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BCC Minutes 07/29/1993 B (Pelican Bay Services Division Budget)ORIGINAL COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PELICAN BAY SERVICES DIVISION BUDGET PUBLIC HEARING July 29, 1993 6:00 p.m. The Commons 6251 Pelican Bgy Boulevard Naples, Florida 33963 Reported by: Christina J. Reynoldson, RPR Deputy official Court Reporter Notary Public State of Florida at Large TELE: OFFICIAL COURT REPORTERS Carrothers Reporting Ser%ice, Inc. 20th Judicial Circuit - Collier County 3301 East Tamiami Trail Naples, Florida 33962 (.813) 732-2700 FAX: (813) 774-6022 APPEARANCES BOARD MEMBERS: Timothy Constantine - Acting Chairman John Norris - Commissioner Michael Volpe - Commissioner STAFF: Bob Byrne - Budget Office Kenneth Cuyler - County Attorney Nell Dorrill - County Manager Mike McNees - Budget office SPEAx~gs: Jim Ward - Pelican Bay Services Administrator Bernie Young - Chairman, Advisory Committee Frances Barsh Susie Dorwell Nick Ford Start Goodman Harold Johnson Lou Juracek Dr. Pat Kane Eloise Koffer Jan Krueger Arthur Lemley Lou Manbuka Tom Sprigs 'Gray Tuthill * * * * * * * .* * * * * * * * IrF-D-E-X FAGE Rescheduling of Landfill Workshop ......... 3 Agenda Item 3-A .................. 8 Agenda Item 3-B .................. 41 Public Comments .................. 83 Adjournment .... ................ 85 OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 .P R 0 C E E D I N G S CHAIRMAN CONSTANTINE: We will call the Thursday, July 29th meeting of the Board of County Commissioners to order. Mr. Dorrill, would you like to lead us in an invocatio~? (The invocation was presented, followed'by recitation of the Pledge of Allegiance.) CHAIRMAN CONSTANTINE: We're here this evening for a hearing on the Pelican Bay Services Division, and I believe we have a staff presentation to begin'with. MR. McNEES: Good evening, Commissioners. Mike McNees from your budge~ office. We've got a piece of housekeeping business we ~eed to do this evening. You may or may not be aware of a conflict that has come up with the scheduled September the 8th budget workshop. I'll give you a quick briefing and then you all can tell me what you' want to do. When we ~iscussed that last'Tuesday, you discussed moving the landfill workshop which had been scheduled for the 8th to October sometime to make room for the budget workshop. That was adopted. In the meantime, a number OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 4 of'people have called regarding the landfill workshop expressing concern about moving that, and I'll get back to that in a minute. The other pressure we have here is once the gavel came down on that decision on Wednesday, the property appraiser'notified all of the independent special districts who have only until next Wednesday to notify him of their budget workshop dates to be published in their notice, and that work has already begun. A number of them have already submitted their workshop dates based on the fact that yours is going to be the 8th. The property appraiser is expressing a great deal of consternation about any possible change to the 8th. I've spoken to a number of people from the Golden Gate area and I don't intend to say that I represent them or have spoken to all of them, but the impression I'm getting is they have two concerns, one being they're already out s~me money for flyers, and they've already done some advertising for the December (sic) the 8th date. That amount represents in the neighborhood of $50. They're also concerned about an open-ended workshop with OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 5 no commitment from you all as to specifically when. In talking to the ones that I have, they seem to be agreeable that if you all will give them Wednesday the 15th, which would be a one-week delay in their workshop, and if you'll reimburse them, and I told them if you wouldn't, we'd pass the hat in the budget office and reimburse them the $50 they're out so they can reprint their brochures, and I would go a step further and say that the county will be willing to make every effort to publicize the meeting being delayed one week. The property appraiser and his staff and his needs will still be met. We can have the budget meeting the 8th and the 22nd as adopted and hopefully the most people will be satisfied. It. doesn't look like there's any way to satisfy everyone. That would be my suggestion, and you all tell me whether you want to proceed that way. CHAIRMAN CONSTANTINE: Before we go on, for those of you standing out there, there is some standing room over here (indicating). You might be able to. hear better. If you want to come in, ~ou're welcome to. If you want to stay put, you're welcome to as well. It might be easier over here (indicating) on the left. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES,.FL 33962 COMMISSIONER VOLPE: here too. COMMISSIONER NORRIS: There's also a seat up front Front row seat also. MR. McNEES: Last statement on that would be I spoke to Commissioner Matthews this afternoon and her preference, she asked me to express, would be to move the budget workshop to Tuesday the 7th. In checking that date, I find the school board has already scheduled theirs for that date and we can't be on top of them and they get first choice. So we're sort of in a box here, and I would recommend what I have. CHAIRMAN CONSTANTINE: The majority of the people you've spoken to have been comfortable with the 15th? MR. McNEES: And I've spoken directly to a couple and here to a couple. COMMISSIONER NORRIS: Fine with me. I'll throw in my ten bucks. COMMISSIONER VOLPE: Well, I'm opposed to using public funds ~o reimburse this group for the advertising. CHAIRMAN CONSTANTINE: We're talking about private funds, not public funds. MR. McNEES: There's a whole bunch of folks in the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 7 property appraiser's office willing to chip in a few dollars as well because this makes a big difference to them. COMMISSIONER VOLPE: COMMISSIONER NORRIS: funds. MR. McNEES: CHAIRMAN CONSTANTINE: that item? COMMISSIONER VOLPE: Sure. As long as it's not public We'll be happy to work that out. Is there any discussion on So we will have our first budget hearing on September 8th at 5:05 and we'll have a workshop on the landfill on September 15th at what time? 'MR. McNEES: Essentially delay that a w~ek. COMMISSIONER VOLPE: I wanted to find out what time. MR. McNEES: It was tentatively scheduled for 6:00. I guess it 'would stay 6:00. COMMISSIONER VOLP~: Mr. Chairman, I'll-make a motion that we schedule the landf~ll workshop for September 15th at 6:00 p.m. at the Board of County Commissioners chambers on the East Trail. COMMISSIONER NORRIS: And I second. '" OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 CHAIRMAN CONSTANTINE: There's a motiOn and a second. Any further discussion? (No response.) CHAIRMAN CONSTANTINE: favor say aye. (A. chorus of "Ayes.") CHAIRMAN CONSTANTINE: Seeing none, all those in Motion carries unanimously. MR. McNEES: Thank you. I'll pass the meeting over to Bob Byrne, the analyst for Pelican Bay. CHAIRMAN CONSTANTINE: Thank you, Mr. McNees. MR. McNEES: Thank you. MR. BYRNE: Commissioners, I'm going to .give you a brief overview of the Pelican Bay budget. It's in the middle of your package there, beginning with the fund summary for Fund 109. COMMISSIONER VOLPE: There's some extra .copies here for anyone who would like to look at what we're looking at. EXOUSe me. MR. BYRNE: Total appropriations in this fund are increasing 3.3 percent, and this fund is the Pelican Bay operations which are supported by the non-ad valorem assessments which we'll be discussing later on in this OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 9 meeting. There are two major types of expenditures in this fund, water management and right-of-way and median beautification. The detail for right-of-way Operations is the following page and included there are several expanded Services, first of which is adding an annual flower planting program for $18,700, also doing beach cleaning program for $22,700 and then additional landscape maintenance in Pelican Bay Commons and several parking lots for approximately $32,000. Included in those are purchase of additional capital equipment and the necessary operating expenses. .The following page is the detail for the water management, and the most Significant item here is that next year there will be a replacement of a four-wheel drive dump pickup truck and there'll be additional purchases of aeration fountains. .Overall, this department's up 5.5 peroent. The nex~ page, unfortunately these aren't numberedl but this is Fund 778, which is the Pelican Bay Street Lighting Fund. This fund is supported by ad valorem taxes. This is actually showing -- this fund is actually OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 lO showing a one percent decrease. Overall, the tentative millage rates here the commission set on Tuesday is .1015 mills of which corresponds to a 2.2 percent increase over the roll back rate. I believe that's all I really need to mention on that one. And then the following page is Fund 650. This is the Pelican Bay Agency Fund. This accounts for the Pelican Bay water management bonds were issued -- the 1979 bonds, and this pays for the annual debt service on those bonds. These bonds are supported by non-ad valorem assessments. Are there any questions on that? '(No response.) MR. BYRNE: That's the extent of my presentation. CHAIRMAN CONSTANTINE: Any questions for staff? COMMISSIONER VOLPE: Maybe for Mr. Ward. The Street lighting program, has the installation of all the street light~ been completed? MR. WARD: We've recently c~mpleted the' installation of that whole system this year. COMMISSIONER VOLPE: On the beach raking, has that b~en done in the past or is that a new service that's OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL -33962 ll being provided? MR. WARD: That's a new service that residents within the community have requested us to.do this year. COMMISSIONER VOLPE: The capital outlay as a new tractor, that's a specialized piece of equipment that's required for the beach raking? MR. WARD: Yeah. Essentially I think the program is to rake the beach in front of the Pelican Bay community, most specifically out here in front of the Foundation Commons area and then further to the north and in front of the existing -- the new Commons area and down towards the Bay Colony area on a periodic basis during the season and then on' probably a monthly basis in the summer months. COMMISSIONER VOLPE: Is that above the mean high water line or is that actually on the public beach? MR. WARD: On the public beach itself. It sort of was an outcome of both Hurricane Andrew and the storm that we had this past year. We had a significant amount of debris on the beach in front of Pelican Bay and we didn't have any way to clean it up, and we're not in the business of doing any beach raking. OFFICIAL COURT .REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 Both the Foundation manager and advisory board had indicated that there is some desire within the community to increase the level of service of beach raking during the season clearly, so it is in the budget this year. COMMISSIONER VOLPE: I know at Tigertail we had a significant challenge in obtaining the necessary permits in order to rake the beach at Tigertail. Has your office or has our staff contemplated some type of committee may be required in order to do this? MR. WARD: Yes. We had some preliminary discussions with the Department of Natural Resources on getting the permits necessary to do the beach raking. The permits have essentially been prepared and they will be in front of the Board in the next few weeks for signature. Permitting is an up-in-the air thing. I haven't been told by DNR that there will be any significant problems with permitting. Their big concern obviously is during turtle ~eason, but not durShg season. COMMISSIONER.NORRIS: What arrangements have you made for turtle protection during the turtle nesting season? