Agenda 05/10/2011 Item #16C2
5/10/2011 Item 16.C.2.
EXECUTIVE SUMMARY
Recommendation to anthorize a one-time exception to Ordinance No. 2005-54, for nine properties
located within Conrtside Commons of Wyndemere, pertaining to the annual Solid Waste Collection
and Disposal Services Special Assessment for the collection, disposal, and administration of
municipal solid waste due to a billing error, and to direct the County Manager or his designee to
take all actions necessary to implement the exception.
OBJECTIVE: Authorize a one-time exception 10 Ordinance No. 2005-54, for nine properties
located within Courtside Commons of Wyndcmere, pertaining to the annual Solid Waste
Collection and Disposal Services Special Assessment for the collection, disposal, and
administration of municipal solid waste due to a billing error.
CONSIDERATIONS: Ordinance No. 2005-54 (Ordinance) 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. Courtside
Commons of Wynd em ere is comprised of 53 residential units and is located within Municipal
Service Benefit Unit, Service District I. The 53 residential units located at Courtside Commons
of Wyndemere were assessed an annual service charge for the collection, disposal, and
administration of municipal solid waste until October 4, 2004, when a Public Utilities employee
observed a compactor servicing all units. Based on this observation, staff en'oneously assumed
that Courtside Commons was not receiving residential curbside collection services. At that time,
Public Utilities prepared errors and omissions documents for each of the 53 units, removing the
Solid Waste Collection and Disposal Services Special Assessment from the non-ad valorem
section of the tax roll beginning with service year 2004. In addition, in compliance with the
Ordinance, credits were processed for the solid waste special assessments for years 2003. 2002,
and 2001. The errors and omissions documents were sent to the Tax Collector per State Statute
197.3632. The solid waste special assessment has not appeared on the tax bills for the 53
Courtside Commons units from 2004 through 2010.
Ordinance No, 2005-54, Section 15 states:
If it appears that the special assessment might have been imposed under this Ordinance
against any residential real property, but such residential real property was omitted from the
appropriate special assessment roll. the board may, by resolution, impose the applicable special
assessment for the service year in which the error is discovered, plus the applicable special
assessment for the prior two service years, if the residential real property was subject to the
special assessment for each of the prior two service years. The total special assessment shall
become delinquent ifnot fully paid upon the expiration of60 days from the effective date of the
Board's resolution, and upon becoming delinquent shall be subject to an interest rate of 12
percent per annum. Further. the total amoull1 of the delinquent special assessment shall
constitute, and is hereby imposed, as a lien against such residential real property, and shall be
treated the same as other special assessmcnts.
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5/10/2011 Item 16,C.2.
Of the 53 residential units, nine have been owned by the present owner for less than three service
years. Due to the extraordinary and specific circumstances of this situation, it is recommended
as a one-time exception to the Ordinance to assess nine residential unit owners only for the
service years they have owned their property. The following chart summarizes occupancy of
those nine residential units.
Folio Number
Address
28780040003
101 Courtside Dr.
28780120004
103 Courtside Dr.
I 28780280009
I
!
I 28780560004
I
I
! 28780600003
I
1107 Courtside Dr.
1205 Coo",;d, Dc.
I
,
I
I
~
I 206 Courtside Dr.
I
O'Wl1ership During
Assessment Years
Roger M. & Sandra K.
Harrison
2009 & 2010
Lawrence H. Green Tr.,
Robert A. Green Tr., &
Kathleen T. Pilotte Tr.
2009 & 20]0
.lean A. Drumgool
2009 & 2010
28780920000
, 306 Courtside Dr.
I
I
Georgette Leblanc
2010
28781240006
I Sterling Paper Company
I
, ,
~06 C(~urtside D;-K~;neth B. Bootsma Tr.
I
I
I
I 609- Courtside Dr.
406 Courtside Dr.
I
I
28782000009
28782] 20002
, 2008.2009. & 2010
2009 & 20 I 0
Lloyd A. & Susan L.
