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CCWWA Minutes 10/27/2014 Water and Wastewater Authority Minutes October 27 , 2014 October 27,2014 MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Naples, Florida, October 27, 2014 LET IT BE REMEMBERED, that the Collier County Water and Wastewater Authority in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION at the Collier County Growth Management Division Building Conference Room 609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr. Sherwin Ritter VICE CHAIRMAN: Lowell Lam Dr. Fay Biles Jerry Morgan Patricia Sherry ALSO PRESENT: Jamie French, Deputy Administrator, GMD Ken Kovensky, Operations & Regulatory Mgmt. Director, GMD Scott Stone, Assistant County Attorney Ashley Lang, Management/Budget Analyst, GMD 3 October 27,2014 Call to Order(Determination of Quorum)and Roll Call Chairman Lam called the Meeting to order at 3:00 P.M. Roll call was taken and a quorum established. II. Approval of Agenda—Meeting October 27,2014 Dr. Biles moved to approve the Agenda as presented. Second by Ms.Sherry. Motion carried;5-0. III. Approval of Minutes—Meeting of May 12,2014 Mr.Morgan moved to approve the minutes of the May 12,2014 meeting as presented Second by Ms. Sherry. Motion carried;5-0. IV. Items Requiring Action by Authority A. Ave Maria Utility Company,LLLP 2014 Price Index Application Ken Kovensky explained"each year we adopt the Florida Public Service Commission(FPSC)Price Index Rate." On May 12,2014,the Authority reviewed and approved Final Order No. 2014-02,FPSC Order No. PSC 14-0056- PAA-WS issued January 27,2014 establishing the 2014 Price Index of 1.41%. Ordinance No. 96-6 requires that the rate be adopted on or before May 15th of each calendar year. Ken Kovensky provided a Staff recommendation;that the Authority adopt the New Final Order No.2014-03,adjusting the water and wastewater rates of Ave Maria Utility Company,LLLP(AMUC)by applying the 2014 Price Index Factor to the allowable 2013 operation and maintenance expenses. It was noted AMUC is requesting a 1.97%increase to its water rates and a 1.39% increase to its wastewater rates based on the application of the 2013 Price Index Factor of 1.41%adopted by Final Order No. 2014-02,to AMUC's adjusted tariff sheets. Mr.Morgan moved the Authority recognize the Price Index Rate for AMUC as stated Second by Dr. Biles. Motion carried;5-0. B. Ave Maria Utility Company,LLLP Miscellaneous Service Charges Staff recommended the Authority consider AMUC's request to add a Backflow Prevention Violation/Disconnection,Meter Tampering and Unauthorized Water Use Fees. It was noted AMUC would like to charge$75 in addition to,or in lieu of,discontinuation of utility service as a result of a customer's failure to test and/or maintain a backflow prevention device, including removal or tampering with a backflow prevention device.AMUC would like to give the flexibility to not discontinue service under certain circumstances and would like to amend its Water Tariff to be allowed to charge separate fees for these types of violations. 2 October 27,2014 Mr. Morgan asked how many contractors by-pass the water meter. Jason Vogel—Project Manager,Ave Maria Utility Company stated that these instances happen at least weekly. AMUC does not expect to get rich on$75 but wants to discourage the behavior. Mr. Morgan moved to approve Ave Maria Utility Company(AMUC)requested fees. Second by Dr.Biles. Motion carried; 5-0. V. Staff Discussion A. Orange Tree Utility Company,Inc.—2013 Annual Report James French reported that Orange Tree Utility Company's, 2013 Annual Report has not been filed yet. The topic was placed on agenda for general discussion purposes. He explained the following: • According to the Ordinance; Utilities under this jurisdiction are required to file an Annual Report during the 1st 120 days of each year, Utilities are allowed an automatic 30 day extension, after the extension period,the utility can request another 30 day extension by showing cause to be approved by the Executive Director. • The County has been in contact numerous times with Orange Tree Utility Company and their representatives regarding the unified report. • The last communication with Orange Tree Utility Company was that Vice President,Mr. Stephen Lowitz,requested an extension past June 30 to July 31. That request was denied by James French in writing citing the Rules of the Ordinance and the Rules of the Authority. • Since their request was denied the County has made several attempts to find out when the report will be filed,without success. Discussion was made on establishing a fine and levying it. The fine would start as of July 1 until the date the Annual Report has been received. James French recommended the Authority acknowledge the warning Staff will send to Orange Tree Utility Company with a fine attached to it based on today's calculation. He suggested the Authority demand they appear before the Authority next month if the report is not filed 10 business days prior to next month's meeting to explain the reasons why they have not filed the Annual Report. Dr.Ritter moved to request that Orange Tree Utilities to appear before the Authority to explain the reasons why they have not filed the Annual Report at the next meeting, unless Orange Tree Utilities has paid the fine and filed the Annual Report 10 days prior to the next meeting. Second by Dr.Biles. Mr.Morgan moved to add that Mr.Lowitz or someone with authority,appear before the Authority. Dr. Ritter moved to amend motion to request that Mr. Lowitz or Mr.Bolt of Orange Tree Utilities to appear before the Authority to explain the reasons why they have not filed the Annual Report at the next meeting, unless Orange Tree 3 October 27,2014 Utilities has paid the fine and filed the Annual Report 10 days prior to the next meeting. Second to amend by Dr.Biles. Motion carried,5-0. Discussion was made on establishing the fine. A consensus was formed to establish a fine of$10 per day. VI. Open to the Public None VII. Authority Members Discussion Mr.Morgan asked if the FGUA is still in existence. James French responded the Florida Government Utility Authority(FGUA)is still in existence. They file an Annual Report for Collier County comments. Collier County maintains a solid relationship with them. There being no further business for the good of the County,the meeting was adjourned by order of the Chair at 3:45 P.M. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY diriOr Dr. erwin Ritter,Chairman These Minutes were approved by the Board/Committee on )/'.3,/f` as presented ✓ or as amended 4