Backup Documents 02/24/2009 Item #17CCOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
17C
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: February 6, 2009
Petition No. (If none, give brief description): None .
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Tuesday, February 24. 2009 (NOTICE TO
RUN NO LATER THAN FRIDAY, February 13, 2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text (Include legal description & common location & Size:
XXX Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2002 -27, AS PREVIOUSLY AMENDED AND CODIFIED AS ARTICLE LXI OF
CHAPTER 122 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE
PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMITTEE, BY
AMENDING SECTION EIGHT, RELATING TO THE COMPOSITION, NOMINATION AND APPOINTMENT
TO THE BOARD BY REVISING THE BALLOTING REQUIREMENTS; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
109 - 182900 - 649100
Reviewed by:
Division dmi to o esi Z t b o c'I
DateV�d
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda tile: to ❑ Requesting Division ❑ Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE
g: _- =J—�Sll 4
Date Received: Date of Public hearing: Date Advertised:
09- PEL- 00028/5
t
17C
ORDINANCE NO. 2009
�COpv
AN ORDINANCE OF THE BOARD OF COUNTY ii
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2002 -27, AS
PREVIOUSLY AMENDED AND CODIFIED AS ARTICLE
LXI OF CHAPTER 122 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, PERTAINING TO
THE PELICAN BAY MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT ADVISORY COMMITTEE, BY
AMENDING SECTION EIGHT, RELATING TO THE
COMPOSITION, NOMINATION AND APPOINTMENT
TO THE BOARD BY REVISING THE BALLOTING
REQUIREMENTS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners,
(the `Board ") working with the Pelican Bay Municipal Service Taxing and Benefit Unit
Advisory Committee residential and commercial property owners of Pelican Bay, adopted
Collier County Ordinance No. 2002 -27 which in part created the Pelican Bay Municipal
Service and Benefit Unit Advisory Committee; and
WHEREAS, Section Eight (C) of this Ordinance provides that nominees for
appointment of members to the PBSD Board shall be included on a mail ballot to be sent to all
of the non - government property owners of Pelican Bay, with the nominee(s) receiving a
plurality of the ballots cast in each category of membership forwarded to the Board for
appointment; and
WHEREAS, the Ordinance is silent as to whether it is necessary to conduct balloting
when the number of nominees for a particular category of membership does not exceed the
number of open positions; and
WHEREAS, the Board desires to amend the Ordinance to clarify that there is no need
to conduct an election when the number of nominees for a particular category does not exceed
the number of open positions for that category.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words 9 r °'''''-teugh are deleted.
Page 1 of 5
NOTICE OF INTENT TO CONSIDER ORDINANCE
17C t
Notice is hereby given that on Tuesday, Februar
Boardroom, 3rd Floor, Administration Building, Coll
Government Center, 3301 East Tamiami Trail, Naples,
of County Commissioners will consider the enactment
ordinance. The meeting will commence at 9:00 A.M.
proposed Ordinance is as follows:
24, 2009, in the
ier County
Florida, the Board
of a County
The title of the
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2002 -27, AS PREVIOUSLY AMENDED AND
CODIFIED AS ARTICLE LXI OF CHAPTER 122 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, PERTAINING TO THE PELICAN BAY MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT ADVISORY COMMITTEE, BY AMENDING SECTION EIGHT,
RELATING TO THE COMPOSITION, NOMINATION AND APPOINTMENT TO THE BOARD
BY REVISING THE BALLOTING REQUIREMENTS; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are 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 5 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 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
17C : ,'
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
To: 'legals @naplesnews.com'
Subject: Amending Ordinance 2002 -27; Pelican Bay MSTBU Ord Section 8
Attachments: Amending Ordinance 02- 27.doc; AMEND 2002 -27 Pelican Bay.doc
Good Afternoon,
Please advertise the attached on Friday, February 13, 2009.
