Agenda 06/14/2016 Item #16C 1 6/14/2016 16.C.1 .
EXECUTIVE SUMMARY
Recommendation to authorize refunds to property owners of forty eight (48) properties located in
Middlebrook Townhouses in Ave Maria and recover the funds from the franchised contractor
pertaining to the annual Solid Waste Collection and Disposal Services Special Assessment for the
collection,disposal,and administration of municipal solid waste,Ordinance No.2005-54.
OBJECTIVE: Authorize refunds to property owners of forty eight (48) properties located in
Middlebrook Townhouses in Ave Maria pertaining to the annual Solid Waste Collection and
Disposal Services Special Assessment for the collection, disposal, and administration of
municipal solid waste, Ordinance No. 2005-54, as amended. Service provided is residential non-
curbside and not residential curbside.
CONSIDERATIONS: Ordinance No. 2005-54, as amended,reestablished two Municipal Service
Benefit Units in the unincorporated area of Collier County for the purpose of providing and
regulating solid waste collection, disposal, and administration within the benefit units.
Middlebrook Townhouses in Ave Maria consists of 48 residential units and is located within
Municipal Service Benefit Unit, Service District II. Progressive Waste Solutions of FL, Inc. is
currently the Collier County solid waste and recycling collection franchised contractor in Service
District II. At issuance of the Certificate of Occupancy (CO's issued between October 2007
and January 2008), the units were identified as residential curbside, and a pro-rated portion of the
annual assessment was paid at that time. Recently, the county was informed a commercial
contract for residential non-curbside service (i.e. dumpster) was entered into in November, 2009
between Choice Environmental Services of Collier, Inc. (subsequently by acquisition becoming
Progressive Waste Solutions of FL, Inc.) and Middlebrook Townhouses of Ave Maria.
The 48 residential units located at Middlebrook Townhouses were assessed an annual (fiscal
year) service charge for residential curbside collection, disposal, and administration of municipal
solid waste from issuance of the CO through FY 2016,which equates to 8 years plus the prorated
amount collected at CO.
These 48 units have paid on the non-ad valorem portion of the tax bill for curbside residential
collection and disposal of Solid Waste and have also paid through their home owner's
association for residential dumpster service, resulting in duplicate payments for solid waste
services. The County Attorney has opined to refund four(4) assessment years per Florida Statute
to the respective property owners. Of the 48 residential units 31 units are owned by Ave Maria
University Inc.throughout the years. The 17 other residential units have been owned by multiple
owners. Refunds will be processed to whoever paid the assessment for the most current four (4)
assessment years (FY2013 —FY2016).
Progressive Waste Solutions of FL, Inc. will be charged for the amount of monies that were paid
for residential curbside service. The County Attorney has opined to collect five (5) assessment
years per Florida Statute charged to Progressive Waste Solutions of FL. Adjustments will be
made to future payments to Progressive Waste Solutions of FL, Inc. to offset the overpayments
in accordance with the Franchise Agreement.
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6/14/2016 16.C.1 .
FISCAL IMPACT: The Solid Waste Mandatory Collection Fund (473) revenues will decrease
by $32,556.48 as a result of the refunds. Progressive Waste Solutions Inc. will be charged
$22,319.52 paid to the hauler by the Solid Waste Mandatory Fund, for residential curbside
collection services thereby reducing the Solid Waste Mandatory Collection Fund(473) operating
expenses. The net Fiscal Year 2016 impact is $10,236.96.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The 48
homeowners were billed by Collier County for curbside collection they did not receive, as they
used a dumpster, which they paid a private contractor to service. They are entitled to a refund,
however, refunds of assessments are limited to a four year statute of limitations. The private
contractor was paid by the County for the curbside service that was not provided. The private
contractor was under contract with the County. The County is entitled to a refund of these
payments, however, refunds pursuant to a contract are limited to a five year statute of limitations.
The County will obtain its refund by offsetting this amount against what is otherwise owed to the
private contractor, which process is expressly authorized under the parties' agreement. With that
said,this item is approved as to form and legality and requires majority vote for approval. -JAK.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
the item.
RECOMMENDATION: That the Board of County Commissioners authorize 1) a refund to
property owners for 48 properties located in Middlebrook Townhouses in Ave Maria and; 2)
recovery of funds paid to the franchised contractor for residential curbside collection services,
and to direct the County Manager or his designee to take all actions necessary to implement the
refunds.
Prepared By: Teresa A. Riesen, Revenue Manager, Financial Operations Support
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6/14/2016 16.C.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.1.
Item Summary: Recommendation to authorize refunds to property owners of forty eight
(48) properties located in Middlebrook Townhouses in Ave Maria and recover the funds from
the franchised contractor pertaining to the annual Solid Waste Collection and Disposal Services
Special Assessment for the collection, disposal, and administration of municipal solid waste,
Ordinance No. 2005-54.
Meeting Date: 6/14/2016
Prepared By
Name: HendricksonLisa
Title: Operations Coordinator,Utilities Finance Operations
4/29/2016 9:50:20 AM
Submitted by
Title: Manager-Revenue,Utilities Finance Operations
Name: RiesenTeresa
4/29/2016 9:50:21 AM
Approved By
Name: RiesenTeresa
Title:Manager-Revenue,Utilities Finance Operations
Date: 4/29/2016 11:17:00 AM
Name: HapkeMargie
Title:Recycling Coordinator, Solid&Hazardous Waste Management
Date: 4/29/2016 11:29:37 AM
Name: Joseph Bellone
Title:Division Director-Operations Support,Utilities Finance Operations
Date:4/29/2016 2:49:57 PM
Name: RodriguezDan
Title:Division Director-Solid Waste,Solid&Hazardous Waste Management
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6/14/2016 16.C.1.
Date: 5/2/2016 11:53:16 AM
Name: YilmazGeorge
Title: Department Head-Public Utilities,Public Utilities Department
Date: 5/5/2016 12:05:21 PM
Name:KlatzkowJeff
Title: County Attorney,
Date: 5/9/2016 11:41:37 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/9/2016 1:29:39 PM
Name: FinnEd
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/24/2016 3:17:02 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/31/2016 5:24:23 PM
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