Agenda 01/22/2013 Item #17C Proposed Agenda Changes
Board of County Commissioners Meeting
January 22,2013
Add-On Item 11H: Recommendation to approve the expedited solicitation process for the
construction dredging of Clam Pass and direct the County Manager to issue work order(s) under
current Board approved contract(s)to the firm(s)who submit the lowest responsive price for the
Clam Pass project. (Staff's request)
Move Item 16D7 to Item 11I: Recommendation to establish a Transit Advisory Committee.
(Commissioner Henning's request)
Continue Item 17C to the February 12, 2013 BCC Meeting:
Recommendation to adopt an ordinance which would amend
Ordinance No. 2002-27, as amended, relating to the Pelican Bay
Municipal Service Taxing and Benefit Unit. (Commissioner Fiala
and Petitioner's requests)
Continue Item 17D to the February 12,2013 BCC Meeting: This item continued from the
December 11, 2012 BCC Meeting. Recommendation to adopt an ordinance which would establish
limitations,in addition to those set forth in Chapter 538,Part I,Florida Statutes,on the sale and/or
purchase of secondhand goods(secondhand dealers). (County Attorney's request)
Note:
Item 161(3: Page two of the Executive Summary should read "The Board's offer was to settle
for back pay from the date of termination (October 9 23,2012)to January 9,2013 plus 6 weeks of
severance(similar to the settlement with David Jackson)for a total of 17 weeks,plus signing the
required Confidentiality Agreement. Mr.Mitchell's counsel has advised the County Attorney that
Mr.Mitchell does not desire to return to his position as Executive Manager to the Board of County
Commissioners, believes he is entitled to his full 6 month severance package,but is willing to accept
back pay from the date of termination (October 9 23,2012)to January 23,2013 plus 6 weeks of
severance for a total of 19 weeks. (County Attorney's request)
Time Certain Items:
Item 11B to be heard at 10:00 a.m.immediately followed by Item 10J
Item 11A to be heard at 11:00 a.m.
1/22/2013 9:19 AM
1/22/2013 Item 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance which would amend Ordinance No. 2002-27, as
amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit.
OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached
amendment to Ordinance No. 2002-27, as amended, which created the Pelican Bay Municipal
Service Taxing and Benefit Unit.
CONSIDERATIONS: Collier County Ordinance No. 2002-27, as adopted on May 28, 2002,
superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay Municipal
Service Taxing and Benefit Unit. The Board subsequently amended the Ordinance through its
adoption of Ordinance Nos. 2006-05 and 2009-05.
The purpose of the ordinance is to amend the Pelican Bay Municipal Service Taxing and Benefit
Unit ordinance to clarify that the 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; to add a non-voting member
recommended by the Pelican Bay Foundation; and to create a system of rotating officers for this
advisory board.
At its December 11, 2012 regular meeting, the Board authorized the County Attorney to
advertise the proposed ordinance for future consideration.
FISCAL IMPACT: The cost for advertising the proposed ordinance was $264.54.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney,
and is legally sufficient for Board action. A simple majority vote is required for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance which will amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay
Municipal Service Taxing and Benefit Unit.
SUBMITTED BY: Commissioner Georgia A. Hiller, District 2
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1/22/2013 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt an ordinance which would amend Ordinance
No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit.
Meeting Date: 1/22/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/3/2013 10:47:01 AM
Approved By
Name: GreenwaldRandy
Title:Management/Budget Analyst,Office of Management&B
Date: 1/10/2013 4:14:33 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/11/2013 3:29:31 PM
Name: OchsLeo
Title: County Manager
Date: 1/11/2013 4:34:08 PM
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1/22/2013 Item 17.C.
ORDINANCE NO.2013 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27,
AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION
FOUR, PURPOSE; POWERS; SECTION SEVEN, CREATION OF THE
PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
ADVISORY COMMITTEE KNOWN AS THE PELICAN BAY SERVICES
DIVISION BOARD; SECTION EIGHT, COMPOSITION, NOMINATION
AND APPOINTMENT; AND SECTION ELEVEN, OFFICERS; QUORUM;
RULES OF PROCEDURE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 28, 2002, the Board of County Commissioners (Board), adopted
Ordinance No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating
to the Pelican Bay Municipal Service Taxing and Benefit Unit ("Unit"); and
WHEREAS, the Board subsequently amended Ordinance No. 2002-27 by adopting
Ordinance No. 2006-05 and Ordinance No. 2009-05; and
WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in
order to clarify that the 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; to add a non-voting member recommended by
the Pelican Bay Foundation; and to create a system of rotating officers for the Unit.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2002-27,
AS AMENDED.
Section Four is hereby amended as follows:
SECTION FOUR: Purpose;powers.
The Unit is formed for the purpose of providing street lighting, water management,
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
Words Underlined are added;Words Strut rough are deleted.
PnaP 1 nfd
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1/22/2013 Item 17.C.
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 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.
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.
2002-27,AS AMENDED.
Section Seven is hereby amended as follows:
SECTION SEVEN: 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.
