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BCC Agenda 02/13/2024 Item #16K 4 (Resolution - Appointing a member to the Pelican Bay Services Division Board)02/13/2024 EXECUTIVE SUMMARY Recommendation to appoint a member to the Pelican Bay Services Division Board. OBJECTIVE: To appoint a member to the Pelican Bay Services Division (“PBSD”) Board to fill a vacant term expiring on March 31, 2027. CONSIDERATIONS: This 11 member Board was established by Ordinance 2002-27, as amended, to provide input to the Board of County Commissioners (BCC) in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in the Ordinance, and to recommend to the BCC an itemized budget, work programs, and priorities in accordance with the adopted budget or budget amendments. The Board will 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. A list of the current membership is included in the backup. One of the Residential members, Ms. Beth Stein, resigned on December 16, 2023. Concerning filling vacant positions on this Board, the Ordinance provides as follows: Sec. 122-1662(a). - Composition, nomination and appointment 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 Commissi oners 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. Elections were most recently held for the PBSD Board in 2021. The only unsuccessful candidate from that election, Mr. Peter Griffin, was subsequently appointed to the PBSD Board in 2022 and is currently a member, so we have no “unsuccessful candidate(s) vying for the position from the immediately preceding recommendatory balloting” to present to the BCC for appointment. Additionally, there are no seats expiring in March 2024, so no election cycle occurred this year. Therefore, in accordance with the procedures of Ordinance No. 2001-55, the current Residential vacancy was advertised and the following applications were received: APPLICANT CATEGORY DIST. VOTE R ADVISORY COMM. Michael Weir Residential 2 Yes PBSD Board (2019-2023) Gregory Pukas Residential 2 Yes None 16.K.4 Packet Pg. 1997 02/13/2024 COMMITTEE RECOMMENDATION: The PBSD Board met on January 10, 2024 and considered the applicants, and by a unanimous vote recommended that Michael Weir be appointed to fill the vacancy left by the resignation of Beth Stein. A recommendation memo is included in the backup. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -JAK RECOMMENDATION: That the Board of County Commissioners adopts the Committee Recommendation, appoints Michael Weir to fill the remainder of the vacant term expiring on March 31, 2027, and authorizes the Chair to execute the attached resolution confirming the appointment. PREPARED BY: Jeffrey A. Klatzkow, County Attorney AGENDA DATE: February 13, 2024 ATTACHMENT(S) 1. PBSD Backup 2.13.24 (PDF) 2. PBSD Membership List 2.13.24 (PDF) 3. PBSD Resolution - non election - 2.13.24 (PDF) 16.K.4 Packet Pg. 1998 02/13/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 27741 Item Summary: Recommendation to appoint a member to the Pelican Bay Services Division Board. Meeting Date: 02/13/2024 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 01/16/2024 10:20 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 01/16/2024 10:20 AM Approved By: Review: Pelican Bay Services Karin Herrmann Additional Reviewer Completed 01/16/2024 10:45 AM County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/18/2024 7:41 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/18/2024 8:29 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2024 8:46 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 01/31/2024 8:54 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/05/2024 10:31 AM Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM 16.K.4 Packet Pg. 1999 16.K.4.a Packet Pg. 2000 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) 16.K.4.a Packet Pg. 2001 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) 16.K.4.a Packet Pg. 2002 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) 16.K.4.a Packet Pg. 2003 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) 16.K.4.a Packet Pg. 2004 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) 16.K.4.a Packet Pg. 2005 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) 16.K.4.a Packet Pg. 2006 Attachment: PBSD Backup 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Pelican Bay Services Division Board 03/13/18 03/31/22 01/25/22 03/31/26 4 Years 6151 Pelican Bay Blvd., #34 Resident 2 4 Years District: Category: Mr. Richard F. Swider Naples, FL 34108 (414) 403-8496 ( ) 591-6784 E-Mail:rfs@rfs-inc.com 01/24/23 03/31/25 2 Years 9102 Limestone Lane Commercial/Business 3District: Category: Mr. Mark Ferland Naples, FL 34120 (305) 439-4159 (239) 514-6122 E-Mail:mark.ferland@ritzcarlton.com 03/23/21 03/31/25 4 Years 6994 Green Tree Drive Resident 2District: Category: Mr. John F. Cullen Naples, FL 34108 ( ) 566-7119 E-Mail:pelicancod@aol.com 01/25/22 03/31/26 4 Years 6564 Ridgewood Dr. Resident 2District: Category: Mr. Peter Griffith Naples, FL 34108 ( ) 596-0514 