Sec. 122-1661. - Creation of the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee Known as the Pelican Bay Services Division Board.

Concurrent with the passage of the article, an 11 member advisory committee to be known as the Pelican Bay Services Division Board (PBSD Board) is hereby created. Those individuals who are members of the PBSD Board pursuant to Collier County Ordinance No. 90-111, as amended, as of the moment prior to the effective date of this article, shall continue on as members of the PBSD Board until March 31st of the year in which their term would have expired as set forth in the prior ordinances, and shall continue to hold over and serve in that capacity until their position is filled as provided for in this article.

(Ord. No. 02-27, § 7, 5-28-02; Ord. No. 2006-05, § 4)

Sec. 122-1662. - Composition, nomination and appointment.

(a)

The PBSD Board shall be representative of the residential, business and commercial interests and landowners in Pelican Bay. To that end, nine of the PBSD Board members shall be representative of the residential interests within the unit and two of the PBSD Board members shall be representative of the commercial and business interests within the unit.

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 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 identification number, the names of the property owners and their addresses, with said list designating each parcel as either residential/commercial/other (based upon the property appraiser's classification system).

(3)

The mail ballots shall be cast directly with the clerk. At the place and time stated in the notice of the balloting published by the Board of County Commissioners, the clerk, with the assistance of the county attorney's office, shall open and count the ballots, which have been returned to the clerk as of the date and time stated in such notice of balloting, in a manner which the clerk deems advisable and not inconsistent with the provisions of this section. Any member of the public shall be entitled to attend and observe. The determination of the clerk and the county attorney of validity of any ballot shall be final.

(4)

The nominee(s) receiving a plurality of the ballots cast in each category of membership shall be deemed the successful nominee(s) and their name(s) shall be reported and forwarded to the Board of County Commissioners. The Board of County Commissioners shall then, at their next regularly scheduled meeting, make the necessary appointments to fill said positions.

(e)

The cost of the nomination and balloting process shall be borne by the Board of County Commissioners.

(f)

Notwithstanding the foregoing, if the number of nominees for the position which they have been nominated (i.e., for the "residential interests" or for the "commercial/business/other interests") does not exceed the number of open members for that position, then there shall be no balloting for such position. Instead, the list of nominees for the position shall simply be forwarded to the Board of County Commissioners, who, following public hearing on the matter, will make the necessary appointments to fill said positions.

(Ord. No. 02-27, § 8, 5-28-02; Ord. No. 2006-05, § 5; Ord. No. 2009-05, § 1)

Sec. 122-1663. - Terms of office of the Pelican Bay Services Division Board.

In 2002, of the four terms which are expiring: i) two positions shall be filled with persons representative of the residential interests who shall each be appointed for a four-year term; and ii) two positions shall be filled with persons representative of the commercial/business/other interests, wherein one person will be appointed for a four-year term and one person appointed for a two-year term. Thereafter, each appointment or reappointment shall be for a term of four years. Each new term of appointment will begin on the date of appointment and expire on March 31st.

A member of the PBSD Board may be reappointed by the Board of County Commissioners without limitations. Appointments to fill any vacancies on the PBSD Board shall be for the remainder of the unexpired term of office.

(Ord. No. 02-27, § 9, 5-28-02; Ord. No. 2006-05, § 6)

Sec. 122-1664. - Removal from office; failure to attend meetings.

(a)

Any member of the PBSD Board may be removed from office by a majority vote of the Board of County Commissioners.

(b)

Notwithstanding the provisions of Collier County Ordinance No. 2001-55 as to attendance, if any member of the PBSD Board fails to attend two consecutive board meetings without a satisfactory excuse, as determined by the PBSD Board, or if a member is absent from more than one-half of the PBSD Board's meetings in a given fiscal year, the PBSD Board shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners in conformance with this article.

(Ord. No. 02-27, § 10, 5-28-02; Ord. No. 2006-05, § 7)

Sec. 122-1665. - Officers; quorum; rules of procedure.

(a)

At its earliest opportunity, the membership of the PBSD Board shall elect a chairman and vice chairs from among the members. Officers' terms shall be for one year, with eligibility for re-election.

(b)

The presence of six or more members shall constitute a quorum of the PBSD Board necessary to take action and transact business. In addition, an affirmative vote of a majority of the members present shall be necessary in order to take action, except that an affirmative vote of seven or more members present shall be required to recommend the budget for the unit to the Board of County Commissioners.

(c)

The PBSD Board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business of the PBSD Board and shall keep a detailed record of meetings, resolutions, findings and determinations.

(Ord. No. 02-27, § 11, 5-28-02; Ord. No. 2006-05, § 8)

Sec. 122-1666. - Reimbursement of expenses.

Members of the PBSD Board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners after approval by the PBSD Board.

(Ord. No. 02-27, § 12, 5-28-02; Ord. No. 2006-05, § 9)

Sec. 122-1667. - Functions, powers and duties of the Pelican Bay Services Division Board.