Amending
dinance 02- 27.doc
AMEND 2002 -27
Pelican Bay.doc ...
Thank you,
Ann Jennejohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.jennejohn@collierclerk.com
1
17C `l
17C r
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Monday, February 09, 2009 1:16 PM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT14758.txt; Amending Ordinance 2002 -27; Pelican Bay MSTBU Ord Section 8
LLJ
A1T14758.txt (231 Amending
6) Jinance 2002 -27; Pt
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals@naplesnews.com
17C r
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Monday, February 09, 2009 2:18 PM
To: 'legals @naplesnews.com'
Subject: Amending Ordinance 2002 -27; Pelican Bay MSTBU Ord Section 8
Hello again,
Please kill the ad I just sent (roughly) an hour ago re: Amending Ordinance 2002 -27;
The Pelican MSTBU Ord Section 8.
I am revising the title and will be sending the new ad shortly.
Sorry for the inconvenience,
Thank you,
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.jennejohn@collierclerk.com
17C ,
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Monday, February 09, 2009 2:18 PM
To: Ann P.Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT15943.txt; Amending Ordinance 2002 -27; Pelican Bay MSTBU Ord Section 8
LI
ATT15943.bd (231 Amending
B) dinance 2002 -27; Pc
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals@naplesnews.com
17C til
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Monday, February 09, 2009 2:48 PM
To: Ann P. Jennejohn
Subject: RE: Ad Confirmation
ok
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Monday, February 09, 2009 2:21 PM
To: Pagan, Emely
Subject: RE:Ad Confirmation
I just sent you (legal's) an e-mail.
I'm sorry! There was a revision in the title
I'll be sending a new title shortly,
Thanks Emely,
Ann
- - - -- Original Message---- -
From: Pagan, Emely [mailto:EPagan @Naplesnews.com]
Sent: Monday, February 09, 2009 2:16 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Thank you for placing your ad.
Date 02/09/09
Publication
NDN
Ad Number
1777096
Total Ad Cost
$405.86
Emely
213 -6061
Under Florida Law, e-mail addresses are public records. If you do not want your a -mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
op- )vertisement �(. Z-,q -oq 17 C
REVISECOLLIER COUNTY FLORIDA
RLEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to Board* ease place the following as a:
❑ Other:
(Display Adv., location, etc.)
*************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Originating Dept/ Div: County Attorney Person: Jeffrey A. Klatzkow Date: February 6, 2009
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Tuesday, February 24. 2009 (NOTICE TO
RUN NO LATER THAN FRIDAY, February 13, 2009)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description & common location & Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2002 -27, AS PREVIOUSLY AMENDED AND CODIFIED AS ARTICLE LXI OF
CHAPTER 122 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE
PELICAN BAY SERVICES DIVISION BOARD, BY AMENDING SECTION EIGHT, RELATING TO THE
COMPOSITION, NOMINATION AND APPOINTMENT TO THE BOARD BY REVISING THE BALLOTING
REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
109- 182900- 649100 P.O. 45000 98915
Reviewed by:
Division Administrator or Designee
Date
List Attachments: Proposed Ordinance
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
**************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
FOR CLERK'S OFFICE USE O
Date Received Date of Public hearing: �1 _ Date Advertised: ( 31 X 2
09- PEL- 00028/5
17C R
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2002 -27, AS
PREVIOUSLY AMENDED AND CODIFIED AS ARTICLE
LXI OF CHAPTER 122 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, PERTAINING TO
THE PELICAN BAY SERVICES DIVISION BOARD, BY
AMENDING SECTION EIGHT, RELATING TO THE
COMPOSITION, NOMINATION AND APPOINTMENT
TO THE BOARD BY REVISING THE BALLOTING
REQUIREMENTS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners,
(the "Board ") working with the Pelican Bay Municipal Service Taxing and Benefit Unit
Advisory Committee residential and commercial property owners of Pelican Bay, adopted
Collier County Ordinance No. 2002 -27 which in part created the Pelican Bay Municipal
Service and Benefit Unit Advisory Committee; and
WHEREAS, Section Eight (C) of this Ordinance provides that nominees for
appointment of members to the Pelican Bay Services Division Board (the "PBSD Board "), as
renamed by Ordinance No. 2006 -05, shall be included on a mail ballot to be sent to all of the
non - government property owners of Pelican Bay, with the nominee(s) receiving a plurality of
the ballots cast in each category of membership forwarded to the Board for appointment; and
WHEREAS, the Ordinance is silent as to whether it is necessary to conduct balloting
when the number of nominees for a particular category of membership does not exceed the
number of open positions; and
WHEREAS, the Board desires to amend the Ordinance to clarify that there is no need
to conduct an election when the number of nominees for a particular category does not exceed
the number of open positions for that category.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words c': ek ''''n .ough are deleted.