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 13 MR. WARD: Essentially we probably will not do very much beach raking at all during turtle nesting season. To the extent that we do it, the local officials that represent looking after -- the turtle nesting person, I guess, I'm not sure who they are, will come down and mark out all of those areas and we will not be able to rake where we see turtle marks. CHAIRMAN CONSTANTINE: COMMISSIONER VOLPE: CHAIRMAN CONSTANTINE: or tm Any questions? I have nothing further. Do we have a sign-up tonight COMMISSIONER VOLPE: Registered speakers? MR. DORRILL: There will be an opportunity to entertain public comment. It may not be necessary to come to the podium, if they'll just rise, since we have a recorder here. CHAIRMAN CONSTANTINE: We don't have a formal sign-up sheet or registration sheet tonight, but anyone who wants to speak or has questions are certa~hly welcome to, and just a quick show of hands of people who'would be interested in speaking. One, two, three. All right. Why don't we start OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 14 here (indicating) and identify yourself. MR. LEMLEY: Mr. Chairman, my name is Arthur Lemley. I reside at 7104 Barrington Circle, Unit 101, here in Pelican Bay. My first question would be, are our comments at this time directed only to those issues that were Just discussed or to all the issues before the commission? CHAIRMAN CONSTANTINE: Tonight we're dealing strictly with the Pelican Bay budget. MR. LEMLEY: Strictly Pelican Bay budget. As to the issue of beach raking, did I interpret what was said to mean the entire beach will be raked or only that area in front of the Commons and in 'front of Bay Colony? MR. WARD: I think the intent is to begin raking essentially at Clam Pass and head north to the Bay Colony area, but in season I think it's primarily cohcentrated around where the residential community will be, knowing that you go out to the beach on the tram pass here and the north tram pass, our major concentrations will be in that area and will go up to the Bay Colony area, also because there's some concentrations of residents in that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 area. And then sort of the in-between area where there's. very little residents we won't concentrate as heavily in those locations. MR. LEMLEY: What you've said is the beach raking 'will be been restricted to certain areas and will only be performed at certain times. MR. WARD: During season, yes. I think the intent is to sort of rake the beach on a weekly basis, primarily in the areas that I identified to you. If it needs it more in the other areas, the intent will be to try and expand it to do those areas also. Then in summer as the level of the community goes down and it doesn't need to be done as frequently~ we'll decrease that frequency level as appropriate. MR. LEMLEY: So much for that issue. What I'd really like to address is the primary issue I feel. is before the~commission this evening, and I'd like to open that discussion by saying I wish to, for'the 'record, object to the timing of the meeting in that I feel it has been timed in a manner that makes it very difficult for the greater majority of the Pelican Bay residents to be p~esent and to participate in this meeting and therefore OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 ma~e it impossible for the commission to hear the opinion of the majority of the residents here. CHAIRMAN CONSTANTINE: I understand that frustration. Unfortunately our fiscal year runs from October 1 to October 1. And this is by no means purposefuily done to inconvenience anyone, but in order to do the budget in a timely fashion and still keep our fiscal year. This is where the public hearings fall. MR. LEMLEY: I think my most important question then would be, Mr. Chairman, and probably directed towards the County Attorney, do you at this time have a legal opinion as to the validity of the action that you're proposing taking because it would seem that what is being invited here is a cork shell which could be both time-consuming and costly and I'd like to know what the County Attorney's opinion is as to the footing on which you stand in proceeding on a non-ad valorem basis. MR. CUYLER: His question is, for the chairman's information, ~eally is addressing. Item B on your agenda. The answer, I'll tell you, is yes -- you're talking about the switch in the methodology or -- ', MR. LEMLEY: Both the switch in the methodology and OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 17 the legality of the proposed adopted methodology. It would seem, as I read this, it says, We're going to do what we want to do. If you don't like it, you've got 20 days to challenge it. I'm not sure where we stand. I see no citation in here that cites any authority to proceed, and I just wondered if -- MR. CUYLER: What you may want to do is go ahead and take B and discuss it a little bit and let Mr. Ward explain what has happened and what is going on and I'll be happy to address your question. COMMISSIONER VOLPE: Could I suggest, Mr. Chairman, that if there are any other comments about the budget itself, perhaps we could entertain the public comment on particular aspects of the.budget, and then certainly we're interested in soliciting a hearing, public input, on the second part of our agenda. I suggest if there any others that wish to address some of the expenditures or line items in the proposed budget -- MR. JOHNSON: I'm glad to b~ here. I appreciate the Commissioners and taking their time this evening. I can only voice my -- CHAIRMAN CONSTANTINE: If you would identify OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 18 yourself for the record. MR. JOHNSON: Harold Johnson, GlenCove. Sorry. When I received Mr. Ward's letter, I checked it and of course I got all excited because we're going to see a tax increase of 148 percent. I wrote to this Board and asked them to give me the budget for the last few years and the projected 1994 budget and they responded immediately. I went and visited Mr. Ward. We had a nice meeting. I'm quite familiar now with what he's working on with the street lighting and right-of-way and'water management and also he has additional items in additional parking which are expenses he hadn't had up until now, so I guess I have to stop'right there. I have some comments on the second part of what you're going to do, but as far as the budget is concerned, I feel it's very reasonable and I think Mr. Ward has been on %op of it. CHAIRMAN CONSTANTINE: Thank. you, Mr. JOhnson. Mr. Young. MR. YOUNG: For the record, my name is Bernie Young and I'm chairman of the Pelican Bay Municipal Services OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 19 a~d Taxing Unit and I want to thank the Commissioners for their appearance tonight and apologize to the group. We've had these meetings before and a dozen people have shown up and this is the first time we've really gotten a great response, so I promise you we will have better facilities for this meeting next year. Whether or not our new community center that the Foundations may build will be done by that time, I'm not sure. But if it isn't, we'll try to rent some space in a hotel or someplace because I can see we've outgrown our current meeting hall. I hope you'll bear with us tonight. We Just had no idea that we would have this kind of response, but we're pleased with it and we doh't want to discourage you from coming again. We're sorry about the time, and I think they explained why that has to be. It's simply the.budget restriction. We do have meetings monthly and.they're open to the r~sidents of Pelican Bay. We invite anyone to. attend. They're open meetings. Everything we do is in the sunshine, so we hope the continued interest will take place. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 2O The main item that I would like to bring before the commission this evening, when you review the minutes that our organization has, as you know they've already exceeded 600 typewritten pages, so you know we've been working hard since we created our municipal taxing district. For those people who may not be aware, we had 15 members appointed to this board that meet on a monthly basis appointed by the commission. Some of those are replaced each year so if you have an interest in government you do have an opportunity to send your name in to be considered for appointment to our advisory board. Sorry about the little speech there, but I see a lot of new faces here and I think it's helpful for them to have a better understanding of the operation. In those minutes I'm sure that you'll probably agree that our first priority has been our concern on these water m~nagement bonds. They've just been a thorn in our saddle here and it presents a lot of confusion to~ our residents on why they're being assessed for bonds that normally when you come into a new development you OFFICIAL COURT REPORTERS, coLLIER COUNTY, NAPLES, FL 33962 21 thi~k all those things have been provided by the developer. That's not the case in Pelican Bay. The water management system in Pelican Bay, the berms, all the lakes and everything, were done through a bond issue and these bonds are to be repaid by the current an~ future residents of Pelican Bay. Those bonds were done at a time when the interest rates were in the eight percent area. Currently three and a half percent is probably a good price for municipal bonds. They also require a lot of administration costs. So our board is very anxious to find a way of refunding them. And fortunately the Commission did cooperate with us this.past year. We did have additional funds in reserve that by l~w we were permitted to use for the prior refunding of the bonds and so we did partially refund this bond issue last year. And we're working diligently to continue this program so that they are refunded at least over the next two years or three years, but tonight I'm going to propose to you a program to have them totally refunded by the end of the year. This would require that you authorize staff to transfer approximately $1,200,000 from a water and sewer OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 22 fund, which I believe is still kept separately, at least accounting-wise, that represents the $8,000,000 that we had when our system was taken over by the county. So the million two that I'm asking you to consider tonight, at least I see it as our money. The'fact that it hasn't been used prior, I'm not saying that it hadn't been properly used because it's a matter of interpretation; that money, if it's