Loading...
Agenda 07/28/2009 Item #10DAgenda item No. 10D July 28, 2009 Page 1 of 13 EXECUTIVE SUMMARY To receive Board approval of staffs recommendation to resolve sewer back charges within the Tall Oaks community with property owner, Hill Crest Estates, Inc. in the amount of $180,000. OBJECTIVE: To receive Board of County Commissioners (Board) approval of staff's recommendation to pursue collection of sewer back charges within the Tall Oaks community from property owner, Hill Crest Estates, Inc. in the amount of 8180,000. CONSIDERATIONS: At the June 9, 2009 Board meeting, a Public Petition (Agenda Item 6. B.) was presented by Ms. Naomie McFarland requesting that the Board only go back one year in collecting sewer back charges for the tenants of the Hill Crest Estates development known as Tall Oaks. Per Board direction on June 9, 2009, staff attempted to coordinate a meeting among Hillcrest Estates Inc., the tenants of the property, and County staff, to ensure all parties involved understand the responsibility for paying the sewer back charges in the accounts of Hill Crest Estates as the property owner (see attached letter from the County Attorney's Office, dated June 10, 2009, Exhibit A). In response to this letter, Hill Crest Estates has declined to attend the meeting (see attached letter, dated June 15, 2009, Exhibit B). As background the following facts are pertinent: • In September 1989, the Collier County Water -Sewer District assumed responsibility for the sewer system in Tall Oaks. Tall Oaks has a unique infrastructure in that it has a single property owner but individually metered tenanted lots. • All the utility accounts in Tall Oaks are in the name of the property owner. Agreements exist between Hillcrest Estates and each tenant that require the tenant to pay utilities. • On January 6, 2009, staff attended a homeowner's association board meeting to explain the legal basis for the accounts being in the name of the property owner. • An anonymous letter, dated January 7, 2009, from a "concerned citizen" alerted staff that some tenants in the Tall Oaks community were not paying for sewer services. • An audit of the Hill Crest Estates accounts revealed that the utility was erroneously not billing 132 accounts for sewer services rendered. • 138 accounts have been properly billed historically and have paid for sewer services rendered. Agenda Item No. 10D July 28, 2009 Page 2 of 13 On April 30, 2009, staff again met with the tenants in the community who had not been billed for sewer services to explain the back charges. Management from Hill Crest Estates did not accept an invitation to this meeting. At that meeting, staff also offered an installment pay plan up to seven years in addition to the four year pay plan offered initially. All accounts in the community are being billed for sewer charges since April 2009. As of the writing of this Executive Summary, 18 accounts have been paid in full, 98 accounts have an active installment pay plan with the utility that is signed by the property owner and tenant, and an additional 9 installment pay plans are awaiting property owner signatures. There has been no response on 7 accounts. Further, on June 13, 2009, Mr. William Hicks, President of the Tall Oaks Homeowners Association (Association), spoke with the County Attorney's Office and staff. Mr. Hicks made it quite clear that the Association does not consider itself a party to this issue, as it only impacts some of the tenants in Tall Oaks. The remainder of the tenants have paid sewer bills since the Water -Sewer District (District) assumed responsibility for waste water treatment. Mr. Hicks noted that tenants have been receiving a $9 per month sewer credit from Hill Crest on their leases in exchange for the removal of sewer service from the tenant's base rent. This is confirmed in the letter from the Hill Crest Attorney, dated June 15, 2009. Staff has offered installment pay plans of up to seven years to recover the outstanding sewer back charges. FISCAL IMPACT: Revenue received in the amount of approximately $180,000 will be recorded in the Collier County Water -Sewer District User Fee Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This