Agenda 03/13/2018 Item #16F 603/13/2018
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise a proposed ordinance which would
amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Services Division Board, by
eliminating the requirement of the rotation of the chair and vice chair, which was implemented by
Ordinance No. 2013-19, and return to the original selection process of the chair and vice chair as set
forth in Ordinance 2002-27, as amended.
OBJECTIVE: That the Board of County Commissioners eliminate the requirement of rotating the chair
and vice chair of the Pelican Bay Services Division Board.
CONSIDERATIONS: On May 28, 2002, the Board of County Commissioners adopted Ordinance No.
2002-27, which superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay
Municipal Service Taxing and Benefit Unit, including the creation of the Pelican Bay Services Division
Board to act as the advisory board to the Unit. The Board of County Commissioners subsequently
amended Ordinance No. 2002-27 a number of times, including Ordinance No. 2013-19, which in part
amended Ordinance No. 2002-27 by requiring that the terms of the chair and the vice chair of the Pelican
Bay Services Division Board be rotated. The Pelican Bay Services Division Board wishes to return back
to the original selection process of the chair and vice-chair as set forth in Ordinance No. 2002-27. The
proposed change reads as follows:
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 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 rotation basis.
Immediately following the election of a new Board, a new chair and vice -chair shall be
elected.
FISCAL IMPACT: The cost of advertising the proposed amendment is approximately $400.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney, is
approved as to form and legality, and requires a simple majority vote for approval. -JAK
RECOMMENDATION: To direct the County Attorney to advertise the proposed ordinance which
would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Services Division Board,
by eliminating the requirement of the rotation of the chair and vice chair, which was implemented by
Ordinance No. 2013-19, and return to the original selection process of the chair and vice chair as set forth
in Ordinance 2002-27, as amended.
Prepared by: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division
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ATTACHMENT(S)
1. Ordinance - PBSD Officer Election CHANGE (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.6
Doc ID: 5052
Item Summary: Recommendation to direct the County Attorney to advertise a proposed
ordinance which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Services
Division Board, by eliminating the requirement of the rotation of the chair and vice chair, which was
implemented by Ordinance No. 2013-19, and return to the original selection process of the chair and vice
chair as set forth in Ordinance 2002-27, as amended.
Meeting Date: 03/13/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
03/07/2018 2:20 PM
Submitted by:
Title: Executive Manager of Corp Business Ops – County Manager's Office
Name: Tim Durham
03/07/2018 2:20 PM
Approved By:
Review:
County Manager's Office MaryJo Brock Executive Director- Corp Business Ops Skipped 03/07/2018 2:22 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 03/07/2018 2:23 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/07/2018 2:27 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/07/2018 3:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
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Words Underlined are added; Words Struck-Through are deleted.
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ORDINANCE NO. 2018 - ____
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
ELEVEN, OFFICERS; QUORUM; AND 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 adopted Ordinance
No. 2002-27, which superseded, repealed, and consolidated prior ordinances relating to the Pelican
Bay Municipal Service Taxing and Benefit Unit, including the creation of the Pelican Bay Services
Division Board to act as the advisory board to the Unit; and
WHEREAS, the Board of County Commissioners has subsequently amended Ordinance
No. 2002-27 a number of times, including Ordinance No. 2013-19, which in part amended
Ordinance No. 2002-27 by requiring that the terms of the chair and the vice chair of the Pelican
Bay Services Division Board be rotated; and
WHEREAS, at the request of the Pelican Bay Services Division Board, the Board of
County Commissioners desires to repeal the requirement of rotation of chairs and return back to
the original selection process of the chair and vice-chair of the Pelican Bay Services Division
Board as set forth in Ordinance No. 2002-27, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ELEVEN OF ORDINANCE 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 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 rotation
16.F.6.a
Packet Pg. 837 Attachment: Ordinance - PBSD Officer Election CHANGE (5052 : Pelican Bay Ordinance Change)
Words Underlined are added; Words Struck-Through are deleted.
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basis. Immediately following the election of a new Board, a new chair and vice-chair
shall be elected.
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 court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, 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 may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section 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 FOUR: Effective Date.
This Ordinance shall take effect 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 March, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: ________________________ By: _____________________________
ANDY SOLIS, CHAIRMAN
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
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Packet Pg. 838 Attachment: Ordinance - PBSD Officer Election CHANGE (5052 : Pelican Bay Ordinance Change)