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CCWWA Agenda 08/05/2024• Collier County Growth Management Community Development Operations & Regulatory Management Division Collier County Water & Wastewater Authority Monday, August 5, 2024 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Community Development Department Conference Room 609/610 If you have any questions or wish to meet with staff, please contact, Rey Torres Fuentes at (239) 252-5727 Collier County Collier County Water & Wastewater Authority Agenda Monday, August 5, 2024 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Community Development, Conference Rooms 609/610 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 an explanation to the Executive Director, Collier County Water and Wastewater Authority, GMCD/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. Authority Members: Eloy Ricardo, Chairman Patricia Sherry, Vice Chairman Bryant Collins Eugene Wordehoff Don Munksgaard Legal Counsel: Derek D. Perry, Assistant County Attorney Executive Director: Michael Stark, Director - Operations & Regulatory Management, GMCD Staff Liaison: Rey Torres Fuentes, Operations Support Specialist I, GMCD For more information, please contact Rey Torres Fuentes at (239) 252-5727 or at Rey.TorresFuentes@coIIiercountyfLgov Collier County AGENDA I. Call to Order (Determination of Quorum) and Roll Call a. Welcome New Member— Don Munksgaard — District 1 II. Approval of Agenda — Meeting of August 5, 2024 III. Approval of Minutes — Meeting of February 29, 2024 IV. Items Requiring Action by Authority a. Final Order 2024-03 -Ave Maria Utility Company, Addition of Multi -family Service Rate Classification Page 9 b. Final Order 2024-04—Ave Maria Utility Company, Revision of Water and Wastewater Customer Deposits Page 27 c. Final Order 2024-05 —Ave Maria Utility Company, 2024 Price Index and Pass -Through Page 41 V. Staff Discussion a. AMUC —Annual Report Update VI. Open to the Public VII. Authority Members Discussion VIII. Adjourn For more information, please contact Rey Torres Fuentes at (239) 252-5727 or at Rey.TorresFuentes@coIIiercountyfl.gov 3 THIS PAGE INTENTIONALLY LEFT BLANK February 29, 2024 MINUTES OF THE COLLIER COUNTY WATER & WASTEWATER AUTHORITY MEETING Naples, Florida February 29, 2024 LET IT BE REMEMBERED, the Collier County Water & Wastewater Authority in and for the County of Collier, having conducted business herein, met on this date at 2 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room 609/610, 2800 Horseshoe Drive N., Naples, Florida, with the following members present: CHAIRMAN: Eloy Ricardo VICE -CHAIR: Patricia Sherry (excused) Bryant Collins Eugene Wordehoff Vacant Position ALSO PRESENT: Michael Stark, Director, Ops & Regulatory Management Derek Perry, Assistant County Attorney Julie Chardon, Ops Support Specialist II, GMCD Monica Leon, Budget Analyst II, GMCD Rey Torres Fuentes, Staff Liaison, GMCD Kevin Summers, Mgr., Tech Systems Ops, GMCD Alexandra Casanova, Management Analyst, GMCD 5 February 29, 2024 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order (Determination of Quorum) and Roll Call Mr. Stark called the meeting to order at 2 p.m. Roll call was taken and a quorum of three was established. A. Annual Election of Officers Mr. Stark told the Authority: • As part of Ordinance 96-6 of the Collier County Water & Wastewater Utilities Regulation Ordinance, Section 1.3, Collier County Water & Wastewater Utilities, the powers and the duties, the members of the authority shall select a chairman and a vice chairman, and such other officers as is deemed desirable by the authority. • Each officer should generally be appointed to a term of at least one year, and each officer may be reappointed to his or her same office, but no member shall serve in the same office for more than three consecutive years. • No member may be appointed to an office that extends beyond his or her remaining appointment to the authority. Mr. Collins nominated Eloy Ricardo to serve another term as chairman. Second by Mr. Wordehoff. The motion passed unanimously, 3-0. Mr. Collins nominated Patricia Sherry to serve another term as vice chair. Second by Chairman Ricardo. The motion passed unanimously, 3-0. II. Approval of Agenda — Meeting of February 29, 2024 No changes III. Approval of Minutes — Meeting of September 18, 2023 Mr. Wordehoff moved to approve the September 18, 2023, meeting minutes. Second by Chairman Ricardo. The motion passed unanimously, 3-0. IV. Items Requiring Action by the Authority A. Final Order 2024-1— Annual Price Index Mr. Stark told the Authority: • Under Ordinance 96-6, Collier County's Water & Wastewater Utilities Regulation Ordinance, Section 1-6, Rates, Rate Indexing, and Section 1, on or before May 15t' of each calendar year, the authority shall adopt a price index for water and wastewater utilities, which price index shall be equivalent to the price index established annually by the Florida Public Service Commission. • The index shall be the price index used for all franchise utilities until the authority authorizes a change. • This year, 2024, the price index is 3.24%. This is controlled by the Florida Public Service Commission. 