is a regular item requiring a majority vote. Section 95.11, Florida Statutes (Statute of Limitations), supports the Water -Sewer District's ability to collect four years of back sewer charges from Hill Crest. Staff is authorized by the Uniform Billing, Operating and Regulatory Standards Ordinance 2001 -13, as amended, Section 1.3 F, to offer a reasonable payment plan for the sewer back charges with the property owner ultimately being responsible for the charges. -JBW RECOMMENDATION: That the Board approves staff's recommendation to pursue collection of sewer back charges within the Tall Oaks community from property owner, Hill Crest Estates, Inc. in the amount of $180,000. PREPARED BY: Tom Wides, Director, Operations Support, PUD Jennifer B. White, Assistant County Attorney Agenda Item No. 10D July 28, 2009 Page 3 of 13 04-REV-01084/83 Page 1 of 1 Agenda Item No. 10D July 28, 2009 Page 4 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D Item Summary: To receive Board approval of staffs recommendation to resolve sewer back charges within the Tall Oaks community with property owner, Hill Crest Estates, Inc.. in the amount of 180,000. {Joe Eellone. Manager, Utii!ty Billing and Customer Service) Meeting Date: 7/28/2009 g 00 00 AM Prepared By Jennifer A. Belpedio T homas Wides Operations Director Date Public Utilities Public Utilities Operations 612312009 7:31:13 AM .Approved By County Attorney County Attornev Office 7/8/2009 2:46 PM Thomas Wades Operations Director Date Public Utilities Public Utilities Operations 6/25/2009 12:24 PM Approved By Peter Lund Operations Analyst Date Public Utilities Public Utilities Ciperations 6/26/2009 9:54 AM Approved By Joseph Bellone Operations Supervisor Date Public Utilities Public Utilities Operations 6/2612009 10:00 AM .Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 7,712009 2:57 PM Approved By Office of Management & Budget Jeff Klatzkow County Attorney Date County Attorney County Attornev Office 7/8/2009 2:46 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administraticn 719/2009 8:53 AM Approved By Ort>IB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 719/2009 9:38 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 71912009 4:07 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 711312009 10:53 AM Commissioners file: / /C: \AgendaTest \Export\ l 33 - July %2028, %202009\ 10. %2000UNTY %20MANAGER %... 7/22/2009 Deputy CmmtyAlt+omey Scott R. Teach Section chi'eb Heidi F. Ashton- Cicko' Jacqueline W. Hubbard` ' Board Certified City, County and Local Govenunent law Office of the County Attorney a �t Jeffrey A. Klatzkow County Attorney VL4 REGULAR & CERTIFIED MAIL RRR #70001670 0003 2640 4581 Lee D. Williams c/o Andrew G. Elliott 9115 Coresa Del Fontana Way Suite 100 Naples, FL 34109 VIA REGULAR & CERTIFIED MAIL RRR #7000 0520 0016 1426 1625 Lee D. Williams 1590 Canary Road Quakertown, PA 18944 June 10, 2009 Agenda Item No. 10D July 28, 2009 Page 5 of 13 Assistant CouutyAttomeys Colleen M. Greene Jennifer B. White Steven T. Williams Jeff E. Wright Robert N. Zachary EXHIBIT VL4 REGULAR MAIL ONLY Lee D. Williams P.O. Box 60 Spinnerstown, PA RE: Public Petition Request to Discuss Back Sewer Charges for Residents of Tall Oaks Mr. Williams: On June 9, 2009, the Board of County Commissioners considered the attached Public Petition from a resident of Tall Oaks. At the meeting, the Board directed that all interested parties meet to discuss payment responsibilities related to the back sewer charges. As you may know, the County's Utility Billing Ordinance requires the property owner, Hill Crest Estates, Inc., be responsible for water and sewer charges. To that end, I am writing on behalf of the Board to request that you or a Hill Crest representative with decision making capability attend the meeting. The meeting will be held at: The Clubhouse located at 525 Barefoot Williams Road 3301 East Tamiami Trail —Naples, Florida 34112-4902 — Phone (239) 252 -8400 — Facsimile (239) 252 -6300 Agenda Item No. 10D July 28, 2009 Page 6 of 13 Lee D. Williams June 10, 2009 Page 2 Please contact my assistant, Kathy Crotteau, at (239) 252 -8400 to let her know which of the following dates and times are