Agenda 07/24/2012 Item #16C 17/24/2012 Item 16.C.1.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for
certain Sewer Special Assessments for the 2012 tax year.
OBJECTIVE: Adopt a Resolution approving the deferral of sewer assessments pursuant to the
hardship program adopted in 1996.
CONSIDERATIONS: On August 13, 1996, the Board of County Commissioners adopted
Resolution No. 96 -358 (aka: Resolution No. CWS -96 -9) that established an assessment hardship
program to provide annual assistance for property owners living below the poverty level and at
risk of losing title to their homes because of each assessment. Section 4 of Resolution No. 96-
358 sets forth the eligibility requirements for deferral. Notwithstanding that the assessment has
completed its billing cycle, the property owner must continue to meet the deferral requirements
each year. Approval will preserve the deferred status for the prior year's balances. Each property
owner listed in Exhibit "A" to the proposed Resolution meets the eligibility requirements for
deferral.
Additionally, staff reviewed the deferral applications. Applicants also provided documented
proof of income that must fall within the Federal Poverty Guidelines as outlined by the Federal
Register Volume 76, Number 13, and provided by the Collier County Housing and Human
Service Department (see Exhibit "B").
The accounts qualified for the deferral under Resolution No. 96 -358 are identified as follows:
Project Account Number
51000 230605
51000 406808
Exhibit "A" contains more detailed information about each account.
FISCAL IMPACT: There is no fiscal impact of the proposed deferral for 2012. The cost of
recording this Resolution in the public records is $18.50. Funds are available in the County
Water /Sewer Operating Fund (408).
LEGAL CONSIDERATIONS: In summary, the eligibility requirements are: (1) occupant is the
owner of the property and is entitled to claim a homestead exemption, (2) all ad valorem taxes
paid or deferred, (3) property is not subject of pending or threatened foreclosure action or other
encumbrances, (4) sworn statement from owner of intent to remain qualified for homestead
exemption, as applicable (5) property is not under contract for sale, (6) allowable family earnings
are at or below the levels established by Board. Staff has found these requirements to be met.
Accordingly, this item is legally sufficient and requires a majority vote for Board action. - JBW
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with
this item.
RECOMMENDATION: Adopt a resolution approving the 2012 tax year sewer assessment
deferrals and record the adopted resolution in the Official Records of Collier County, Florida.
PREPARED BY: Pamela Callis, Revenue Supervisor, Utility Billing & Customer Service
Attachments: Resolution, Exhibit A, Ex Packet Page -1772-
7/24/2012 Item 16.C.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1.
Item Summary: Recommendation to adopt a Resolution approving Special Assessment
Hardship Deferrals for certain Sewer Special Assessments for the 2012 tax year.
Meeting Date: 7/24/2012
Prepared By
Name: debbie chinn
Title: Administrative Assistant,Utilities Finance Operati
6/18/2012 9:28:08 AM
Submitted by
Title: Supervisor - Revenue,Utilities Finance Operations
Name: Pam Callis
6/18/2012 9:28:09 AM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 6/18/2012 9:56:29 AM
Name: Pam Callis
Title: Supervisor - Revenue,Utilities Finance Operations
Date: 6/18/2012 2:08:44 PM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 6/18/2012 2:53:45 PM
Name: Joseph Bellone
Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations
Date: 6/19/2012 2:12:18 PM
Name: Joseph Bellone
Packet Page -1773-
Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations
Date: 6/26/2012 8:18:06 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 6/29/2012 1:25:20 PM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 7/9/2012 8:51:21 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/10/2012 11:02:27 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 7/11/2012 1:10:31 PM
Name: OchsLeo
Title: County Manager
Date: 7/12/2012 10:55:58 AM
Packet Page -1774-
7/24/2012 Item 16.C.1.
7/24/2012 Item 16.C.1.
RESOLUTION NO. 2012-/ RESOLUTION N0. CWS -2012-
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE
GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX- OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT,
APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN
SEWER SPECIAL ASSESSMENTS FOR THE 2012 TAX YEAR
WHEREAS, the Board of County Commissioners in its individual capacity as the Governing Body of
Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District,
( "Board ") established by Resolutions No. 96 -358, (aka Resolution No. CWS -96 -9) a program for the deferrals
of special assessments for water and/or sewer improvements for homeowners who qualify under the Resolution;
and
WHEREAS, Section Eight of Resolution No. 96 -358 provides that the Board shall approve by resolution
the special assessment hardship deferrals which shall include the property owner's name, mailing address, legal
description of the property, property folio number, the name of the special assessment district, account number
and the amount of the annual special assessment payment being deferred and that the resolution shall be
recorded in the Official Records of Collier County, Florida; and
WHEREAS, owners identified on Exhibit "A" are eligible for special assessment hardship deferrals
under Section Four of Resolution No. 96 -358,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT THAT:
1. The owners identified on Exhibit "A" have been approved for the special assessment hardship
deferral.
