22-0827
12.H.1.
Utility Accounts Receivable Bad Debt Follow-Up and Potential Foreclosure
Activity
Recommended Action:
Staff recommends that the Board of County Commissioners: • Authorize staff to
classify as bad debt expense the $632,604.80 in penalties and interest that was
waived; • Authorize the Director of Management and Budget to process a budget
amendment from the Utilities operating fund balance (cash) to cover the
$632,604.80 expense; • Authorize staff to work with the County Attorney’s
office to process any potential foreclosures; and, • Authorize staff to seek outside
counsel, if needed, in assisting with these foreclosures
Director of Utility Services Sean Lieske recognized the Utility workers who
worked during the storm to keep both the water and wastewater flowing. He
explained there were 90 lift stations that were down due to the power outages
and the Utility crews used portable generators to pump them out.
Utility Finance Manager Cindy Corrente utilized a PowerPoint Presentation to
follow-up on the Accounts Receivable Bad Debt and potential foreclosure
activity. She stated with the modifications to County Code Section 201.2, staff
was given authorization to waive some, or all, penalties and interest on certain
past-due utility accounts and to make arrangements for settlement of said
accounts. She displayed a summary of bad debts listing the numbers of
settlements, total collected, the total penalties, and interest waived for the water
and sewer, impact fee loans, and assessments.
Ms. Corrente brought up the accounts falling into the unenforceable lien category
explaining liens over 20 years old were no longer legally enforceable; however,
she stated a "notice of potential future connection charges" will be filed in the
County Clerk's records. She continued, before any service could be activated for
those properties, any connection charges in effect at the time of connection
including any impact fees would need to be paid.
Chairman O'Bryan sought and received confirmation from County Attorney Dylan
Reingold that the notice of future connection charges would show up in the title
search so the buyer would be aware of the additional costs.
Ms. Corrente advised the Board that 67 certified letters were sent out to notify
property owners with past due accounts of potential foreclosure, giving the
owners 60 days to arrive at a settlement agreement noting there had been six
settlements to date. She stated that staff would work with either the County
Attorney's Office or outside counsel on the accounts with enforceable liens over
24 months to pursue foreclosure, noting there was still ample opportunities for the