acceptable: June 17, 2009 at 9:00 a.m. or 1:00 p.m. June 26, 2009 at 9:00 a.m. or 1:00 p.m. July 1, 2009 at 9:00 a.m. or 1:00 p.m. If you would like more details about the meeting, please contact me directly. Presently an attorney with the Office of the County Attorney is not scheduled to attend the meeting. However, should you desire your legal counsel to attend on Hill Crest's behalf, please let us know and I will also attend. We look forward to hearing from you. Very truly yours, Jennifer B. White Assistant County Attorney JBW:kc cc: Jeffrey Klatzkow, County Attorney Jim DeLony, Administrator, Public Utilities Tom Wides, Director, Fiscal Operations, Public Utilities Joseph Bellone, Manager, Revenue Services, UBCS Peter Lund, Manager, Revenue Services, UBCS 04- REV -01084/834 3301 East Tamiami Trail - Naples, Florida 34112 -4902 — Phone (239) 252 -8400 — Facsimile (239) 252 -6300 Agenda Item No. 10D July 28, 2009 Page 7 of 13 LUTZ, BOBO, TELFAIR, EASTMAN, GABEL & LEE ATTORNEYS AT LAW J. ALLEN BOB O JOHN R. DUNHAM. LII DAVID D. EASTMAN JODY B. GABEL LAURA L. GLENN SCOTT E. GORDON CAROLS. GRONDZIR RICHARD P. LEE H. ROGER LUTZ SUSAN E. RICE KARL M. SCHEUERMAN CHARLES W. TELFAIR, IV 215$ DELTA BOULEVARD SUITE 210-0 TALLAHASSEE,PLORIDA32303 TELEPIIONEI(850) 521 -0890 TOLL FREE (877) 521 -0890 FAX: (850)521 -0891 E -MAIL: INFO @FLORIAAHOUSINOLAW.COM PLEASE REPLYTO: TALLAHASSEE June 15, 2009 Jennifer B. White Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 -4902 SARASOTA OFFICE ONE SARASOTA TOWER TWO NORTII TAMIAMI TRAIL SUITZSCO SARASOTA, FLORIDA 34234 TELEPIIONEt (9410 951 -1800 TOLL FREE; (877) 95L-1800 r•Ax:(941)366 -ISo3 E-MAIL: LAW @bLUTZ1105 O.COM ROOERP. CONLEY, OF COUNSEL O.JOSEPH CALMRACR, OF COUNSEL EXHIBIT a Re: Public Petition Request to Discuss Back Sewer Charges for Residents of Tall Oaks of Naples Dear Ms. White: This is in response to your letter of June 10, 2009, regarding the requested meeting of the owner of Tall Oaks of Naples (`Tall Oaks") with certain Tali Oaks residents regarding charges for back billed sewer services. Contrary to anything which may have been stated or implied by Ms. Naomi McFarland at the June 9, 2009, meeting of the Collier County Board of County Commissioners, officers of the Tall Oaks Home Owners' Association, Inc., ("the Association ") and a representative of the Community Owner have met several times regarding the sewer back billing issue. In fact, as part of the process of working through this issue between the Association and the Community Owner, the president of the Association, Mr. Bill Hicks, has had several telephone conversations with Peter Lund, the Collier County Manager of Customer Service & Utility Ordinance. The Association is now satisfied with the resolution of this matter as proposed by the Community Owner. Under Chapter 723, Florida Statutes, a duly formed and incorporated homeowners' association has the authority to represent all Community residents as to matters affecting them. [See section 723.075(1), Florida Statutes.] Ms. McFarland does not represent the "AV" RATED BY MARTTNDALH- HUBBELL LTT1Z. OODO, TELPAIRt EASTMAN, CAREL & UM 19 A PART OF LUTZ, 8080 & TELFAIR, P.A. Agenda item No. 10D July 28, 2009 Page 8 of 13 Jennifer White, Esq. June 15, 2009 Page 2 association and has no authority to represent or to speak on behalf of that organization. Originally, sewer service in Tall Oaks was included in the homeowners' base rent. Homeowners individually contracted with the County for sewer service and the Community Owner was billed for the service. However, the nature of sewer service in the Community changed effective April 1, 2001, as the result of a September 24, 1999, mediation agreement with the Association (copy attached). Pursuant to that Agreementthe base rent payable by all Tail Oaks residents was reduced by $9.00 per month in exchange for the removal of sewer service from the homeowners' base rent. The Tall Oaks residents have continued to receive the monthly reduction since that time even though as the result of the error in sewer billing by the County now at issue, the residents did not pay for sewer service from April 1, 2001, through March 315' of this year. In fact, no