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Agenda 01/22/2013 Item #17C Proposed Agenda Changes Board of County Commissioners Meeting January 22,2013 Add-On Item 11H: Recommendation to approve the expedited solicitation process for the construction dredging of Clam Pass and direct the County Manager to issue work order(s) under current Board approved contract(s)to the firm(s)who submit the lowest responsive price for the Clam Pass project. (Staff's request) Move Item 16D7 to Item 11I: Recommendation to establish a Transit Advisory Committee. (Commissioner Henning's request) Continue Item 17C to the February 12, 2013 BCC Meeting: Recommendation to adopt an ordinance which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. (Commissioner Fiala and Petitioner's requests) Continue Item 17D to the February 12,2013 BCC Meeting: This item continued from the December 11, 2012 BCC Meeting. Recommendation to adopt an ordinance which would establish limitations,in addition to those set forth in Chapter 538,Part I,Florida Statutes,on the sale and/or purchase of secondhand goods(secondhand dealers). (County Attorney's request) Note: Item 161(3: Page two of the Executive Summary should read "The Board's offer was to settle for back pay from the date of termination (October 9 23,2012)to January 9,2013 plus 6 weeks of severance(similar to the settlement with David Jackson)for a total of 17 weeks,plus signing the required Confidentiality Agreement. Mr.Mitchell's counsel has advised the County Attorney that Mr.Mitchell does not desire to return to his position as Executive Manager to the Board of County Commissioners, believes he is entitled to his full 6 month severance package,but is willing to accept back pay from the date of termination (October 9 23,2012)to January 23,2013 plus 6 weeks of severance for a total of 19 weeks. (County Attorney's request) Time Certain Items: Item 11B to be heard at 10:00 a.m.immediately followed by Item 10J Item 11A to be heard at 11:00 a.m. 1/22/2013 9:19 AM 1/22/2013 Item 17.C. EXECUTIVE SUMMARY Recommendation to adopt an ordinance which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. OBJECTIVE: That the Board of County Commissioners (Board) adopts the attached amendment to Ordinance No. 2002-27, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit. CONSIDERATIONS: Collier County Ordinance No. 2002-27, as adopted on May 28, 2002, superseded, repealed, and consolidated prior ordinances relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. The Board subsequently amended the Ordinance through its adoption of Ordinance Nos. 2006-05 and 2009-05. The purpose of the ordinance is to amend the Pelican Bay Municipal Service Taxing and Benefit Unit ordinance 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 this advisory board. At its December 11, 2012 regular meeting, the Board authorized the County Attorney to advertise the proposed ordinance for future consideration. FISCAL IMPACT: The cost for advertising the proposed ordinance was $264.54. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney, and is legally sufficient for Board action. A simple majority vote is required for approval. - JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached ordinance which will amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. SUBMITTED BY: Commissioner Georgia A. Hiller, District 2 Packet Page-1887- 1/22/2013 Item 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.C. Item Summary: Recommendation to adopt an ordinance which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit Unit. Meeting Date: 1/22/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 1/3/2013 10:47:01 AM Approved By Name: GreenwaldRandy Title:Management/Budget Analyst,Office of Management&B Date: 1/10/2013 4:14:33 PM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 3:29:31 PM Name: OchsLeo Title: County Manager Date: 1/11/2013 4:34:08 PM Packet Page -1888- 1/22/2013 Item 17.C. 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 Strut rough are deleted. PnaP 1 nfd Packet Page -1889- 1/22/2013 Item 17.C. 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 StFask--Thcough are deleted. Parrs 7 nf Packet Page -1890- 1/22/2013 Item 17.C. 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 dough are deleted. Page of 4 Packet Page -1891- 1/22/2013 Item 17.C. 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 I iency: 1,- 411 i Ita Jeffr:4 . ' latzkow Coun ttorney Words Underlined are added;Words Struck Through are deleted. Paee 4 of 4 Packet Page -1892- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 1.–GENERALLY DIVISION 1. -GENERALLY Sec. 122-1651.-Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit. Sec. 122-1652.-Boundaries of the unit. Sec. 122-1653.-Governing body. Sec. 122-1654.-Purpose;powers. Sec. 122-1655.-Annual estimates of expenses;taxation and assessment rate. Sec. 122-1656.-Tax and assessment, imposition and collection. Secs. 122-1657-122-1660. -Reserved. Sec. 122-1651. -Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit. 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 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 article is to adopt a new ordinance that consolidates said preexisting ordinances into one easily read and understood article, with some modifications that express the will of the property owners within the unit. (Ord. No. 02-27, § 1, 5-28-02; Ord. No. 2006-05, § 1) Sec. 122-1652. -Boundaries of the unit. The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands as described on the attached Exhibit"A"* and as depicted on the map attached hereto as Exhibit "B". (Ord. No. 02-27, §2, 5-28-02) * Note— Exhibit A is not set out herein, but available as an attachment to Ord. No. 02-27. Sec. 122-1653. -Governing body. The governing body of the unit shall be ex-officio the Board of County Commissioners of Collier County, Florida. (Ord. No. 02-27, § 3, 5-28-02) Sec. 122-1654. - 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 Collier County, Florida,Code of Ordinances Page 1 of 2 Packet Page -1893- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 1.