2 6 February 29, 2024 • Each utility has been notified by mail about the change to 3.24%, and in the upcoming months, if the utilities decide to, they may increase their rates up to 3.24%, which we would then bring to the authority for approval. Mr. Wordehoff moved to approve the Final Order 2024-1—Annual Price Index. Second by Chairman Ricardo. The motion passed unanimously, 3-0. V. Staff Discussion Mr. Stark told the Authority: • Under Section 1-14, the Annual Financial Reporting Requirement, Section A, each utility shall annually within 120 days of the close of the fiscal year file with the authority a financial report of its operation in Collier County during the fiscal year. This is page 29 of the ordinance. • The due date is Tuesday, April 30, 2024. • At our next scheduled meeting, we will bring the results of our review after we receive the report. • There is an extension written into the ordinance and they need to respond in writing or by email to let us know if they need a further extension. VI. Open to Public (No public comment) VII. Authority Members Discussion Mr. Stark asked if there were any questions. Mr. Wordehoff asked about the historical genesis of this authority. We oversee Ave Maria, one facility. What's the logic or the rationale for it just being one facility when there are a number of facilities here in the county? Attorney Perry said the Water Wastewater Authority used to oversee a number of different utilities but as time has gone on, they've shrunk down and we just have Ave Maria. All the other water servicing providers in the county are granted that authority by the state legislature, meaning they're special districts tied to municipalities. Mr. Wordehoff asked why Ave Maria is different. Attorney Perry said it doesn't have a special grant from the state legislature to operate. Its grant comes from this authority, so in time, he and staff anticipate that at some point, maybe 20, 50 or 100 years, they may move to become a special district authorized by the legislature. If that happens, then we would have no more districts, unless others pop up and start. Mr. Wordehoff asked what mechanism would trigger that action. Mr. Stark responded: • Communication through the state Florida Public Service Commission. • Staff also monitors meetings happening at the state and federal level and we're also in communication with Public Utilities, where Dr. George Yilmaz oversees water and wastewater for Collier County. • We have a lot of discussions with peers and many meetings are happening. 7 February 24, 2024 • If there's a utility happening that would check certain boxes, such as Orange Tree previously did, that would lead to that utility coming under our purview. • We researched how far back this went, with 46-6 going back as far as it does, but it seems like there's more consolidation happening for public health and safety. Attorney Perry told the Authority: • Ave Maria is a large utility and it's much bigger than a subdivision. • When we think of utilities, it's traditionally something smaller. • There may be another development in eastern Collier County that needs to have its own infrastructure. What we saw most recently when we did The Villages, our Sewer District agreed to head out there and handle that, but there was a real possibility of either establishing a new water authority under this authority or going to the state and getting a special district. VIII. Adjourn Mr. Collins made a motion to adjourn the meeting. Second by Mr. Wordehoff. The motion passed unanimously, 3-0. There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 2:11 p.m. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Eloy Ricardo, Chairman ZThes minutes were approved by the Authority on 'jZUz , as presented , or as amended 4 Collier County TO: Chairman, Collier County Water and Wastewater Authority FROM: Michael Stark, Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management Department SUBJECT: Authority Agenda Item - Final Order No. 2024-03 DATE: May 8, 2024 RECOMMENDATION: To have the Authority approve Final Order No. 2024-03, establishing a multi -family service rate classification without change to current tariff rates for Ave Maria Utility Company, LLLP REQUESTED APPROVAL: Request the Authority review the attached proposed Multi -family Service Rate Schedule (MF), Original Sheet 14.50, Index of Rates and Charges Schedules, First Revised Sheet No. 12.00, for Ave Maria Utility Company, LLLP Water Tariffs, and Index of Rates and Charges Schedules, First Revised Sheet No. 11.00, Multi -family Service Rate Schedule (MF), Original Sheet 