bill from the County for sewer or water service to Tall Oaks homeowners was sent to the Community Owner until April of this year. In sum, the homeowners have received eight years of monthly base rent reductions and four years of no sewer billings as the result of the County's billing error, and are now being billed for the last four years of sewer service. The change in sewer service in the Community was implemented pursuant to section 723.037(1), Florida Statutes, regarding reductions in service, and to the following provisions found in the Tall Oaks prospectus which governs the tenancy of all Tall Oaks residents: 6.5 Sewage Disposal.... The Park Owner reserves the right, upon ninety (90) days written notice to each Home Owner, to (i) charge each Home Owner separately for the sewage disposal services provided by Park Owner through an equitable apportionment of the cost of such services, or (il) discontinue the provision of sewage disposal services by the Park Owner [sic] and cause each Home Owner to be separately billed directly from the governmental facility or company providing such services. 6.9 Changes to Utilities and Other Services. The description of the utilities and other services at the Park set forth above reflects the manner in which such services are provided and charged, and the parties responsible for the maintenance of the facilities necessary to provide such services, as of the filing date of this Prospectus. The Park Owner reserves the right, upon 90 days prior written notice to each Home Owner, to discontinue the provision or maintenance of any utility or other service described above that is presently provided and/or maintained by the Park Owner, so long as such service or utility is replaced by a comparable service or utility. In the event of such discontinuance and replacement, the Home Owners may be billed "Av" RATBD ayMArarNDAm- HuBBC[.L LU M DODO, TaYA[R, EAMMN, OADEL & LEE 13 A PART OP LDTly BOB O & T=YAIR, P.A. Agenda Item No. 10D July 28, 2009 Page 9 of 13 Jennifer White, Esq. June 15, 2009 Page 3 separately for utilities or services that are billed to the Park as of 11 -ia filing date. In that the Community Owner has complied with all lawful obligations regarding notice to the Association regarding the change in sewer service in the Community and has met with the Association regarding both the change in sewer service and the current back billing issue, and that these matters have been resolved to the satisfaction of the Association, the Community Owner respectfully declines to schedule or participate in a meeting with other Tall Oaks residents regarding these matters. Please fee free to contact me if you have any questions regarding any of the above. cc: Rick Tull """ RATED BYMARTIND J- HUBEMA. LUTZ.110130, TMXAIQ, FAMUN, OARM & IFC ISA PART OF LDTZ, BOBO &TT'1FAIR, P.A. 49/28/1999 10:13 9417930107 THIS AI$REEMENT is made thls Maples (her;elnafter "Park Owner"'), and th Assoclatlon') on behalf of Its members. WHEREAS, Park Omprgnd the lot rental amount charged at Tall Oaks Mot maintenance of Park facilities and Improvr WHEREAS, Park Owner and the tot rental amount, the ISrdviti66 of securer w WHEREAS, Park Owner and the A matters without the necessity of litigation; E WHEREAS, the Association hereby the residents of Tall Oaks of Naples to the THEREFORE, Park Owner and (1) Increaso in Base month ,January 1, 2000, the monthly base lot ree Increase dose not include a $ 9.00 par mo the eAmination of sewer service from th( Implemented on the first day of the month serer system (2) Inclnase in Hnsn'MonllWy of January 1, 2001 and Jan shall be increased by $15.