Backup Documents 01/22/2013 Item # 9A 9A
COLLIER COUNTY FLORIDA �l, r ��.•
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS • ,'- •
To: Clerk to the Board: Please place the following as a: �O(°'�\S
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div: County Attorney Person: Jeffrey A.Klatzkow,County Attorney �D�ate::, December 28,2012
Petition No.(If none,give brief description): Ordinance amending Ordinance No.2002-4 as amedded
Petitioner: (Name&Address): N/A
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) January22,2013(ad to run no later than
WEDNESDAY,January 9,2013)
Newspaper(s)to be used: (Complete only if important);
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
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.
Companion petition(s), if any&proposed hearing date: N/A
Does P-titio Fee include advertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
P.O.4500139337
Revie ! , i•
41114% il h till
Divisio'IT Zi.trator or Designee Date
List Att. h nts: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
**************************************************************** ******************************************
FOR CLERK'S OFFICE USE 0 Y• d
Date Received: t2 2p i2 Date of Public hearing: 1 2 1 3 Date Advertised: I -f
r
9A
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 StRis)c-Thr-eugh are deleted.
Page 1 of 4
9A1 '
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 StRtek-Threugh are deleted.
Page 2 of 4
0 9 A i
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 members. Officers'terms shall be for one year, with no
eligibility for re-election. Officer's terms are to be on a rotating basis, with no member allowed
a second term for the same office unless all members have previously served in that position.
This provision shall be retroactive for one year prior to the adoption of this ordinance, and shall
apply to all current officers and members.
**********
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 through are deleted.
Page 3 of 4
9 A
PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County,Florida,this day of ,2013.
A'I TIEST: 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
legal su is y:
r
Jeffrey • ':'.tzkow
County • ' . ey
Words Underlined are added;Words Struck eugh are deleted.
Page 4 of 4
A
Acct. #068783
December 28, 2012
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Ord. Amending Ord. 2002-27
Dear Legals:
Please advertise the above referenced notice on Wednesday, January 9, 2013, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. # 4500139337
9 A "
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on January 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 County Ordinance . The meeting will
commence at 9 : 00 A.M. The title for 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; 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.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and are 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 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 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 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, Naples, FL 34112-5356, (239) 252-8380 ,
9A1
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ. , CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
NOTICE OF INTENT TO CONSIDER ORDINANCE 9 A
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 C 0 U -
NTY, FLORIDA, AMENDING ORDINANCE NO. 2002-27, AS AMENDED, WHICH CRE-
ATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, B Y
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 are
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 1973291
9A
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 Stmele-Threugh are deleted.
Page 1 of 4
9 A,
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 Sisk-Through are deleted.
Page 2 of 4
,, i
9 ,
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,
based on seniority with the Board. This provision shall be retroactive for one year prior to the
adoption of this ordinance,and shall apply to all current officers and members.
**********
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 Struck eugh are deleted.
Page 3 of 4
9A 4 ,
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/` iency:
1
tA
Jeffr I' . ' atzkow
Cou I ttorney
Words Underlined are added;Words StFuele—Ttifeugh are deleted.
Page 4 of 4
NOTICE OF INTENT TO CONSIDER ORDINANCE 9 A i
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 C 0 U -
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 av-
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 1973291
9A
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 StEuek-Tlreugh are deleted.
Page 1 of 4
9A
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 Sisk—Through are deleted.
Page 2 of 4
9 A
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 Stniek--Threugh are deleted.
Page 3 of 4
R /
9A
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
leg. su ir iency:
,P1 ,
ItiLk
Jeffr:4 ' atzkow
Coun ttomey
Words Underlined are added;Words StRiek—Thfetigh are deleted.
Page 4 of 4
9A
Naples
Naples,DFL134110s GENE
Affidavit of Publication JAN 17 2013
Naples Daily News
Pi
BCC/ENGINEERING-ENVIRONMENTAL
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE: 068783 4 5 0 0 13 9 3 3 7 NOTICE OF INTENT TO CONSIDER ORDINANCE
59707474 NOTICE OF INTENT TO Notice is hereby given that on January 22, 2013 in the Boardroom, 3rd Floor, Ad-
ministration Bwld4ng, Collier County Government Center, 3299 East Tamiami Trail,
Naples, Florida,the Board of County Commissioners will consider the enactment of
County Ordinance. The meeting wi commence at 9:00 A.M. The title for the pro-
State o f Florida posed Ordinance is as follows:
Counties of Collier and Lee AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU-
NTY,FLORIDA,AMENDING ORDINANCE NO.2002-27,AS AMENDED, WHICH CRE-
Before the undersigned authority, personi: ATED THE PELICAN BAY MUNICIPAL SERVICETAXING AND BENEFIT UNIT,BY
AMENDING SECTION FOUR,PURPOSE;POWERS SECTION SEVEN,CREATION OF
appeared Amy Davidson, says that she serve: THE PELICAN BAY MUIICIPALSERVICETAXINGAND BENEFIT UNIT ADVISORY
COMMITTEE KNOWN AS THE PELICAN BAY SERVICES DIVISION BOARD;SECTION
Inside Sales Supervisor, of the Naples Dal EIGHT,COMPOSITION,NOMINATION AND APPOINTMENT;AND SECTION ELEVEN,
OFFICERS;QUORUM;RULES OF PROCEDURE;PROVIDING FOR CONFLICT AND
a daily newspaper published at Naples, in 4 SEVERABILITY;PROVIDNGFOR INCLUSIONINTHECODEOFLAWSANDORDI-
County, Florida: distributed in Collier
NANCES;ANDPROVIDINGFORANEFFECTIVEDATE.