2. This Resolution shall be recorded in the Official Public Records of Collier County, Florida.
3. This Resolution shall become effective immediately upon its adoption.
2012.
THIS RESOLUTION ADOPTED after motion, second and majority vote this day of
'
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approval as to form and legal sufficiency:
Iennifer . White
assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
AS THE GOVERNING BODY OF COLLIER
COUNTY, FLORIDA AND AS EX- OFFICIO
THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER
DISTRICT
FRED W. COYLE, CHAIRMAN
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Packet Page -1777-
7/24/2012 Item 16.C.1.
AUG 1 31996
RESOLUTION NO. 96- 358
RESOLUTION NO. CWs -96- 9
RESOLUTION NO. MWS -96- 2
RESOLUTION NO GWD -96- 2
A RESOLUTION ESTABLISHING A HOUSING ASSISTANCE
PROGRAM BY PROVIDING AID AND ASSISTANCE FOR
CERTAIN QUALIFIED HOMEOWNERS WHO ARE RESIDENTS
OF COLLIER COUNTY WITH ASSISTANCE IN PAYMENT
OF ANNUAL CHARGES FOR SPECIAL ASSESSMENT LIENS
FOR WATER AND /OR SEWER IMPROVEMENTS;
AUTHORIZING THE EXPENDITURE OF WATER AND SEWER
REVENUES FOR A SPECIAL ASSESSMENT HARDSHIP
PROGRAM; ESTABLISHING ELIGIBILITY
REQUIREMENTS; ESTABLISHING LIMITATIONS;
REQUIRING THAT APPLICATIONS BE FILED BY A
CERTAIN DATE; PROVIDING FOR ADMINISTRATIVE
DETERMINATIONS OF ELIGIBILITY FOR COUNTY
ASSISTANCE; PROVIDING FOR AN APPEAL FROM A
DETERMINATION OF INELIGIBILITY FOR COUNTY
ASSISTANCE; PROVIDING FOR RECORDING OF THE
HARDSHIP LIEN; PROVIDING FOR PAYMENT OF THE
HARDSHIP LIEN UPON SALE OR TRANSFER OF THE
PROPERTY; PROVIDING FOR APPROVAL OF ANNUAL
SPECIAL ASSESSMENT HARDSHIP PROGRAM DEFERRALS;
PROVIDING FOR VIOLATIONS AND PENALTIES;
SUPERSEDING RESOLUTION NO. 94 -148, NO.
CWS -94 -2, NO. MWS -94 -1 AND NO. GW -94 -1; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Ccmmissioners of Collier County
in its individual capacity as the governing body of Collier
County, Florida, and as Ex- Officio the Governing Board of the
Collier County Water -Sewer District, the Goodland Water District
and the Marco Water and Sewer District, (hereinafter referred to
as the "Board ") establishes special assessment programs and
undertakes programs providing improvements in residential areas
and particularly in subdivisions developed prior to requirements
for reasonable mandatory improvements; and
WHEREAS, a special assessment program provides for the
funding of such improvements through the establishment of special
assessment charges and liens in accordance with the benefit
received by each lot or parcel of land in the subdivision or
neighborhood; and
WHEREAS, the Board typically borrows funds to build such
improvements secured by a pledge of the special assessment liens;
and
nu Q 479
Packet Page -1778-
7/24/2012 Itei
r v v f ,7 la ju
WHEREAS, to provide for the efficient administration of a
program for collecting special assessment liens, the Board
Z�Ypically authorizes the collection of special assessment liens in
the manner provided for ad valorem taxes as provided in Section
197.3632, Florida Statutes; and
WHEREAS, the Board has determined that a limited program
offering assistance to low income homeowners who may risk losing
title to their home due to the inability to pay special assessment
charges when due would relieve the public from the demand and
burdensome costs associated with such displaced families and
homeowners; and
WHEREAS, the Board of County Commissioners of Collier County
has determined that the allocation of funds for the establishment
of the special assessment hardship program and that the special
assessment hardship program as authorized herein constitutes a
valid public purpose; and
WHEREAS, to the extent funds may be allocated, it is the
intent of this Resolution to provide relief to certain qualified
homeowners who may be at risk of losing title to their home due to
the inability to pay a special assessment lien.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER -SEWER DISTRICT, THE GOODLAND WATER DISTRICT
A14D THE MARCO WATER AND SEWER DISTRICT, that:
SECTION ONE: _olicv and Inten
The intent of the Special Assessment Hardship Program is to
provide a program of assistance to permanent residents of Collier
County who are living below the poverty level and are at risk of
losing title to their homes as the result of water and /or sewer
improvements funded in whole or in part by special assessment
liens imposed by Collier County, the Collier County Water -Sewer
SDOK 00or:,r 4sn
Packet Page -1779-
7/24/2012 Item 16.C.1.
