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CCWWA Agenda 04/19/2021 COLLIER COUNTY WATER & WASTEWATER AUTHORITY Agenda Packet for Regular Meeting Monday, April 19, 2021 2:00 PM, Conference Room 609/610 2800 Horseshoe Drive North Naples, Florida 34104 Authority Members: Patricia Sherry, Chairman Eloy Ricardo, Vice Chairman Ruchi Arora Dr. Sherwin Ritter Eugene Wordehoff Legal Counsel: Heidi Ashton-Cicko Managing Assistant County Attorney Executive Director: Ken Kovensky Director - Operations & Regulatory Management, GMD Staff Liaison: Radoslava Edreva Finance and Operations Manager, GMD COLLIER COUNTY GOVERNMENT Growth Management Department 2800 Horseshoe Drive North Naples, Florida 34104 i COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Conference Room 609/610, Growth Management Department 2800 Horseshoe Drive North, Naples, Florida 34104 2:00 p.m., April 19, 2021 Notice: All persons wishing to speak on any agenda item must register prior to speaking. Requests to address the Authority on subjects, which are not on this agenda, must be submitted in writing with explanation to the Executive Director, Collier County Water and Wastewater Authority, GMD/Office of Operations and Regulatory Management, 2800 Horseshoe Drive North, Naples Florida 34104, at least ten (10) days in prior to the date of the meeting and will be heard under “Open to the Public.” Any person who decides to appeal a decision of this Authority will need a record of proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All registered public speakers will be limited to three (3) minutes unless permission for additional time is granted by the Chairman. Points of contact: Kenneth Kovensky, Director of Operations & Regulatory Management 239.252.2388; Radoslava Edreva, Finance and Operations Manager 239.252.8745. A G E N D A I. Call to Order (Determination of Quorum) and Roll Call II. Approval of Agenda – Meeting of April 19, 2021 III. Approval of Minutes – Meeting of July 20, 2020 page 1 IV. Items Requiring Action by Authority A. Final Order 2021-01 – Annual Price Index page 4 B. Annual Election of Officers page 34 V. Staff Discussion A. Ave Maria Utility Company Developer Agreements page 35 B. Follow up on requests from meeting of July 20, 2020 VI. Open to the Public VII. Authority Members Discussion VIII. Adjourn July 20, 2020 MINUTES OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY MEETING Naples, Florida, July 20, 2020 LET IT BE REMEMBERED, 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 Department Building Conference Room 609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr. Sherwin Ritter (Excused) VICE CHAIRMAN: Patricia Sherry Eloy Ricardo Ruchi Arora Michelle McLeod ALSO PRESENT: Ken Kovensky, Director, Operations and Regulatory Management Heidi Ashton-Cicko, Managing Assistant County Attorney Rady Edreva, Senior Management/Budget Analyst 1 July 20, 2020 I.Call to Order (Determination of Quorum) and Roll Call Vice Chairman Sherry called the meeting to order at 2:00 P.M. Roll call was taken and a quorum was established. II.Approval of Agenda – Meeting of July 20, 2020 Ms. Arora moved to approve the Agenda. Second by Mr. Ricardo. Carried unanimously 4 - 0. III.Approval of Minutes – Meeting of October 21, 2019 Mr. Ricardo moved to approve the minutes of the October 21, 2019 meeting as presented. Second by Ms. Arora. Carried unanimously 4 - 0. IV.Items Requiring Action by Authority A.Final Order 2020-01 – Annual Price Index Mr. Kovensky presented Final Order 2020-01 for consideration. He noted the request is for the Authority to approve the Final Order which establishes a 2020 Price Index of 1.79 percent for investor owned water and/or wastewater utilities. The Price Index needs to be approved by May 15th annually however the pandemic interfered with the normal schedule. The Authority currently regulates two utilities in the County, Ave Maria Utility Company and North Marco Utilities Company. Ms. Arora moved to approve Final Order 2020-01, establishing the 2020 Price Index of 1.79 percent for investor-owned water and wastewater utilities operating in unincorporated Collier County and the City of Marco Island. Second by Mr. Ricardo. Carried unanimously 4 – 0. The Authority requested Staff to determine if the Florida Public Service Commission uses the State or National GDP in its price index calculations for rate increases and report their findings to the Members. B.Annual Election of Officers Ms. Arora nominated Patricia Sherry as Chairman of the Collier County Water and Wastewater Authority. Second by Mr. Ricardo. Carried unanimously 4 – 0. Ms. McLeod nominated Mr. Ricardo as Vice Chairman of the Collier County Water and Wastewater Authority. Second by Ms. Arora. Carried unanimously 4 – 0. V.Staff Discussion A.Ave Maria Utility Company Rate Relief Mr. Kovensky reported Ave Maria Utility sought rate relief for their customers on April 28 by eliminating their top tier usage and capping it a lower rate. Normally, the Authority would review such a request, but given it was made during the pandemic and related shutdown, it was granted by staff. The rate reduction was effective from May 1 – July 1, 2020. The concept of granting rebates or some other types of credits for customers was investigated but determined to be unfeasible at the time. Mr. Ricardo moved to ratify staff’s decision to grant Ave Maria Utility’s request to temporarily lower their rates as proposed by the Utility. Second by Ms. Arora. Carried unanimously 4 – 0. 2 July 20, 2020 B.Ave Maria Utility Company Developer Agreements Mr. Kovensky provided copies of Ave Maria Developer Agreements for the record. The agreements are required to ensure the utility has the capacity to provide service to new construction. The Authority requested staff to provide: •The capacity currently dedicated for service for Ave Maria Utility Company versus the current use. •A summary sheet when providing future Ave Maria Developer Agreements Total number of dwelling units planned in the Ave Maria community versus total sold. Miscellaneous Mr. Kovensky; •Introduced new staff member Rady Edreva to the Authority. •Requested the members notify him on their preference for receiving meeting packages (paper copy, electronic copy, both, etc.). VI.Open to Public None VII.Authority Member Discussion None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:27 P.M. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Patricia Sherry, Chairman These Minutes were approved by the Authority on , as presented , or as amended . 