Page I of 5
17C
SECTION ONE. Amendment to Section Eight of Collier County Ordinance No. 2002-
27, as amended:
Section Eight is hereby amended to read 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 (9) of the PBSD Board
members shall be representative of the residential interests within the Unit and two (2) 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 (9)
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 twenty (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 terns 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.
Words Underlined are added; Words Suaek Tlxeegk are deleted.
Page 2 of 5
17 C vi
C) Upon adoption of this Ordinance, 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 non - governmental property owners of the class (i.e. "Residential or
CommerciaUBusiness /Other ") corresponding with the class for which the balloting is
occurring ( "Residential or Commercial/Business /Other ") within the Unit no less than thirty
(30) days prior to the balloting date. Said balloting date being set by the Board of County
Commissioners.
D) i. One (1) 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. CommercialBusiness /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.
ii. 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 sixty (60) days prior to the balloting date shall be utilized
and deemed conclusive. Not less than forty -five (45) days prior to the balloting date, the
Words Underlined are added; Words Sn Elc T-1 • o gh are deleted.
Page 3 of 5
17C #1
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).
iii. 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 Ordinance. 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.
iv. 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.
"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.
SEC'T'ION TWO: 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 re- lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION THREE: 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
Words Underlined are added; Words Neagh are deleted_
Page 4 of 5
1 ?C A
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 2009.
ATTEST:
DWIGHT E. BROCK, Clerk
M
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
10
Deputy Clerk DONNA FIALA, Chairman
Approved as to form and
Words Underlined are added; Words Slnelc- Throng h are deleted.
Page 5 of S
17C
ACCOUNT #068779
February 9, 2009
Atm: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Amending Ordinance 2002 -27: The Pelican Bay Municipal Service Taxing
and Benefit Unit (Section Eight; Advisory Committee)
Dear Legals:
Please advertise the above referenced notice on Friday, February 13, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
PO #4500098915
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February
Boardroom, 3rd Floor, Administration Building, Coll
Government Center, 3301 East Tamiami Trail, Naples,
of County Commissioners will consider the enactment
Ordinance. The meeting will commence at 9:00 A.M.
proposed Ordinance is as follows:
17C
24, 2009, in the
ier County
Florida, the Board
of a County
The title of the
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2002 -27, AS PREVIOUSLY AMENDED AND
CODIFIED AS ARTICLE LXI OF CHAPTER 122 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, PERTAINING TO THE PELICAN BAY SERVICES DIVISION
BOARD, BY AMENDING SECTION EIGHT, RELATING TO THE COMPOSITION,
NOMINATION AND APPOINTMENT TO THE BOARD BY REVISING THE BALLOTING
REQUIREMENTS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are 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 rp for to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 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 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
17C s
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners, Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn 17C
To: legals @naplesnews.com
Subject: (Revised) Amending Ordinance 2002 -27; Pelican Bay Services Division Board Section 8
Attachments: Amending Ordinance 02- 27.doc; AMEND 2002 -27 Pelican Bay.doc
Please advertise the attached on Friday, February 13, 2009.
