Resolution 1991-217
MARCH II, 111111
BCC
RESOLUTION NO. 91 -217
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, PROVIDING FINDINGS; ACCEPTING
AND ADOPTING THE PLAN OF DISSOLUTION FOR THE
PELICAN BAY IMPROVEMENT DISTRICT; AND SPECIFICALLY
ACCEPTING THE INDEBTEDNESS, OBLIGATIONS AND
RESPONSIBILITIES OF THE PRE-EXISTING SPECIAL
DISTRICT GOVERNMENT.
IT IS HEREBY ASCERTAINED, DETERMINED, DECLARED AND FOUND
THAT:
A. The Board of County Commissioners, acting pursuant to
specific provisions in Chapter 74-462, Laws of Florida, have
succeeded to the powers, rights, duties, functions and obligations
of the Pelican Bay Improvement District and have become the
commission succeeding principle functions thereof (hereinafter
"PBID").
B. Having become the governing body of the Pelican Bay
Improvement District, it is now necessary for PBID to consider and
adopt better procedures resulting in the high quality, efficient,
,
expedient and economic provision of water, sewer, irrigation,
street lighting, water management, and beautification services,
responsibilities and obligations now provided through the Pelican
Bay Improvement District.
C. The Pelican Bay Improvement District boundaries lie
wholly within the boundaries of the Collier County Water-Sewer
District.
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MARCH II, 1991
D. It is in the public interest that long-range planning,
management and financing and long-term maintenance, upkeep and
operation of water, sewer and irrigation facilities within the
Collier County Water-Sewer District be uniform, efficient, and
economical.
E. Pursuant to Chapter 88-499, Laws of Florida, PBID has
authorized and consented, in writing, to the exercise and
jurisdiction by the Collier County Water-Sewer District over the
properties located within the boundaries of the Pelican Bay
Improvement District.
F. It appears the introduction of a special act
establishing and organizing a municipality within the confines of
the boundaries of Pelican Bay Improvement District is imminent.
G. Absent conveyance or transfer by law of all right, title
and interest in the water, sewer and irrigation utility facilities
and appurtenant easement and use rights within the Pelican Bay
Improvement District to Collier County and/or the Collier County
Water-Sewer District prior to the passage of any legislation
creating a municipality within the Pelican Bay Improvement
District, the specific objectives related to the development of a
regional water and sewer system and the economies and service
enhancements favorable to all residents, ratepayers and landowners
in poth the Pelican Bay Improvement District and the Collier
County Water-Sewer District, which were in certain respects the
genesis of the Board of Commissioners actions in succeeding, will
be frustrated and/or thwarted.
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H. It is not in the overall public interest or the interest
of the residents, ratepayers and landowners of the Collier County
Water-Sewer District to allow or acquiesce to the secession or
erosion of portions of the Collier County Water-Sewer District,
its service areas or facilities whenever areas within the Collier
County Water-Sewer District seek incorporation.
I. Maintaining integrity and ability of the Collier County
Water-Sewer District to provide regionalized water, sewer and
irrigation services within its boundaries is consistent with the
County's Comprehensive Plan.
J. In any and all events the Board of Commissioners have
covenanted, and hereby reaffirm their covenant, to maintain
inviolate the legal and equitable rights, powers and interests of
each and every bondholder in any and all bond financing
proceedings authorized specifically by the enabling legislation
for the Pelican Bay Improvement District.
K. The Board of County Commissioners, as the governing body
of Collier County, has created the Pelican Bay Municipal Services
Taxing and Benefit Unit for, among other reasons, the purpose of
more efficiently and economically providing, at a minimum, those
same services as are presently provided by the Pelican Bay
Improvement District, save and except for water,
sewer and irrigation services.
L. The boundaries of the Pelican Bay Municipal Services
Taxing and Benefit Unit are one and the same as the boundaries of
the Pelican Bay Improvement District.
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MARCH II, 1991
M. The past and present operating framework of the Pelican
Bay Improvement District has proved to be and is awkward,
uneconomical and inefficient, and is generally inconsistent with
the County's Growth Management Plan and the specific objectives
related to the development and furtherance of a regional water and
sewer system.
N. In Chapter 189, Florida statutes, the Legislature has
specifically found, and the County Commission concurs, that it is
in the pUblic interest that special districts created pursuant to
state law not outlive their usefulness.
O. Collier County and/or the Collier County Water-Sewer
District and/or the Pelican Bay Improvement District have caused
the installation of the appropriate infrastructure to interconnect
the water, sewer and irrigation systems and facilities of the
Pelican Bay Improvement District to regional treatment facilities
of the Collier County Water-Sewer District.
P. Collier County and/or the Collier County Water-Sewer
District through Collier County utilities Division is capable of
providing all of the water, sewer and irrigation services and/or
necessary administration to serve the areas presently served by
the Pelican Bay Improvement District at the same or better cost,
at the same or better level of quality and as efficiently as is
being provided by the Pelican Bay Improvement District.
Q. The County and/or the Pelican Bay Municipal Services
Taxing and Benefit Unit is capable of providing all services
previously provided by the Pelican Bay Improvement District, save
water, sewer and irrigation services which will be provided
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MARCH II, 1991
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through the Collier County government, at the same or better cost,
at the same or better level of quality and as efficiently as is
being provided by the Pelican Bay Improvement District.