3 TO: Chairman, Collier County Water and Wastewater Authority FROM: Radoslava Edreva, Financial and Operations Manager, Growth Management Department THROUGH: Kenneth Kovensky, Executive Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management Department SUBJECT: Authority Agenda Item – April 19, 2021 Final Order No. 2021-01 DATE: April 1, 2021 RECOMMENDATION: That the Authority approve Final Order No. 2021-01, establishing the 2021 Price Index Factor for investor-owned water and/or wastewater utilities operating in Collier County and in the City of Marco Island. REQUESTED APPROVAL: Request the Authority reviews the attached Florida Public Service Commission (FPSC) Order No. PSC-2020-0493-PAA-WS issued December 14, 2020, establishing the 2021 Price Index of 1.17 percent; and approve Final Order No. 2021-01, establishing the equivalent 2021 Price Index for investor-owned utilities operating in Collier County and the City of Marco Island. REPORT: Section 1-6(I), Collier County Ordinance No. 96-6, as amended, requires the Authority to adopt a price index for investor-owned water and/or wastewater utilities no later than May 15th of each year, equivalent to the price index established annually by the FPSC. The 2021 Price Index was made effective on January 7, 2021, via the FPSC’s Consummating Order PSC-2021-0028- CO-WS. The index is applied to the major categories of operation and maintenance costs incurred by water and/or wastewater utilities, except for the amortization of rate case expenses and those operating costs subject to pass-through adjustments, reflecting the percentage of increase (or decrease) of such costs from the most recent 12-month historical period available. The maximum allowable increase resulting from the application of the 2021 Price Index can be no greater than 1.17 percent. Staff recommends adoption of Final Order No. 2021-01, approving the 2021 Price Index and the forms required for filing the price index adjustment. 4 FILED 12/14/2020 DOCUMENT NO. 13462-2020 FPSC -COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367 .081(4)(a), F .S . DOCKET NO. 20200005-WS ORDER NO. PSC-2020-0493-PAA-WS ISSUED: December 14 , 2020 The following Commissioners participated in the di sposition of this matter: GARY F. CLARK, Chairman ART GRAHAM JULIE I. BROWN DONALD J. POLMANN ANDREW GILES FAY NOTICE OF PROPOSED AGENCY ACTION ORDER EST AB LIS HING 2021 PRICE INDEX FOR WATER AND WASTEWATER UTILITIES BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029, Florida Administrative Code (F.A .C .). Background Since March 31, 1981, pursuant to the guidelines established by Section 367 .081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, F.A.C., we have established a price index increase or decrease for major categories of operating costs on or before March 31 of each year. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case. This Order calculates the 2021 price index by comparing the Gross Domestic Product Implicit Price Detlator Index for the fiscal year ended September 30, 2020. This same procedure has been u sed each year s ince 19 95 to calculate the price index . The U.S . Department of Commerce, Bureau of Economic Analysis, released its most recent third quarter figures on October 29, 2020. Since March 31, 1981, this Commission has received and processed approximately 3,800 index and pass through applications. We have jurisdiction over this matter pursuant to Section 367.081, F.S. 5 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS PAGE 2 Decision In 1993, the Gross Domestic Product Implicit Price Deflator Index (GDP) was established as the appropriate measure for determining the water and wastewater price index. At the same time, the convention of using a four quarter fiscal year comparison was also established and this practice has been used every year since then.1 The GDP is prepared by the U.S. Department of Commerce. Prior to that time, the Gross National Product Implicit Price Deflator Index (GNP) was used as the indexing factor for water and wastewater utilities. The Department of Commerce switched its emphasis from the GNP to the GDP as the primary measure of U.S. production. Pursuant to Section 367.081(4)(a), F.S., this Commission, by order, shall establish a price increase or decrease index for major categories of operating costs incurred by utilities subject to its jurisdiction reflecting the percentage of increase or decrease in such costs from the most recent 12-month historical data available. Since 1995, the price index adjustment has been determined by comparing the change in the average GDP for the year ending September 30, instead of the original December 31, in order to more easily meet the statutory deadline.2 In Order No. PSC-2019-0525-PAA-WS, issued December 17, 2019, in Docket No. 20190005-WS, in keeping with the practice started in 1993, we reiterated the alternatives which could be used to calculate the indexing of utility revenues. Past concerns expressed by utilities, as summarized from utility input in previous hearings, are: 1) Inflation should be a major factor in determining the index; 2) Nationally published indices should be vital to this determination; 3) Major categories of expenses are labor, chemicals, materials and supplies, maintenance, transportation, and treatment expense; 4) An area wage survey, Dodge Building Cost Index, Consumer Price Index, and the GDP should be considered; 5) A broad measure index should be used; and 6) The index procedure should be easy to administer. Based upon these concerns, we have previously explored the following alternatives: 1) Survey of Regulated Water and Wastewater Utilities; 1 Order No. PSC-1993-0195-FOF-WS, issued February 9, 1993, in Docket No. 19930005-WS, In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367.081(4)(a), F.S. 2 Order No. PSC-1995-0202-FOF-WS, issued February 10, 1995, in Docket No. 19950005-WS, In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367.081(4)(a), F.S. 6 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS PAGE 3 2) Consumer Price Index; 3) Florida Price Level Index; 4) Producer Price Index – previously the Wholesale Price Index; and 5) GDP (replacing the GNP). Over the years, we found that the Survey of Regulated Water and Wastewater Utilities should be rejected because using the results of a survey would allow utilities to pass on to customers all cost increases, thereby reducing the incentives of promoting efficiency and productivity. We have also found that the Consumer Price Index and the Florida Price Level Index should be rejected because of their limited degree of applicability to the water and wastewater industry. Both of these price indices are based upon comparing the advance in prices of a limited number of general goods and, therefore, appear to have limited application to water and wastewater utilities. We further found that the Producer Price Index (PPI) is a family of indices that measure the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller, not the purchaser, and therefore should be rejected. The bases for these indices have not changed, and the conclusions reached in Order No. PSC-2019-0525-PAA-WS continue to apply in this case. Since 1993, we have found that the GDP has a greater degree of applicability to the water and wastewater industry. Therefore, we shall continue to use the GDP to calculate water and wastewater price level adjustments. We shall calculate the 2021 Price Index by using a fiscal year, four quarter comparison of the Implicit Price Deflator Index ending with the third quarter of 2020. The following information provides a historical perspective of the annual price index: Table 0-1 Historical Analysis of the Annual Price Index for Water and Wastewater Utilities Year Commission Approved Index Year Commission Approved Index 2009 2.55%2015 1.57% 2010 0.56%2016 1.29% 2011 1.18%2017 1.51% *2012 2.41%2018 1.76% 2013 1.63%2019 2.36% 2014 1.41%2020 1.79% 7 