AUG 1 31996
District, the Goodland water District and the Marco water and
Sewer District. It is the policy of the governing board that the
Special Assessment Hardship Program be interpreted broadly in
order to effectuate the intent.
SECTION TWO: Definitions.
The following words or phrases as contained in this
Resolution shall have the following meanings unless otherwise
stated:
"Affected District- means the County, Collier County
Water -Sewer District, Marco Water and Sewer District, or
the Goodland Water District authorizing the construction
of the water and /or sewer capital improvements.
"Board" means the Board of County Commissioners as the
governing body of Collier County, Florida, and as
Ex- Officio the Governing Board of the Collier County
Water -Sewer District, the Marco Water and Sewer District
and the Goodland Water District.
"Disabled" means that a person has a physical or mental
impairment which substantially limits the person's
ability to obtain employment and that the person has a
record of having such an impairment as certified by at
least one physician or where the applicant has obtained
tax exempt status for totally and permanently disabled
person under Section 196.101, Florida Statutes, or has
been found eligible under any State or Federal program
applying similar criteria.
"?arninas or Family Earnings" means adjusted gross
earnings and support from all sources, including
non - taxable sources of support, received by all family
members, including rental revenue.
"Elderly" means a person who will be sixty -five (65) or
older prior to January 1, of the year in which
assistance is granted.
Packet Page - 1780 -1 Q I
7124/2012 Iterr
AUG 1 31996
"Family" means husband, wife and minors and related or
unrelated individuals residing in a household who
receive more than So% of their support from the Family
Earnings.
"Q!A=" means; a) one who holds legal or beneficial
title in equity to real property in Collier County, or
b) one who is the relative of a decedent who held legal
title or beneficial title to such real property and has
paid all ad valorem taxes on the property in the prior
year.
"Relative" means one who is related to the owner as
father, mother, son, daughter, brother, sister, uncle,
aunt, first cousin, nephew, niece, husband, wife,
stevfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother or half sister.
SECTION THREE: Deferral of Special Assessment Payments
Authorized
The deferral of all or a part of the annual payments due for
special assessment liens for water and /or sewer capital
improvements established in accordance with the terms of
this Program is hereby authorized. In the event the deferral of a
special assessment payment leads to a shortfall in revenues
necessary to meet annual debt service requirements, the Board
shall, through the use of water and /or sewer revenues collected
within the affected District fund the shortfall. Assistance shall
be based upon the total family income, as adjusted to reflect
family size.
SECTION FOURS Eligibili
Eligibility requirements shall include the following minimum
criteria and such additional criteria as may from time to time be
established by the Board:
A. The occupant is the owner of the property and is entitled
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to claim homestead tax exemption under the Constitution of
the State of Florida. Proof of obtaining homestead tax
exemption by the Property Appraiser of Collier County shall
establish fulfillment of this requirement, but shall not
preclude the establishment of the criteria by the Board that
would permit the granting of assistance where the occupant is
the elderly parent of the owner, a relative of the owner who
is disabled or an heir or relative of a deceased owner.
B. All ad valorem taxes on the property have been paid or
the owner has obtained a homestead tax deferral.
C. The owner is prepared to pay, or qualified to obtain a
homestead tax deferral for the current ad valorem taxes when
due.
U. The property is not the subject of pending or threatened
foreclosure action and that no mortgage or other encumbrance
creating a lien against the property is in default.
E. A sworn statement of the owner's intent to remain
qualified for homestead exemption except where the homestead
exemption requirement is not applicable and that the property
is not encumbered by a contract for sale at the time of the
application.
F. Allowable family earnings shall be at or below the levels
established from time to time, based upon the poverty level
guidelines published by the Federal Government. Such
criteria shall be used as guidelines and for the initial
determination of eligibility provided, however, any such
determination shall be subject to the limitations set forth
by Resolution. Until amended by the Board, the earnings
criteria shall be as established in Exhibit "A" attached
hereto and incorporated herein.
SECTION FIVE: Limitations,
Annually, the Board, in its sole discretion, shall determine
the amount of the annual assessment charges within the affected
aou Of) 0,: 483
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districts to be deferred until the property is transferred to
another owner. The provision of assistance in any one year shall
in no way establish a right or entitlement to such assistance in
any subsequent year. As soon as possible after the deadline for
submission of applications and filing appeals, the County
Administrator shall advise the Board of the approximate assessment
deferrals necessary. If the amount approved is insufficient to
provide assistance to all owners who are eligible, assistance
shall be granted to the eligible owners with the lowest earnings
based upon consideration of family.
