Agenda 10/22/2013 Item #17E 10/22/2013 17.E.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 2002-27, as amended,
which created the Pelican Bay Municipal Service Taxing and Benefit Unit, to clarify that
beach renourishment is one of the purposes of the Unit.
OBJECTIVE: To add expressly beach renourishment to Section Four of Ordinance No. 2002-
27, entitled, "Purpose; Powers."
CONSIDERATIONS: There have been discussions whether the present Pelican Bay MSTBU
Ordinance authorizes the expenditure of MSTBU funds for beach renourishment. To bring
clarity to the issue, and to effectively end any uncertainty and further debate, we are asking the
Board to expressly authorize the Pelican Bay MSTBU to utilize its funds for such a purpose.
Section Four of Ordinance No. 2002-27, as amended, sets forth the purpose and powers of the
Unit. The proposed amendment (below)expressly adds beach renourishment to this section.
"SECTION FOUR: 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 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."
FISCAL IMPACT: Cost of advertising the proposed Ordinance is approximately $300.00 and
funds are available in Pelican Bay Services Division Fund 109.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed ordinance and
approved it as to form and legality. Majority support is required for approval. —JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
Ordinance amending Ordinance No. 2002-27, as amended, to clarify that beach renourishment is
one of the purposes of the Unit.
PREPARED BY: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
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10/22/2013 17.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.E.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2002-
27, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit,to
clarify that beach renourishment is one of the purposes of the Unit.
Meeting Date: 10/22/2013
Prepared By
Name: McCaughtryMary
Title: Operations Analyst,Pelican Bay Services
10/11/2013 9:11:04 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 10/11/2013 9:30:33 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/11/2013 9:52:00 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management&B
Date: 10/11/2013 10:17:11 AM
Name: OchsLeo
Title: County Manager
Date: 10/12/2013 12:56:25 PM
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10/22/2013 17.E.
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 AND POWERS, TO CLARIFY THAT BEACH
RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT;
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, Ordinance No. 2009-05, and Ordinance 2013-19; and
WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in
order to clarify that beach renourishment is one of the purposes of 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, 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 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.
Words Underlined are added;Words Stfusk-Through are deleted.
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10/22/2013 17.E.
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
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," "article,"
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,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
•v.•, and legality:
APP � g ty•
Jeffrey A.11 atzkow
County A'orney
o.
Words Underlined are added;Words Sisk- eugh are deleted.
Page 2 of 2
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• •
20D A Friday, October 11, 2013 N NAPLES DAILY NEWS
NOTICE OF MEETING NOTICE OF MEETING .
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, October 22, 2013, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
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 AND.POWERS, TO CLARIFY THAT BEACH
RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT; PROVIDING FOR
CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS 4
AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are t
1i
available for inspection. All interested parties are invited to attend and be heard. t
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 t
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be f
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 I
record of the proceedings is made, which record includes the testimony and •
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at'no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
• are available in the County Commissioners'Office. i,
BOARD OF COUNTY COMMISSIONERS •
COLLIER COUNTY,FLORIDA .
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL) c
Ortober 11.2013 No.2001735
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