not used for this purpose, will be used to increase th~ water and sewer capacity that's going to be required by Pelican Bay as we continue to grow. So I'm not -- I don't mean to try to accuse anybody that the money hasn't been properly used, this is strictly a matter of Judgment of how it's to be allocated. So our first priority is to try and get rid of that because our people noticed there was a separate billing on the preliminary statements that they were all sent for this bond retirement. The other reason is it's very unfair to som~ of our people because it had to be done on an acreage basis. .At the time when they started to develop Pelican Bay, there was nothing here but lakes, so to. guarantee these bonds they guaranteed they would be OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 23 paid off by the people that owned the land. Well, for the first few years it was fine, Westinghouse owned most of the land and they were paying the bonds, but now we own most of the land and that means that a person that has a home on a single or half acre lot probably got a bill for over $300. This is substantial, I think, and sort of unfair simply because they happen to own some acreage in Pelican Bay. So the two things we can accomplish is we can save a lot of money by refunding these bonds and we can certainly be more fair to our residents in Pelican Bay by refunding. .COMMISSIONER VOLPE: You're not talking about refunding them, you're taIking about paying them off. MR. YOUNG: Right, paying them off. If my information is correct, one of the top priorities for the county water and sewer department would be from a cost effectiveness issue. They would like to merge %ounty rates with Peiican Bay rates so that we don't have two systems. No argument that from an administrative standpoint that that certainly would save some money on a county-wide basis. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 24 It does present a,little bit of a problem because it would result in a net increase in water and sewer rates in Pelican Bay. However, if you consider that the irrigation rates would decrease and that we would not have this $400,000 bond payment for the water management system, t~ose two items ~ould offset the increase in rates for water and sewer. Now, I'm talking broad figures here that have to be explored and researched, but in round figures I think that can happen. So what the final result would be is a win/win situation. It would certainly be a better situation for residents in Pelican Bay, at least in my opinion, at least'in most of the residents -- there'll be exceptions to any type of a tax system that you might propose. It certainly would be a win situation for the residents of Collier County because it'll generate additional revenues for the water'and sewer department rather than what we're giving some investors Tight now for these bonds which are probably outside the county. I don't know who owns the bonds, but it irritates me to have to make this $400,000 payment to these people every year. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 25 SO what I'd like to propose then this evening as p~rt of the adoption of our current budget is an addendum that would establish a Joint committee of county staff and our staff to try to reach a win/win situation to bring back to the county commissioners prior to December /st, because our bond payment is January 1st. So if they can bring something back to you by December 1st that looked like everybody's winning, the residents at Pelican Bay, the residents of the county entirely, it could be approved by you and the bonds will be paid off. That's really a very broad sketch and I'm sure there's specific questions that you have and I hope that I can possibly answer them tonight. John? COMMISSIONER NORRIS: My specific question is I'm not familiar with the fund that you were referring to to withdraw the funds to pay the bonds. MR. BYRNE: That would be the Pelican Bay Water & Sewer Fund, F~nd ~50. now. COMMISSIONER NORRIS: It's under, the utilities division Do you have any idea how much is. in that fund at this point? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 MR. BYRNE: I believe approximately eight million, but that's off the top of my head. fund? COMMISSIONER NORRIS: MR. BYRNE: What is the purpose of that For water and sewer within Pelican Bay. COMMISSIONER NORRIS: Improvements, capital? MR. BYRNE: Operations and capital. COMMISSIONER VOLPE: I guess I'm the only one sitting here this evening who has a sense of history what transpired during the period of time when PBID was merged into the Collier County Water & Sewer District, and I didn't mean to interrupt, but -- 'COMMISSIONER NORRIS: That's fine. I'm trying to -- I'm not familiar with that fund and I was trying to get a feeling -- COMMISSIONER VOLPE: There probably would be several legal issues that would have to be pursued. Specifically one that comes to my mind would be whether those funds that are available, i~ the water and sewer fund could appropriately be used to retire bonds that were issued for a storm water management system. And that would be something that the legal staff -- OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 MR. YOUNG: Our preliminary research says yes, it would be possible. COMMISSIONER VOLPE: But that's a legal issue that's going to have to be addressed, and some preliminary work's been done. The other question that comes to my mind, Mr. Young, is my recollection is there's a part of the resolutions and ordinances that implemented the merger of the PBID to the county system. There were provisions that said that the rates within the Pelican Bay community would not be increased until such time as those rates were at a parity with the rates in all of the other areas of the county. That probably i~ not going to happen, as I understand it, for some period of time. Your rates within Pelican Bay are lower than other areas of the unincorporated area of the county., is that correct, somebody? Mr. Ward, is that correct, the rates are lower, water and sewer rates? MR. WARD: Yes, that is correct. COMMISSIONER VOLPE: So under this scenario, it's \ OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES,.FL 33962 28 OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 going to mean that your residents are going to be paying more in water and sewer than they're paying now. I'm wondering whether that would then be a breach of any of the provisions in the agreement that we said that we would not increase those rates until such time as the rates'within the community were at a parity with the rates in the other parts of the unincorporated area of the county. MR. YOUNG: I can only respond that this was a serious consideration that we had reviewed for some time. When I say "we," our 15-man commission, and we recognize that that parity has not been reached technically. .I just want to restate what you said. The parity' did not say our rates can"t be increased. The rates said you will not absorb our cost into your county rate system Until parity. You may find, as we run in the old Pelican Bay Improvement District, we probably would have had to increase rate~ at some point along the line. So, you know, we anticipate that you're going to increase our rates. But if what you're saying is true, you wouldn't increase them to the extent parity would be reached in 29 the near future. COMMISSIONER VOLPE: Right. Yeah, that's my point, probably before five years -- MR. YOUNG: As far as the residents of Pelican Bay are concerned, they're going to save almost that and maybe more in the lower irrigation rates as long as you keep your irrigation rates where they currently are and the fact that we're not having to pay off the 400,000 to the water management bonds. COMMISSIONER VOLPE: From my initial first -- this is the first time I've actually heard the presentation from a fairness issue as it relates to your property owners. It seems to me that it is inequitable to some extent and perhaps unfair that you've got some people wh6 are paying a greater portion of the debt service for a water management system. It seems that by putting it into a rate system that it's going to distribute the benefit and the r'esponsibilities more equitably. MR. YOUNG: That's what we're really after. There's no tax that we like and none that's fair, but we're just trying to come up with a fairer system. COMMISSIONER VOLPE: You keep saying $400,000. Is OFFICIAL COURT REPORTERS, coLLIER COUNTY, NAPLES, FL 33962 the debt service -- it's $604,0007 MR. YOUNG: That's because, you know, we work in the sunshine and we can't plan strategy or anything. If you refuse us, we've got surplus in there to -- COMMISSIONER VOLPE: Retire some part -- MR..YOUNG: Another part, and we'll keep doing that ~ntil we get these bonds paid off. If, for example, you allow the one million two transfer, then that.money that we have in the current budget -- I'm glad you raised that point because I'm not asking you to do anything not in the current budget. We're prepared to go forward irregardless of which way you decide on this issue. So, you know, I'm not making it a part of the budget. I'm just saying now is the time to consider this issue aside. If you allow us to make this transfer, that would then give us funds to replace, you know, our reserve funds because our next priority probably here in Pelican Bay, once we get this bond issue, will be to have some kind of a contingency fund because'we have millions of dollars worth of planning in Pelican Bay. If we get a couple more storms like we had this past year, you know, we had'to come up with cash to put all those palm trees OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 31 ba~k and things. COMMISSIONER VOLPE: Does this proposal come with the, as a result of meeting of our advisory grou9 and with the recommendation that you've made to the Board that we establish this joint committee? MR. YOUNG: Yes. of our 15-member board. COMMISSIONER VOLPE: I'm simply conveying the wishes So it's been discussed and voted upon and approved by the majority of the board? CHAIRMAN CONSTANTINE: I have a question for Mr. Byrne or Mr. Cuyler or Mr. Bloetscher. Is there an obvious fatal flaw to this or -- it would seem it's worth investigating unless there's something -- MR. DORRILL~ I don'~ think we're opposed to investigating it at all. I'd like to see something a little more actuarially based. And not only, you know, did we assume the.assets of the district, we assumed liabilities, and I want to make sure that legglly and through our bond counsel that he doesn't have a problem with commingling of funds. It is a little peculiar to take water and sewer excess revenues and use them to retire drainage bonds. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 3:2 But frankly, that at some point could be a policy issue fo~ the Commission and one of equity as Mr. Volpe has indicated so long as legally and from a fiduciary standpoint that there's no problem. COMMISSIONER VOLPE: Actuarially as well I think in terms of I assume that Mr. Young and his committee -- I mean, they've reviewed the economics of this arrangement for the benefit of the unit owners or for the property owners and that to unbalance it would be a benefit to the majority of the property owners in the community? MR. YOUNG: Unbalanced, whenever you shift anything, some people will be paying a little less and some people paying a little more, but on balance we're convinced that no one get~ hurt by it and it does average things out in Pelican Bay where we all -- it's a corny expression, but we all pay our fair share. MR. MANBUKA: Excuse me. Can I ask a question? MR. YOUNG: Yes, sir. MR. MAN~UKA: Is this on a per capita b~sis? Are you saying -- okay; with this per capita, essentially, is that what~ you're saying? -, In other words, we go from acreage to per capita? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 33 CHAIRMAN CONSTANTINE: Sir, just for the record, can I get you to state your name? MR. MANBUKA: My name is Lou Manbuka. CHAIRMAN CONSTANTINE: Thanks. MR. YOUNG: The only increase that we have left now,~ assessment, is to retire those bonds. Okay. We're talking about -- In the future we won't use acreage to MR. MANBUKA: MR. YOUNG: do anything. MR. MANBUKA: Are we talking about the first part of the amounts, that $20 or so, Or are we talking about the hundred some dollars in the second part? Maybe I misunderstand you. item. MR. YOUNG: The first item would be the acreage That would be a limiting. MR. MANBUKA: Okay. This thing -- this acreage has to do with that part or the second part? First ~art. I'm sorry. I'apologize. MR. YOUNG: MR. MANBUKA: CHAIRMAN CONSTANTINE: Anything else, Mr. Young? MR. YOUNG: That's all I have, unless there's some other questions. I hope the group knows that this study OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 34 committee will get much better details than I've been able to give today. I Just want to get the issue before everybody because I think it's worthwhile. CHAIRMAN CONSTANTINE: Mr. Johnson? MR. JOHNSON: I understand from my discussions here with Mr. Ward that the debt service we see in'the 1993 tax 'bill will appear in our 1994 sewers. Why are we fooling around with this? It'll be gone in a year anyway. MR. YOUNG: Well, the way we budgeted it, we're hoping to take care of the two years. MR. JOHNSON: That's already set now. MR. YOUNG: It's set now if we do nothing. If they pursue the program we're after, we'll be able'to take that money that we've allocated for this year or for '94 and put it in a reserve and there'll be no assessment in '94/95. MR. JOHNSON: Where's this money coming 'from? I thought the '94 is from reserves that you set aside. MR. DORRILL:. I think he's indicating that he will go ahead and make the '94 payment based on the m~thodology that has historically been provided for but OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 351, then we would attempt to retire the bonds one year early ..' and eliminate the final year's assessment acreage assessment and use those excess water and sewer revenues. CHAIRMAN CONSTANTINE: Did anyone else want to address the budget, any of the budget issues? COM~ISSIONER VOLPE: Mr. Chairman, may I ask a question Just since this is one of the first opportunities we've had to assemble as a group since last year? I just wanted to ask Mr. Ward or maybe Mr. Young, was last year the year that you brought the right-of-way operations in-house? MR. WARD: Yes. COMMISSIONER VOLPE:' Has that proven to be successful generally? We were looking not only from a budgetary perspective because we thought that it might· be cost efficient to do that? MR. WARD: MR. YOUNG: I'll let Mr. Young answer that question. I have to drive, up and down the boulevards and get.out and pick up papers occasionally, but not quite as often as I used to. Overall we are very pleased, very pleased, with the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 36 success of our operation. Had we not had our own in-house staff during the two storms last fall, we could have never managed under our current budget if we had to hire all the work that they did, all the overtime that they did, from outside firms. We have a long ways to go, however, so I don't to leave the impression that we're where we eventually want to be. We think we can improve the level of service even more. We ran into some problems this year and we got some advice from some qualified people that told us to cut back the pentas and unfortunately that was not good advice because it killed every one of them, so now we've had to pull all the pentas out and you see ba~e spots where we usually had beautiful flowers. COMMISSIONER VOLPE: Generally you're satisfied with the service? MR. YOUNG: Yeah. COMMISSIONER VOLPE: The budget shows a 24 percent increase, though, in that budget,.~hich means you're going to be paying.significantly more next year for the same service. ., MR. WARD: That is due primarily to the additions OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 of the new landscape areas coming into this community, essentially this site, the Foundation site, and there's a parking lot called the Sandpiper Parking Lot north of here which we'll take over. COMMISSIONER VOLPE: So you're adding right-of-way, then is what you're saying, that's the reason for the increase? MR. WARD: MR. YOUNG: There's another eight acre park. And finally, the people probably aren't aware of this, but over the years Westinghouse has picked up considerable costs. For example, all the flower planting and things like that were done at Westinghouse"s expense and all of these things gradually we're having to take them over. They're preparing us for the day where we're going to be, you know, totally on our own. So that{s a lot of our budget .expense are expenses that Westinghouse used to pay that they no longer.will be paying. CHAIRMAN CONSTANTINE: Bob?.' MR. BYRNE: Mr. Chairman, to answer Commissioner Norris' question he had previously on Fund 450, the total prpposed budget for fiscal year '94 for that fund is OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 9 a~proximately 8.5 million dollars. Within there would be .5~8 million dollars of reserves. Of that 5.8 million dollars of reserves, 1.3 you couldn't use for anything because that's a debt service reserve. So in essence it would be 4.5 million dollars in reserves available. COMMISSIONER NORRIS: Thar~k you. CHAIRMAN CONSTANTINE: If there's nothing else on Item A on the agenda, that'll conclude our presentation on the budget. Let's go to Item B. Mr. Cuyler, you have some words on this? MR. CUYLER: I think Mr. Ward probably needs to give a comprehensive background on what this item is and then we can discuss the a~swer to his question. COMMISSIONER VOLPE: Do we need to take any .action as it relates to the budget at this time, or is this a matter that will be taken up at our first budget hearing in September? MR. DOR~ILL: We'll presume, there's consensus to adopt the budget at the first hearing unless instructed otherwise. CHAIRMAN CONSTANTINE: Mr. Young, did you want any OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 39 formality as far as pursuing the committee or with staff or -~ MR. YOUNG: Yes, we'd recommend that Mr. Ward represent us in Working with whoever staff members would be appropriate. MR. DORRILL: You may want to give us a motion and a second for the analysis of the reserves. COMMISSIONER NORRIS: I'll make that motion to have Mr. Ward and his staff work with our staff to help with proposing a response. CHAIRMAN CONSTANTINE: A second? COMMISSIONER VOLPE: Actually it's paying off the bonds 6ne year early. COMMISSIONER NORRIS: Retiring the bonds. COMMISSIONER VOLPE: Yes. And I'll second the motion with the understanding that they would -- a study group Would conclude its analysis and report back to the Board not later than our first 'week of meeting in December. CHAIRMAN CONSTANTINE: There's a motion and a second. see a familiar hand in the audience. Mrs. Barsh? - OFFICIAL COURT REPORTERS, coLLIER COUNTY, NAPLES, FL 33962 4O MRS. BARSH: Frances Barsh, 5601 Turtle Bay Drive. I think that this is an idea to consider; however, I do feel that the people from the Pelican Bay group or the representation should keep the people of Pelican Bay thoroughly informed while this process is going on so that the ~eople not be surprised with some complicated consequences that may occur and not be able to do anything about it. I think during the whole process it's very important to keep every.single person informed, not only the 15 that are sitting on this board, but all of the people. That's most important in this instance. · COMMISSIONER VOLPE: Mr. Young, you have a newsletter that you send 6ut to all of the residents of Pelican Bay? MR. YOUNG:. We would use a system similar to what we tried to. use in changing the methodology this year from parcel acreage to the unit where we had the series of maetings plus several publications, and people seem to appreciate that. So your point is well taken, and I think the same procedure could be used for this. ', CHAIRMAN CONSTANTINE: Any other discussion? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 41 (No response.) CHAIRMAN CONSTANTINE: Seeing none, there's been a motion and a second. Ail those in favor say aye. (A chorus of "Ayes.") CHAIRMAN CONSTANTINE: Motion carries unanimously. Mr. Ward. MR. WARD: Thank you. This part of the agenda deals with the change in methodology for the operation and maintenance of the Pelican Bay assessment plus the debt service for the prior Pelican Bay Improvement District bonds. In the way of some background and history, the prior.Pelican Bay Improvement District, which was a separate and independent ~pecial taxing district, has assessed the Pelican Bay community since 1979, 1980, for the operation and maintenance essentially of the water management system, the right-of-way system that is within the Pelican Bay community. That analysis or that assessment program was based upon an acreage based assessment, and that means that we took our total budget, divided it by the number of acres that are within this community and everyone paid their OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 42 prorated share based upon the number of acres and tracts of acres that you owned. As Bernie mentioned earlier, that system works extremely well when you have a community that essentially has no residential units in it. The primary and only payer bac~ in 1979 and 1980 and for many years now was Westinghouse Communities of Naples, the primary developer of this community. As time goes on, though, we realize that that system becomes more and more inequitable in trying to charge for the way in Which the operation and the maintenance of this community is paid for. And that is due primarily to the f~ct that the more densely a parcel of land is, the lower your per unit assessment is. We see assessments in this community based upon the way it had been done in the prior years ranging anywhere from $30 to'around $300 per unit per year. Obviously for the very very dense higH-rises, unfortunately.the tax bill was around $30. That's not necessarily the fairest and the best way to do it as this community'begins to grow out. ' During the past year, the advisory committee that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 43 was appointed by the Board of County Commissioners spent a significant amount of time in reviewing a number of alternative methods for assessing this community for the operation and maintenance and of the services that Pelican Bay Services Division provides to you.. What we came