CCWWA Minutes 02/23/2015 February 23,2015
MINUTES OF THE MEETING OF THE COLLIER COUNTY
WATER AND WASTEWATER AUTHORITY
Naples, Florida, February 23, 2015
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 Department Building Conference Room 609/610,
2800 Horseshoe Drive North, Naples, Florida, with the following members
present:
CHAIRMAN: Dr. Sherwin Ritter
VICE CHAIRMAN: Lowell Lam
Dr. Fay Biles (Excused)
Jerry Morgan
Patricia Sherry
ALSO PRESENT: Jamie French, Deputy Department Head, GMD
Ken Kovensky, Operations & Regulatory
Management Director, GMD
Scott Stone, Assistant County Attorney
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February 23, 2015
Call to Order(Determination of Quorum) and Roll Call
Chairman Dr. Ritter called the Meeting to order at 3:02 P.M.
Roll call was taken and a quorum established.
II. Approval of Agenda—February 23,2015
Mr. Morgan moved to approve the Agenda as presented. Second by Ms. Sherry.
Motion carried; 4-0.
III. Approval of Minutes—Meeting of October 27,2014
Mr. Morgan moved to approve the minutes of the October 27, 2014 meeting as
presented. Second by Ms. Sherry. Motion carried; 4-0.
IV. Items Requiring Action by Authority
A. Ave Maria Utility Company, LLLP 2015 General Rate Relief Request
Staff distributed and reviewed a Memo from Ashley Lang, Budget Analyst,
Growth Management Department to the Executive Director, Collier County Water
and Wastewater Authority and Deputy Department Head, Growth Management
Department regarding Ave Maria Utility Company, LLLP—2015 General Rate
Relief Report dated February 17, 2015.
James French explained that Ave Maria Utility Company, LLLP (AMUC)
submitted a letter via Counsel dated January 29, 2015, advising Staff they planned
to file a request for general rate relief resulting in an increase rate of 5%plus the
annual inflation adjustment, each year, for 5 years.
AMUC is requesting approval to use the year ending December 31, 2014 as their
test year. In addition, the Utility is asking the Authority to delegate the power to
approve the requested test year to the Executive Director of the Authority.
He reported, once a test year request has been made, Ordinance 96-6 allows the
Authority 30 days to respond. Collier County does not have AMUC's Annual
Report for 2014. Permitting activities for new homes and business expansion
have increased.
Staff could not recommend approval of the test year until the County has those
numbers.
AMUC concerns are, due to the upcoming summer holiday and scheduling, they
are fearful they cannot bring a request back in front of the Authority and get their
test year approved within a reasonable amount of time.
Staff indicated the Authority can always put together a quorum in 10 days once
the annual report has been reviewed and Staff reviews the numbers and advertises
the meeting.
Mr. Morgan suggested the Authority postpone taking any action.
Ms. Sherry moved to deny AMUC's request based off the 2014 Annual Report
has not yet been submitted. Second by Mr. Lam. Motion carried unanimously;
4-0.
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February 23, 2015
The Authority reassured AMUC that once the 2014 Annual Report has been
submitted, Staff plans to ship the report directly to an independent Consultant for
their recommendation.
Staff will review the Consultants recommendations and make a decision.
V. Staff Discussion
A. Orange Tree Utility Company, Inc. (OTU)—2013 Annual Report Update
Staff distributed and reviewed a Memo from Ashley Lang, Budget Analyst,
Growth Management Department to the Executive Director, Collier County Water
and Wastewater Authority and Deputy Department Head, Growth Management
Department regarding Orange Tree Utility Company's 2013 Annual Report
Update dated February 17, 2015.
James French reported OTU is currently in a law suit with the County. OTU has
paid quarterly regulatory fees. They are in violation because they are so many
days behind in submitting the 2013 Annual Report. This is a minimal violation
and there will be a fine. OTU is in agreement with the fine and are willing to write
the check.
Ken Kovensky reported the Orange Tree Utility Company, 2013 Annual Report
has not been filed yet. OTU has been in violation as of July 1, 2014. This will be
the start of the calculation of fine based on total number of days elapsed beginning
July 1, 2014 through the date the annual report has been received at$10 per day.
Staff will report whatever the fine is at the next meeting.
It was noted, in the event, if report is not received by March, Staff will have Mr.
Lowitz come before the Authority at the next meeting.
VI. Open to the Public
None
VII. Authority Members Discussion
None
Mr. Morgan moved to adjourn. Second by Ms. Sherry. Motion carried; 4-0.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 3:34 P.M.
COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY
Patri erry, Vice Chairman
These Minutes were approved by the Board/Committee on S/1 3/"/5—
as presented f or as amended
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