R. The Collier County Board of Commissioners has covenanted
to not blend, and thereby raise, the total rates of the residents
or rate-payers of the Pelican Bay Improvement District relative to
water, sewer, irrigation rates, until such time as comparable
utility rates within the Collier County Water-Sewer District and
the areas previously served by the Pelican Bay Improvement
District are generally on parity with each other.
S. Section 189.4031, Florida Statutes, provides that all
special districts, regardless of the existence of other more
specific provisions of applicable law, shall comply with the
creation, dissolution and reporting requirements set forth
therein.
T. Section 189.4043, Florida Statutes, provides that any
existing special districts may be dissolved by a resolution of the
governing body of the special district and that a copy of any such
resolution shall be filed within thirty (30) days after
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the effective date of the dissolution of the Special District
Information Program and the local general-purpose government
within which the special district is located.
U. Section 189.4045, Florida Statutes, provides that the
dissolution of a special district government shall transfer title
to all property owned by the pre-existing special district
government to the local general-purpose government, and said local
general-purpose government shall also assume all indebtedness of
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MARCH II, 1991
the pre-existing special district, unless otherwise provided in
the dissolution plan.
V. The County Commission has considered the Plan of
Dissolution of the Pelican Bay Improvement District attached
hereto and after having heard public comment on same and after
having considered, by way of example and not limitation;
a) the many and varied circumstances surrounding the
succession;
b) the existing local general-purpose government's
objectives of providing, and commitment to
provide, regionalized utility services;
c) the past, current and potential future operating
framework of the Pelican Bay Improvement
District;
d) the alternatives, abilities and economics of
providing various municipal services to the
Pelican Bay area;
e) the needs and desires of residents, ratepayers
and landowners in the Collier County Water-Sewer
District, both inside and outside the Pelican Bay
Improvement District; and
f) the impacts of incorporation of the Pelican Bay
area or any other unincorporated areas within the
Collier County Water-Sewer District vis-a-vis the
integrity, objectives, commitments of the Collier
County Water-Sewer District and how those impacts
will affect, both now and in the future, the
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MARCH II, 1991
entire urban area of Collier County;
The County Commission hereby finds and concludes that the Plan of
DiSSOlution represents the best alternative, both short and long
term, which best protects, preserves and administers all of the
various, and sometimes competing, interests and desires involved.
W. The County Commission finds that the Pelican Bay
Improvement District has outlived its usefulness.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA as the Governing Body of Collier County and as
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, hereby resolves that:
1. The Plan of Dissolution of the Pelican Bay Improvement
District ("Plan of DiSSOlution") attached hereto and incorporated
herein by reference is hereby accepted and adopted.
2. In its capacity herein the Board of County Commissioners,
among other things, hereby accepts and assumes the indebtedness,
obligations and responsibility resulting from the Plan of
Dissolution.
3. Specifically, and in any and all events, the Board of
Commissioners reaffirm their covenant to maintain inviolate the
legal and equitable rights, powers and interests of each and every
bondholder in any and all bond financing proceedings authorized
specifically by the enabling legislation for the Pelican Bay
Improvement District.
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MARCH II, 1991
vote.
This Resolution adopted after motion, second and majority
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DATED: March 5, 1991
A'l"T'EST":"",
~:JAMES C. GI~ES, Clerk
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, Approved as to form and
legal sufficiency:
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Kenneth . CUy
County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, AND AS EX-OFFICIO
THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
96tC.'c G~A~
PATRICIA ~E GOODNIGH
Chairperson
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MARCH II, 1991
PLAN OF DISSOLUTION
FOR THE
PELICAN BAY IMPROVEMENT DISTRICT
1. statement or DiSSOlution: Construction: PurDos8
1.1 This Plan of Dissolution for the Pelican Bay Improvement
District (hereinafter "Plan of DiSSOlution") is representative of
the pOlicy, Objectives, procedures and guidelines which will
govern and effect the dissolution of the Pelican Bay Improvement
District. The Plan of Dissolution shall become operative upon the
adoption of the governing body of the Pelican Bay Improvement
District (hereinafter "PBID" or "District"), the Board of County
Commissioners of Collier County, Florida, as the Governing Body of
Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District (hereinafter "Collier County"
or "County").
1.2 The Plan of Dissolution and any amendments or modifications
thereto shall be construed liberally to affect the purposes of a
smooth and efficient dissolution which results in Collier County
and its regional water-sewer district, as the local general
purpose government, becoming the recipient by law of title to all
property and property rights owned by the Pelican Bay Improvement
District. Upon adoption of this Plan of Dissolution by PBID and
the County through appropriate resolutions, the charter of the
Pelican Bay Improvement District shall be revoked and Pelican Bay
Improvement District shall be diSSOlved.
2. Authoritv
2.1 Section 189.4031, Florida Statutes, provides that all special
districts, regardless of the existence or other more specific
provisions of applicable law, shall comply with the creation,
dissolution and reporting requirements set forth therein.
2.2 Section 189.4043, Florida Statutes, provides that the charter
of any existing special district may be revoked and the special
district dissolved by a resolution of the governing body of the
special district.
2.3 Section 189.4045, Florida Statutes, provides that the
dissolution of a special district government shall transfer the
title to all property owned by the pre-existing special district
government to the local general-purpose government which shall
also assume all indebtedness of the pre-existing special district,
unless otherwise provided in the dissolution plan. Therefore, the
dissolution of the Pelican Bay Improvement District and this Plan
of DiSSOlution is adopted pursuant to the provisions of
Chapter 189, Florida Statutes.