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS PAGE 4 The table below shows the historical participation in the Index and/or Pass-Through programs: Table 0-2 Percentage of Jurisdictional Water and Wastewater Utilities Filing for Indexes and Pass-Throughs Year Percentage Year Percentage 2009 53%2015 49% 2010 29%2016 38% 2011 43%2017 37% 2012 30%2018 42% 2013 41%2019 60% 2014 39%2020 43% Appropriate Rates for the 2021 Index The U.S. Department of Commerce, Bureau of Economic Analysis, released the most recent third quarter 2020 figures on October 29, 2020. Consistent with our establishment of the 2020 Price Index last year, we are using the third quarter 2020 amounts to calculate our approved 2021 Price Index. Using the third quarter amounts allows time for a hearing if there is a protest, in order for this Commission to establish the 2021 Price Index by March 31, 2021, in accordance with Section 367.081(4)(a), F.S. The percentage change in the GDP using the fiscal year comparison ending with the third quarter is 1.17 percent. This number was calculated as follows. GDP Index for the fiscal year ended 9/30/20 113.849 GDP Index for the fiscal year ended 9/30/19 112.531 Difference 1.318 Divided by 9/30/19 GDP Index 112.531 2021 Price Index 1.17% Notice of Indexing Requirements The package presented in Attachment 1 shall be mailed to every regulated water and wastewater utility after the expiration of the PAA protest period, along with a copy of the PAA order once final. The entire package shall also be made available on this Commission’s website. In an effort to increase the number of water and wastewater utilities taking advantage of the annual price index and pass-through programs, the attached cover letter (Attachment 2) from the Director of the Division of Accounting and Finance shall be included with the mailing of the PAA Order in order to explain the purpose of the index and pass-through applications and to communicate that Commission staff is available to assist them. 8 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS PAGE 5 Closure of Docket Uniform Rule 25-22.029(1), F.A.C., contains an exception to the procedural requirements set forth in Uniform Rule 28-106.111, F.A.C., providing that “[t]he time for requesting a Section 120.569 or 120.57 hearing shall be 14 days from issuance of the notice for PAA orders establishing a price index pursuant to Section 367.081(4)(a), F.S.” We therefore require any protest to the PAA Order in this docket be filed within 14 days of the issuance of the PAA Order, and that any party filing the protest shall prefile testimony with the protest. Upon expiration of the protest period, if a timely protest is not received, the decision shall become final and effective upon the issuance of a Consummating Order. However, this docket shall remain open through the end of the year and be closed upon the establishment of the new docket in January 2021. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the Gross Domestic Product Implicit Price Deflator Index is approved for use in calculating price level adjustments. It is further ORDERED that the 2020 Price Index for water and wastewater utilities shall be 1.17%. It is further ORDERED that pursuant to Rule 25-30.420(1), F.A.C., the Office of Commission Clerk, after the expiration of the Proposed Agency Action (PAA) protest period, shall mail each regulated water and wastewater utility a copy of the PAA order establishing the index containing the information presented in Attachment 1. A cover letter from the Director of the Division of Accounting and Finance shall be included with the mailing of the order (Attachment 2). The entire package shall also be made available on the Commission’s website. It is further ORDERED that any substantially affected person filing a protest to this order shall do so within 14 days of the issuance of this order. It is further ORDERED that any substantially affected person filing a protest to this order shall pre- file direct testimony with the protest. It is further ORDERED that the provisions of this Order, issued as proposed agency action, shall become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the “Notice of Further Proceedings” attached hereto. It is further ORDERED that in the event this Order becomes final, this docket shall remain open through the end of the year and be closed upon the establishment of the new docket in January 2021. 9 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS PAGE6 By ORDER of the Florida Public Service Commission this 14th day of December, 2020. SPS }J ADAMJ. Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www .floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on December 28 , 2020 . In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. 10 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 7 Page 1 of 8 11 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 8 Page 2 of 8 12 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 9 Page 3 of 8 13 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 10 Page 4 of 8 14 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 11 Page 5 of 8 15 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 12 Page 6 of 8 16 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 13 Page 7 of 8 17 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 1 PAGE 14 Page 8 of 8 18 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 2 PAGE 15 COMMISSIONERS: GARY F. CLARK, CHAIRMAN ART GRAHAM JULIE I. BROWN DONALD J. POLMANN ANDREW GILES FAY STATE OF FLORIDA DIVISION OF ACCOUNTING AND FINANCE ANDREW L. MAUREY DIRECTOR (850) 413-6900 Public Service Commission Month Day, 2021 All Florida Public Service Commission Regulated Water & Wastewater Utilities Re: Docket No. 20200005-WS - 2021 Price Index Dear Utility Owner: Since March 31, 1981, pursuant to the guidelines established by Section 367.081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, Florida Administrative Code (F.A.C.), the Commission has established a price index increase or decrease for major categories of operating costs. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case. The intent of this rule is to insure that inflationary pressures are not detrimental to utility owners, and that any possible deflationary pressures are not adverse to rate payers. By keeping up with index and pass-through adjustments, utility operations can be maintained at a level sufficient to insure quality of service for the rate payers. Pursuant to Rule 25-30.420(1)(a), F.A.C., all operation and maintenance expenses shall be indexed with the exception of: a) Pass-through items pursuant to Section 367.081(4)(b), F.S.; b) Any amortization of rate case expense; and c) Disallowances or adjustments made in an applicant's most recent rate proceeding. Please note that all sludge removal expense should now be removed from operation and maintenance expenses for the purpose of indexing. Incremental increases in this category of expense may now be recovered using a pass-through request. 