Ordinance 2006-05
.910111~1.J ..
'0'0" .. .ti~
,. -J ~
; Cft' ~ t\\ i' ORDINANCE NO 2006 - 05
k~ \t\1\~ S ORDINANCE AMENDING COLLIER C~UNTY ORDINANCE NO. 2002-27
~ EATING THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT
~~~gz'5t'it<J... UNIT; PROVIDING FOR: MODIFICATION OF PURPOSE RELATING TO THE
MANGROVE FOREST PRESERVE; CHANGE OF NAME OF ADVISORY
COMMITTEE TO THE PELICAN BAY SERVICES DIVISION BOARD;
REVISION OF APPOINTMENT PROCEDURES UPON VACANCY; REVISION
OF DUTIES OF THE ADVISORY COMMITTEE (PELICAN BAY SERVICES
DIVISION BOARD) AND THE COUNTY MANAGER; MULTIPLE VICE CHAIRS;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners (the
"Board") working with the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory
Committee residential and commercial property owners of Pelican Bay, adopted Collier County
Ordinance No. 2002-27 pertaining to the Pelican Bay Municipal Service Taxing and Benefit
Unit; and
WHEREAS, after three and one-half years of administration and practical application of
Ordinance No. 2002-27, the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory
Committee has considered and requested the Board to consider and adopt certain discrete
revisions amending Ordinance No. 2002-27 and has coordinated such desire with the County
Manager; and
WHEREAS, the Board, having considered the request of the Advisory Committee, does
hereupon amend Collier County Ordinance No. 2002-27.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF COLLIEg'.. COJ!NTY
ORDINANCE NO. 2002-27: ~:: )'~ ":'1
Section One is hereby amended to read as follows:
SECTION ONE: Creation of the Pelican Bay Municipal Service Taxing and ,"
Benefit Unit.
;'"'1
;.::J
,-~
~,-';';
-oj
"',)
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
Page I of II
Words underlined are added; Words .lrHel, tRf8HgR are deleted.
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 Ordinance is to adopt a new ordinance that consolidates said preexisting
ordinances into one easily read and understood ordinance, with some modifications
that express the will of the property owners within the Unit.
SECTION TWO: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Four is hereby amended to read 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 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.
SECTION THREE: AMENDMENT TO SECTION FIVE OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Five is hereby amended to read as follows:
SECTION FIVE: Annual Estimates of Expenses; Taxation & Assessment Rate.
For the purpose of carrying into effect and the administration of this
Ordinance, 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 iR 6BR311ltatieR v..itll and reviewed by the
~f1::1.Ri6if>al Serviss T8.7tiag aRa BaRafH UBi! f..eb'isery CeffifBiY:ee (tR0 nCemmittee")
Pelican Bav Services Division Board prior to its consideration by the Board of
County Commissioners and after review by the CBffiffiittee Pelican Bav Services
Page 2 of II
Words underlined are added; Words streek IkreHgk are deleted.
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.
SECTION FOUR: AMENDMENT TO SECTION SEVEN OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Seven is hereby amended'to read 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 eleven (11) member
advisory committee to be known as the Pelican Bay Services Division Board WBSD
Board) Municipal Service TaxiRg aRe BeRefit URit f.evisory Committee is hereby
created. Those individuals who are members of the PBSD Board Committee 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
Committee until March 31 st 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.
SECTION FIVE: AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Eight is hereby amended to read as follows:
SECTION EIGHT: Composition, Nomination and Appointment.
A) The PBSD Board Call1Hlitlee shall be representative of the residential,
business and commercial interests and landowners in Pelican Bay. To that end, nine
(9) of the PBSD BoardCemmittee members shall be representative of the residential
interests within the Unit and two (2) of the PBSD BoardCeffiHlittee members shall
be representative of the commercial and business interests within the Unit.
Page 3 of II
Words underlined are added; Words strHek tkrsHgk are deleted.
Members of the PBSD BoardCemmitlee 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 BoardCemmitlee members representative of the
residential interests within the Unit shall be residents of and qualified electors within
the Unit. The two (2) PBSD BoardCsmmittee members representative of the
commerciallbusiness/other interests shall be residents of and qualified electors in
Collier County.