A copy of the proposed Ordinance is on file with the Clerk toa the Board and is
and Lee counties of Florida; that the at tac available for inspection.Allinterestedpartiesareinvitedtoattendandbeheard.
copy of advertising was published in said NOTE: All persons cashing to speak on any agenda item must register with the
County administrator prior to presentation of the-agenda item to be addressed.
newspaper on dates listed. Individual speakers wil 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. Ifrecog-
Af f iant further says that the said Naple sized by the Chairmar a spokesperson for a group or organization may be allotted
News is a newspaper published at Naples, i 10 minutes to speakonenitem.
Persons wishing to hare written or graphic materials included in the Board agenda
Collier County, Florida, and that the said packets must submit laid material a mimum of 3 weeks prior to the resppective
newspaper has heretofore been continuously j Board d shall be submited to the appropriate County staff a minimum of seven days
prior to the public bearing. AR material used in presentations before the Board
day and has been entered as second class ma will becomeapermasentpartoftherecord.
matter at the post office i n Naples, in sal Any person who derides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to Ines ure that a verbatim
Collier County, Florida, for period of 1 record of the preedmgs ismade, which record includes testimony and evi-
Y P dente upon whict4the appeal is based.
next recedin the first publication of the
P g P If you are a perph with a disability who-needs needs any accommodation in order to par-
attached copy of advertisement; and of f iant- ticipate in this proceeding,you are entitled,et,no cost to you to the provision of
certain assistants. Please contact the Collier County Facillties Management Depart-
further says that he has neither paid nor meat, located'as 3335 Tamiami Trail.Eastmeetie 101, Naples, FL g devi 5356,(239)
Y P 252-8380,at/east two days prior to the meeting.Assisted listening devices for the
promised any person, firm or corporation ar hearing impaired are available in the Board of County Commissioners Office.
discount, rebate, commission or refund for BOLLIEROO NTY,FLORDAISSIONERS
purpose of securing this advertisement for GEORGIA A.HILLER,ESQ.,CHAIRWOMAN • •
publication in the said newspaper. DWIGHT E.BROCK,CLERK
B(SEAL)y: Martha Vergara;Deputy Clerk
PUBLISHED ON: 01/09 r ' ,
AD SPACE: 88 LINE
FILED ON: 01/09/13
Signature of Affiant �Utif
1111 . h
Sworn to and Subscribed b re me s day of 20 ij
Personally known by me / d ' i L �
:Q.!rY'.^Y,"., CAROL POLIDORA
_.r ��� ill= MY COMMISSION#EE 851758
15•-..-4,......z: EXPIRES:November 28,2014
V RF'1 Bonded Thru Plchard Insurance Agency
9A
(PLEASE PRINT CLEARLY) Agenda Item #
,t2.41
MEETING DATE (Circle Meeting Type0 Regulir,Special Workshop Budget
AGENDA ITEM TITLE Cl..
NAME lc, C ADDRESS-
Representing/Petitioner: Other: t1
COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS
SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES(INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
YOU ARE LIMITED TO THREE(3)MINUTES FOR YOU COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR
PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PRIOR TO THE SUBJECT BEING HEARD
ORIGINAL DOCUMENTS CHECKLIST & P`bUTING SLIP
TO ACCC 'ANY ALL ORIGINAL DOCUME1 S SENT TO A .„
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at tl•^time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JA,( t
4. BCC Office Board of County
Commissioners a „,-,,-
i 12,
5. Minutes and Records Clerk of Court's Office
1K\ k 128([3
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 1/22/13 Agenda Item Number c (..‘ „/
Approved by the BCC
Type of Document Ordinance(Amendment to Pelican Bay Number of Original One
Attached Ordinance) Documents Attached
PO number or account N/A
number if document is
to be recorded
901/7
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding t Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware your deadlines!
8. The document was approved by the BCC on 1/22/13 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's �,
Office has reviewed the changes,if applicable. `
9. Initials of attorney verifying that the attached document is the version approved by the JAK
BCC,all changes directed by the BCC have been made,and the document is ready fo h /
Chairman's signature. %
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise . 05,;Revis-a 30/12
9A
MEMORANDUM
Date: February 8, 2013
To: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Board Minutes & Records Department
Re: Validated Ordinance 2013-19
Attached for your records is a copy of the document referenced above, (Item #9A),
adopted by the Board of County Commissioners on Tuesday, January 22, 2013.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
9A
MEMORANDUM
Date: February 8, 2013
To: Ernie Kerskie, Director
Collier County Property Appraiser's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2013-18 and 2013-19
Attached for your records is a copy of the document referenced above, adopted
by the Board of County Commissioners on January 22, 2013.
If you have any questions, please feel free to call me at 252-8411.
Thank you.
Attachment
9A
ORDINANCE NO. 2013 - 19
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 Struck Through are deleted.
Page 1 of 4
9A
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 Struck Through are deleted.
Page 2 of 4
9A
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 Struck Through are deleted.
Page 3 of 4
' 9A
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this ZZrday of700,, "-4\ , 2013.
ATTEST;,, BOARD r, COUNTY C,OMMISSIONERS
bWIGH-ITr3ROCK, Clerk COLLI ' rii TY, F. ORIDA
By i By: / 1 ,
" -,‘41'.1': ,erk GE VIVA IVA A 'ILLER, ESQ.
..„' ttet ' a) tw I �FC CH i RWOMAN
i.gte'care .M,.4
Approved as to form and
lega su I ciency:
nta
Jeffr ', . 'latzkow
Coun'y' ttorney
Words Underlined are added;Words Struck Through are deleted.
Page 4 of 4
9A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit , Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-19
which was adopted by the Board of County Commissioners
on the 22nd day of January, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of January, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
y: Teresa Cann6A,:,
Deputy Clerk .
. ;�.. ..... .;