—GENERALLY 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. (Ord. No. 02-27, § 4, 5-28-02; Ord. No. 2006-05, § 2) Sec. 122-1655. -Annual estimates of expenses; taxation and assessment rate. For the purpose of carrying into effect and the administration of this article, 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 and reviewed by the Pelican Bay Services Division Board prior to its consideration by the Board of County Commissioners and after review by the Pelican Bay Services 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. (Ord. No. 02-27, § 5, 5-28-02; Ord. No. 2006-05, § 3) Sec. 122-1656. -Tax and assessment, imposition and collection. Taxes and assessments herein provided for shall be levied and assessed, imposed and collected in the same manner and form as provided for the levy and assessment and collection of general county taxes subject to the same fees for assessing and collecting as general county taxes in accordance with general law. (Ord. No. 02-27, § 6, 5-28-02) Secs. 122-1657-122-1660. -Reserved. Collier County, Florida,Code of Ordinances Page 2 of 2 Packet Page -1894- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.–ADMINISTRATION DIVISION 2. -ADMINISTRATION Sec. 122-1661.-Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board. Sec. 122-1662.-Composition,nomination and appointment. Sec. 122-1663.-Terms of office of the Pelican Bay Services Division Board. Sec. 122-1664.-Removal from office;failure to attend meetings. Sec. 122-1665.-Officers;quorum; rules of procedure. Sec. 122-1666.-Reimbursement of expenses. Sec. 122-1667.-Functions,powers and duties of the Pelican Bay Services Division Board. Sec. 122-1668.-Duties of the county manager. Sec. 122-1669.-Review process. Sec. 122-1670.-Opportunity to comment prior to initial implementation or use of the unit's taxing and assessment authority. Secs. 122-1671-122-1700.-Reserved. Sec. 122-1661. - 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 article, 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 article, 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 article. In addition, there shall be 1 non-votinq member nominated by the Pelican Bay Foundation in the manner set forth below. This non-votinq member shall not be subject to the votinq requirements set forth below. (Ord. No. 02-27, § 7, 5-28-02; Ord. No. 2006-05, § 4) Sec. 122-1662. -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 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 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. Collier County, Florida,Code of Ordinances Page 1 of 7 Packet Page -1895- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.—ADMINISTRATION Appointment of members to the PBSD Board 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 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 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 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. • (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 the ordinance from which this section derives, all of the members of the PBSD Board 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 Board of members to fill expiring memberships. All appointments of members to the PBSD Board 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 as of that date and shall request that applications be submitted to the Board of County Commissioners to fill the expiring 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 term(s).The Board of County Commissioners shall then publish said list of nominees and the positions on the PBSD Board 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 nongovernmental property owners of the class (i.e. "residential or commercial/business/other") corresponding with the class for which the balloting is occurring ("residential or commercial/business/other")within the unit no less than 30 days prior to the balloting date. Said balloting date being set by the Board of County Commissioners. Collier County, Florida,Code of Ordinances Page 2 of 7 Packet Page -1896- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.- PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.—ADMINISTRATION (d) (1) One 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. Commercial/business/other owners cast ballots only for"commercial/business/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. (2) 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 60 days prior to the balloting date shall be utilized and deemed conclusive. Not less than 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). (3) 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 section. 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. (4) The nominee(s) receiving a plurality of the ballots cast in each 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. (e) The cost of the nomination and balloting process shall be borne by the Board of County Commissioners. (f) Notwithstanding the foregoing, if the number of nominees for the position which they have been nominated (i.e., for the "residential interests" or for the "commercial/business/other interests") does not exceed the number of open members for that position, then there shall be no balloting for such position. Instead, the list of nominees for the position shall simply be forwarded to the Board of County Commissioners, who, following public hearing on the matter, will make the necessary appointments to fill said positions. (Ord. No. 02-27, § 8, 5-28-02; Ord. No. 2006-05, § 5; Ord. No. 2009-05, § 1) Sec. 122-1663. -Terms of office of the Pelican Bay Services Division Board. In 2002, of the four terms which are expiring: i)two positions shall be filled with persons representative of the residential interests who shall each be appointed for a four-year term; and ii) two positions shall be filled with persons representative of the commercial/business/other interests, wherein one person will be appointed for a four-year term and one person appointed for a two-year term. Thereafter, each Collier County, Florida,Code of Ordinances Page 3 of 7 Packet Page-1897- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.