Amending AMEND 2002 -27
dinance 02- 27.doc ( Pelican Bay.doc ...
Thank you,
Ann Tennejohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax; 239-252-8408)
ann.jennejohn@collierclerk.com
17C
Ann P. Jennejohn
From: postmaster @collierclerk.com
Sent: Monday, February 09, 2009 2:45 PM
To: Ann P.Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT16333.txt; (Revised) Amending Ordinance 2002 -27; Pelican Bay Services Division Board
Section 8
21 LI
ATT16333.txt (231 ;Revised) Amending
B) Ordinance 2...
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested delivery status
notifications may not be generated by the destination.
legals @naplesnews.com
17C
Ann P. Jennejohn
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Monday, February 09, 2009 2:56 PM
To: Ann P.Jennejohn
Subject: Ad Confirmation
Attachments: UAS633.jpg
it
UAS633.jpg (83 KB)
R EVI5ED
Thank you for placing your ad
Date
02/09/09
Publication
NDN
Ad Number
1777096
Total Ad Cost
$400.70
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,
24, 2009 in the Boardroom, 3rd Floor, X
lion Building, Collier County Governmer
3301 East Tamlamt Trail, Naples, Florida,
of County Commissioners will consider
ment of 'a County Ordinance. The mci
commence at 9:00 A.M. The title of the
Ordinance is as follows:
A ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2002 -27 AS PREVIOUSLY AMENDED
AND CODIFIED AS ARTICLE LX1 OF CHAPTER 122 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDI-
NANCES, PERTAINING TO THE PELICAN 13AY SERV-
ICES DIVISION BOARD, BY AMENDiNG SECTION
EIGHT. RELATING TO THE COMPOSITION, NOMI-
NATION AND APPOINTMENT TO THE BOARD BY RE-
VISING THE BALLOTING REQUIREMENTS, PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDI-
NANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with
the Clerk to the Board and are available for inspec-
tion. 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 bead -
dressed. Individual speakers will be Limited to 5
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 materi-
als 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 he submitted to the appropriate County Staff
a minimum of seven days prior to the public hear-
ing. 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 per-
taining thereto and therefore, may need to ensure
that averbatim record of the proceedings Is made,
which record includes the testimony and evidence
upon which the appeal is based,
LF you are a person with a disability who needs any
accommodation in order to participate In this pro-
ceeding; you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W,
Naples, Florida 34112. (239) 252 -8380. Assisted Hs-
tening devices for the hearing impaired are avail
able in the County Commissioners` office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT" E. BROCK, CLERK
By: /Ann Jenneiohn, Deputy Clerk
13
17C
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
- - -- - --------- - + - - --
BCC /ZONING DEPARTMENT
S CLUTE /FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779 4500098915
59559743 NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 02/13 02/13
AD SPACE: 140.000 INCH
FILED ON: 02/13/09
-------------------- - - - - --
Signature of Affiant
17C
- - - - - ------- - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
2 u &lam- °�
r U
Sworn to and Subscrib d before me this �14'f1day o(f��Q_ ijC.C�p , 200
Personally known by me ` C LA !I KGti�Q�Q��
ri�gr;rLA MCDONALD
Commission DD 650475
Expires June 29, 2011
„„ noimanm1irm„ 1, , ,,�r�, eooaos�mo
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP l 7 C '14
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
excention of the Chairman's signature, draw a line throe h routing lines #1 through 14, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
I.
appropriate.
(Initial)
Applic able)
2.
2/24/09
Agenda Item Number
17 -C
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Jeffrey A. Klatzkow, County Attorney
County Attorney
JAK
2 -25 -09
5. Sue Filson
Office of Management & Budget
Documents Attached
-
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Jeffrey A. Klatzkow, County Attorney
Phone Number
252 -8400
Contact
appropriate.