E-Mail:petercgriffith18@gmail.com 03/23/21 03/31/25 4 Years 7915 Grand Bay Drive Resident 2District: Category: Ms. Susan Lyons Hamilton Naples, FL 34108 ( ) 592-7190 E-Mail:wtslhamilton@cs.com Friday, January 12, 2024 Page 1 of 4 16.K.4.b Packet Pg. 2007 Attachment: PBSD Membership List 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Pelican Bay Services Division Board 03/26/19 03/31/23 01/24/23 03/31/27 4 Years 7003 Green Tree Drive Resident 2 4 Years District: Category: Mr. Michael Fogg Naples, FL 34108 ( ) 591-8786 E-Mail:johnson-fogg@att.net 03/26/13 03/31/17 03/23/21 03/31/25 4 years 705 Woodhaven Lane Resident 2 4 Years District: Category: Dr. Joseph Chicurel Naples, FL 34108 () 272-8616 E-Mail:jchicurel@gmail.com 01/25/22 03/31/26 4 Years 6552 Monterey Point #201 Commercial/Business 4District: Category: Mr. Jacob Damouni Naples, FL 34105 ( ) 961-2027 ( ) 594-6003 E-Mail:jdamouni@naplesgrande.com 03/23/21 03/31/25 4 Years 7002 Green Tree Drive Resident 2District: Category: Mr. Michael Lee Rodburg Naples, FL 34108 ( ) 597-5296 E-Mail:mrodburg@gmail.com 03/26/19 03/31/23 01/24/23 03/31/27 4 Years 6001 Pelican Bay Blvd, Apt. 1206 Resident 2 4 Years District: Category: Ms. Denise K. McLaughlin Naples, FL 34108 (917) 863-0690 E-Mail:denisemcl2@gmail.com Friday, January 12, 2024 Page 2 of 4 16.K.4.b Packet Pg. 2008 Attachment: PBSD Membership List 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Pelican Bay Services Division Board 03/31/27 3 Years Resident 2District: Category: VACANT VACANT Naples, FL 34108 E-Mail: Friday, January 12, 2024 Page 3 of 4 16.K.4.b Packet Pg. 2009 Attachment: PBSD Membership List 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) Name Home Phone Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term Work Phone Pelican Bay Services Division Board This 11 member Board was established by Ordinance 2002-27, as amended, to 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 the Ordinance; to recommend to the BCC an itemized budget, work programs, and priorities in accordance with the adopted budget or budget amendments. The board will 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. Membership shall be 9 representatives of the residential interests within the Unit and 2 representatives of the commercial & business interests within the Unit. Terms are 4 years. cc: Barbara Shea 252-1355 Clerk contacts for election: Wayne.Fyffe@collierclerk.com - 252-7229 sherri.wasson@collierclerk.com - 252-2717 Karin Herrmann, Pelican Bay Services Division: 597-1749Staff: 125.01FL STAT: Friday, January 12, 2024 Page 4 of 4 16.K.4.b Packet Pg. 2010 Attachment: PBSD Membership List 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division Board.) RESOLUTION NO. 2024 – ____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A VACANCY ON THE PELICAN BAY SERVICES DIVISION BOARD, AND APPOINTING MICHAEL WEIR TO FILL SAID VACANCY. WHEREAS, Collier County Ordinance No. 2002-27 created the Pelican Bay Municipal Service Taxing and Benefit Unit (Unit) and established the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee (known as the Pelican Bay Services Division Board); and WHEREAS, Ordinance No. 2002-27, as amended, provides that the Pelican Bay Services Division Board shall consist of nine members representing the residential interests within the Unit and two members representing the commercial and business interests within the Unit; and WHEREAS, Ms. Beth Stein, representing residential interests, has resigned from her seat on December 16, 2023; and WHEREAS, no recent election has been held, which resulted in there being no recent unsuccessful candidates who might be appointed to fill these vacancies, and therefore the Pelican Bay Services Division Board has requested that the vacancies be filled pursuant to the procedures of Ordinance No. 2001-55, as amended; and WHEREAS, the Board of County Commissioners has provided public notice soliciting applications from interested parties; and WHEREAS, the Pelican Bay Services Division Board has provided the Board of County Commissioners with its recommendation for appointment. 16.K.4.c Packet Pg. 2011 Attachment: PBSD Resolution - non election - 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the above-referenced seat is hereby declared to be vacant on the Pelican Bay Services Division Board, and BE IT FURTHER RESOLVED that MICHAEL WEIR is hereby appointed to the Pelican Bay Services Division Board to serve the remainder of a vacant term representing residential interests, said term expiring on March 31, 2027. THIS RESOLUTION ADOPTED after majority vote this 13th day of February, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA By:_____________________________ By:_____________________________ , Deputy Clerk Chris Hall, Chairman Approved as to form and legality: ___________________________ Jeffrey A. Klatzkow County Attorney 16.K.4.c Packet Pg. 2012 Attachment: PBSD Resolution - non election - 2.13.24 (27741 : Recommendation to appoint a member to the Pelican Bay Services Division