The functions, powers and duties of the PBSD Board shall be as follows, and shall be carried out consistent with the provisions of the memorandum of understanding/letter of understanding referenced herein:

(1)

With the assistance of the county manager, provide input to the Board of County Commissioners in carrying out the purposes of the Pelican Bay Municipal Service Taxing and Benefit Unit as set forth in this article.

(2)

Upon any decision by the Board of County Commissioners to dissolve, merge or otherwise change or discontinue the functions or services provided by the Pelican Bay MSTBU, the PBSD Board shall be prepared to and shall aid, assist and provide input to the county manager and the Board of County Commissioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations to the unit.

(3)

With the assistance of the county manager, to prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the unit for the next fiscal year.

(4)

The PBSD Board shall recommend work programs and priorities to the Board of County Commissioners in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners in accordance with law. The execution of work programs shall be under the direct supervision and responsibility of the Pelican Bay Services Division Board to be executed by the Pelican Bay Services Division staff with the assistance of any additional county staff needed in accordance with the memorandum of agreement/letter of understanding. Said work may be performed under contract (in accordance with law and county policy) or by county forces.

(5)

To enter into a memorandum of agreement/letter of understanding with the Board of County Commissioners, and with the county manager, wherein the parties outline that the intent in the operation of the unit is to allow the PBSD Board to exercise decision and control of the day to day operational affairs of the unit to the maximum extent allowed by law, unless and except when there is some overriding governmental reason to do otherwise.

(Ord. No. 02-27, § 13, 5-28-02; Ord. No. 2006-05, § 10)

Sec. 122-1668. - Duties of the county manager.

The duties of the county manager or his designee shall be:

(1)

To participate in the administration of the activities of the unit in accordance with the memorandum of agreement/letter of understanding, and the established policies of the Board of County Commissioners, subject to the terms of this article.

(2)

To assist the PBSD Board performing its functions as defined by this article including the preparation of the proposed annual budget.

(3)

To require any contract manager or employee manager of the unit to report directly to the county manager.

(Ord. No. 02-27, § 14, 5-28-02; Ord. No. 2006-05, § 11)

Sec. 122-1669. - Review process.

This article shall be reviewed once every four years, in accordance with the procedures contained in Collier County Ordinance No. 2001-55.

(Ord. No. 02-27, § 15, 5-28-02)

Sec. 122-1670. - Opportunity to comment prior to initial implementation or use of the unit's taxing and assessment authority.

Prior to adopting the budget for the unit and implementing any taxing or assessment authority under this unit, the Board of County Commissioners shall hold a public hearing upon reasonable notice in a local newspaper of general circulation. At such public hearing the Board of County Commissioners will consider the budget recommended by the PBSD Board and provide the public the opportunity to comment on the proposed budget and the implementation or use of the unit's taxing and assessment authority.

(Ord. No. 02-27, § 16, 5-28-02; Ord. No. 2006-05, § 12)

EXHIBIT A

The Pelican Bay Services District is comprised of and includes those lands described as follows:

A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improvement District, the perimeter boundary of same more particularly described as follows:

Commencing at the Southeast corner of said Section 33; thence South 89 degrees 59 minutes 50 seconds West along the South line of Section 33 a distance of 150.02 feet to a point on the West right-of-way line of U.S. 41 (State Road 45), said point also being the Point of Beginning; thence Southerly along the West right-of-way line of said U. S. 41 (State Road 45) the following courses: South 00 degrees 58 minutes 36 seconds East a distance of 2.49 feet; thence South 00 degrees 55 minutes 41 seconds East a distance of 3218.29 feet; thence South 01 degrees 00 minutes 29 seconds East a distance of 3218.56 feet; thence South 00 degrees 59 minutes 03 seconds East a distance of 2626.21 feet; thence South 01 degrees 00 minutes 18 seconds East a distance of 2555.75 feet to a point on the North right-of-way line of Pine Road as recorded in D.B. 50, Page 490, among the Public Records of said Collier County; thence departing said U.S. 41 (State Road 45) South 89 degrees 09 minutes 45 seconds West along said North right-of-way line a distance of 2662.61 feet; thence South 00 degrees 51 minutes 44 seconds East a distance of 70.00 feet to a point on the North line of Seagate Unit 1 as recorded in Plat Book 3, Page 85 among said Public Records; thence South 89 degrees 09 minutes 45 seconds West along said North line of Seagate Unit 1 and the South line of said Section 9 a distance of 2496.67 feet to the Southwest corner of said Section 9; thence continue South 89 degrees 09 minutes 45 seconds West a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a Northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line South 80 degrees 29 minutes 30 seconds East and along the Southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, Page 121 among said Public Records a distance of 7385 feet more or less to a point on said West right-of-way line of U. S. 41 (State Road 45); thence South 00 degrees 58 minutes 36 seconds East along said West right-of-way line a distance of 2574.36 feet to the Point of Beginning.

Pelican Bay—Exhibit B

Secs. 122-1671—122-1700. - Reserved.