19 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 2 PAGE 16 All Florida Public Service Commission Regulated Water & Wastewater Utilities Page 2 Month Day, 2021 Upon the filing of a request for an index and/or pass-through increase, staff will review the application and modify existing rates accordingly. If for no other reason than to keep up with escalating costs, utilities throughout Florida should file for this rate relief on an annual basis. Utilities may apply for a 2021 Price Index anytime between April 1, 2021, through March 31, 2022 by mail or by emailing Applications@psc.state.fl.us. The attached package will answer questions regarding what the index and pass-through rate adjustments are, how to apply for an adjustment, and what needs to be filed in order to meet the filing requirements. While this increase for any given year may be minor, (see chart below), the long-run effect of keeping current with rising costs can be substantial. Year Annual Commission Approved Index Year Annual Commission Approved Index 1996 2.49% 2009 2.55% 1997 2.13% 2010 0.56% 1998 2.10% 2011 1.18% 1999 1.21% 2012 2.41% 2000 1.36% 2013 1.63% 2001 2.50% 2014 1.41% 2002 2.33% 2015 1.57% 2003 1.31% 2016 1.29% 2004 1.60% 2017 1.51% 2005 2.17% 2018 1.76% 2006 2.74% 2019 2.36% 2007 3.09% 2020 1.79% 2008 2.39% 2021 1.17% Please be aware that pursuant to Section 837.06, F.S., whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree. Our staff is available at (850) 413-6900 should you need assistance with your filing. If you have any questions, please do not hesitate to call. Moreover, additional rate relief mechanisms are available to water and wastewater utilities as alternatives to full rate cases. Water and wastewater utilities whose total gross annual operating revenues are $300,000 or less for water service or $300,000 or less for wastewater service, or $600,000 or less on a combined basis, may petition the Commission for staff assistance in alternative rate setting. Please refer to Rule 25-30.456, F.A.C., for additional details. Furthermore, water utilities whose total gross annual operating revenues are $300,000 or less for water service and wastewater utilities whose total gross annual operating revenues are $300,000 or less for wastewater service may file an application for a limited alternative rate increase of up 20 ORDER NO. PSC-2020-0493-PAA-WS DOCKET NO. 20200005-WS Attachment 2 PAGE 17 or less for wastewater service may file an application for a limited alternative rate increase of up to 20 percent applied to metered or flat recurring rates of all classes of service. Please refer to Rule 25-30.457, F.A.C., for additional details. In addition, the Commission reminds water and wastewater utilities that the Utility Reserve Fund exists to help address concerns over deferred maintenance of critical infrastructure and delays in necessary repairs. The availability of the reserve funds may allow a utility to avoid or defer the need for a future rate case, the expenses of which are ultimately borne by ratepayers. Please refer to Rule 25-30.444, F.A.C., for additional details. Sincerely, Andrew L. Maurey Director Enclosures 21 FILED 1/7/2021 DOCUMENT NO. 00579-2021 FPSC -COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367.081(4 (a), F.S . DOCKET NO. 20210005-WS ORDER NO. PSC-2021-0028-CO-WS ISSUED: January 7, 2021 CONSUMMATING ORDER BY THE COMMISSION: By Order No . PSC-2020-0493-PAA-WS, issued December 14, 2020, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC-2020-0493- p AA-WS has become effective and final. It is further SPS ORDERED that this docket shall remain open. By ORDER of the Florida Public Service Commission this 7th day of January. 2021. Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc .com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. 22 ORDER NO. PSC-2021-0028-CO-WS DOCKET NO. 20210005-WS PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission’s final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 23 DOCKET NO . 20210005-WS FILED 1/4/2021 DOCUMENT NO. 00005-2021 FPSC -COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367 .081(4)(a), F .S. DOCKET NO. 20200005-WS DOCKET NO. 20210005-WS ORDER NO. PSC-2021-0005-PCO-WS ISSUED: January 4, 2021 ORDER ESTABLISHING 2021 DOCKET NUMBER BY THE COMMISSION: In order to avoid confusion and reduce administrative handling problems in this active and continuing docket, we are establishing a new docket number for the calendar year 2021. Beginning January 4, 2021, Docket No. 20200005-WS, Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water a nd wastewater utilities pursuant to Section 367.081(4)(a), F .S., will be identified as Docket No. 20210005-WS. The establishment of a new docket number is for administrative convenience only and the Commission retains its continuing jurisdiction over matters considered in previous planning dockets . The new docket number will be used by a ll parties on the effective date of January 4, 2021, and thereafter. Intervenors will not remain as parties to this docket unless they notify the Office of Commission C lerk in writing of their intent to remain parties. Intervenors and interested persons must reestablish their status in order to remain on the docket mailing list. It is therefore ORDERED by the Florida Public Service Commission that beginning January 4, 2021, all matters previously the subject of Docket No. 20200005-WS, shall be part of Docket No. 20210005-WS. It is further ORDERED that the Commission sha ll retain jurisdiction over matters considered m previous conservation cost recovery dockets. 24 ORDER NO. PSC-2021-0005-PCO-WS DOCKET NO. 20200005-WS, 20210005-WS PAGE2 By ORDER of the Florida Public Service Commission this 4th day of January, 2021. ss Commission Florida Public Ser i , e Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9 .100, Florida Rules of Appellate Procedure. 25 ATTACHMENT “A” Final Order No. 2021-01 RE: Establishment of 2021 Price Index Factor April 19, 2021 Collier County Water and Wastewater Authority 26 FINAL ORDER NO. 2021-01 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-6, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, PROVIDING FOR THE ADOPTION OF THE 2021 PRICE INDEX FACTOR SET ANNUALLY BY THE FLORIDA PUBLIC SERVICE COMMISSION, FOR UTILIZATION IN PRICE INDEX RATE APPLICATIONS FOR NONEXEMPT WATER AND/OR WASTEWATER UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER COUNTY AND THE CITY OF MARCO ISLAND, FLORIDA. WHEREAS, Collier County Ordinance No. 96-6, as amended, provides for the Collier County Water and Wastewater Authority (AUTHORITY) to adopt a price index factor for water and/or wastewater utilities on or before May 15th of each calendar year for the utilization in price index rate application; and WHEREAS, Collier County Ordinance No. 96-6, as amended, provides that the price index factor shall be equivalent to the price index factor set annually by the Florida Public Service Commission (COMMISSION); and WHEREAS, the COMMISSION issued Order No PSC-2020-0493-PAA-WS on December 14, 2020, establishing the 2021 Price Index of 1.17 percent for water and/or wastewater utilities; and WHEREAS, the COMMISSION issued Consummating Order No. PSC-2021- 0028-CO-WS on January 7, 2021, enabling Order No. PSC-2020-0493-PAA-WS to become final and effective on January 7, 2021. NOW, THEREFORE, IT IS HEREBY ORDERED by the Collier County Water and Wastewater Authority, in public meeting assembled, that: 1. The 2021 Price Index is 1.17 percent. 