Wennlund
~1:~~
I
--
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Amount to be
assessed
$] 71.26/ $] 73.49
$171.26/ $173.49
$85.64/ $173.49
(6 months 2009)
1$99.91/ $173.49
I
(7 months 2009)
$171.26/ $173.49
(] 2 months 2009)
I
1$159.03
I (I] months 20] 0)
$]28.78, $171.26,
& $173.49
(9 months 2008)
$114.18 & $173.49
: (8 months 2009)
$101.20
! (7 months 2010)
5/10/2011 Item 16.C.2.
The annual solid waste special assessment charge for the past three years will be pursued from
the remaining 44 residential units, in accord with Section 15 of Ordinance No. 2005-54 as noted
above, with the applicable four percent discount if paid within 30 days of the date of the original
bill. For 201 1, and forward, all 53 residential units will be assessed the annual solid waste special
assessment.
Actions to be taken by the County Manager or his designee to implement this recommendation
are:
I. Prorate the three year assessment to the nine current owners who have not owned their
property in Courtside Commons for the three year assessment period to the amounts
designated in the table above; and,
2. Offer an interest free payment plan of up to three years in length to the nine residential
unit owners assessed a prorated portion of the solid waste special assessment; and,
3. Offer an interest free payment plan of up to three years in length to the 44 residential unit
owners who have owned their property in Courtsid(: Commons for the entire three year
assessment period, to be executed within 60 days of Board approval of this item.
FISCAL IMPACT: The Solid Waste Mandatory Collection Fund (473) would have received
$4,648.4 I in revenue from the nine property owners for the full three year assessment period.
The prorated share of the assessment period totals $2,588.2 I, The net revenue difference of
$2,060.20 to the fund represents a reduction of revenue in Fiscal 20 I I.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. This item requires a majority vote.-JBW.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
the item.
RECOMMENDATION: Authorize a one-time exception to Ordinance No. 2005-54, for nine
properties located within Courtsidc Commons of Wyndemere, pertaining to the annual Solid
Waste Collection and Disposal Services Special Assessment for the collection, disposal, and
administration of municipal solid waste due to a billing error, and to direct the County Manager
or his designee to take all actions ncccssary to implement the exception.
PREPARED BY: Joseph G. Bellone, Manager, Utility Billing and Customer Service
.Jennifer B. White. Assistant County Attollley
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5/10/2011 Item 16.C.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2.
Item Summary: Recommendation to authorize a one-time exception to Ordinance No.
2005-54, for nine properties located within Courtside Commons of Wyndemere, pertaining to
the annual Solid Waste Collection and Disposal Services Special Assessment for the collection,
disposal, and administration of municipal solid waste due to a billing error, and to direct the
County Manager or his designee to take all actions necessary to implement the exception.
Meeting Date: 5/10/2011
Prepared By
Name: debbie chinn
Title: Administrative Assistant,Utilities Finance Operations
4/22/2011 7:05:25 AM
Submitted by
Title: Manager - Utility Billing & (ust Serv..Utilities Finance Operations
Name: Joseph Bellone
4/22/2011 7:05:26 AM
Approved By
Name: RiesenTeresa
Title: Manager - Revenue,Utilities Finance Operations
Date: 4/22/20 II 7: 1 5 :24 AM
Name: Joseph Bellone
Title: Manager - Utility Billing & (ust Serv..Utilities Finance Operations
Datc: 4/22/2011 8:00: ] 9 AM
Name: HapkeMargie
Title: VALUE MISSING
Date: 4/22/2011 8:07:56 AM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
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5/10/2011 Item 16.C.2.
Date: 4/22/20]] 8:53:42 AM
Name: DeLonyJim
Title: Administrator - Public Utilities.
Date: 4/22/2011 ] 1: I 0:34 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/22/2011 3:39:54 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/25/201] ] 1: 18:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2011 11 :53:30 AM
Name: OchsLeo
Title: County Manager
Date:5/1/201111:IO:15AM
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