13.50 for Ave Maria Utility Company, LLLP Wastewater Tariffs; and approving Final Order 2024-03, establishing a multi -family service rate classification without change to current tariffs rates for Ave Maria Utility Company, LLLP REPORT: Section 1-3.A.8., authorizes the Collier County Water and Wastewater Authority to, by final order, establish and from time to time amend a uniform system and classification of accounts for all regulated utilities which, among other things, shall establish adequate, fair, and reasonable depreciation rates and charges. On March 6, 2024, Ave Maria Utility Company, LLLP (the utility), by email letter, formally requested its desire to draw a distinction within its tariff for service to multi -family customers. Currently, multi -family customers are serviced under the terms of the general service tariff. While the utility is not proposing any change in rates or charges or a new class of service for these customers, they are proposing to break out a separate rate code and tariff sheet for multi -family so that those types of customers can be better tracked by the utility in its record keeping and reporting. Staff recommends the adoption of Final Order No. 2024-01, approving the addition of this muti- family rate classification without change to current tariff rates or billing. Growth Management Community Development • Operations & Regulatory Management Division 9 2800 Horseshoe Drive • Naples, Florida 34104 • (239) 252-2400 • www.CollierCountyFL.gov THIS PAGE INTENTIONALLY LEFT BLANK 10 SUNDSTROM & MINDLIN, LLP A t t o r n e y s I C o u n s e l o r s March 6, 2024 Mr. Michael Stark, MBA, CPM Collier County Water & Wastewater Authority 3299 Tamiami Trail East Naples, FL 34112 RE: Ave Maria Utility Company, LLLP; Tariff Filings Dear Mr. Stark, 2548 BLAIRSTONE PINES DRIVE TALLAHASSEE, FLORIDA 32301 PHONE (850) 877-6555 www.sfflaw.com I am writing to you today to address several issues related to the tariff of Ave Maria Utility Company, LLLP (AMUC). At some time in the past, I have written you several times concerning the desire of the utility to file new tariff sheets to reflect either new territory approved by the Authority or new rates approved by the Authority in various proceedings. In those communications, I have previously indicated that I was unsure of whether the Authority actually issued "stamped approved" tariff sheets as the Florida Public Service Commission does in similar cases. In recent reviews of our old tariff, I have actually determined that the Authority did in the past issue such stamped approved tariffs in cases of changes in territory or changes in rates. While the utility does not need for the Authority to issue such stamped approved tariff sheets, we would prefer that or at least acknowledgement of the filing of appropriate tariffs. We believe these tariffs need to be in our official tariff so that customers are able to review all of our territory and current rates and charges as authorized by the Authority simply by looking at the current approved tariff which we maintain at our utility offices. As such, by this letter, I am filing these three sets of tariffs described below and officially informing the Authority that they will now become a permanent part of the utility's official tariff whether we receive stamped approved tariffs or an acknowledgment of this filing. 1. Service territory extension. In September of 2023, the Authority officially approved a request for extension of service territory for the utility and issued its order reflecting that decision. Since the utility's tariff reflects the territory which it is authorized to serve, I am attaching revised water tariff sheets 2.0, 3.2 and 3.3 as well as wastewater 2. o, 3.2 and 3.3 reflecting the additional territory and the changes in the tariff necessary to reflect the additional approved service territory. 2. Index increase for 202�. Also, at the Authority's September 2023 meeting, they approved the index and pass through increase in rates for the year 2023 as filed by the utility. While this approval of the rates was not necessary under the Authority's ordinances and rules, the Authority did in fact take such action to approve. I am attaching all of the revised tariff sheets that were filed after such 11 Michael Stark March 6, 2024 Page 2 approval to reflect this change in rates which will now become a permanent part of the utility's official tariff until once again revised. 