2.Any water and/or wastewater utility that intends to increase its rates by implementation of this price index must notify the AUTHORITY on or after the effective date of this Final Order of such intent and shall apply the 2021 Price Index to applicable 2020 calendar year operation and maintenance expenses. 3.Utilities using the 2021 Price Index shall use the forms attached as Appendices “A”, “B”, “C” and “D”, and shall follow all price index application requirements specified in Collier County Ordinance No. 96-06, as amended, before implementing any index. 4.This Order shall become effective upon adoption by the AUTHORITY and shall remain in effect until the AUTHORITY authorizes a change. 27 This Final Order adopted this 19th day of April 2021, after motion, second, and majority vote favoring the same. Approved as to form COLLIER COUNTY WATER AND and legality: WASTEWATER AUTHORITY __________________ ______________________________ Heidi Ashton-Cicko PATRICIA SHERRY, CHAIRMAN Managing Assistant County Attorney 28 APPENDIX “A” 2021 PRICE INDEX APPLICATION TEST YEAR ENDED DECEMBER 31, 20201 Utility: __________________________________ WATER WASTEWATER 2020 Operation and maintenance Expenses (O&M) ___________ ___________ LESS: (a) Pass-Through Items: (1) Purchased Power ___________ ___________ (2) Purchased Water ___________ ___________ (3) Purchased Sewage ___________ ___________ Treatment (4) Other2: _____________ ___________ ___________ (b) Rate Case Expenses Included In 2020 Expenses ___________ ___________ (c) Adjustments to O&M Expenses from last rate case, if applicable: (1) ____________________ ___________ ___________ (2) ____________________ ___________ ___________ Costs to be Indexed ___________ ___________ Multiply by the 2021 Price Index Factor 0.0117 0.0117 Indexed Costs ___________ ___________ Add: Pass-Through Items ___________ ___________ Total of Indexed Costs and Pass-Through Items ___________ ___________ Divide Total of Indexed Costs and Pass-Through Items by Expansion Factor for Regulatory Assessment Fees 0.980 0.980 Increase in Revenue ___________ ___________ Divide by 2020 Annualized Revenue3 ___________ ___________ Percentage Increase in Rates ___________ ___________ 1This amount should be for the calendar year 2020. If the utility is on a fiscal year, a pro rata distribution between the utility’s two affected annual reports should be included as a supplemental attachment. The annual reports or general ledgers should be used as the source document(s). The utility is required to send a worksheet showing the pro rata distribution. 2If applicable, deduct on this line any other expenses for which a pass-through has been received. Specify the type of expense, which is being deducted. 3If rates changed during or subsequent to calendar year 2020, the book revenues must be adjusted to show the changes and an explanation of the calculation should be attached to this form. (See Appendix “B” for instructions and sample format.) 29 APPENDIX “B” ANNUALIZED REVENUE WORKSHEET Have rates charged for customer services changed since January 1, 2020? ( ) If no, the utility should use actual revenues. This form may be disregarded. ( ) If yes, the utility must annualize its revenues. Complete the remainder of this form. Annualizing calculates the revenue the utility would have earned based upon 2020 customer consumption at the most current rates in effect. To complete this calculation, the utility will need consumption data for 2020 to apply to the existing rate schedule. Below is a sample, which may be used. CALCULATION OF ANNUALIZED REVENUES1 Number of Bills/ Current Annualized Gallons Sold x Rates Revenues Residential Bills: 5/8” x ¾” meters __________ _________ __________ 1” meters __________ _________ __________ 1 ½” meters __________ _________ __________ 2” meters __________ _________ __________ Total No. Bills __________2 _________2 __________2 Gallons Sold __________ _________ __________ Other Revenue __________ General Service: 5/8” x ¾” meters __________ _________ __________ 1” meters __________ _________ __________ 1 ½” meters __________ _________ __________ 2” meters __________ _________ __________ 3” meters __________ _________ __________ 4” meters __________ _________ __________ 6” meters __________ _________ __________ Total No. Bills __________2 _________2 __________2 Gallons Sold __________ _________ __________ Other Revenue __________ Total Annualized Revenues for 2020 $__________ 1Annualized revenues must be calculated separately if the utility consists of both a water system and a sewer system. This form is designed specifically for utilities using a base facility charge rate structure. If annualized revenues must be calculated and further assistance is needed, contact the Utility Regulation Staff at (239) 252-8745. 2Complete only if billing charge is separate. 30 APPENDIX “C” AFFIDAVIT I, ________________________, UNDER OATH hereby affirms that I am the duly authorized representative of ___________________________ and that the figures and calculations upon which the change in rates is based are accurate and that the change will not cause said to exceed its last authorized or calculated rate of return, which is ____________%. This affidavit is made pursuant to this utility’s request for a 2021 price index rate increase. ____________________________________ Title (Print Name) Subscribed and sworn (or affirmed) to before me by _____________________________________ on ______________________, 20____, who is personally known to me produced _________________as identification _______________________________ (Printed Name of Notary) My Commission Expires: 31 APPENDIX “D” NOTICE TO CUSTOMERS On April 19th, 2021, the Collier County Water and Wastewater Authority adopted provisions permitting water and wastewater utilities to adjust the rates it charges to its customers without those customers bearing the additional expense of a public hearing. The adjustments in rates would depend on increases or decreases in non-controllable expenses subject to inflationary pressures such as chemicals, and other operational and maintenance costs. On ______________, ________________________________ filed notice of intent with the Growth Management Department (GMD) Operations & Regulatory Management Division, to increase water and wastewater rates as a result of this action. If acknowledged and approved by the Collier County Water and Wastewater Authority, water rates will increase by approximately _______% and wastewater rates by ________%. The adjusted rates should be reflected on your __________ bill. Should you have any questions, please contact your local utility office. Be sure to have your account number handy for quick reference. Customers may also direct inquiries to the GMD Operations & Regulatory Management Division, 2800 Horseshoe Drive North, Naples, Florida 34104 at (239) 252-8745. 