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MARCH II, 1991
3. Bftaativa Data
3.1 The effective date of the dissolution of the Pelican Bay
Improvement District shall be as of the date or time specifically
identified in any resolution dissolving the Pelican Bay
Improvement District passed by the governing body of the Pelican
Bay Improvement District.
4.
Board or Commissioners AuthO~;;V :~ ~~: ~~ T~~s~e~s in
Dissolution for tha psliaan I r m t s r at
4.1 A majority of the Board of County Commissioners of Collier
County, Florida, present and acting at a regular or special
meeting of the Board of Commissioners shall also have the
authority to act as the Trustees in Dissolution for the Pelican
Bay Improvement District whenever they deem such action is
advisable or prudent. In its capacity as the Trustees in
DiSSOlution for the Pelican Bay Improvement District, the Board of
County Commissioners shall have the power and authority to do any
act necessary to wind up or liquidate the Pelican Bay Improvement
District's business and affairs. This power and authority shall
not be exclusive, but rather shall be supplemental, alternative
and cumulative to all other power and authority of the Board of
County Commissioners, as the Governing Body of Collier County, or
.~therwise, to wind up or liquidate the business and affairs of the
Pelican Bay Improvement District upon dissolution.
5. Laa_l status
5.1 Chapter 74-462, Laws of Florida, as amended, established a
special district known as the Pelican Bay Improvement District and
generally enumerated its authority to provide water management,
beautification, street lighting, water, sewer and irrigation
services and established the PBID Board of Supervisors as the
governing body.
5.2 On June 19, 1990, the Board of County Commissioners of
Collier County, Florida opted to succeed to the powers, rights,
duties, functions, and obligations of PBID pursuant to the
specific terms of Chapter 74-462, Laws of Florida.
5.3 Upon succession the existing PBID Board of Supervisors were
dismissed and the Collier County Board of Commissioners succeeded
to the principal functions thereof by law. PBID as a legal entity
continued to exist in accordance with Chapter 74-462, Laws of
Florida after succession. The resolution, Collier County
Resolution No. 90-335, embodying the act of succession
specifically declared, appointed and authorized the County
Manager, or his designee, as the County administrator having the
final ultimate staff authority and responsibility for the
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MARCH II, 1991
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day-to-day administration, direction, and supervision of the
affairs of PBID. As well, Collier county Resolution No. 90-335
declared that all contracts at PBID tor supplies, services, and
other things at value would remain in force until such time as the
County Commissioners determined otherwise appropriate.
Accordingly, the contract management for PBID with Gary L. Moyer,
P.A., has been continued since succession. However, since
succession, ultimate staft direction and supervision of PBIO
affairs where needed has come tram the County Manager or his
designee.
5.4 The dissolution of the PBID special district government shall
transfer the title to all property owned by PBID to the local
general purpose government, which shall also assume all
indebtedness of the pre-existing special district, unless
otherwise provided tor in this Dissolution Plan or any amendment
or modification thereto.
6. Man_cement structure
6.1 Prior to dissolution PBID was managed by a contract
administrator, Gary L. Moyer, P.A. There were three basic
organizational units; the District Manager's Office, the Business
Services Department and the Field Services Department.
6.2 The District Manager's Office had two employees; the Manager
and the Manager's secretary. The Manager was responsible for
overall administration of the day-to-day operations and functions
of the District. The Manager serves as the Budget Of ticer,
Finance Officer, Personnel Officer, Property Manager, Risk
Management Officer, Procurement Officer and Community Planner for
the District. The Manager also personally supervised a number of
service contracts, including those with the District Engineer,
street lighting and beautification. To a lesser extent the
Manager also provided assistance to advisory committees.
6.3 The Business Services Department performed staff functions,
including recording, finance, property management, personnel,
purchasing and risk management. The Business Services Department
had one employee, the staff assistant to the District Manager.
6.4 The Field Service Division was headed by a Field Services
Superintendent, who supervised 7 employees. The Field Services
Superintendent was responsible for the line operating and
maintenance functions of PBID, including water management,
right-of-way maintenance, potable water services, sewage treatment
and collection services, irrigation water services, storage of
field vehicles, equipment and materials, and construction
supervision.
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MARCH II, 1991
6.5 Upon dissolution, management of PBID will be handled by a
two-step process. First, in order to make an extraordinary effort
to maintain service continuity, service quality and community
identity, the County Manager will temporarily create a new
division of County government entitled the "Pelican Bay Services
Division". The Division Administrator will be appointed from
existing staff and will either be or report directly to the County
Manager. All employees of the Pelican Bay Services Division will
be employees of existing County Divisions, on special assignment.
This new division of County government will remain in place until
the Board of Commissioners feel the extraordinary presence of
local government in the Pelican Bay subdivisions is no longer
necessary, efficient or serving a needed public purpose. Also,
the Collier County Board of County Commissioners will be sensitive
to the desires of the residents, business interests and
landownership in Pelican Bay as to whether or not continued
extraordinary local presence and administration are advantageous
and beneficial to these people. Secondly, when the County
Commission believes there is no longer a need for an extraordinary
local presence or the residents, business interests and
landownerShip interests in Pelican Bay indicate there is no longer
a feeling that a local office and local administration are
advantageous to them, the offices in Pelican Bay will be closed,
the temporary division of County government will be dissolved and
all management responsibility within the Pelican Bay area will be
transferred to the existing service divisions within the County
Manager's agency of County government.