up with was a methodology based on the number of units that are within the community. It's very similar to the way that you pay for your assessment in the Foundation. Each of you pay roughly $150'.or $'200 per year for living in Pelican Bay to the private Pelican Bay of Naples Foundation. We believe that the type of services we provide, and remember there are landscaping services and there are some street sweeping services and there's water management services, which is the maintenance of all of the lake areas and the berms of Pelican Bay, residents within this. community primarily benefit equally from those operating and maintenance services. As a result of that analysis~ the advisory committee is recommending to the Board of County Commissioners this evening that it adopt a methodology that uses equivalent residential units, the number of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 44 units within Pelican Bay, to base the assessments for next year for the operations and maintenance portion of this community. That means each of you will pay essentially the same amount of money, $145.92 per unit, for the services that the Pelican Bay division will be providing to this community. In sum and Substance, that's it. I want to make it clear that we have always done and charged for these services based on a non-ad valorem assessment. Pelican Bay community has never paid for these services on an ad valorem basis; that is, based upon the value of your home. It's always been on an assessment based methodology. All we are essentially talking about tonight is changing that methodology from an acreage based method to a per unit base method, the same way you pay for your foundation services, to more equitably distribute the cost of the operations a.nd maintenance of this system to all of you eqlfally and based on th~ fact that you primarily all benefit equally from the services that we provide to you. , The second part of the assessment that you see on OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 45 your tax bill again has always been there. It's the debt service that Bernie Just talked to you about on the prior Pelican Bay Improvement District bonds. That is being levied on an acreage basis. There's nothing that this Board could do about the way that is assessed. That is set and was set by court decree in 1979 for the prior Pelican Bay Improvement District, and I don't believe there's much leeway that this Board has in changing that methodology. So that will need to stay there until these bonds get paid off. The advisory committee did not proceed to redeem these bonds in the two-year period as it has proposed under.this operating budget. Those bonds will essentially stay out there, I believe, another 15 years. And you would see that debt on your assess -- on your tax bills each year. So the proposal that Bernie.has put forth before the Board tonight obviously gets rid of that debt. Our budget anticipates getting rid of. it in the next two years. After that'time frame all you would be assessed for is the operations and maintenance of the services that we are providing, and that is approximately $145 per OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 46 unit per year for each of you. further com]nents. · CHAIRMAN CONSTANTINE: this item? If you'd identify yourself. MR. SPRIGS: Bay resident. With that I have no Thank you. My name is Tom Sprigs. Questions on I'm a Pelican I would like to know the basic difference to The Waterside Shops, the Ritz-Carlton Hotel and the Registry Resort as a result of this change. MR. WARD: The hotels, I believe, saw very little change in their per unit assessments. The Waterside Shops -- most of the commercial areas saw a slight increase in their assessments. MR. SPRIGS: Okay. MR. MANBUKA: What does that mean? MR. wARD: That means based upon what they paid last year versus the proposed number for this-year it's relatively the same number. MR. MANBUKA: Excuse me, my name's Lou Manbuka. Are they paid on a per unit basis? MR. WARD: Yes, sir. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962' 47 MR. MANBUKA: Per group? MR. WARD: Per unit. The hotels have been converted to a unit count, not based on acreage. Two hotels got 274 units in them each. The commercial property.has also been converted to a number of units that are benefiting from the operations and maintenance of our improvements. So essentially they're paying the same dollars or a little bit more, actually, than they were paying the prior year. MR. YOUNG: That's a good point that maybe is worthy of mentioning because I've been asked well how can you raise more money with this assessment under the taxing district than ypu raise in the Foundation? Because remember our Foundation payments are $200 and our payment now with the taxing district is $145. Well, the reason is we don't assess in the Foundation the commercial areas of Pelican Bay nearly as hard.as we assess them under the taxing district. So we. end up with more units under the taxing district than we get under the Foundation. The' reason for that is the commercial people don't use our private facilities. You know, they're not OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 48 allowed to comedown to our beach and use our trams and so forth. So that's a point that -- it's a little hard to get clear, but'once you get it clear -- you've got two avenues of revenue in Pelican Bay. For our private Foundation, we have a Foundation assessment of $200. For our municipal taxing district we have 145. They both raise about the same amount of money, but we hit the commercial people harder under the taxing district and that's why our individual assessment is less. CHAIRMAN CONSTANTINE: COMMISSIONER VOLPE: Commissioner Volpe? Mr. Ward, this change in methodology, this is embodied in the resolution that's been presented to the Board? MR. WARD: .It has. COMMISSIONER VOLPE: This proposal here, does this replace the'current assessment roll and establish a new final'assessment roll for the prop~rties within. Pelican' Bay community? MR. WARD: I think each year you go through and establish an assessment roll for the Pelican Bay community based upon whatever methodology you'.re going to oFFICIAL COURT ~EPORTERS, COLLIER COUNTY, NAPLES, FL .33962 utilize. This resolution essentially codifies and confirms the preliminary assessment roll as the final assessment roll for Pelican Bay and levies that assessment on the property. COMMISSIONER VOLPE: So next year if we decided that we wanted to go back to the acreage basis, we could go back to an acreage basis? MR. WARD: Yes, sir. CHAIRMAN CONSTANTINE: Other questions? Mr. Johnson. MR. JOHNSON: Harold Johnson, Glencove. I think what you're asking the Board to do here is change an arrangement that they've had for ten years. And I think if we talk about being fair, we h~ve in this room maybe 100 to 200 people. On the assessable units, we have not five, not six, but 7,968 people that are assessed and this (indicating) is. just a very minute part of the people that live in Pelican Bay. We have people in Glencove that live in Germany ~nd Canada. They're not here. This gentleman (indicating) made the point that we have about 60 percent of our people not here. I understand your problem as far as the taxes and I see no OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 50 p~oblem in approving the tax. I'm going to recommend you contact everyone that's involved with this, and I'm talking about a mail-in ballot, outline the whole thing and also the two years that you will pay off the bonds, which is not expl.ained too good. I think that would be fair and not just a simple majority that makes your decision for you. I see no reason to delay your budget. You have a lot of other people to talk to. I feel that there's 7,968 property owners and just a fraction are represented here. MR. WARD: Let me go over with the Board what we did this past year in .order to try and address-the concerns of Mr. Johnson. The advisory committee beginning I believe in October or November of last year essentially began the analysis process of this change in assessment methodology. I wrote a letter for the Pelican Bay of. Naples Foundation communique which we seht to all .of the residents in April of 1993 advising them of the proposed change in' methodology and inviting them all to essentially a public hearing for the advisory committee OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 12 in April of 19 -- April 7th, 1993 to answer any questions: and address any concerns that they may have. That meeting was well attended. In addition to that, I made the rounds and spoke at both the Foundation's annual meeting and had a meeting also with all of the presidents of the condominium associations within Pelican Bay to advise them what was going on, what the change meant, how it affected them and answer and address any questions or concerns ~hat they had. I think when we got to the final April 7th meeting of the advisory committee we had a lot of good discussion with .respect to this change and a lot of good discussion of what the alternatives Were. Clearly in my mind I think the consensus of that meeting was that the proposed method that you have before you tonight is the chosen way, so. to speak, in. which to proceed to assess this community for the operations and maintenance g6ing into next year.. I believe most residents that were in attendance of that meeting believe that that's the way we should proceed. ., Additionally, I believe the advisory committee that OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 52 you have set up. for'Pelican Bay has unanimously agreed that this is the proposed method in which they're recommending to the Commission that they proceed with adopting this evening. I don't disagree with Mr. Johnson. I mean, clearly I'd like to have all of the community's input as best we can. I clearly think that we did absolutely the best that we Could during season, which I think was Mr.' Lemley's concern, last year to make this community aware of this proposed change and how it affected them and to get their input on what they wanted to do going into next year. .CHAIRMAN CONSTANTINE: I guess in response to that, by a showing of hands how many people were aware other than since this meeting of the proposed change? (Hands were raised.) CHAIRMAN CONSTANTINE: reasonably well. question, ma'am? MS. DORWELL:' Susie Dorwell, Pelican Bay resident. My question is I think we all went along with this equitable $150, 145 as it turned out. What surprises So the word was spread I'm trying to get a feel for -- another OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 53 everyone is the debt service. That wasn't expected, and that was not mentioned at all of these presentations that you gave. I think that's why we have such a big attendance here and people are chitchatting about it. MR. WARD: Clearly I think my focus was on the change in.methodology for the operations and maintenance. I'll be the first to tell you that we had no desire to discuss the debt service issue. That is something that's always been on their assessment bills for many years and there was Just nothing we could do about that methodology. COMMISSIONER VOLPE: Excuse me. So I understand, does that question relate to the water management? MR. WARD: I think her question