The deferred assessments shall be repaid to the County or the
Affected District upon the sale, transfer or lease of the property
subject to the assessment to another owner or at the time the
Owner no longer qualifies for assistance, whichever occurs first.
If repayment is triggered by the sale or transfer of the property,
the deferred assessment must be immediately repaid. If the
repayment is triggered by the Owner no longer qualifying for
assistance, interest shall accrue on the deferred assessments at
the same rate as the rate being charged to all property owners
within the assessment project until the full amount of the
deferred assessment is repaid. Interest shall begin accruing at
the time the owner no longer qualifies for assistance. The sale
or transfer of the property to a family member residing with the
owner at the time of transfer shall not trigger the repayment of
the deferred assessment; provided that, the new owner meets the
deferral guidelines.
The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking
of any part of the Owner's property, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to the
Affected District or the County.
coax 00011 484
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SECTION SIX: Submission of A 1 Cation Required and
Deadlines Establish d
A. Submission Required:
A homeowner wishing to obtain assistance under the
Special Assessment Hardship Program must submit an
application on a form prescribed by the County and
furnished by the County Administrator, or his designee.
The application form shall be signed upon oath by the
applicant before an officer authorized by the State to
administer oaths. The applicant shall be required to
provide such other evidence and documentation as deemed
necessary by the County Administrator or his designee in
considering the application, including but not limited
to, an affidavit of all family earnings and support. The
submission of false, misleading or incomplete
applications and the failure to provide appropriate
documentary evidence in support of an application prior
to the deadline for the submission of an application
shall constitute grounds for denial of the application.
B. Application Deadlines:
Complete applications and documentation must be submitted
by June 1 of the year preceding the tax year in which
assistance is sought. The first year assistance will be
available is the 1994 tax year. Thus, complete
applications must be received for the first year prior to
June 1, 1994.
SECTION SEVEN: Administrative Determ {nation of Z jS "ji
The County Administrator shall assign the responsibility for
reviewing applications to appropriate staff; who shall be
responsible for advising applicants of the need for additional
evidence and documentation and providing applicants with notice of
the final staff determination of the applicants eligibility
status and the right to appeal the determination.
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AUG 1 3 1996
Anyone wishing to appeal the staff determination of
ineligibility may do so by requesting a hearing before the Board
within fifteen (15) days after a notice of the determination of
the staff determination of ineligibility. An applicant will be
notified of a time and date at which their appeal will be
considered by the Board, which date shall be no sooner than seven
(7) days after the filing of an appeal. The Board shall not be
required to consider any evidence or documents not presented for
review by staff but may, in order to fulfill the purposes of the
Special Assessment Hardship Program, request and receive
additional evidence and testimony in order to effectuate the
purposes of the Special Assessment Hardship Program.
SECTION EIGHT: Approval of Aaanai Special Assessment
Hardship Pzogr n•farrala
The Board shall approve each year by Resolution the Special
Assessment Hardship deferrals which shall include the property
owner's name, mailing address, legal description of the property,
property folio no., the name of the special assessment district,
account number and the amount of the annual special assessment
payment being deferred. The Resolution in its entirety approving
the annual special assessment hardship deferrals shall be recorded
in the Official Records of Collier County, Florida.
SECTION NINE: Violations and Penalti�A
The submission of a false or fraudulent application or false
or fraudulent documentation in support of an application shall
constitute a violation of this Program. Upon finding that
assistance has been granted based upon a fraudulent application or
an application containing fraudulent, false or misleading
information, the Board may act to collect a special assessment for
which assistance was granted. Nothing herein shall prohibit
Collier County from exercising other remedies available under the
Laws of Florida.
Bou 000P.-,: 48(1
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AUG 1 319E'i
SECTION TEN: Prior Resolutions BuRaraeded.
This Resolution shall supersede in its entirety Resolution
No. 94 -148, CWS -94 -2, MWS -94 -1 and GW -94 -1.
SECTIOW ELMXt Etfeotive Date,
This Resolution shall become effective immediately upon its
adoption. :,.• :::: �,,,,
This Resolution adopted this _X!? day of
1996, after motion, second and majority vote. _
ATTEST:,: BOARD OF COUNTY COHk, STONERS ;
DW ,
IGHT •E-.. $ROCK, CLERK COLLIER COUNTY, FLORIDA AS - THE,a`
GOVERNING BODY OF COLLIHR,„CAUNTH,
/: r•. ! { AND EX- OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER -SEWER DISTRICT, THE MARCO
_ WATER AND SEWER DISTRICT" AND THE,
GOODLAND WATER DISTRICT,,,,.
`S BY
C. NORRIS, AIRMAN 'J
Approved as to form and f
legal sufficiency:
J
vid C We
. gel
County Attorney
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