6.6 It is estimated that the current cost of maintaining a local
office in Pelican Bay is approximately $140,000 and that $75,000
to $100,000 in savings will be accomplished at such time as the
local office is closed and management responsibility is
transferred to the existing service divisions within the County
Manager's agency of County government. It is the intention of
this Plan of Dissolution that the cost and expense for maintaining
a satellite office in Pelican Bay will be borne by the residents,
ratepayers and landownership in Pelican Bay.
6.7 It is the general intention of this Plan of DiSSOlution that
the management by the new and temporary Pelican Bay Services
Division be implemented for at least the balance of fiscal year
1991, and that if the residents, business interests and
landownership interests in Pelican Bay do not desire the County to
maintain a local presence in Pelican Bay, the present offices will
be closed and the operations of the new and temporary Pelican Bay
Services Division will be integrated into existing operating
Divisions of the County Manager's agency, effective October 1,
1991.
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MARCH II, 1991
6.8 Upon dissolution, the distribution of functions within the
newly created Pelican Bay Services Division will be implemented to
provide for a separate Utility Department supervised by a Utility
Superintendent on assignment from the Collier County utilities
Division, a separate Public Services Department supervised by a
Public Services Superintendent on assignment from another division
of the County Manager's agency and a support person to assist the
acting Division Administrator and the two superintendents.
6.9 Upon succession, the PBID had one Advisory Board, the PBrD
Conservation Advisory Committee whose purpose was to advise the
PBID Board of Supervisors on all water management and
environmental concerns. This Advisory Committee met at the call
of the Board of Supervisors and remained in effect upon
succession. Upon dissolution the PBID Conservation Advisory
Committee will terminate.
6.10 After succession on December 18, 1990 the Board of county
Commissioners, by Ordinance, created the Pelican Bay Municipal
Services Taxing and Benefit Unit and an advisory committee. This
advisory committee is designed to provide input to the County
Manager and the Board of Commissioners relative to Pelican Bay
service issues. Upon dissolution, the role of the Pelican Bay
Municipal Services Taxing and Benefit Unit Advisory Committee will
remain unchanged.
6.11 An organizational chart showing the organization of the PBID
prior to dissolution and the applicable County government
immediately after dissolution is attached as Composite Appendix A.
7. Leaa1 Counsel
7.1 Prior to succession, legal counsel was provided to PBID by
private law firms.
7.2 Upon succession, Board of County Commissioners declared,
appointed and authorized its County Attorney, or his designee, as
the counsel having the final ultimate authority and responsibility
to the day-to-day administration, direction and supervision of the
Pelican Bay Improvement District's legal counsel, whether general
or special, and all other legal affairs of PBID.
7.3 Upon dissolution, legal counsel for the interim or temporary
division of County government known as Pelican Bay Services
Division and/or the Pelican Bay Municipal Services Taxing and
Benefit Unit will continue to be provided through the Office of
the Collier County Attorney.
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MARCH II, 1991
8. Contraot Manaaement
8.1 Prior to and upon succession, all contracts were managed by
the District Manager.
8.2 Upon dissolution, the acting Pelican Bay Services Division
Administrator will be responsible for the administration of
contracts for services rendered in Pelican Bay. However, all
insurance contracts will become the responsibility of the Risk
Management Department within the Administrative Services Division
of County government.
8.3 Upon dissolution, the rights and obligations of all contracts
for services and materials to which the pre-existing special
district was a party, shall be assumed by Collier County as the
local general purpose government. However, the Board of County
Commissioners shall have the right, authority and discretion to
determine if the rights and obligations of the various contracts
shall be limited to the confines, tax, and assessment base within
the boundaries or a smaller portion of the boundaries of the
pre-existing special district, or whether the rights and
obligations of the contracts shall be spread over the
jurisdictional boundaries of some larger portion of Collier
County.
9. Finance
9.1 Upon succession, the District Manager served as the Budget
Officer and Finance Officer. The District Manager prepared the
District budget in accordance with the enabling legislation, and
upon succession then submitted to the County Manager for review
and subsequent approval by the governing body of PBID. utility
billing and collections were carried out under the District
Manager's supervision. The assessment functions were performed by
the District Manager and, by contract, with the Collier County
Property Appraiser. The tax and tax assessment collection
function was carried out, by contract, through the Collier County
Tax Collector. The treasury function was carried out by the Clerk
of the Circuit Court. BUdgeting and balance sheet account
functions, upon succession were performed by the Clerk of the
Board of County Commissioners. Checks for accounts payable and
payroll were prepared at the District Office and brought to the
Clerk's Office for signature. All cash receipts collected at the
Administrative offices are deposited daily in approved bank
accounts by the District Manager.
9.2 Upon dissolution, the financial functions will remain for the
most part unchanged with the exception of meter reading functions
being performed on an inter-agency contracted basis with the
Collier County Utilities Division. Initially, the former PBID
utility billing system will also be operated as is.
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MARCH II, 1991
9.3 Upon dissolution, all financial functions, policies and
procedures of Collier County shall become effective and applicable
to all prior District personnel and operations.
9.4 Upon dissolution, the County's Federal Employer
Identification Number, the County's State Sales Tax Identification
Number, State Payroll and Pension Identification Numbers or any
other like identifying numbers shall be incumbent upon the
financial transactions of the Pelican Bay Services Division and
the Pelican Bay Municipal Services Taxing and Benefit Unit.