—ADMINISTRATION appointment or reappointment shall be for a term of four years. Each new term of appointment will begin on the date of appointment and expire on March 31st. A member of the PBSD Board may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the PBSD Board shall be for the remainder of the unexpired term of office. (Ord. No. 02-27, § 9, 5-28-02; Ord. No. 2006-05, § 6) Sec. 122-1664. - Removal from office; failure to attend meetings. (a) Any member of the PBSD Board 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 Board fails to attend two consecutive board meetings without a satisfactory excuse, as determined by the PBSD Board, or if a member is absent from more than one-half of the PBSD Board's meetings in a given fiscal year, the PBSD Board 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 article. (Ord. No. 02-27, § 10, 5-28-02; Ord. No. 2006-05, § 7) Sec. 122-1665. -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. (b) The presence of six or more members shall constitute a quorum of the PBSD Board necessary to take action and transact business. In addition, an affirmative vote of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven or more members present shall be required to recommend the budget for the unit to the Board of County Commissioners. (c) The PBSD Board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business of the PBSD Board and shall keep a detailed record of meetings, resolutions, findings and determinations. (Ord. No. 02-27, § 11, 5-28-02; Ord. No. 2006-05, § 8) Sec. 122-1666. - Reimbursement of expenses. Members of the PBSD Board 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 by the PBSD Board. (Ord. No. 02-27, § 12, 5-28-02; Ord. No. 2006-05, § 9) Sec. 122-1667. -Functions, powers and duties of the Pelican Bay Services Division Board. The functions, powers and duties of the PBSD Board shall be as follows, and shall be carried out Collier County, Florida,Code of Ordinances Page 4 of 7 Packet Page-1898- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.—ADMINISTRATION consistent with the provisions of the memorandum of understanding/letter of understanding referenced herein: (1) 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 article. (2) 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 MSTBU, the PBSD Board 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. (3) 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. (4) The PBSD Board shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted budget or budget 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 Board to be executed by 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. (5) To enter into a memorandum of agreement/letter 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 Board to 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. (Ord. No. 02-27, § 13, 5-28-02; Ord. No. 2006-05, § 10) Sec. 122-1668. - Duties of the county manager. The duties of the county manager or his designee shall be: (1) To participate in the administration of the activities of the unit in accordance with the memorandum of agreement/letter of understanding, and the established policies of the Board of County Commissioners, subject to the terms of this article. (2) To assist the PBSD Board performing its functions as defined by this article including the preparation of the proposed annual budget. (3) To require any contract manager or employee manager of the unit to report directly to the county manager. Collier County, Florida,Code of Ordinances Page 5 of 7 Packet Page -1899- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.-PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.—ADMINISTRATION (Ord. No. 02-27, § 14, 5-28-02; Ord. No. 2006-05, § 11) Sec. 122-1669. - Review process. This article shall be reviewed once every four years, in accordance with the procedures contained in Collier County Ordinance No. 2001-55. (Ord. No. 02-27, § 15, 5-28-02) Sec. 122-1670. -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 and provide the public the opportunity to comment on the proposed budget and the implementation or use of the unit's taxing and assessment authority. (Ord. No. 02-27, § 16, 5-28-02; Ord. No. 2006-05, § 12) EXHIBIT A The Pelican Bay Services District is comprised of and includes those lands described as follows: A tract of land being in portions of Sections 32 and 33,Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9,Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, the perimeter boundary of same more particularly described as follows: Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45)the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 Collier County, Florida,Code of Ordinances Page 6of7 Packet Page -1900- 1/22/2013 Item 17.C. PART I-CODE Chapter 122-SPECIAL DISTRICTS ARTICLE LXI.- PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT DIVISION 2.—ADMINISTRATION (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning. Pelican Bay—Exhibit B Secs. 122-1671-122-1700. -Reserved. Collier County, Florida,Code of Ordinances Page 7 of 7 Packet Page -1901- • 1/22/2013 Item 17.C. • • • NAPLES DAILY NEWS (( Wednesday,January 9, 2013 (( 25D NOTICE OF INTENT TO CONSIDER ORDINANCE 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 COU- 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 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 1973241 Packet Page -1902-