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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. Packet Page -667- 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 Packet Page -668- 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 Packet Page -669- 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 Packet Page-670-