9.5 Upon dissolution, the County's budget calendar, policies and
prOCedures will become effective immediately and all PBID enabling
act legislation will no longer necessarily apply to the budgetary
process.
9.6 Upon dissolution, all assets and liabilities of PBID, with
the exception of water, sewer or related utility irrigation
facilities and any necessary and/or appurtenant easement or real
property interests will be accounted for via the funds of the
Pelican Bay Municipal Services Taxing and Benefit Unit. It is not
anticipated that there will be any change of revenue structure
during the FY 1991 fiscal period. It is anticipated that new or
amended revenue authorizations should result from the FY 1992
budgetary process.
9.7 Upon dissolution all debt of PBID shall become debt of
Collier County as the local general purpose government. However,
the Board of Commissioners of Collier County shall have the right,
authority and discretion to determine if the debt or obligations
accruing to it by law shall be paid back from revenues derived
tram the confines, tax, and assessment base within the boundaries
of the pre-existing special district or the Pelican Bay Municipal
Services Taxing and Benefit Unit or whether the debt and
responsibility for the payment thereof shall be derived from
revenues obtained from other larger areas within the
jurisdictional boundaries of Collier County.
10. ~D4 8truotur.
10.1 Upon succession and prior to dissolution PBID operated
several funds which are as follows:
1) Water Manaoement Debt Service Fund accounts for all
transactions related to Water Management System bonds.
Revenues of the fund consist of
collected on an acreage basis.
$473.01 per acre. Expenses are
the bonds.
special assessments
The current rate is
limited to retirement
of
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MARCH II, 19111
2) street Liohtino Scecial Revenue Fund accounts for all
transactions related to the operation and maintenance and
improvements of the lighting system within the District.
Revenues of the system are ad valorem taxes and special
assessments. Special assessments are used for capital
outlays and indebtedness. Ad valorem taxes are levied
for operating and maintaining the street lighting system.
In FY 1991 a one-time special assessment was assessed
against all property in the amount of $66.00 per
equivalent dwelling unit to payoff indebtedness for
street light improvements. The ad valorem levy for
street light operating and maintenance was terminated for
this one year periOd while the special assessment is in
place.
3) Water/Sewer Entercrise Fund accounts for all transactions
related to the operations, maintenance and improvements
of the water and sewer utility related facilities.
4) General Fund accounts for all transactions related to the
beautification and maintenance of street and
right-of-ways, and water management structures and
right-of-ways, including cleaning and Clearing of
vegetation and flora in the lakes and streams.
This fund was financed through
collected on an acreage basis.
rate is $244.38 per acre.
special assessments
The current assessment
5) Aoencv Fund to account for receipts and disbursements of
street lighting revenues collected by the Collier County
Tax Collector and transferred to the General Fund.
6) Cacital proiect Funds to account for all transactions
related to General Fund Capital Improvements.
10.2 Upon dissolution the following fund groups will be
established and all assets and liabilities will be accounted for
and transferred to the fOllowing funds when this DiSSOlution Plan
becomes effective:
1) Water and Sewer Entercrise Fund to perform the same
function of the current Water and Sewer Fund. This Fund
shall remain a separate and distinct fund until such time
as comparable utility rates within the Collier County
Water-Sewer District and the areas previOUSly served by
the Pelican Bay Improvement District are generally on
parity with each other.
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MARCH II, 1991
2) The Pelican Bav Municipal Services Taxinq and Benefit
Unit Fund to include street lighting/beautification/_
water management/law enforcement and other general fund
activities that might be added later. Special
assessments revenues will continue to be used for the
acquisition of street lighting improvements, water
management, beautification and general management
services. At such time that the Board of Commissioners
determines that it would be advantageous to the
residents, ratepayers and landownership of Pelican Bay to
finance beautification, water management and general
management services from ad valorem taxes rather than
special assessments, the Board will effect the imposition
of ad valorem taxes in lieu of special assessments. Ad
valorem taxes will be levied to pay for special law
enforcement services, if and when such services are
initiated. Beginning in FY92 the special street lighting
assessment levied to finance outstanding indebtedness
will be terminated. The ad valorem tax for street light
maintenance and operations will continue to be levied as
in prior years.
3) Water Manaqement Debt Fund to continue to perform the
same functions of the existing Water Management Debt
Fund. Beginning in FY 1992, basic water management
services will be financed from the unincorporated General
Fund. Services over and beyond basic services will be
financed through an ad valorem tax levy by the Pelican
Bay Municipal Service Taxing and Benefit Unit beginning
in FY 1992.
10.3 Agency Funds used to account for the transfer of street
lighting funds from the Tax Collector to the District will no
longer be used. These funds will be demonstrated as revenue in
the Pelican Bay Municipal Services Taxing and Benefit Unit Fund
for street lighting, beautification, water management and law
enforcement rather than a transfer from the agency fund.
10.4 Capital Project Funds used to account for General Fund
improvement projects will no longer be used. Improvement projects
will be demonstrated directly in the Pelican Bay Municipal
Services Taxing and Benefit Unit Fund for street lighting,
beautification, water management and law enforcement as accounts
of the fund.
10.5 General Fixed Assets shall be transferred to and accounted
for in the General Fixed Assets accounts of Collier County.
10.6 General Long Term Debt shall be transferred to and accounted
for in General Long Term Debt accounts of Collier County.
II OOQPlGE 84
MARCH S, 1991
10.7 Contract Accounts generally will be accounted for directly
in the Pelican Bay Municipal Services Taxing and Benefit Unit Fund
for contract services.