32 NOTICE OF PUSLIC MEEflN6 1610 MONDAY, APRIL 19,2021 2:00 P.M. A FINAL OROER OF THE COIII' ER COUNTY WATER A]'ID WASTEWATER AUTHORTTY, PURSUANT TO SECTION 1.5. COLLIER COUNTY ORDINANCE NO. 96.6. AS AMENDED, PRO- VIDING FOR THE ADOPT|ON OF THE 2021 PRICE INDEX fACTOR SET ANNUALLY iY THE FLORIDA PUBLIC SERVICE .oMMrsstoN. foR urLrzA- TION IN PRICE INDEX RATE AP- PLTCAT|ONS fOR NONEXEMPTI warER AND/oR wasrEwA' TER UTILITIES PROVIDING SERVICE IN UNINCORPORATED COLLIER COUNTY ANO THE CITY OF MARCO ISIANO, FLORIDA, COLLIER COU TY WATER ANO WASTEWATER AUTHORTTY PATRICIA SHERRY, CHAIRMAN 33 TO: Chairman, Collier County Water and Wastewater Authority FROM: Radoslava Edreva, Finance and Operations Manager, Growth Management Department SUBJECT: Authority Agenda Item – April 19, 2021 Annual Election of Officers – Chairman and Vice Chairman DATE: April 1, 2021 RECOMMENDATION: That the Authority elect a Chairman and Vice Chairman to serve the Authority as officers for the coming year. REQUESTED ACTION: That the Authority, by nomination and vote, select a Chairman and Vice Chairman to serve a term of one year, pursuant to Ordinance No. 96-6, as amended. REPORT: The Collier County Water and Wastewater Authority was established by Ordinance 96-6 on February 27, 1996. The Board of County Commissioners appointed the original members to the Authority on May 21, 1996. The last election was held on July 20, 2020, and the Authority has not met in an official capacity since July 20, 2020. In previous years, the chairman and vice chairman positions have been elected by fellow Authority members. After selection by majority vote, staff recommends the outgoing chairman pass the gavel to the incoming chairman, thus turning the meeting over to the new chairman. 34 WaterBuilder Development NameAgreement date # of ResidencesPublic Institutions per person no kitchenPublic Institutions per meal prepared# of Other UnitsTotal # Units # of ERCsLennar HomesNational Golf & Country Club Multi‐Family Phase 15/29/20201225 127 127Collier County BCC Immokalee Fire Station #327/14/2020175 96.19 118.19 13.26Lennar HomesNational Golf & Country Club Multi‐Family Phase 110/2/202038.97 38.97 19.3CC Ave Maria, LLC Maple Ridge Phase 6C10/22/20205656 56Pulte Home Company LLC Del Webb Parcel 11111/11/20204848 48Lennar HomesNational Golf & Country Club Phase 22/11/20214747 47Lennar HomesNational Golf & Country Club Multi‐Family Phase 22/11/2021100100 100Total new ERC373175 140.16535.16410.56WastewaterBuilder Development NameAgreement date # of ResidencesPublic Institutions per person no kitchenPublic Institutions per meal prepared# of Other UnitsTotal # Units # of ERCsLennar HomesNational Golf & Country Club Multi‐Family Phase 15/29/20201225 127 127Collier County BCC Immokalee Fire Station #327/14/2020175 96.19 118.19 13.06Lennar HomesNational Golf & Country Club Multi‐Family Phase 110/2/202026.97 26.97 1.7CC Ave Maria, LLC Maple Ridge Phase 6C10/22/20205656 56Pulte Home Company LLC Del Webb Parcel 11111/11/20204848 48Lennar HomesNational Golf & Country Club Phase 22/11/20214747 47Lennar HomesNational Golf & Country Club Multi‐Family Phase 22/11/2021100100 100Total new ERC373175 128.16523.16392.76Ave Maria Utility Company Developer Agreements listCCWWA meeting April 19, 2021 Agenda Item V.A35 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 August 17, 2020 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreements – 002-19 National G&C Multi-Family Ph 1 Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – National Golf &Country Multi-Family Phase 1 executed between Ave Maria Utility Company, LLLP and Lennar Homes, LLC. This agreement is subject to the general terms of the Master Developer Agreement – National Golf &Country Club @ Ave Maria executed on December 5, 2019. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.39 MGD and 1.20 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .509 MGD and .452 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239.348.0248. Regards, Tammy Smith Customer Service Manager File – AMUC Project # 002-19 National G&C Multi-Family Ph 1 36 1 This Instrument prepared by and and should be returned to: Sundstrom, & Mindlin, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850) 877-6555 MASTER DEVELOPER AGREEMENT NATIONAL GOLF AND COUNTRY CLUB AT AVE MARIA THIS MASTER AGREEMENT, made as of this 5th day of December 2019, between LENNAR HOMES, LLC ("Developer"), and AVE MARIA UTILITY COMPANY, LLLP, a Florida limited liability limited partnership ("Utility"). RECITALS WHEREAS, the Developer is or will be the owner of land in Collier County, Florida within the development known as Ave Maria, more particularly described in Exhibit “A” and incorporated herein by reference (“Property”); and, WHEREAS, the Utility owns and operates or will own and operate a potable water production, treatment, storage, transmission and distribution system and a sanitary wastewater collection, treatment and effluent disposal system; and, WHEREAS, subject to the terms and conditions of this Master Agreement, the Developer desires to obtain, and the Utility desires to provide, water and wastewater service to the Property; and, WHEREAS, the purpose of this Master Agreement is to set forth the general terms and conditions under which the Utility will extend and provide water and wastewater service to the Property, subject to the take down of specific capacity for a given phase of development through a subsequent Developer Phase Agreement(s) to this Master Agreement; and NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Utility and Developer agree as follows: 1.Definitions. For the purpose of this Master Agreement, the following terms shall have the following meanings: a.Active Connection - A physical connection to the Utility's water and/or wastewater system at the Point of Delivery, whether or not service is currently being provided. b. Authority – The Collier County Water and Sewer Authority. 37 38 39 40 41 42 43 44 45 46 47 48 49 14 whether due to existing or future rules, regulations, orders, laws, or proclamations either federal, state or county, civil or military; adoption of new or modification of existing rules by a Governmental Agency; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of Utility and which by exercise of due diligence Utility is unable to overcome. 9.Miscellaneous. a.This Master Agreement shall be effective and its terms and conditions binding on the parties unless (i) Utility receives a notice of disapproval from the Authority, in which event this Master Agreement shall be null and void, or (ii) the Authority requires any modifications or amendments of the terms of this Master Agreement, in which event this Master Agreement shall, at the option of Utility, be null and void or be modified or amended accordingly. This Master Agreement is subject to Utility’s Water Tariff and Wastewater Tariff. If a conflict between this Master Agreement and either of Utility’s Tariffs exists, the Tariff(s) shall control. b.Developer is subject to Utility’s Technical Standards and Specifications. This Master Agreement shall be construed in a manner that is consistent with the terms and conditions of Utility’s Technical Standards and Specifications. Nothing in this Master Agreement is intended to modify or otherwise limit Developer’s obligation to adhere to Utility’s Technical Standards and Specifications. Unless expressly modified in this Master Agreement or as provided in Utility’s Technical Standards and Specifications, the terms and conditions set forth in Utility’s Technical Standards and Specifications shall remain in full force and effect and not