SECTION THREE: AMENDMENT TO SECTION EIGHT OF ORDINANCE NO.
2002-27,AS AMENDED.
Section Eight is hereby amended as follows:
SECTION EIGHT: 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 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
Words Underlined are added;Words StFask--Thcough are deleted.
Parrs 7 nf
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1/22/2013 Item 17.C.
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.
**********
SECTION FOUR: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO.
2002-27,AS AMENDED.
Section Eleven is hereby amended as follows:
SECTION ELEVEN: 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 the 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.
**********
SECTION FIVE: 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
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 SIX: 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," "article,"
or any other appropriate word.
SECTION SEVEN: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Words Underlined are added;Words dough are deleted.
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PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida,this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
,Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
Approved as to form and
lega su I iency:
1,-
411 i
Ita
Jeffr:4 . ' latzkow
Coun ttorney
Words Underlined are added;Words Struck Through are deleted.
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PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 1.–GENERALLY
DIVISION 1. -GENERALLY
Sec. 122-1651.-Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit.
Sec. 122-1652.-Boundaries of the unit.
Sec. 122-1653.-Governing body.
Sec. 122-1654.-Purpose;powers.
Sec. 122-1655.-Annual estimates of expenses;taxation and assessment rate.
Sec. 122-1656.-Tax and assessment, imposition and collection.
Secs. 122-1657-122-1660. -Reserved.
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, 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
Collier County, Florida,Code of Ordinances
Page 1 of 2
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1/22/2013 Item 17.C.
PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 1.—GENERALLY
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 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)
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.
Collier County, Florida,Code of Ordinances
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PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.–ADMINISTRATION
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.
Sec. 122-1662.-Composition,nomination and appointment.
Sec. 122-1663.-Terms of office of the Pelican Bay Services Division Board.
Sec. 122-1664.-Removal from office;failure to attend meetings.
Sec. 122-1665.-Officers;quorum; rules of procedure.
Sec. 122-1666.-Reimbursement of expenses.
Sec. 122-1667.-Functions,powers and duties of the Pelican Bay Services Division Board.
Sec. 122-1668.-Duties of the county manager.
Sec. 122-1669.-Review process.
Sec. 122-1670.-Opportunity to comment prior to initial implementation or use of the unit's taxing and assessment
authority.
Secs. 122-1671-122-1700.-Reserved.
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 article, 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 article, 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
article. In addition, there shall be 1 non-votinq member nominated by the Pelican Bay Foundation in the
manner set forth below. This non-votinq member shall not be subject to the votinq requirements set forth
below.
(Ord. No. 02-27, § 7, 5-28-02; Ord. No. 2006-05, § 4)
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 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 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.
Collier County, Florida,Code of Ordinances
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PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.—ADMINISTRATION
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
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.
Collier County, Florida,Code of Ordinances
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PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.- PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.—ADMINISTRATION
(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)
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
Collier County, Florida,Code of Ordinances
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PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.—ADMINISTRATION
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.
(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 the 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)
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
Collier County, Florida,Code of Ordinances
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1/22/2013 Item 17.C.
PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.—ADMINISTRATION
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.
(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.
Collier County, Florida,Code of Ordinances
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1/22/2013 Item 17.C.
PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.—ADMINISTRATION
(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)
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
Collier County, Florida,Code of Ordinances
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1/22/2013 Item 17.C.
PART I-CODE
Chapter 122-SPECIAL DISTRICTS
ARTICLE LXI.- PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
DIVISION 2.—ADMINISTRATION
(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.
Pelican Bay—Exhibit B
Secs. 122-1671-122-1700. -Reserved.
Collier County, Florida,Code of Ordinances
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1/22/2013 Item 17.C.
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NAPLES DAILY NEWS (( Wednesday,January 9, 2013 (( 25D
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on January 22, 2013 in the Boardroom, 3rd Floor, Ad-
ministration Building,-Collier County Government Center, 3299 East Tamiami Trail,
Naples, Florida, the Board of County Commissioners will consider the enactment of
County Ordinance. The meeting will commence at 9:00 A.M. The title for the pro-
posed Ordinance is as follows:
•
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU-
NTY,FLORIDA,AMENDING ORDINANCE NO.2002-27,AS AMENDED, WHICH CRE-
ATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT,BY
AMENDING.SECTION FOUR,PURPOSE;POWERS;SECTION SEVEN,CREATION OF
THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY
COMMITTEE KNOWN AS THE PELICAN BAY SERVICES DIVISION BOARD;SECTION
EIGHT,COMPOSITION,NOMINATION AND APPOINTMENT;AND SECTION ELEVEN,
OFFICERS;QUORUM;RULES OF PROCEDURE;PROVIDING FOR CONFLICT AND
SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDI-
NANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak.on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers,will be limited to 3 minutes on any item. The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective •
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used.in presentations,before the Board
will become a permanent part of the record. .
Any person who decides to appeal a decision of the Board will need a record.of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evi-
dence upon which the appeal is based.
•
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Suite 101, Naples, FL' 34112-5356, (239)
252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
•
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
•
January 9.2013 No 1973241
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