10.8 The existing utility connection agreements, sometimes
referred to as guaranteed revenue agreements, entered into between
PBID and Westinghouse, guaranteeing revenue for utility
connections will remain in full force and effect.
10.9 Upon dissolution and appropriate changes in any applicable
Collier County ordinances, all applicable impact fees which prior
to dissolution were not imposed in the areas encompassed by the
Pelican Bay Improvement District shall become effective. However,
when applicable, all existing contracts dependent upon the prior
impact fee structures will be honored. Until applicable Collier
County ordinances are changed instituting a new impact fee
structure, the impact fee structure in existence prior to
dissolution shall continue in full force and effect and all impact
fees collected thereunder shall be kept in a separate account.
10.10 Upon dissolution, all water and sewer related utility rates
will remain unchanged. These utility rates will be amended from
time to time to reflect the actual cost and expense of service to
the area previously encompassed by PBID. The Collier County Board
of Commissioners will not blend, and thereby raise, the total
rates of the residents or rate payers within what was heretofore
the District relative to water, sewer or irrigation rates until
such time as comparable utility rates within the Collier County
Water-Sewer District and the areas previously served by PBID are
generally on parity with each other.
11. Procurement
11.1 Prior to succession and thereafter the District Manager was
the Procurement Officer for the District. Upon succession, PBIO
adhered to Collier County procurement policies and procedures,
except where they were superseded by provisions of the PBID
enabling legislation.
11.2 Upon dissolution, the PBID enabling legislation shall no
longer affect procurement policies and the procurement policy and
procedures employed thereafter shall be those of Collier County
government.
12. Debt Obliaations
12.1 CUrrently PBID has three outstanding long term debt
obligations as follows:
. OmlrA(.[ 85
MARCH II, 1991
;,.
1)
Series 1989 Water and Sewer General Obligation Revenue
Refunding Bonds in the amount of $8,870,000 amortized by
the revenues of the water and sewer system and insured by
MBIA. The current amount outstanding is approximately
$8,660,000.
Series 1979 Water and Sewer General Obligations Revenue
Refunding Bonds in the amount of $3,750,000 amortized by
the revenues of the system and insured by MBIA. The
current amount outstanding is apprOXimately $3,610,000.
Series 1978 Water Management Special Assessment Bonds in
the amount of $3,590,000, amortized by special
assessments levied on all property owners of the District
on an acreage basis. The current amount outstanding is
approximately $2,800,000.
12.2 Upon succession, the obligations of these debt instruments
remained unchanged, with the exception of the Collier County Board
of Commissioner'S covenant to in any and all events maintain
inviolate the legal and equitable rights, powers and interests of
each and every bondholder in any and all bond financing
proceedings authorized specifically by the enabling legislation
tor PBID.
2)
3)
12.3 Upon dissolution, the debt of PBID will become the debt of
Collier County. Due to the fact that the financial capacity of
Collier County is far superior to that of PBID an immediate
refunding of the debt does not reasonably appear to be necessary
nor contemplated by Chapter 189, Florida Statutes.
12.4 At the first opportunity Collier County will refinance any
outstanding indebtedness if significant benefits from such
actiVity appear available. At the first opportunity Collier
County will refinance the water and sewer bonds in order to
transfer the debt obligations from the general public to the
Collier County Water-Sewer District or a SUb-district thereof
which encompasses the boundaries of the pre-existing special
district.
13. ID..urance
13.1 Prior to succession and thereafter the District Manager
served as the RiSk Manager for PBID. Upon succession, the
District's insurance contracts remained unchanged.
13.2 Upon dissolution, the rights and obligations to all
insurance contracts to which PBID is a party will be assumed by
Collier County. However, the Board of County Commissioners will
at all times have the right, authority and discretion to determine
. OOQiAGE 86
MARCH II, 1991
if the rights and obligations of the contracts are to be limited
to the confines, tax and assessment base within the boundaries of
the pre-eXisting special district, or whether the rights and
obligations of the contracts will be spread over a larger portion
of the jurisdictional boundaries of Collier County.
13.3 Immediately following dissolution, all insurance contracts
to which PBID is a party will be re-examined to determine which
contracts may be eliminated, amended or consolidated with County
contracts in order to assure continuity of coverage as well as
efficiency in premiums expended vis-a-vis maintaining the same or
reduced risk exposure.
13.4 Upon diSSOlution, all risk management functions shall be
dssumed by the Risk Management Department of the Division of
Administrative Services within County government.
14. printina
14.1 Prior to succession and thereafter PBID contracted for all
printing services.
14.2 Upon dissolution, the procurement of printing services will
be accomplished through Collier County procurement policies and
procedures.
15. bU
15.1 Prior to succession and thereafter the official mailing
address of PBID was as follows:
Pelican Bay Improvement District
801 Laurel Oak Drive
Suite 510
Naples, Florida 33963
15.2 Upon dissolution, the official mailing address for matters
affecting the pre-existing special district will be as follows:
Pelican Bay Services Division
county Manager's Agency
Collier County Government
801 Laurel Oak Drive
Suite 510
Naples, Florida 33963
16. P.r8oftft.l
16.1 Upon succession and thereafter the District Manager served
as Personnel Officer for PBID and PBID employees were considered
employees of PBID and not Collier County employees. Upon
. doo PA~E 87
MARCH II, 1991
succession these employees were governed by the policies and
procedures of Collier County except where they were specifically
superseded by law or the PBID enabling legislation.
