shall keep a detailed record of meetings, resolutions,
findings and determinations.
(Ord. No. 02-27, § 11, 5-28-02; Ord. No. 2006-05, § 8; Ord. No. 2013-19, §4)
Sec. 122-1666. -Reimbursement of expenses.
Members of the PBSD Board shall serve without compensation, but shall be entitled to receive
reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of
the Board of County Commissioners after approval by the PBSD Board.
(Ord. No. 02-27, § 12, 5-28-02; Ord. No. 2006-05, § 9)
Sec. 122-1667. - Functions, powers and duties of the Pelican Bay Services Division Board.
The functions, powers and duties of the PBSD Board shall be as follows, and shall be carried out
consistent with the provisions of the memorandum of understanding/letter of understanding referenced
herein:
(1) With the assistance of the county manager, provide input to the Board of County
Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and
Benefit Unit as set forth in this article.
(2) Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise
change or discontinue the functions or services provided by the Pelican Bay MSTBU, the PBSD
Board shall be prepared to and shall aid, assist and provide input to the county manager and
the Board of County Commissioners, within the time frame requested, in effectuating a smooth
and expeditious transfer of street lighting, water management and beautification services,
responsibilities and obligations to the unit.
Page 5
(3) With the assistance of the county manager, to prepare and recommend to the Board of County
Commissioners an itemized budget of the amount of money required to carry out the business
of the unit for the next fiscal year.
(4) The PBSD Board shall recommend work programs and priorities to the Board of County
Commissioners in accordance with the adopted budget or budget amendments which may be
adopted by the Board of County Commissioners in accordance with law. The execution of work
programs shall be under the direct supervision and responsibility of the Pelican Bay Services
Division Board to be executed by the Pelican Bay Services Division staff with the assistance of
any additional county staff needed in accordance with the memorandum of agreement/letter of
understanding. Said work may be performed under contract(in accordance with law and county
policy)or by county forces.
(5) To enter into a memorandum of agreement/letter of understanding with the Board of County
Commissioners, and with the county manager, wherein the parties outline that the intent in the
operation of the unit is to allow the PBSD Board to exercise decision and control of the day to
day operational affairs of the unit to the maximum extent allowed by law, unless and except
when there is some overriding governmental reason to do otherwise.
(Ord. No. 02-27, § 13, 5-28-02; Ord. No. 2006-05, § 10)
Sec. 122-1668. -Duties of the county manager.
The duties of the county manager or his designee shall be:
(1) To participate in the administration of the activities of the unit in accordance with the
memorandum of agreement/letter of understanding, and the established policies of the Board of
County Commissioners, subject to the terms of this article.
(2) To assist the PBSD Board performing its functions as defined by this article including the
preparation of the proposed annual budget.
(3) To require any contract manager or employee manager of the unit to report directly to the
county manager.
(Ord. No. 02-27, § 14, 5-28-02; Ord. No. 2006-05, § 11)
Sec. 122-1669. -Review process.
This article shall be reviewed once every four years, in accordance with the procedures contained in
Collier County Ordinance No. 2001-55.
(Ord. No. 02-27, § 15, 5-28-02)
Sec. 122-1670. -Opportunity to comment prior to initial implementation or use of the unit's taxing and
assessment authority.
Prior to adopting the budget for the unit and implementing any taxing or assessment authority under
this unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a
local newspaper of general circulation. At such public hearing the Board of County Commissioners will
consider the budget recommended by the PBSD Board and provide the public the opportunity to
comment on the proposed budget and the implementation or use of the unit's taxing and assessment
authority.
(Ord. No. 02-27, § 16, 5-28-02; Ord. No. 2006-05, § 12)
Page 6
EXHIBIT A
The Pelican Bay Services District is comprised of and includes those lands described as follows:
A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East;
together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County,
Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement
District, the perimeter boundary of same more particularly described as follows:
Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes
50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West
right-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence
Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses:
South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55
minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29
seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a
distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of
2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490,
among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45)
South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of
2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a
point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public
Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate
Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said
Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet
more or less to a point on the mean high water line established May 15, 1968; thence a
Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence
departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the
Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among
said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of
U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West
right-of-way line a distance of 2574.36 feet to the Point of Beginning.
Page 7
Exhibit B
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Pelican Bay—Exhibit B
Secs. 122-1671-122-1700. -Reserved.
Page 8