Appointment of members to the PBSD BoardCemmittee 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 BoardCommittee 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 twenty 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. 200 I-55 including as mav be amended or its successor ordinance. meetiRg tile
FeElliisite f)l::lalifieatieRs as 8litliRea R8FeiR: i) ~;:ke eeatiR1:Ies 18 desire 18 138 8fJfJeiRteEl BHa
ii) wAe, iR the imMediately preeeeliag FesefRfBe,ulatery ealletiag leash'ad iRe gFeatest
Rlim1ger of ';ates 8moag the l:lRsHseessfHI El8Rdiaates vyiag fer the plZJsitieR (Le.
"Resielsatial iRtef8st" Sf "CefBffi8Feial/lhuiiflesstOther iRteFest") whish has gee8m8
"seaRl.
Page40f It
Words underlined are added; Words slrHel, IkrsHgk are deleted.
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 this Ordinance, all of the members of the PBSD
BoardCommittee 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 BoardCoffilflittee of members to fill expiring memberships.
All appointments of members to the PBSD BoardCemmittee 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 Committee as of that date and shall request that
applications be submitted to the Board of County Commissioners to fill the expiring
expired 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 eKpiFea term(s). The Board of County
Commissioners shall then publish said list of nominees and the positions on the
PBSD Board Committee 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 non-governmental property owners of the class (Le.
"Residential or CommerciallBusiness/Other") corresponding with the class for which
the balloting is occurring ("Residential or Commercial/Business/Other") within the
Page 5 of II
Words underlined are added; Words slrHo" IkfBHgk are deleted.
Unit no less than thirty (30) days prior to the balloting date. Said balloting date
being set by the Board of County Commissioners.
DB) 1.
One (1) 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. CommerciallBusiness/Other owners cast
ballots only for "CommerciallBusiness/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.
ii. 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 sixty (60) days prior to the
balloting date shall be utilized and deemed conclusive. NoUess than forty-five (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).
iii. 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 Ordinance. 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.
iv. The nominee(s) receiving a plurality of the ballots cast in each
Page 6 of II
Words underlined are added; Words strHek IhrsHgh are deleted.
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.
~l') The cost of the nomination and balloting process shall be borne by the
Board of County Commissioners.
SECTION SIX: AMENDMENT TO SECTION NINE OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Nine is hereby amended to read as follows:
SECTION NINE:
Board.
Terms of Office of the Pelican Bay Services Division
In 2002, of the four (4) terms which are expiring: i) two (2) positions shall be
,
filled with persons representative of the residential interests who shall each be
appointed for a four (4) year term; and ii) two (2) positions shall be filled with
persons representative of the commerciallbusiness/other interests, wherein one (I)
person will be appointed for a four (4) year term and one (I) person appointed for a
two (2) year term. Thereafter, each appointment or reappointment shall be for a term
of four (4) years. Each new term of appointment will begin on the date of
appointment and expire on March 31st.
A member of the PBSD BoardCOImmllee may be reappointed by the Board of
County Commissioners without limitations. Appointments to fill any vacancies on
the PBSD BoardCommittee shall be for the remainder of the unexpired term of
office.
SECTION SEVEN: AMENDMENT TO SECTION TEN OF COLLIER COUNTY
ORDINANCE NO. 2002.27
Section Ten is hereby amended to read as follows:
SECTION TEN:
Removal From Office; Failure to Attend Meetings.
A) Any member of the PBSD BoardCell'lHlittee 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 BoardCemmittee fails to
attend two (2) consecutive BoardCommittee meetings without a satisfactory excuse,
Page 7 of II
Words underlined are added; Words slrHek tkreHgk are deleted.
as determined by the PBSD BoardCsmmiltee, or if a member is absent from more
than one-half of the PBSD BoardCemmittee's meetings in a given fiscal year, the
PBSD BoardCemmitlee 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
Ordinance.
SECTION EIGHT: AMENDMENT TO SECTION ELEVEN OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Eleven is hereby amended to read as follows:
SECTION ELEVEN: Officers; Quorum; Rules of Procedure.
A) At its earliest opportunity, the membership of the PBSD
BoardCommittee shall elect a chairman and vice chair~ffiIlR-from among the
members. Officers' terms shall be for one (1) year, with eligibility for re-election.
B) The presence of six (6) or more members shall constitute a quorum of
the PBSD BoardCammittee necessary to take action and transact business. In
addition, an affirmative vote of a majority ofthe members present shall be necessary
in order to take action, except that an affirmative vote of seven (7) or more members
present shall be required to recommend the Budget for the Unit to the Board of
County Commissioners.