(Initial)
Applic able)
Agenda Date Item was
2/24/09
Agenda Item Number
17 -C
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Ordinance Jp
Number of Original
One
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
09- BCC- 00520/2
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applic able)
1.
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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
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
3.
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.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
JAK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
JAK
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on 2/24/09 and all changes made during the
JAK
meeting have been incorporated in the attached document. The County Attorney's
nmm�
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
09- BCC- 00520/2
17C
ORDINANCE NO. 2009 -05
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2002 -27, AS
PREVIOUSLY AMENDED AND CODIFIED AS ARTICLE
LXI OF CHAPTER 122 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, PERTAINING TO
THE PELICAN BAY SERVICES DIVISION BOARD, BY
AMENDING SECTION EIGHT, RELATING TO THE
COMPOSITION, NOMINATION AND APPOINTMENT
TO THE BOARD BY REVISING THE BALLOTING
REQUIREMENTS; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 28, 2002, the Collier County Board of County Commissioners,
(the "Board ") working with the Pelican Bay Municipal Service Taxing and Benefit Unit
Advisory Committee residential and commercial property owners of Pelican Bay, adopted
Collier County Ordinance No. 2002 -27 which in part created the Pelican Bay Municipal
Service Taxing and Benefit Unit Advisory Committee; and
WHEREAS, Section Eight (C) of this Ordinance provides that nominees for
appointment of members to the Pelican Bay Services Division Board (the "PBSD Board "), as
renamed by Ordinance No. 2006 -05, shall be included on a mail ballot to be sent to all of the
non - govemment property owners of Pelican Bay, with the nominee(s) receiving a plurality of
the ballots cast in each category of membership forwarded to the Board for appointment; and
WHEREAS, the Ordinance is silent as to whether it is necessary to conduct balloting
when the number of nominees for a particular category of membership does not exceed the
number of open positions; and
WHEREAS, the Board desires to amend the Ordinance to clarify that there is no need
to conduct an election when the number of nominees for a particular category does not exceed
the number of open positions for that category.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words Underlined are added; Words Struck ThF w0 are deleted.
Page 1 of 5
17C I
SECTION ONE. Amendment to Section Eight of Collier County Ordinance No. 2002-
27, as amended:
Section Eight is hereby amended to read 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 (9) of the PBSD Board
members shall be representative of the residential interests within the Unit and two (2) 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 (9)
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 twenty (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.
Words Underlined are added; Words S.m are deleted.
Page 2 of 5
l7C 4
C) Upon adoption of this Ordinance, 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 non - governmental 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 thirty
(30) days prior to the balloting date. Said balloting date being set by the Board of County
Commissioners.
D) i. One (1) 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.
ii. 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 sixty (60) days prior to the balloting date shall be utilized
and deemed conclusive. Not less than forty -five (45) days prior to the balloting date, the
Words Underlined are added; Words Struck:Ng ; are deleted.
Page 3 of 5
17C A
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).
iii. 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 Ordinance. 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.
iv. 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, followine
public hearing on the matter, will make the necessary appointments to fill said positions.
SECTION TWO: 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 re- lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION THREE: 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
Words Underlined are added; Words Struooa�k - ' .,.c
T �� g : are deleted.
Page 4 of 5
17C
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 24 *ivday of 2009.
.r.
ATTEfi' ..:. °' ,�
DWIGHT E,- BROCK,, Clerk
By
AM A 'p to e ty Clerk
Approved as to form and
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By Orm�
DON 4A FIALA, Chairman
Words Underlined are added; Words k-Tfuongh are deleted.
Page 5 of 5
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 and correct
copy of:
ORDINANCE 2009 -05
17C +0
Which was adopted by the Board of County Commissioners
on the 24th day of February, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of February, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Bp4ti&IDfy
County CommisAoriers g.
ta��qa" By: Martha Ve;
Deputy Clerk'"