16.2 Upon dissolution, all employees of PBID shall become
employees of Collier County under the supervision and control of
County Manager. As such, these employees shall comply with all
personnel rules, regulations and procedures used and employed by
Collier County government.
16.3 Every effort will be made to provide comparable positions
for any employees of the pre-existing special district. Such a
determination will be based upon those employees existing wage
rates and available positions in Collier County government at
comparable but not lesser wage rates.
16.4 Upon dissolution all staff related personnel administrative
functions will be performed by the Collier County Human Resources
Director through Division of Administrative Services in Collier
County government.
17. Retirement Svetem
17.1 Prior to succession and thereafter PBID had a separate
simplified employer pension program with BancFlorida. All
employees were enrolled in the program after two years of
employment and were vested upon enrollment. PBID contributed 6%
of the employee's salary to that program. The Division of
Retirement has contacted the County via Final Agency Action Letter
requiring the County to hold an election at which all employees
employed before succession may opt to continue their current
retirement plan or elect to join the State Retirement Plan. Their
letter also stated that all employees employed after succession
are required by law to join the State Retirement Plan. Finally,
the Division required that the retirement benefits must be paid
retroactively to the date the Board of County Commissioners
succeeded to the Board of Supervisors. Due to the pending
litigation initiated by the former Board of Supervisors, the
County has requested an informal hearing to appeal the Division'S
final agency action.
17.2 Upon dissolution, all employees employed after dissolution
shall be required by law to join the State Retirement Plan. Those
employed prior to dissolution must be given the opportunity to
elect coverage under the state System or to remain under the
current PBID plan.
17.3 Depending upon the outcome Of the pending appeal of the
Division of Retirement's Final Agency Action Letter, retirement
benefits may need to be paid retroactively to the date of
.~-~
~
MARCH II, 1991
;.--1.
,
succession for tho.. .mploy... employed prior to the date of
Buccession choosing to enroll in the state Retirement System and
for those employed after the date of succession.
18. Data processing
i8.1 Prior to succession and thereafter the PBID employed the use
of a financial accounting software package consisting of
budgetary, general ledger, income statements, cash receipts,
accounts payable and payroll components, and a utility billing
package. This software is proprietary, developed and licensed by
Kanatron, Inc. The software application runs on a Unisys B25
hardware system owned by PBID.
18.2 Upon diSSOlution, there will not be an immediate change or
modification in the current PBID software systems. However, at
the first rea~onable opportunity the software system should be
brought on line with the County's Financial Accounting system by
modem, or otherwise, be replaced with the County's systems.
18.3 Upon Succession and thereafter PBIO employed the use of two
IBM word processors. Upon dissolution, there does not appear to
be an immediate need to change the current word processing system.
However, at the first reasonable opportunity the County's
AII-In-One System should be employed.
19. PrODertv Manaoement
19.1 Upon succession and thereafter the PBrD administrative
offices were located in approximately 1245 square feet of rental
space in the Sun Bank Building at 801 Laurel Oak Drive in Pelican
Bay. This office space was leased on a three-year lease with two
optional one-year extensions. At the time of preparation of this
Plan of Dissolution the lease was in the first one-year extension
and is scheduled to terminate on February 11, 1992.
19.2 Upon dissolution, the administrative office space will be
maintained at the current location until such time as such offices
are closed or the lease terminates.
19.3 PBID owns apprOXimately 14 acres of land in Pelican Bay on
which is located the water and sewer treatment facilities and
field maintenance barn. Additionally, PBID is the beneficiary of
numerous easement rights within the Pelican Bay area. These
rights range from water management to utilities interests.
Additionally, PBID owns approximately 1 acre north of Immokalee
Road and West of 1-75 which is being used for a wellfield tract.
19.4 PBIO does not have an inventory accounting and management
system. Vehicles and equipment are presently stored in the field
maintenance barn. Upon dissolution, there does not appear to be
. ODplAr,t 89
MARCH II, 1991
any need to establish a separate inventory management system due
to the small size of the pre-existing special district. However,
an inventory will be made at the time of dissolution and upon
dissolution all office materials will thereafter be drawn from the
County's central stores and will otherwise be procured as all
other materials are procured through the County's purchasing
.y.tem.
20. aecordina
20.1 Prior to succession, one of the members of PBID Board of
Supervisors was designated the Secretary/Clerk of the District.
The District Manager and staff generated and maintained the
r~cords of PBID. The records of PBID were maintained at the
administrative offices located in Pelican Bay.
20.2 Upon succession, the Clerk of the Circuit Court of Collier
County became the Clerk of the District and took custody of the
cash and cash related records of PBID. All official records of
the PBID are currently maintained by the Clerk of the Circuit
Court, or his designee.
20.3 Upon dissolution, the Clerk of the Circuit Court will
continue to perform the recording and retention function for all
records in the same manner as the Clerk performs that function for
Collier County government.
21. Water. Sewer and Irriaation oti1itv Services: policv
Direction.
21.1 Until November, 1991 potable water was supplied to the
Pelican Bay area via Interlocal Agreement between the City of
Naples, Collier County and PBID. The County has completed the
extension of potable water lines to serve the Pelican Bay area and
is prepared to begin providing potable water to the Pelican Bay
area, pursuant to the Interlocal Agreement, by November, 1991.
