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
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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.
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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
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