Ordinance 2013-20 a % 3
ORDINANCE NO. 2013 -20 By 1 iiii
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;7
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FORA °'
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-:thee 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
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
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
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
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
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-majori vote of the Board of County
Commissioners of Collier County, Florida, this I13 of At kw , 2013.
h' Y
ATTEST:;;,, a"a 0 ' BOARD OF COUNTY COMMISSIONERS
DWIG `E':BROC.[N;.clerk COLL " CO,i Y, F ORIDA
� r By: l j _AM& tv By:wlit • erk / G 'GIA A. HILLER, ESQ.
'# ' CHAIRWOMAN
stinatoi Ap r t v d,,: to form and
Ii . .
Jeffr y ' . latzkow
Co `'ty`a', ttorney
This ordinance filed with the
Secretary of State's Of f. e tthhe
day of frk.AE1, ;gyp
and acknowledgement off that
Win. received this 2 day
117$0111.61■41MONNIt
Deputy C it
Page 6 of 6
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 ,,of! CoArts and Clerk
Ex-gf,fic,ip. tQ,,Board of
Cot;inty 1 Comm ,ss4oners
Thai ,
By:Nfartha rV&gara,
Deputy Clerk