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
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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.
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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
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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
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