is when the notices went out there were two parts to it, one showing the $145 and the other part says here's your. assessment for debt service on the prior PBID bonds. During my public ~earing process, so to speak, during the season, we didn't focus'on the debt 'service on those prior PBID bonds, essentially because there was nothing to be done about them. It's been there for 10 or 12, years now and will continue to be there for a number OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 54 of'years. We focussed on the change in methodology for th~ operations and maintenance of these facilities, primarily because that's all we were doing in terms of changing things. CHAIRMAN CONSTANTINE: MR.'FORD: Nick Ford, Sir. 531 Serendipity. I attended that April 7th meeting, I believe it was, and there were fewer people then than there are now. I think we're able to say it was a well attended meeting of the ownership. UNIDENTIFIED SPEAKER: When we had it at the church there was four times that many people in the meeting as there are right here. The place was ja~ed. CHAIRMAN CONSTANTINE: to -- Ail right. We'll start MR. FORD: I would afford Mr. Johnson's suggestion here that when you're making a basic change you should get the vote of the membership. a committee. ' that. It shouldn't be done by COMMISSIONER'VOLPE: I think I need to respond to Mr. Cuyler, are these types of matters when it comes to a change in assessment methodology subject to a OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 55 permissive referendum? MR. CUYLER: No, they are not. This is a decision that the Board of. County Commissioners has to make. And to answer your earlier question, often the Board will have some alternatives with regard to an assessment. As long as it is a reasonable, rational allocation of the cost to those persons benefited, then it's legally defensible. A lot of times the number crunching may be under discussion, but with' regard to the basis for the assessment, yes, this appears to be. And not only that, but the Board of County Co~issioners has an obligation to make sure that if a. change is needed or necessary, and I'm not saying that it is or is not a subject of discussion tonight, but if the Board finds that there's a change in the community that makes another method more equitable, then they're under somewhat of an obligation to determine if that is'the case. CHAIRMAN CONSTANTINE: Sir.' MR. LEMLEY: I would again ask for the citation -- CHAIRMAN CONSTANTINE: If you would again state -- " MR. LEMLEY: My name.is Arthur Lemley. I reside at OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 Barrington Club. I would again ask for the citation upon which you base your opinion. That not being the major issue, I would like to clear up a couple things I feel have been at best poorly represented. The statement that the communique was sent to all residents is not a fact. The communique is only sent to those residents who come to this office and pay a charge to have the communique sent to them. In other cases the communique is distributed by I don't know who 'to sometimes I don't know where. Since I reside in a condominium I can tell you that the majority of the time I do not see the communique. When I called the office and inquired about it, they said if I wanted it delivered by mail I'd have to come out here and sign up and pay to do it. So it is not delivered to each and every resident of the community as to what I'm to~d. Secondarily, the meetings that were held with the associations, because of the status of construction in Pelican Bay, would mean that a significant number of thOse meetings were held With the developers since they OFFICIAL COURT 'REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 :757- -~ ~i L. - are at this point the association. Now, if those meetings were held with the developer, certainly a number of us were never told by our developers that any meeting of any significance was being held with anybody regarding this issue. I don't know if you met with our developer or not, but I know you didn't meet with our owners. For those reasons I would say that Mr. Johnson's suggestion that a poll be taken of all residents of Pelican Bay would be the equitable way to reach a decision. I'm not saying that this is a referendum since that's prohibited, but certainly an opinion of the owners could.be garnered very. easily and let everyone have the opportunity to participate. COMMISSIONER VOLPE: Part of the purpose of the public hearing this evening is, presumably all of you received some type of notification of the public hearing, is for the Board to solicit Just this type of.input and to hear not only the types of comments that we've heard so far but for us to hear specifically where there is some inequity. For example, the question that this gentleman was asking as to whether commercial properties OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 were being treated differently than residential properties. Are there some specific concerns that you have concerning the methodology, because we go through this on a regular basis. We were just through this with the Naples Production Park where we had property owners who were saying the methodology as it impacts upon me is inequitable and it's not fair. MR. LEMLEY: What I would question initially would be at whose behest was any suggestion made to change the methodology? I don't understand that. Would I say that we all receive equal value of the services? I could not agree with that. I think that the theory of equivalent residential units is grossly unfair to the vast majority of the property owners who are in Pelican Bay. The distribution of the beautification programs and services in my estimation is not equitable amongst the residents. Certainl~ a condominium that'has 200 feet of frontage on Gulf Drive is not enjoying the same level of say eye appeal that a significant number of the private residences on very heavily landscaped boulevards are; nor OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 §9 do we as a matter'of course make it a habit to drive through the community and say, Gee, I want to see some beautiful landscaping, I'll come through this area. The services may be available to all of us, the beautification programs certainly are there, but to say that they are equal to me would be the equivalent of saying why don't we just take the required revenues needed to be raised from Pelican Bay and assess our taxes on an equivalent residential unit since we all share equally in the benefits of Pelican Bay? I don't think they go hand in hand. The benefit is there. Is it equitable? No. · COMMISSIONER VOLpE= So is it your position that condominium unit owners d~ not receive th6 same benefit as do single-family residences? MR. LEMLEY: That would be my position.. UNIDENTIFIED SPEAKER: Exactly. COMMISSIONER VOLPE: Mr. Ward, can you Address the question as to the benefit? MR. WARD: sure. I think when you look'at the -- I think when you look at the services that were provided, la'ndscaping services of this community and the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 maintenance of the water management system, the location of any specific unit within this community is not necessarily the primary determining factor in determining Whether or not you benefit from the services that we provide. · This community benefits wholly from all of the services that are provided to you. There's not a lot of question about that. Because Mr. Lemley lives on the east side of this project down on 41 and I have another resident who may live over in Glencove who is the same kind of unit, a condominium unit, whether Glenview or one of the St. Simone or St. Nicole, he's telling you that just because you live on the east side of this project that he doesn't benefit the same way because he's a multi-family unit because he lives somewhere on the west side. I don't necessarily ascribe to that fact. Clearly I think the major, arterial roads.in this community, Pelican Bay ~oulevard, Gulf Park Drive, Crayton Road, West Boulevard, Glenview Court, et cetera, they're all traversed by this community fairly equally. There's not a significant number of changes between who g~es .where and when and what. We all come to the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 61 Fo~ndation. weall,go aroUnd this community. I'll agree with him to the extent that some of those units on the east side may not necessarily come within the constraints or confines of this community as much as someone who lives in Glenview or Glencove, but you benefit from all of the facilities that we provide to yOU. Your property values are essentially increased because of the services that we provide. If any of the services were not provided here, you would essentially see some sort of a decrease in all of the values that are here within this community. Ail we're trying to do is equitably determine whg should pay for it. I don't ascribe to ~he argument that just because you're a condominium owner and you live on the east side of Pelican Bay that you should pay a lesser rate than if you live on the west side of Pelican Bay. If the condominium benefits less, then it has to be all condominiums benefit less. COMMISSIONER VOLPE: Mr. Ward, let me ask you a question on that question of the condominium units. All condominium unit owners will be paying the same wherever OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 they are in PeliCan Bay? same. MR. WARD: Ail unit owners would be paying the COMMISSIONER VOLPE: unit owners as well? MR. WARD: Correct. COMMISSIONER NORRIS: Single family and condominium The same argument applies to the street lighting. For example, a condominium complex may have one street light out in front of it, but still all units -- it's all part of the general neighborhood. It's all part of Pelican Bay and you use it. MR. LEMLEY: ad valorem basis? MR. WARD: iS. Isn't the street lighting done on an Yes, sir, it is. In this community it COMMISSIONER NORRIS: It doesn't have to be. It Just happens in this case that it'is. MR. wARD: Let me tell you Mr. Lempky -~ MR. LEMLEY: It's Lemley. MR. WARD: Sorry. The ad valorem issue was looked at by the advisory committee at length. And I think you have to.recognize 62 ,: OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 63 in. the Pelican Bay community we are still not totally built out within this community. So there's still some value in this community or ad valorem value in this community that's going to increase over time. What we found when we looked at that is if we switched this assessment essentially to an ad.valorem based tax going into next year, you're going to move who pays that tax off the undeveloped property and onto the developed property because there's no value on undeveloped land in Pelican Bay. So clearly what the advisory board looked at was finding out when we're going to be fully developed out here, and then we think it probably would be appropriate to switch to an ad valorem based tax for all residents in this community just like we do street lights. But I don't think you all want to do that this year. That won't benefit you for the next few years until we complete the north end of this project, and most specifically oomplete some of the Bay Colony p~ojects. CHAIRMAN CONSTANTINE: Gentleman in the back. MR. GOODMAN: I'd like to address myself to two points. OFFICIAL COURT REPORTERS, COLLiER COUNTY, NAPLES, FL 33962 64 CHAIRMAN CONSTANTINE: as well? MR. GOODMAN: Pelican Bay, USA. Could you identify yourself Stan Goodman, Ridgewood Drive, The first one I'd like to address is on the point of no notice. I really don't know where everybody's been, but I've been to the meetings that have been announced for the last seven or eight months; the meetings of the advisory group, the meetings at the church, the meetings all over. There's been adequate -- as a matter of fact, sometimes the notices are coming so often that you just get tired of looking at them. ut those notices of those meetings explain exactly what will be spoken about,' what will be talked about, have been sent to all of us. I have not been living in a vacuum. My neighbor'tells me he gets them all. Which meeting should I go to? So I want to say there has been a lot of notice. If peopre .didn't pay attention to it, that may be a problem of theirs,'but I know I've been receiving these notices. And you know I've been coming to these advisory g=oup meetings from time to time and I'm not on the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 65 adwisory group. Two, I would Just like to say one thing about the benefits we're talking about, the B issue, this taxation or what we'll have to pay. I note that the beautification of Pelican Bay serves us all. 