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CCWWA Minutes 01/25/2016 II January 25, 2016 MINUTES OF THE MEETING OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Naples, Florida, January 25, 2016 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 2:00 P.M. 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: Patricia Sherry (Excused) VICE CHAIRMAN: Lowell Lam Jerry Morgan Dr. Sherwin Ritter Eloy Ricardo (Excused) ALSO PRESENT: Ken Kovensky, Director, Operations and Regulatory Management Scott Stone, Assistant County Attorney Ashley Lang, Senior Budget Analyst 1 January 25, 2016 I. Call to Order (Determination of Quorum) and Roll Call Mr. Lam called the meeting to order at 2:00 PM. Roll call was taken and a quorum was established. II. Approval of Agenda —Meeting of January 25,2016 Mr. Morgan moved to approve the Agenda subject to adding Item IV.B,Ave Maria Rate Case. Second by Dr.Ritter. Carried unanimously 3- 0. III. Approval of Minutes—Meeting of November 23,2015 Dr. Ritter moved to approve the minutes of the November 23, 2015 meeting. Second by Mr. Morgan. Carried unanimously 3- 0. IV. Items Requiring Action by Authority A. North Marco Utility Company, Inc. Price Index Pass Through Application Mr. Kovensky presented Final Order No. 2016-01,a request for the Authority to adopt an Order adjusting the wastewater rates of the North Marco Utility Company, Inc. (NMU) by applying the 2015 Price Index Factor to the allowable 2014 operation and maintenance expenses, and its amortized pass through costs for wastewater. He noted the original Order submitted in the meeting packet for the proposed rate increase of 1.48 percent was to be effective on February 1, 2016 however the date has been changed to February 20, 2016. The Members requested a status update on a sewage spill that occurred in January on Marco Island. Craig Woodward, NMU reported the spill occurred as the result of a faulty shutoff valve and sewage backed up out of a pump station during a maintenance operation. The event occurred on Palm Street and the Florida Department of Environmental Protection was notified and visited the site. The site was remediated within an hour and a valve has been replaced. The spillage did reach a stormwater drain and subsequent water test data indicated no negative impacts on the Big Marco River. This is the first time in the history of the NMU a spill has occurred. Dr.Ritter moved to approve the Final Order No.2016-01, a request by the North Marco Utility Company,Inc.for a wastewater rate increase for pass through costs as presented by Staff. Second by Mr. Morgan. Carried unanimously 3-0. B. Ave Maria Utility Company, LLLP. Rate Case Mr. Kovensky provided a letter from Sundstrom and Mindlin, LLP, counsel for the Ave Maria Utility Company dated January 19, 2016 requesting 2014 be allowed as the test year for a pending rate case. The letter indicated the year was previously approved however the Utility was not able to submit the application within the 6 month time frame established by the Authority. The counsel believes the request is valid given the 2015 operations are similar to those of 2014,the Utility is seeking an increase below its allowable threshold and they do not want to further delay filing of the application. Dr. Ritter moved to grant Ave Maria Utility Company LLLP. a 6 month extension for filing a rate case and use of 2014 as the test year should the Ave Maria Utility Company choose to file such a case. Second by Mr. Morgan. Carried unanimously 3—0. 2 January 25, 2016 V. Staff Discussion None VI. Open to Public None VII. Authority Member Discussion Orange Tree Utility Company Mr. Morgan requested an update on the Utilities filing of their Annual Reports. Mr. Kovensky reported: • The Utility was late in filing their 2013 report and was assessed a fine by the Authority. • They have not yet submitted their 2014 Annual Report and Staff has discussed the issue with them, • The Utility is in litigation with the County and if the County "takes over" the Utility, they will not be required to file their Annual Reports. • The Authority could fine the Utility up to $500 a day for the non compliance. The Members expressed concern other utilities they regulate comply with their requirements and it may not be fair to allow one utility to practice non compliance without consequences. The Authority directed Staffto send a letter to the Utility notifying them the Authority is considering imposing a fine of$500 a day for lack of submitting the required annual reports. Said letter is to be sent upon confirmation by the County Attorney's Office it is appropriate given that the County is in litigation with the utility company. Rural Lands West The Authority requested an update on the proposed development with Staff reporting a land use application has been filed, but it is not determined if they will require services that are regulated by the Authority. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:36PM. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Patricia Sherry, Chairman These Minutes were approved by the Board/Chairman on , as presented , or as amended 3