modified by this Master Agreement. c.This Master Agreement shall be binding upon and shall inure to the benefit of Developer, Utility and their respective assigns and successors by merger, consolidation or conveyance. This Master Agreement shall not be sold, conveyed, assigned, transferred or otherwise disposed of by Developer without the written consent of Utility first having been obtained, except in the case of a bona fide sale of the Property by Developer to a third party, in which event consent shall not be unreasonably withheld. Any such attempt not authorized by Utility in writing shall be void ab initio. d.Until further written notice by either party to the other, all notices provided for herein shall be in writing and delivered by U.S. certified mail, and if to Developer, at: LENNAR HOMES, LLC 10481 Ben C Pratt / Six Mile Cypress Parkway Fort Myers, FL 33966 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 September 10, 2020 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreement – 001-19 Immokalee Fire Station #32 Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – Immokalee Fire Station #32 executed between Ave Maria Utility Company, LLLP and Collier County Government. This agreement is subject to the general terms of the Master Developer Agreement-Immokalee Fire Station #32 executed on July 14, 2020. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.39 MGD and 1.20 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .654 MGD and .689 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239-348- 0248. Thank You, Tammy Smith Customer Service Manager c: Radoslava Edreva File – AMUC Project # 001-19 Immokalee Fire Station #32 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 WATER UNIT TYPE # OF UNITS ERC FACTOR # OF ERC'S CHARGE/ERC SYSTEM CAPACITY CHARGE Apartments 214 GPD(1)0.778 - $ 649.48 $ - Public institutions (not schools/hospitals) per person no kitchen 17 111 GPCD 0.404 6.86 $ 649.48 $ 4,456.61 Per Meal Prepared 5 5.6 GPCD 0.020 0.10 $ 649.48 $ 65.54 Country Clubs (per member)25 GPCD 0.091 - $ 649.48 $ - Day Schools (students and staff)22 GPCD 0.080 - $ 649.48 $ - Hospitals (with laundry)250 GPD/BED 0.909 - $ 649.48 $ - Hospitals (without laundry)90 GPD/BED 0.327 - $ 649.48 $ - Hotels and Motels 63 GPD/RM 0.229 - $ 649.48 $ - Laundromats 450 GPD/WASHER 1.636 - $ 649.48 $ - Movie Theatres, Auditoriums, Churches (per seat)18 GPD 0.065 - $ 649.48 $ - Restrooms (per water-closet)250 GPD 0.909 - $ 649.48 $ - Storage per unit (up to 200 units)1.1 GPD/UNIT 0.004 - $ 649.48 $ - Storage per unit (per unit over 200 units)2.2 GPD/UNIT 0.008 - $ 649.48 $ - Grounds Maintenance 15 GPCD 0.055 - $ 649.48 $ - Math, Science, and Technology Building (per person)9 GPCD 0.033 - $ 649.48 $ - Library (per person)9 GPCD 0.033 - $ 649.48 $ - Nursing Homes 225 GPD/BED 0.818 - $ 649.48 $ - Self Storage (per employee)16.5 GPDC 0.060 - $ 649.48 $ - Office Buildings 96.19 18 GPD/100 SF 0.065 6.30 $ 649.48 $ 4,089.17 Restaurants (per seat)45 GPCD 0.164 - $ 649.48 $ - Restaurants (fast food) (per seat)30 GPCD 0.109 - $ 649.48 $ - Food Outlet/Concession Stand 10 GPCD 0.036 - $ 649.48 $ - Retail (without kitchen waste)16 GPD/100 SF 0.058 - $ 649.48 $ - Single Family Residential 250 GPD 0.909 - $ 649.48 $ - Stadiums, Ball Parks, etc. (per seat)5 GPD 0.018 - $ 649.48 $ - Townhouse Residences (3) 1,500 SF and less 214 GPD 0.778 - $ 649.48 $ - 1,501 SF or larger 250 GPD 0.909 - $ 649.48 $ - University Undergraduate 36 GPCD 0.131 - $ 649.48 $ - Graduate - Single 54 GPCD 0.196 - $ 649.48 $ - Graduate - Married 86 GPCD 0.313 - $ 649.48 $ - Faculty 12 GPCD 0.044 - $ 649.48 $ - Water System Capacity Total:8,611.32$ Total # of ERC'S:13.26$ WASTEWATER UNIT TYPE # OF UNITS ERC FACTOR # OF ERC'S CHARGE/ERC SYSTEM CAPACITY CHARGE Apartments 214 GPD(1)0.856 - $ 562.82 $ - Public institutions (not schools/hospitals) per person no kitchen 17 100 GPCD 0.400 6.80 $ 562.82 $ 3,827.18 Per Meal Prepared 5 5 GPCD 0.020 0.10 $ 562.82 $ 56.28 Country Clubs (per member)25 GPCD 0.100 - $ 562.82 $ - Day Schools (students and staff)22 GPCD 0.088 - $ 562.82 $ - Hospitals (with laundry)250 GPD/BED 1.000 - $ 562.82 $ - Hospitals (without laundry)90 GPD/BED 0.360 - $ 562.82 $ - Hotels and Motels 63 GPD/RM 0.252 - $ 562.82 $ - Laundromats 450 GPD/WASHER 1.800 - $ 562.82 $ - Movie Theatres, Auditoriums, Churches (per seat)18 GPD 0.072 - $ 562.82 $ - Restrooms (per water-closet)250 GPD 1.000 - $ 562.82 $ - Storage per unit (up to 200 units)1 GPD/UNIT 0.004 - $ 562.82 $ - Storage or RV parking per unit (per unit over 200 units)2 GPD/UNIT 0.008 - $ 562.82 $ - Grounds Maintenance 15 GPCD 0.060 - $ 562.82 $ - Math, Science, and Technology Building (per person)9 GPCD 0.036 - $ 562.82 $ - Library (per person)9 GPCD 0.036 - $ 562.82 $ - Nursing Homes 225 GPD/BED 0.900 - $ 562.82 $ - Self Storage (per employee)15 GPDC 0.060 - $ 562.82 $ - Office Buildings 96.19 16 GPD/100 SF 0.064 6.16 $ 562.82 $ 3,464.81 Restaurants (per seat)45 GPCD 0.180 - $ 562.82 $ - Restaurants (fast food) (per seat)30 GPCD 0.120 - $ 562.82 $ - Food Outlet/Concession Stand 10 GPCD 0.040 - $ 562.82 $ - Retail (without kitchen waste)16 GPD/100 SF 0.064 - $ 562.82 $ - Single Family Residential 250 GPD 1.000 - $ 562.82 $ - Stadiums, Ball Parks, etc. (per seat)5 GPD 0.020 - $ 562.82 $ - Townhouse Residences (3)0.000 1,500 SF and less 214 GPD 0.856 - $ 562.82 $ - 1,501 SF or larger 250 GPD 1.000 - $ 562.82 $ - University 0.000 Undergraduate 36 GPCD 0.144 - $ 562.82 $ - Graduate - Single 54 GPCD 0.216 - $ 562.82 $ - Graduate - Married 86 GPCD 0.344 - $ 562.82 $ - Faculty 12 GPCD 0.048 - $ 562.82 $ - Wastewater System Capacity Total:7,348.27$ Total # of ERC'S:13.06$ (1) GPD - Gallons per day (2) GPCD - Gallons per capita day (3) Condominiums shall be rated in accordance with the type (apartments, townhouses, etc.) Total System Capacity Charge: 15,959.59$ EXHIBIT "B" DAILY FLOWS DAILY FLOWS Immokalee Fire Station #32 98 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 October 5, 2020 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreements – 003-19 National G&C Amenity Center Ph 1 Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – National Golf &Country Amenity Center Phase 1 executed between Ave Maria Utility Company, LLLP and Lennar Homes, LLC. This agreement is subject to the general terms of the Master Developer Agreement – National Golf &Country Club @ Ave Maria executed on December 5, 2019. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.43 MGD and 1.23 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .521 MGD and .438 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239.348.0248. Regards, Tammy Smith Customer Service Manager File – AMUC Project # 003-19 National G&C Amenity Center Ph 1 99 100 101 102 103 104 105 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 October 29, 2020 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreements – 002-20 Maple Ridge Phase 6C Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – Maple Ridge Phase 6C executed between Ave Maria Utility Company, LLLP and CC Ave Maria, LLC. This agreement is subject to the general terms of the Master Developer Agreement – Maple Ridge @ Ave Maria executed on May 22, 2014. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.43 MGD and 1.23 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .667 MGD and .631 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239-348- 0248. Thank You, Tammy Smith Customer Service Manager File – AMUC Project # 002-20 Maple Ridge Phase 6C 106 22ndOctober107 108 109 110 111 112 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 November 18, 2020 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreements – 003-20 Del Webb Parcel 111 Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – Del Webb Parcel 111 executed between Ave Maria Utility Company, LLLP and Pulte Homes Company, LLC. This agreement is subject to the general terms of the Master Developer Agreement – Pulte/TND Communities @ Ave Maria executed on September 9, 2006. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.47 MGD and 1.26 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .667 MGD and .631 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239-348- 0248. Thank You, Tammy Smith Customer Service Manager File – AMUC Project # 003-20 Del Webb Parcel 111 113 11th114 115 116 117 118 119 120 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 February 19, 2021 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreements – 006-20 National G&C Club Ph 2 Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – National Golf &Country Club Phase 2 executed between Ave Maria Utility Company, LLLP and Lennar Homes, LLC. This agreement is subject to the general terms of the Master Developer Agreement – National Golf &Country Club @ Ave Maria executed on December 5, 2019. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.49 MGD and 1.29 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .645 MGD and .581 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239.348.0248. Regards, Tammy Smith Customer Service Manager File – AMUC Project # 006-20 National G&C Club Ph 2 121 122 123 124 125 126 127 128 129 130 131 5076 ANNUNCIATION CIRCLE, SUITE #102 AVE MARIA, FL 34142 TEL 239.348.0248 FAX 239.348.3740 February 19, 2021 Collier County Development Services Center Attn: Kenneth Kovensky 2800 North Horseshoe Drive Naples, FL 34104 Re: Developer Agreements – 007-20 National G&C Multi-Family Ph 2 Ave Maria Utility Company, LLLP Dear Mr. Kovensky: Please find the enclosed copy of the Developer Agreement – National Golf &Country Multi-Family Phase 2 executed between Ave Maria Utility Company, LLLP and Lennar Homes, LLC. This agreement is subject to the general terms of the Master Developer Agreement – National Golf &Country Club @ Ave Maria executed on December 5, 2019. The current amount of capacity reserved at the water and wastewater plants (including this project) are 1.49 MGD and 1.29 MGD, respectively. The water and wastewater plants have a total permitted maximum day operation capacity of 0.999 MGD and 0.9 MGD, respectively and the current Max Daily Flow is .645 MGD and .581 MGD, respectively. If you have any questions concerning the attached Developer Agreement, please contact AMUC at 239.348.0248. Regards, Tammy Smith Customer Service Manager File – AMUC Project # 007-20 National G&C Multi-Family Ph 2 132 133 134 135 136 EXHIBIT "A"137 138 139 140 141 WATER UNIT TYPE # OF UNITS ERC FACTOR # OF ERC'S CHARGE/ERC SYSTEM CAPACITY CHARGE Apartments 238 GPD(1)0.865 - $ 649.48 $- Bars and Cocktail Lounges 10 GPCD(2)0.036 - $ 649.48 $- Boarding Schools (students and staff)94 GPCD 0.342 - $ 649.48 $- Country Clubs (per member)28 GPCD 0.102 - $ 649.48 $- Day Schools (students and staff)25 GPCD 0.091 - $ 649.48 $- Hospitals (with laundry)278 GPD/BED 1.011 - $ 649.48 $- Hospitals (without laundry)100 GPD/BED 0.364 - $ 649.48 $- Hotels and Motels 70 GPD/RM 0.255 - $ 649.48 $- Laundromats 500 GPD/WASHER 1.818 - $ 649.48 $- Movie Theatres, Auditoriums, Churches (per seat)20 GPD 0.073 - $ 649.48 $- Restrooms (per water-closet)275 GPD 1.000 - $ 649.48 $- Storage (per loading bay)111 GPD 0.404 - $ 649.48 $- Student Activity Center 10 GPDC 0.036 - $ 649.48 $- Grounds Maintenance 17 GPCD 0.062 - $ 649.48 $- Math, Science, and Technology Building (per person)10 GPCD 0.036 - $ 649.48 $- Library (per person)10 GPCD 0.036 - $ 649.48 $- Nursing Homes 250 GPD/BED 0.909 - $ 649.48 $- Factory 17 GPDC 0.062 - $ 649.48 $- Office Buildings 18 GPD/100 SF 0.065 - $ 649.48 $- Restaurants (per seat)45 GPCD 0.164 - $ 649.48 $- Restaurants (fast food) (per seat)30 GPCD 0.109 - $ 649.48 $- Food Outlet/Concession Stand 11 GPCD 0.040 - $ 649.48 $- Retail (without kitchen waste)18 GPD/100 SF 0.065 - $ 649.48 $- Single Family Residential 100 180 GPD 1.000 100.00 $ 649.48 $64,948.00 University's Central Plant per chiller 45,000 GPD 163.636 - $ 649.48 $- Stadiums, Ball Parks, etc. (per seat)5 GPD 0.018 - $ 649.48 $- Townhouse Residences (3) 1,500 SF and less 238 GPD 0.865 - $ 649.48 $- 1,501 SF or larger 275 GPD 1.000 - $ 649.48 $- University Undergraduate 40 GPCD 0.145 - $ 649.48 $- Graduate - Single 60 GPCD 0.218 - $ 649.48 $- Graduate - Married 95 GPCD 0.345 - $ 649.48 $- Faculty 13 GPCD 0.047 - $ 649.48 $- Water System Capacity Total:64,948.00$ Total # of ERC'S:100.00 WASTEWATER UNIT TYPE # OF UNITS ERC FACTOR # OF ERC'S CHARGE/ERC SYSTEM CAPACITY CHARGE Apartments 214 GPD(1)0.856 - $ 562.82 $- Bars and Cocktail Lounges 9 GPCD(2)0.036 - $ 562.82 $- Boarding Schools (students and staff)85 GPCD 0.340 - $562.82 $- Country Clubs (per member)25 GPCD 0.100 - $562.82 $- Day Schools (students and staff)22 GPCD 0.088 - $562.82 $- Hospitals (with laundry)250 GPD/BED 1.000 - $562.82 $- Hospitals (without laundry)90 GPD/BED 0.360 - $562.82 $- Hotels and Motels 63 GPD/RM 0.252 - $562.82 $- Laundromats 450 GPD/WASHER 1.800 - $562.82 $- Movie Theatres, Auditoriums, Churches (per seat)18 GPD 0.072 - $ 562.82 $- Restrooms (per water-closet)250 GPD 1.000 - $ 562.82 $- Storage (per loading bay)100 GPD 0.400 - $ 562.82 $- Student Activity Center 9 GPCD 0.036 - $562.82 $- Grounds Maintenance 15 GPCD 0.060 - $562.82 $- Math, Science, and Technology Building (per person)9 GPCD 0.036 - $562.82 $- Library (per person)9 GPCD 0.036 - $562.82 $- Nursing Homes 225 GPD/BED 0.900 - $562.82 $- Factory 15 GPDC 0.060 - $562.82 $- Office Buildings 16 GPD/100 SF 0.064 - $ 562.82 $- Restaurants (per seat)45 GPCD 0.180 - $562.82 $- Restaurants (fast food) (per seat)30 GPCD 0.120 - $562.82 $- Food Outlet/Concession Stand 10 GPCD 0.040 - $562.82 $- Retail (without kitchen waste)16 GPD/100 SF 0.064 - $ 562.82 $- Single Family Residential 100 165 GPD 1.000 100.00 $ 562.82 $56,282.00 University's Central Plant per chiller 7,650 GPD 30.600 - $ 562.82 $- Stadiums, Ball Parks, etc. (per seat)5 GPD 0.020 - $ 562.82 $- Townhouse Residences (3) 1,500 SF and less 214 GPD 0.856 - $ 562.82 $- 1,501 SF or larger 250 GPD 1.000 - $ 562.82 $- University Undergraduate 36 GPCD 0.144 - $ 562.82 $- Graduate - Single 54 GPCD 0.216 - $ 562.82 $- Graduate - Married 86 GPCD 0.344 - $ 562.82 $- Faculty 12 GPCD 0.048 - $ 562.82 $- Wastewater System Capacity Total:56,282.00$ Total # of ERC'S:100.00 (1) GPD - Gallons per day (2) GPCD - Gallons per capita day (3) Condominiums shall be rated in accordance with the type (apartments, townhouses, etc.) Total System Capacity Charge: 121,230.00$ DAILY FLOWS DAILY FLOWS EXHIBIT "B" National Golf & Country Multi-Family Phase 2 142