( (3) Increase In Base Monthly of January 1, 2003 and Jan shall be increased by a smo The CPI Index shall be th 195" 00) for the period of (4) ClubhouBa -A dUbiwuse ; the sole dikoaffan of pans r will be coneylited as to the (5) Maintenance - Mainteuzanc safety, operation and apps (B) Monthly Meeting - park committee, not to exceed b (7) Corporate amce - Homeau of oli'lc;e during business ho (8) Amenities - mmerwill not i (9) Lost* - the agreement Is reserves the right to incram Cave) E- w/ W- i3E- m TALL OAKS OF NAPLES AGREEMENT th day of Saptemhvr, 11 all Oak3 Hume Owners' oclation desire to resnlva Home Parr, the provision lion wish to avoid and Park mafnte, agree that it is zns that it has the set forth herein; hereby agree Lot Rental Amount for tt amountshall be increased i reduction in monthly base services provided by the ter the connection of the of it Rental Amount for>fhe 9 ry 1, 2002, respectively the (fifteen) dollars). .ot Rental Amount for the 2 ary 1.2004, respectively the M egWl to a minimum of $5. r US Department of Labor luty to JWy of the year Imme Neon of epprvxlmately of AU mar. A homeowner commit sign and configuration of 016 of all park facilities shall be l anager will have monthly number. on Assocletton Officars can s at215- 53(1-8933. suss stated servicas and or relgrwbie for current residE rent on all future tenants or f L%f SE-ZtJEFR 0 /k.A. 1 or - 2 Agenda Item No. 1 O July 28, 2009 PAGEPa= 10 of 13 r', and batwaen Tall Oaks cf atlon, Inc., �here;n�,;,er "tne hg isaues regarding the service In the Paris, and regarding payment of beneficial to resolve these to represent and bind all of 2000 Rental Terris - As of $30.00 (TbUty dollars). This rental amount resulting from ark This reduction will be to the Collier County public & 2002 Rental Terns - As thly base tot rental amount 9 & 2004 Rental Torms - As and* base lot rental amount or CPI not to ex=cd $15.00, Urban Gonsvmers (1982 - tely preceding the (ntuease. sq R the design of Which will not to exceed 3 in number ted In a state of proper 81 d� is with a homeowner. N owner at the corporate �{ to their assigns. Owner ant lots, KS 7HE f- 0,q ffC1 GU,(jE�e.S , 09/28/1999 iH:19 9417930107 TALL DAl6 of NAPLES r Agenda Item No, 10D July 28, 2009 PAGEPAM 11 of 13 (10) GO*d Faith - Both Park forth herein in good faith and subject to eel 0 mar and the AssoclsUPh agre lion 723.021, Florida Statute I to porfnrm the obilgations set and tv make theft beat efiorw to ensure that matters addressed herein a Parts Owner end the Association agree th petfonned in an expeditious failure nd proressional manner. Both breach of thfo Nreament, and that tha not this Agreemed Park Owner agrees that it to perform In good ° breaching party shaft be rc lith shall constitute a rnetertaf 0 for further performance of in conformance with Section 723.081, Flor threat of eviction shat! be a Statutes, as amended. de to any homeowner except (11) U40 of Agnmment -This be uned as evidence or acknowledgment of r reament is the result or sattt mr, omission, or wrongdoing ant negofiiatlons and may not n any judloiai or administrative proceeding. IN WITNESS WHEREOF the Baas, HILL CREST ESTATE$, INC. (iitie) ` Dale t set their hands and oasis # Z Y 'c4 day of September, TALL OAKS M BILE OME VNEWkSSOCIATION, INC. 13y: �. Date 19AC,(;F Qtar-x_ L k 4etC- t SC,(A%, sCLVC-7 UL-4 nw a�/)� Dupre. I6kklir,00t, Agenda Item No. 1 O July 28, 2009 Page 12 of 13 Tall Oaks Mobile Homeowners Association, Inc 591 Black Bear Road Naples Florida 34113 Board of County Commissioners CIO Jennifer B. White Office of the County Attorney 3301 East Tamiami Trail Naples Florida 34112 -4902 Re: Public Petition Request to Discuss Back Charges for Residents of Tall Oaks of Naples. Dear Ms. White: In accordance with a September 24, 1999 Agreement between the Tall Oaks Mobile Homeowners Association Inc. the representative of all the homeowners in Tall Oaks with respect to matters set forth in Chapter 723 Florida State Statutes, and Hill Crest Estates, Inc, owners of the Tall Oaks Property, rent for lots in the Park were reduced by nine dollars ($9.00) per month to reflect the assumption by the county for provision of sewage treat- ment for the community. This Agreement effectively removed the provision of sewer services by the owner and transferred the responsibility to the county. At the same time it eliminated the issue as a matter which fell under the provisions of FS 723 and permitted bargaining between the Parties for that purpose. . Therefore, the Tall Oaks Mobile Homeowners Association Inc, neither approves or disap- proves any settlement of Back Sewer Charges between the county and the individual homeowners Sincerely William J. Hicks President Agenda Item No. 10D July 28, 2009 Page 13 of 13