'Every entrance serves us all. Every boulevard that we drive on that has trees and medians that are beautified serves us all. There are many people on many streets in Pelican Bay who live in single-family units. They don't have a single bush provided by the -- I don't know if we'd call it the PBID anymore, but whatever it is, the Pelican Bay district. MR. WARD: The service district. MR. GOODMAN: So I know along Ridgewood there isn't a single tree being provided by this service. I know in front of many of the condominiums there are large areas of beautification strips, and that. serves'the'whole community. I think this is -- we just can't divide every service provided by government absolutely equally. As long as we get someplace close to a midline, someplace OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 66 close to an equity that serves us all -- and I was to the meeting when these 15 people, 13 men and 2 women, thrashed it out. They went through everything that was heard here. They wrung their hands and they said this is the best we can do. And I, as an outsider, not a member of the board, I feel this is a fair and equitable plan. Thank you. (Applause) CHAIRMAN CONSTANTINE: Yes. DR. KANE: My name is Pat Kane. I'm also a Pelican Bay resident. It's exciting for me to listen to the various peopl~ talk and what they're really concerned about is not the way to divide up the $145.90 but it's the concern about the debt service that we're all stuck with, okay? All of us bought into Pelican Bay at a time when we thought we Were buying some neat property and built houses or buy a new condominium or whatever else. We thought the price we paid was unequivocably a premium compared to Golden Gate or East Naples or anywhere else. We paid a premium price. We thought we were buying s~ething for it. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 67 What turns out is Westinghouse was able in 1977 through the PUDs, this document right here (indicating), to create a taxing district which you three gentlemen and the two that are not here are representing us, all of us, and not East Naples and not Golden Gate, but you're representing me, on the board of that taxing district, okay? That taxing district now is to make decisions whether we pay off the debt and how we divide the dollars that are going to be spent on the continuation of that, and Westinghouse House was able to get away with doing that. They created this taxing district. They charged a bond .issue to pay it off in the future by the landowners and the unit owners and everybody else. And that's all well and good if we can either by this board or by the county board, which you both represent, hold Westinghouse to its responsibility they created in the PUD;. And there's several things that came through in the PUD that Westinghouse attempts to not live up to. And I would just like, if you don't mind, a show of hands of the members here who are presently a member of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 68 th~ golf course. (Hands were raised) DR. KANE: That's great. Westinghouse had a responsibility as part of the PUD to create land for the county, and we've got land for a parking lot next to the Ritz-Carlton. We've got land for Clam Pass Park. Are you all aware of that? They're also supposed to build a 15-acre or 20-acre county park which we fought over last year and it's supposed to be built but it hasn't quite happened yet; the public library, et cetera. They were also supposed to provide land for neighborhood parks. They claimed this area was supposedly restricted for use as a neighborhood park and in some other areas. They were also supposed to provide for the school board sites, a middle school site and an elementary school site. The middle school site has been b~ught off by Westinghouse with the school board and they bought off 40 acres on 951 where a new school is being built, 20 acres of which is a swamp and unbuildable. The other piece of property we got for that is off OFFICIAL COURT ~EPORTERS, COLLIER COUNTY, NAPLES, FL 33962 69 the Livingston Road extension which is a 20-acre site, elementary school site, and to this date not useable. The other piece of property which is fiext to your 15-acre community park is presently under litigation because Westinghouse does not want to turn that over to the school board. They don't believe that the school board 'will ever build an elementary school there and therefore they want a -- what's the word? A reversal clause. MR. ROCKWELL: You go ahead and finish because I'll tell you the other side. DR. KANE: At any rate, that's under litigation right now and is not being supported by the county. The school board is debating or fighting this issue. In fact, when I have to pay off the debt for the sewer, the water, the sprinkler system and the medians that I thought I paid for when I spent $140,000 for a lot. You know, I.could have bought a lot of lots in East Naples, Marco Island and Golden Gate for $140,000.. I thought I was getting something. I'm getting an opportunity to pay off somebody else's debt. And so when I look at the positive and the ne~atives, I want to see some of that positive come OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 7O through and it Just isn't happening. Westinghouse is not being compelled to give us the things that theY negotiated back in 1977 when they created the PUD. And for anyone here who isn't aware of this, the PUD is a great document. It's a wonderful piece of paper that says'this is how we're going to divide up three square miles of pristine property among the state, the county, the neighborhoods and the people that want to buy there, and Westinghouse. Westinghouse wanted to make money and they have every right to make money. We're ending up fighting over it. And I think the $145 is not important, but the debt service is. I don't see the county board coming through and making sure that Westinghouse lives up to their portion of the.agreement' for which they're responsible. Those of you who are aware of the Oakmont Park, it's considered a nine acre park.. Seven and a half acres · of that is a lake. Now,. I have never been able to enjoy the bottom of % lake in Pelican Ba~ and I don't think I ever will be, but that's how we appropriate the land and it's just not right. ~ COMMISSIONER VOLPE: Just to comment, Dr. Kane, if OFFICIAL COURTREPORTERS, COLLIER COUNTY, NAPLES, FL 33962 71' you're finished, and that has to do with our responsibility vis-a-vis the school board. I do not and will not profess to speak for the school board as it relates to the litigation that is ongoing between Westinghouse Community of Naples and the school board. The school board -- I'm sure that you've taken that message, and if you haven't I would suggest that you take the message to the school board, but for us to take -- for me to take a position, I'm not sure how my colleagues feel, but for me to take a position with respect to the negotiations between the school board and Westinghouse Community of Naples, I think, would be inappropriate. DR. KANE: To that extent, tonight are you representing, you know, Second District and Fifth District and Third or are you representing all the people that live in Pelican Bay? COMMISSIONER VOLPE: Not only today but every other day that I sit as a member of the Board of county Commissioners I represent the community. DR. KANE: Pelican Bay Community or Pelican -- COMMISSIONER VOLPE: I represent Pelican Bay as well as Collier County. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES,'FL '33962 72 DR. KANE: CHAIRMAN CONSTANTINE: Collier County. DR. KANE: How about our other friends? We all represent all of So you don't represent us when you're sitting here tonight deciding how -- CHAIRMAN CONSTANTINE: Pelican Bay. DR. KANE: MR. MANBUKA: Certainly we represent Okay. We're part of the county.. CHAIRMAN CONSTANTINE: DR. KANE: That's it. .CHAIRMAN CONSTANTINE: Anything else? Thank you. Anyone else have questions, comments? Anyone that has not spoken? Go ahead. MR. MANBUKA: Ail I would like to say is I think what we had before was one extreme and what we're going to now is the'other extreme. There's been a history in this country to pay -- to get services paid by a property tax and now we're changing the whole ball game. CHAIRMAN CONSTANTINE: Further comment? MR. LEMLEY: Arthur Lemley. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, 'FL 33962 ! 73 I would again say that I think the issue before us really is not the sum of the $200. I don't think there's anybody in here that isn't willing and capable and.ready to pay this money whatever way is determined. I think what this meeting has pointed out is that there are either serious misunderstandings or total lack of understanding as to what's being done and why it's being done. There is no pressing urgency for the Commission to at this meeting, at this time, make a change in how this is being done. The monies will be there as they're needed no matter what system is used for the duration of this hearing and the period in question as the finances. 'Accordingly, I would say that perhaps the best thing the Commission could do is simply let things stand as they are for the time being until some further investigation can be done. I wodld personally agree.with Mr. Johnson, let's poll the people here and get an opinion of all.of the people and see what they say and let that direct.the Commission. CHAIRMAN CONSTANTINE: Mr. Norris. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 ~? COMMISSIONER NORRIS: Isn't that exactly what will happen, though, if we try to change the system, only it won't happen this next fiscal year, this next taxing year, in any case, will it? MR. WARD: November. COMMISSIONER NORRIS: late date? MR. WARD: adopt that roll. Yes, it's on the bills that come out in We still have time at this That's what you're doing tonight if you It'll be on the November bills. CHAIRMAN CONSTANTINE: Mr. Johnson. MR. JOHNSON: I think it's presumptuous,' Mr. Ward, for you to assume that'the advisory board represents 7,968 owners in Pelican Bay. There's 15 people on the board. There's over 7,900 people that you haven't contacted. A bunch of them. That's why I recommend a mail-in ballot. I think that's.a fairer way t~ do it. MR. JURACEK: L6u Juracek. I live on Ridgewood Drive. I disagree with Mr. Johnson and this gehtleman (indicating) because this discussion iljustrates how few people are interested in their government. Let's put OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 white where it is and black where it is. Too many people live a happy life and care less about government until some little issue comes along. And some person like Mr. Johnson's trying to represent everybody who doesn't care. That's my concern. (Applause.) MR. JURACEK= They don't come to the meetings and everybody sits on their little bottom at home sitting watching television or something. That's our problem in this world today. MR. JOHNSON: You might get 7,900 people at your meetings. 'MR. JURACEK= That would be a wonderful thing. I'd like to see 7,000 people there. CHAIRMAN CONSTANTINE: This gentleman right here. MR. TUTHILL: My name is Gray Tuthill. I live in Pelican Bay'Woods~ The gentleman fro~ Laurel Oaks, is that.~ight? MR. LEMLEY: No, it's not. half, MR. TUTHILL: Barrington Club. Excuse me, sir. I believe you've only been here a year, year and a is that a fair statement? OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 76 MR. LEMLEY: Is my opinion worth less? MR. TUTHILL: No, I'm saying have you lived here a year, year and a half? MR. LEMLEY: About that. MR. °TUTHILL: I'm Just saying I've been here since 1986 and I'm in a single-family home. I have been paying my share, very frankly, plus some. I very frankly don't agree with his (indicating) comment. I think it should be more equitable. I did attend these meetings. I do understand the concept. And I understand that yes, it is going to cost the condominium owners a little bit more money, but very frankly, I've been paying ~hat much more for a number of years. Why shouldn't they start paying their fair share? And very frankly, let's move on with this. And Mr. Johnson, there's not 7900 units yet. That's what will be. So you can't r.each that many people yet. That's at buil~-out. MR. JOHNSON:- That's the assessable units. MR. TUTHILL: That's at build-out. · MR. YOUNG: That's assessable units. That's the point we need to clear up. OFFICIAL COURT 'REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 77 MR. WARD: Assessable units, the 7900 that we're using in this program, represent all possible units that can be constructed within this community. We have a density on a parcel that's not been developed, so there's a significant number of units in there that that undeveloped parcel will pay for, but there are no condominiums or anything on that parcel at this particular time. CHAIRMAN CONSTANTINE: Ma'am? MS. KRUEGER: I'm Jan Krueger. I'm from the Barrington as well. I do feel that we really should have gotten some sort of notification b~fore this letter had been sent because we've lived here since October and this is the. only correspondence we have received or notification that there was previous meetings. So I do feel that the neWpeople coming into the area should be. told by the developer or the b6ilder or whomever, but should be reached. CHAIRMAN CONSTANTINE: Mrs. Barsh. MRS. BARSH: I take exception with the words of the gentleman at the end of this row. I am interested in *'OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 government, as you well know. meetings every Tuesday. COMMISSIONER VOLPE: the last several months, Mrs. Barsh. Every Tuesday I am here. MRS. BARSH: the -- COMMISSIONER VOLPE: I am at the commission Now we haven't seen you for I am at I'm Just trying to add a little levity to our meeting. MRS. BARSH: I had a daughter that was married up north and I had to go to my daughter's wedding. COMMISSIONER NORRIS: We will accept that. CHAIRMAN CONSTANTINE: Family over government, okay. 78 MRS. BARSH: I have not seen you at any 'one of hundreds of meetings that I ever attended. CHAIRMAN CONSTANTINE: If we can keep the discussion to the issue and not towards each o~her's personalities.. MRS. BARSH: However, what I am driving at 'is that I have not received any notification of meetings, and you all know that I would be at the meetings if I had notification, the advisory board or of any others. OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL '33962 79 So I feel that Mr. Johnson is making a good point. People are not' informed. The communications are not out there, and this should be recognized. (Applause) CHAIRMAN CONSTANTINE: Mr. Norris. COMMISSIONER NORRIS: Let's assume that we say that perhaps there has been some lack of notification possibly in the past and that we recognize that and Mr. Ward I saw making notes to maybe take corrective action for the future, so maybe we could move on to other issues. UNIDENTIFIED SPEAKER: Good idea. CHAIRMAN CONSTANTINE: Is there anything new that anyone wants to add to. this particular item before we move on? Matam. MS. KOFFER: I'm Eloise Koffer, Barrington Club. I'd like to.know the history of special assessments. Is there a' special assessment every year? MR. WARD: Yes, there has b~en a special assessment within this community for operations and maintenance of this system and debt service from prior PBID bonds since 1980. OFFICIAL COURT REPORTERS, .COLLIER COUNTY, NAPLES, FL 33962 8O MS. KOFFER: Okay.' Why is the current ad valorem assessments we have, they don't relate to Pelican Bay? I don't know to whom it is addressed. COMMISSIONER VOLPE: Are you talking about non-ad Yalorem assessments? MS. KOFFER: Right, on the property tax bill. COMMISSIONER VOLPE: Non-ad valorem assessments? MR. WARD: As far as Pelican Bay Services Division is concerned, we have one non-ad valorem assessment that's on your tax bill each year. It's essentially in the amount that's sent out to you in the notification that you've got. I'm not aware of any additional non-ad valorem assessments that are on the tax bills'for Pelican' Bay. COMMISSIONER VOLPE: separately, isn't it? MR. DORRILL: MS. KOFF. ER: Solid waste probably is billed That is not non-ad valorem. It says waste, roads, Water 'and sewer. MR. WARD: Again' the numbers that were prdvided t° you in the notification that you received from my office, that's on your tax bill each year. And the number that's on the bill has always been on your tax bill. That's the OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 81 only one I'm aware of. MR. ROCKWELL: It's shown as water and sewer because it's not in that form. Down below it's under non-ad valorem and on the right-hand side it says water and sewer and it's really water management. MS.'KOFFER: This is in addition? MR. WARD: No, it is the same assessment that's been on your bill since 1980. MS. KOFFER: Okay. Thank you. CHAIRMAN CONSTANTINE: Commissioner Norris? COM~ISSIONER NORRIS: If there's no other -- I Just wanted to follow up one little bit. I think Dr. Kane's -- I'm not sure he understood what Mr. Constantine and I said. Let me just further clarify. We are elected by people in our districts and nowhere else. That's 'since' 1980. And we represent the entire county. We represent everyone. Tonight we're here representing no one but the people in Pelikan Bay Improvement. District, so we are here to represent you and the folks in this room and everyone else who is out in Pelican Bay. DR. KANE: That was the point. I wasn't trying to OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962~ 82 be confrontational at all. You're here for me. COMMISSIONER NORRIS: I thought I saw, you know, a look of maybe that I had not expressed myself correctly the first time. CHAIRMAN CONSTANTINE:. If there's nothing else, this is a public hearing. MR. DORRILL: You do need to take a motion. CHAIRMAN CONSTANTINE: hearing closed. COMMISSIONER VOLPE: We will consider the public Mr. Chairman, based upon the recommendations that we've received from our staff and the input that we received this evening at this public hearing, I'll make the .recommendation that we adopt the resolution approving the preliminary assessment roll as the final assessment roll for the Pelican Bay Municipal Service Taxing District as presented this evening. COMMISSIONER NORRIS: CHAI~ CONSTANTINE: I second that. I have a motion and a second. (No response.) CHAIRMAN CONSTANTINE: fa%or of the motion say aye. Any further discussion? Seeing none, all those in OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 83 OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL .33962 (A chorus of "Ayes.") CHAIRMAN CONSTANTINE: All those opposed? (No response.) CHAIRMAN CONSTANTINE: Motion carries unanimously. We do have a section here -- that will eh4 the advertised public hearings. We have a section here for public comments if anyone chooses, otherwise we are adjourned. MR. ROCKWELL: Gus Rockwell, a Pelican Bay resident. I have been appointed by the Board as a .member of another advisory group for the beach renourishment and I've Worked with that and just to -- the beach renourishment committee continues to work towards providing Collier County with better beaches and better pass maintenance as the monthly meetings take place. We are very'concerned about how it's all 'coming. Good work is being done through the efforts of the staff and the county plus some of the city people. .And.'this advisory board, I hope in the near future, hopefully within two years, are going to be able to start putting sand on our beaches and start working with the passes. 84 T~ere are areas that are critical. I was put on this probably because I was from Pelican Bay and probably because of the fact that the revenue from this comes from all of the hotels as room tax and that obviously is a percentage. The Registry and the Ritz-Carlton provide a substantial portion of that. Pelican Bay will probably not receive a whole lot of new sand coming from these -- the beach renourishment. The reason for that, as it now stands, and the reason for that is that our beaches are probably as good as any within Collier County. There are some areas where at high tide because people are allowed to build sea walls their, beaches are almost non-existent, and we need to work on that. I will mention to the Commission the thing that the Pelican Bay residents are very interested in obviously is that once this tax is in place and more renour!shment comes in and if we do have a problem we would expect we would be trea~ed as the rest of the county, but we are as much concerned with our pass. Clam Pass is an integral part of the estuary system throughout Pelican Bay. , At one point it was closed for a long period of OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962 85 time. There was significant -- there could have been significant damage to that estuary. We were able to work with some permits and get that opened up and we hope to That be able to do that type of thing in the future. really is what I wanted to say. Thank you. CHAIRMAN CONSTANTINE: Thank you very much. On that note, we're adjourned. (Proceedings concluded at 7:30 p.m.) OFFICIAL COURT REPORTERS, COLLIER COUNTY, NAPLES, FL 33962