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Backup Documents 02/12/2013 Item #13A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 3 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than.Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 2``Z\`S 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 2-1 t2-(l PRIMARY CONTACT INFORMATION f Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Dwight Brock,Clerk of Courts Phone Number Contact/ Department Agenda Date Item was 2/12/13 Agenda Item Number 13-A Approved by the BCC Type of Document Emergency Ordinance(Pelican Bay Number of Original One Attached Services Division Elections) Documents Attached PO number or account N/A number if document is �`7j —_OA to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/12/13 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for th= Chairman's signature I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24'05;Re ..-d 11/30/12 13A ORDINANCE NO. 2013 -20 AN EMERGENCY ORDINANCE OF COLLIER COUNTY, FLORIDA, DIRECTING THE CLERK OF COURTS TO DISREGARD THOSE BALLOTS PREVIOUSLY SENT, AND TO RESEND NEW BALLOTS, IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED IN ORDINANCE NO. 02-27, AS AMENDED, WHICH CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, AND ITS ADVISORY COMMITTEE KNOWN AS THE PELICAN BAY SERVICES DIVISION BOARD; PROVIDING FOR A NEW BALLOTING DATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET DATE. WHEREAS, Section 125.66(3), Florida Statutes, authorizes Collier County to use an emergency enactment procedure for the adoption of an Emergency Ordinance in the event an emergency exists that warrants the immediate enactment of said Emergency Ordinance; and WHEREAS, Collier County Ordinance No. 2002-27, created the Pelican Bay Municipal Service Taxing and Benefit Unit, superceding and repealing prior Pelican Bay Municipal Service Taxing and Benefit Unit Ordinances; and WHEREAS, Ordinance No. 2002-27, as subsequently amended, provides for the creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee (known as the Pelican Bay Services Division Board), specifies the composition of said Advisory Committee and sets forth the process for nomination and appointment of its members; and WHEREAS, all members of this Advisory Committee are appointed by and all vacancies are filled by the Board of County Commissioners; and WHEREAS, on March 31, 2013, there will be four vacancies on this Advisory Committee for representatives of the "residential interests" within the Pelican Bay Municipal Service Taxing and Benefit Unit; and WHEREAS, Ordinance No. 2002-27, as amended, provides for public announcement and advertisement of all current vacancies on this Advisory Committee and that timely applications for appointment shall be considered nominees for appointment to fill said vacancies; and WHEREAS, pursuant thereto, eight residents of Pelican Bay have applied for the four "residential interests"vacancies; and Page 1 of 6 13A WHEREAS, at its January 22, 2013 regularly scheduled meeting, the Board of County Commissioners acted to set the balloting date for the recommendation of members to the Pelican Bay Services Division Board by the record title owners of property within the Pelican Bay Municipal Service Taxing and Benefit Unit; and WHEREAS, the election provisions of Ordinance No. 2002-27 provides as follows: "(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. 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 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. 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 Page 2 of 6 1 3 . 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. (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 Page 3 of 6 13A 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."; and WHEREAS, on January 22, 2013, the Board adopted Resolution No. 2013-24, which states in relevant part as follows: "Bruce A. Beauchamp, Joseph Chicurel, Tom Cravens, Frank C. Dickson, II, Johan (John) Domenie, James Patyrak, Scott William Streckenbein, and John M. Visosky have applied for nomination for appointment to the vacancies referenced herein for "residential interests" positions on the Pelican Bay Services Division Board. The balloting date for the nominees referenced herein for the terms described in this Resolution is and shall be March 1, 2013." WHEREAS, in furtherance of this Resolution, and in keeping with Ordinance No. 2002- 27, the Clerk of Courts requested from the Property Appraiser's Office an electronic list of nongovernmental property owners from which list ballots were duly mailed; and WHEREAS, due to a ministerial error, the electronic list received by the Clerk was not accurate; and Page 4 of 6 13A WHEREAS, in order to conduct a proper election, it will be necessary to disregard all ballots received from this mailing, to obtain a new electronic list from the Property Appraiser's Office which accurately reflects ownership as of December 31, 2012 (60 days prior to the original election date of March 1st), and to resend new ballots with an explanation; and WHEREAS, there is insufficient time to advertise this Ordinance and still meet the new March 22, 2013 balloting date. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Declaration of Local Emergency. For the reasons set forth above, the Collier County Board of County Commissioners ("Board"), convened in regular session, hereby declares and ordains that an emergency exists and that the immediate enactment of this ordinance is necessary, and that further this ordinance is adopted after public hearing pursuant to, and in accordance with Section 125.66(3), Florida Statutes. SECTION TWO: Disregard of Ballots Received. The Clerk is hereby directed to disregard all ballots he has previously received, and to be received, from the initial mailing. The Clerk shall separately maintain these ballots in accordance with Florida's Public Records Law. SECTION THREE: New Ballots Issued. The Clerk is to immediately issue new and proper ballots in accordance with Ordinance No. 2002-27, together with an appropriate explanation, as determined by the Clerk. SECTION FOUR: New Balloting Date Set. The balloting date for the nominees referenced in Resolution 2013-24 is hereby extended from March 1St to March 22, 2013. This extension shall not change the required date of ownership of December 31, 2012 (60 days prior to the original election date of March 1st) 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Page 5 of 6 13p separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: No Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall not become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. SECTION SEVEN: Effective Date. This Ordinance shall become effective when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by certified mail to the Department of State. SECTION EIGHT: Sunset Date. This Ordinance shall sunset and be of no further force of effect following the completion of this election. PASSED AND DULY ADOPTED by super-majorit vote of the Board of County Commissioners of Collier County, Florida,this 114. y of tIJat , 2013. ATTEST:gin:, 8"a 1 BOARD OF COUNTY COMMISSIONERS DWIG, E BROC ierk COLL ° CO Y, F ORIDA r� l / By A .I. L mar.,► ___ By :.• .; • erk 7 G 'GIA A. HILLER, ESQ. sionit totoi,,J CHA RWOMAN Ap .r'v • s to form and le.01 _ Jef'`'y ' . latzkow Co ttorney Page 6 of 6 13A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of : ORDINANCE NO. 2013-20 Which was adopted by the Board of County Commissioners on the 12th day of February 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of February 2013 . DWIGHT E. BROCK Clerk,pfrCpAFts and Clerk Ex-gf,fi , t.6,Board of Cotzn't}r)Commss ,oners • By:Nf rtha /Vergara, ' Deputy Clerk