21.2 Prior to succession and thereafter, PBIO provided sewage
treatment services to the Pelican Bay area through a one MGD
treatment tacility located in Pelican Bay. The current treatment
works have long since reached capacity and this plant condition
has in the past resulted in numerous odor complaints from
surrounding property owners. Thus, the genesis for the County
Commission to act to succeed was partly borne of the need to take
decisive action to provide regional treatment facilities as well
as to avoid unnecessary building moritoria.
21.3 Upon succession and thereafter Collier County, PBID and the
prime developer at Pelican Bay have cooperated in undertaking the
interconnection of the PBID sewage treatment system with that of
the Collier County Water-Sewer District's regional facilities.
15
.~MOO
MARCH II, 1991
This has been accomplished through the extension of a sewage
transmission facility from Collier County's North County Regional
Treatment Plant. It is expected that Collier County will begin
receiving sewage in excess of the PBID plant capacity in February
or March, 1991. Upon completion of the Phase II expansion of
Collier County's North County Regional Sewage Treatment Plant, no
later than early 1995, the County will receive all of the sewage
generated within the boundaries of PBID. At such time it is
expected the existing tank structure will be converted to an
irrigation storage facility and unnecessary treatment works will
be moved from Pelican Bay.
21.4 PBID currently provides a combined fire defense and
irrigation water system. Irrigation water used therein is a blend
of sewage effluent and low quality ground water pumped from
Off-site wells. The demand for irrigation water far exceeds the
irrigation water capacity of the present PBID utility system.
Upon succession, Collier County embarked upon a program to provide
irrigation water to the areas served by PBID from sewage effluent
processed at the County's North County Regional Sewage Treatment
Plant. The extension of irrigation water transmission lines from
Collier County facilities to the areas served by PBID are under
construction and planned to be completed by June 1991. Upon
completion of these effluent transmission lines, Collier County
will supplement the irrigation water needs of the Pelican Bay
area. Upon termination of the on-site sewage treatment operation
in Pelican Bay, the County will provide all irrigation water to
Pelican Bay.
21.5 It is in the public interest that long-range planning,
management and financing and long-term maintenance, upkeep and
operation of water, sewer and irrigation within the Collier County
Water-Sewer District be uniform, efficient and economical. To
that end, Collier County plans to provide water, sewer and
irrigation services to the areas previously served by the PBID
and as soon as reasonably feasible to terminate the on-site
treatment of sewage within Pelican Bay.
21.6 If upon dissolution, the County Commission feels that it is
advisable to specifically convey all of the water, sewer and
irrigation utility assets accruing to it by law to the Collier
County Water-Sewer District, then any such transaction will be in
conformance with applicable law.
22. OeveloDment Reaulation
22.1 Prior to succession and thereafter PBID maintained its own
design and development manual. The District performed all plan
review through a combination of the District Manager and the use
of a District Engineer. The District Engineer heretofore has been
. lJOO l'A"t 91
16
..;.0:
MARCH II, 1991
the consulting engineering firm of Wilson, Miller, Barton & Peek.
The District Manager served as the District Planner. The District
Engineer reviewed all site development plans and provided
inspection services. Currently the development of basic
intrastructure in Pelican Bay is approximately 80\ complete.
Accordingly, there does not appear to be any need to modify the
design and development standards in Pelican Bay.
22.2 Upon dissolution all design development review shall be in
conformance with applicable Collier County regulations to the
extent same do not conflict with the previous design development
manual of the District. Whenever such conflict occurs County
government staff will reasonably resolve the conflict in order to
protect and further any unique design and beautification standards
of the Pelican Bay area.
22.3 Any continuing contract tor consulting services must be in
compliance with Consultants Competitive Negotiation Act, Section
287.055, Florida Statutes (1990).
22.4 The South Florida Water Management District, by agreement
has allowed the PBID to regulate its water management system.
This process differs from the procedures and relationship that the
County has with the South Florida Water Management District.
However, inasmuch as the water management system for PBID is
complete it appears that the process of water management reviews
in the Pelican Bay area now should conform to operating standards
governing interaction between Collier County and the South Florida
Water Management District elsewhere in Collier County.
23. Water Manaaement
23.1 The overall Water Management system of the District is
completed.
23.2 The Water Management system is internal to the confines of
the Pelican Bay Improvement District and will heretofore upon
dissolution be serviced by the Pelican Bay Municipal Services
Taxing and Benefit Unit.
24. street Liahtina
24.1 On August 28, 1990 the Board of County Commissioners, acting
as the commission succeeding the principal functions of the
Pelican Bay Improvement District, adopted a one-time special
assessment to pay off existing debt and to properly allocate the
financial burden ot future expansions of the street lighting
system to new development. After all residents pay this
assessment, and existing debt is retired, any future expense
relative to the installation and maintenance of new street lights
. 0001'lr.E 92
17
MARCB II, 1991
will be borne by new developments specifically benefited by the
.treet lights. This will be done through the Pelican Bay
Municipal Services Taxing and Benefit Unit.
25. Amendment or MOdification
25.1 After dissolution of the Pelican Bay Improvement District,
the County Commission may act to amend or modify this Plan of
Dissolution, in its sole discretion, whenever the County
Commission deems it advisable, prudent or necessary to carry out
the general policies, purposes or objectives of the Plan of
Di.solution or to respond to changed or unforeseen circumstances
which merit an amendment or modification of the Plan of
Di..olution.
"',
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II 000 PAGE 93'
18