C) The PBSD BoardCommittee shall, by majority vote of the entire
membership, adopt rules of procedure for the transaction of business of the PBSD
BoardCemmittee and shall keep a detailed record of meetings, resolutions, findings
and determinations.
SECTION NINE: AMENDMENT TO SECTION TWELVE OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Twelve is hereby amended to read as follows:
SECTION TWELVE: Reimbursement of Expenses.
Members of the PBSD BoardCeffimiltee 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 bv the PBSD Board.
SECTION TEN: AMENDMENT TO SECTION THIRTEEN OF COLLIER COUNTY
Page 8 of II
Words underlined are added; Words strHek tkreHgk are deleted.
ORDINANCE NO. 2002-27
Section Thirteen is hereby amended to read as follows:
SECTION THIRTEEN: Functions, Powers and Duties of the Pelican Bay Services
Division BoardCommiltee.
The functions, powers and duties of the PBSD BoardCemmittee shall be as
follows, and shall be carried out consistent with the provisions of the Memorandum
of Understanding! Letter of Understanding referenced herein:
A) 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 Ordinance.
B) 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 MSTBUImflfovemeRt Dislfi~t, the PBSD BoardCemmittee 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.
C) 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.
D) The PBSD BoardCammittee shall recommend work programs and
priorities to the Board of County Commissioners in accordance with the adopted
Budget or Budg~t 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
BoardCet:lflty ~faRager with the 8esistBRse af the CefHRlittee BRa to be executed bv
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.
Page 9 of II
Words underlined are added; Words BlrHel; tkfSHgk are deleted.
E) To enter into a Memorandum of AgreementlLetter 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
BoardCemmittee to exercise decision and control ofthe 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.
SECTION ELEVEN: AMENDMENT TO SECTION FOURTEEN OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Fourteen is hereby amended to read as follows:
SECTION FOURTEEN: Duties of the County Manager.
The duties of the County Manager or his designee shall be:
A) To participate in the aemiRister administration of the activities of the
Unit in accordance with the Memorandum of AgreementlLetter of Understanding,
and the established policies of the Board of County Commissioners, subject to the
terms of this Ordinance.
B) To assist the PBSD BoardCammittee performing its functions as
defined by this Ordinance including the preparation of the proposed annual Budget.
C) Previae fleFiaaie \...FittElR reflortG to tile Cemmittee aRa tAe Rear.e of
Ce1:1flt)' C0mmissi0Rers 8a tRe aeti\'ities Elf the Vait Me its fiRaRSes.
CI)) To require any contract manager or employee manager of the Unit to
report directly to the County Manager.
SECTION TWELVE: AMENDMENT TO SECTION SIXTEEN OF COLLIER COUNTY
ORDINANCE NO. 2002-27
Section Sixteen is hereby amended to read as follows:
SECTION SIXTEEN: 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.^.6visery CeHlmiltee and provide the public the
opportunity to comment on the proposed Budget and the implementation or use of the
Page 10 of II
Words underlined are added; Words slfHek IkrsHgk are deleted.
Unit's taxing and assessment authority.
SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCE.
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 Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION FOURTEEN: 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 FIFTEEN: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24th day of January, 2006.
ATTEST' ".. ^. 0
. ..' '''.~:~'.I...r Cr.-"
Dwig!}t' E: 'BrocT<:.tI:.ERK
. ," l-:" ~..., \~\~~':
. iL
..~~WisCf'6 ~i 11'114R' S
;<It~tur.e.,.t).
:' . 'L' "1' ~ ""I'::.:.-i
" ....-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~.>~./
Frank Halas, CHAIRMAN
BY:
Approved as to form and legal sufficiency:
05-000-00OO2I6
This ordinance filed with the
~ary ory~s Of~i0e
day 0 ,
and acknowledgement of that
fili ,caived thi ~ day
of
c
Page II of II
Words underlined are added; Words SHHOk tkrsHgk are deleted.
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 2006-05
Which was adopted by the Board of County Commissioners
on the 24th day of January, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of January, 2006.
DWIGHT E. BROCK";" ~'?,.
.,.. ......" "J~';.
Clerk of Courts~nd CI~r~
Ex-officio to ~Q'ard of -.;
County CommiGsioners "
~. Q:~~Q:t)C
lB~: Heidi R. RO~~~~l~,
Deputy Clerk