Agenda 07/11/2017 Item #17B07/11/2017
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 02-61, as amended, as it relates
to the Fiddler’s Creek Community Development District #2 and to adopt a Resolution as to the
Fiddler’s Creek Community Development District #1, both consenting to and authorizing the
exercise of special powers regarding mosquito control pursuant to Section 190.012(2)(e), Florida
Statutes.
OBJECTIVE: To authorize both the Fiddler’s Creek Community Development District #1 (CDD #1)
and the Fiddler’s Creek Community Development District #2 (CDD #2) to exercise the special power of
mosquito control within those communities.
CONSIDERATIONS: Upon request by the Districts, the Board approved agenda item 16.H.1 at its June
27, 2017 meeting which recommended that the Board advertise a public hearing to amend the Ordinance
governing CDD #2 and to bring back a Resolution related to CDD #1 to authorize both Districts to
exercise the special power of mosquito control pursuant to Section 190.012(2)(e), Florida Statutes. CDD
#2 was initially created by Ordinance, while CDD #1 was established by Rule adopted by the Florida
Governor and Cabinet sitting in their capacity as the Florida Land and Water Adjudicatory Commission
(FLAWAC), which explains the different methods requested for this authorization.
The proposed Ordinance amending Ordinance No. 02-61, as amended, has been duly advertised for
today’s hearing.
FISCAL IMPACT: There is no fiscal impact to the County. The cost of advertising the Ordinance is to
be reimbursed to the County by CDD #2.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
RECOMMENDATION: That the Board adopts an Ordinance amending Ordinance No. 02-61, as
amended, as it relates to the Fiddler’s Creek Community Development District #2 and adopts a
Resolution as to the Fiddler’s Creek Community Development District #1, both consenting to and
authorizing the exercise of special powers regarding mosquito control pursuant to Section 190.012(2)(e),
Florida Statutes.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Fiddler's Creek Ordinance - Mosquito Control signed (PDF)
2. Fiddler's Creek Resolution - Mosquito Control signed (PDF)
3. legal ad - amend Fiddlers Creek CDD (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 3477
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 02-61, as
amended, as it relates to the Fiddler’s Creek Community Development District #2 and to adopt a
Resolution as to the Fiddler’s Creek Community Development District #1, both consenting to and
authorizing the exercise of special powers regarding mosquito control pursuant to Section 190.012(2)(e),
Florida Statutes.
Meeting Date: 07/11/2017
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
07/05/2017 11:53 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/05/2017 11:53 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/05/2017 12:02 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 12:28 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/05/2017 1:20 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/05/2017 1:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
ORDINANCE NO. 2017 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 02-61, AS
AMENDED, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT NUMBER 2; PROVIDING AUTHORIZATION FOR THE
EXERCISE OF SPECIAL POWERS REGARDING MOSQUITO
CONTROL PURSUANT TO SECTION 190.012(2)(e), FLORIDA
STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 19, 2002, the Board of County Commissioners (Board)
adopted Ordinance No. 2002-61 establishing the Fiddler's Creek Community Development
District #2 (District), as a community development district within the meaning of Chapter 190,
Florida Statutes; and
WHEREAS, on June 24, 2014, the Board approved Ordinance No. 2014-26, amending
Ordinance No. 2002-61, which expanded the external boundaries of the District from 998.6 acres
to 1,068.09 acres, or 69.30 additional acres and authorized the exercise of special powers regarding
parks and facilities or indoor and outdoor recreational, cultural and educational uses and security;
and
WHEREAS, on May 9, 2017, the Board further amended the District via Ordinance No.
2017-16 to decrease the total acreage to 1,059.734 acres; and
WHEREAS, the residents of District have experienced an increase in the mosquito
population in their community; and
WHEREAS, the District has requested that Collier County consent to the exercise by the
District of special powers relating to mosquito control; and
WHEREAS, Section 190.012(2)(e), Florida Statutes, allows the Board to authorize the
District to exercise the special power of "control and elimination of mosquitoes and other
arthropods of public health importance;" and
WHEREAS, the Board consents to the District exercising this special power to combat the
mosquito infestation within the boundaries of the District.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Six of Ordinance No. 02-61, as amended;
Authorization to Exercise Additional Special Powers.
Page 1 of 2
Section Six of Ordinance No. 02-61, as amended, be further amended by adding the
following:
The District is hereby authorized to exercise the special power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems
and facilities for the control and elimination of mosquitoes and other arthropods of public
health importance pursuant to Section 190.012(2)(e), Florida Statutes.
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 this 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
Ordinance 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 become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 12017.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
A proved as to form and legality:
Emily R. P n
Assistant County Attorney
BOARD OF COUNTY COMMIE
COLLIER COUNTY. FLORIDA
0
Page 2 of 2
PENNY TAYLOR, CHAIRMAN
RESOLUTION NO. 2017-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CONSENTING TO THE EXERCISE OF
SPECIAL POWERS FOR MOSQUITO CONTROL PURSUANT TO
SECTION 190.012(2)(e), FLORIDA STATUTES, BY THE FIDDLER'S
CREEK COMMUNITY DEVELOPMENT DISTRICT NUMBER 1.
WHEREAS, the Fiddler's Creek Community Development District Number 1 (District)
was created by the adoption of a rule by the Florida Land and Water Adjudicatory Commission
pursuant to Chapter 190, Florida Statutes; and
WHEREAS, the residents of the District have experienced an increase in the mosquito
population in their community; and
WHEREAS, the District has requested that Collier County consent to the exercise by the
District of special powers relating to mosquito control; and
WHEREAS, Section 190.012(2)(e), Florida Statutes, allows the Board to consent to and
authorize the District to exercise the special power of "control and elimination of mosquitoes and
other arthropods of public health importance;" and
WHEREAS, the Board consents to the District exercising this special power to combat the
mosquito infestation within the boundaries of the District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The District is hereby authorized to exercise the special power to plan, establish, acquire,
construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and
facilities for the control and elimination of mosquitoes and other arthropods of public health
importance pursuant to Section 190.012(2)(e), Florida Statutes.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 11th day of July, 2017.
Page 1 of 2
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk PENNY TAYLOR, CHAIRMAN
Approved as to form and legality:
mily R.pin
Assistant ounty Attorney
Page 2 of 2
alit Notices EpUblic NC
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on July 11 2017 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. 02-61,
AS AMENDED, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT NUMBER 2 PROVIDING AUTHORIZATION FOR THE
EXERCISE OFSPECIAL POWERS REGARDING MOSQUITO CONTROL
Z
PURSUANT TO SECTION 190.012(2)(E), FLORIDA STATUTES;
y
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
a
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
N
PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance is on file with theL Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard. !
A
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator )mor 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
a.
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.
c`
Persons wishing to have written or graphic materials included in
^'
the Board agenda packets must submit said material a minimum
N
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 to the hearing. All in
w
prior public material used
p J
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
i proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you area 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 34112-53569
(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
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
July 2, 2017 No.1674304
Naples Daily News Friday, June 30,•2017 17D,
aGc 1�lotices Public Nr
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on July 11, 2017 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. 02-61,'
ASAMENDED, THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT
DISTRICT NUMBER 2 PROVIDING AUTHORIZATION FOR THE
EXERCISE OFSPECIAL POWERS REGARDING MOSQUITO CONTROL
PURSUANT TO SECTION 190.012(2)(E), FLORIDA STATUTES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING: FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies 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 area 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, 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
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk"
(SEAL)