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Agenda 10/22/2013 Item #17E 10/22/2013 17.E. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Ordinance No. 2002-27, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit, to clarify that beach renourishment is one of the purposes of the Unit. OBJECTIVE: To add expressly beach renourishment to Section Four of Ordinance No. 2002- 27, entitled, "Purpose; Powers." CONSIDERATIONS: There have been discussions whether the present Pelican Bay MSTBU Ordinance authorizes the expenditure of MSTBU funds for beach renourishment. To bring clarity to the issue, and to effectively end any uncertainty and further debate, we are asking the Board to expressly authorize the Pelican Bay MSTBU to utilize its funds for such a purpose. Section Four of Ordinance No. 2002-27, as amended, sets forth the purpose and powers of the Unit. The proposed amendment (below)expressly adds beach renourishment to this section. "SECTION FOUR: Purpose; powers. The Unit is formed for the purpose of providing street lighting, water management, beach renourishment,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. 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." FISCAL IMPACT: Cost of advertising the proposed Ordinance is approximately $300.00 and funds are available in Pelican Bay Services Division Fund 109. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney drafted the proposed ordinance and approved it as to form and legality. Majority support is required for approval. —JAK RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance amending Ordinance No. 2002-27, as amended, to clarify that beach renourishment is one of the purposes of the Unit. PREPARED BY: Mary McCaughtry, Operations Analyst, Pelican Bay Services Division Packet Page-2340- 10/22/2013 17.E. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.E. Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2002- 27, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit,to clarify that beach renourishment is one of the purposes of the Unit. Meeting Date: 10/22/2013 Prepared By Name: McCaughtryMary Title: Operations Analyst,Pelican Bay Services 10/11/2013 9:11:04 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 10/11/2013 9:30:33 AM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2013 9:52:00 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 10/11/2013 10:17:11 AM Name: OchsLeo Title: County Manager Date: 10/12/2013 12:56:25 PM Packet Page-2341- 10/22/2013 17.E. 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 AND POWERS, TO CLARIFY THAT BEACH RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT; 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, Ordinance No. 2009-05, and Ordinance 2013-19; and WHEREAS, the Board desires to further amend Ordinance No. 2002-27, as amended, in order to clarify that beach renourishment is one of the purposes of 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, beach renourishment, 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. 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. Words Underlined are added;Words Stfusk-Through are deleted. Page 1 of 2 Packet Page -2342- 10/22/2013 17.E. 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 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 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 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 FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by 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 •v.•, and legality: APP � g ty• Jeffrey A.11 atzkow County A'orney o. Words Underlined are added;Words Sisk- eugh are deleted. Page 2 of 2 Packet Page -2343- 10/22/2013 17.E. • • 20D A Friday, October 11, 2013 N NAPLES DAILY NEWS NOTICE OF MEETING NOTICE OF MEETING . NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, October 22, 2013, 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. 2002-27, AS AMENDED, WHICH . CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, BY AMENDING SECTION FOUR, PURPOSE AND.POWERS, TO CLARIFY THAT BEACH RENOURISHMENT IS ONE OF THE PURPOSES OF THE UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS 4 AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are t 1i available for inspection. All interested parties are invited to attend and be heard. t 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 t 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 f 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 I record of the proceedings is made, which record includes the testimony and • evidence upon which the appeal is based. If you are a 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, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired • are available in the County Commissioners'Office. i, BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY,FLORIDA . GEORGIA A.HILLER,ESQ.,CHAIRWOMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) c Ortober 11.2013 No.2001735 Packet Page-2344-