3. New rate code for multi -family service. The utility currently has two rate codes for basic water and wastewater service (residential and general service). There are tariffs in the utility's approved tariff reflecting these two codes. AMUC wishes to draw a distinction within its tariff for service to multi -family customers. Currently, multi -family customers are serviced under the terms of the general service tariff. Many utilities regulated by the Florida Public Service Commission also have a tariff for multi -family service where there is significant service provided to multi -family customers. While the utility is not proposing any change in rates or charges or a new class of service for these customers, we are proposing to break out a separate rate code and tariff sheet for multi -family so that those types of customers can be better tracked by the utility in its record keeping and reporting. I am attaching hereto a new tariff sheet for multi -family service which will be made a part of the utility's permanent tariff going forward. We would appreciate the Authority or the Authority's staff acknowledging the addition of the above revised tariff sheets, but it is our intention to make these a permanent part of the utility's official tariff regardless of whether such acknowledgement occurs. Should you have any questions or need any further information, please do not hesitate to contact me. Sincerely, FMD/brf SUNDSTRO & F. Marshall Of Counsel SUNDSTROM & MINDLIN, LLP 12 2548 Blairstone Pines Drive, Tallahassee, Florida 32301 Rey TorresFuentes From: Marty Deterding <mdeterding@sfflaw.com> Sent: Tuesday, April 9, 2024 2:10 PM To: Rey TorresFuentes Cc: Michael Stark; Monica Leon Subject: RE: AMUC - Tariffs filing EXTERNAL EMAI L: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you Rey If you need anything further from me please let me know. Do you have an idea of when this tariff revision will be taken before the Authority for approval ? F. MA-RsxALL DETERDING Of Counsel Sundstrom & Mindlin, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 T: 850.877.6555 www.sfflaw.com mdeterding@sfflaw.com SUNDSTROM & MIN D LI N, ALP Attorneys I Counselors Notice: This email message, and any attachments hereto, contains confidential information that is legally privileged. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this email or any attachments to it. If you have received this email in error, please notify us immediately by return mail or by telephone at (888)- 877-6s5s and delete the original and all copies of this transmission, including any attachments. Thank you. From: Rey TorresFuentes <Rey.TorresFuentes@colliercountyfl.gov> Sent: Tuesday, April 09, 2024 8:45 AM To: Marty Deterding <mdeterding@sfflaw.com> Cc: Michael Stark <Michael.Stark@coliiercountyfl.gov>; Monica Leon <Monica.Leon @colliercountyfl.gov> Subject: RE: AMUC - Tariffs filing Good morning, Marty, Attached to this email you will find the stamped "Approved" tariff sheets for extension and index. After a careful review of the rules and 96-6, we have concluded that adding a new classification is an action that requires the Collier County Water and Wastewater Authority (authority) to review and approve via Final Order. We accept your 13 email from March 61h as the official request to the authority. We have begun working on the Final Order and we will keep you apprised of the progress. If you have any additional questions, please do not hesitate to reach out to me. 9.3 TARIFFS: GENERAL FILING INSTRUCTIONS. (1) Each utility shall file with the Authority tariffs applicable to all territory served by it. showing all rates and classifications of the services firr fished by the utility in that service area. and all rules and regulations relating thereto, except that the rates for a specific item of equipment and or special service arrangements for an individual customer need not be filed if the utility's filed tariff provides the basis for that type of charge. (?) All tariffs. as well as all supplements, mVisions. modifications. or changes to any portion thereof shall be submitted to the Authority in four (4) copies and in the form prescribed herein. After acceptance, one stamped and "date accepted" copy will be returned to the utility. That copy is notice to the utility that the filing has been accepted and approved. Respectfully, Operations Support Specialist I Coder County Growth Management Community Development Operations & Regulatory Management 2800 Horseshoe Drive N. Naples, FL 34104 Phone: (239) 252-5727 Re .TorresFuentes colliercount fl. ov From: Marty Deterding <mdeterding@sfflaw.com> Sent: Thursday, April 4, 2024 12:48 PM To: Michael Stark <Michael.Stark colliercount fl. ov> Cc: Evelyn Trimino <Evelyn.Trimino@colliercountyfl.gov>; Monica Leon <Monica. Leon @colliercountyfl.gov>; Julie Chardon <Julie.Chardon@colliercountyfl.gov>; Tammy Smith <tsmith AMUC.Com>; Jason Vogel <ivogel@AMUC.Com>; Rey TorresFuentes <Re .TorresFuentes colliercount I. ov> Subject: RE: AMUC - Tariffs filing EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Michael 14 As you will recall, I sent you the below email explaining our tariff filings from early March. Having heard nothing further I noticed recently when reviewing the Authority Rules and Ordinance that there are in fact rules related to the filing and approval of tariffs . Part IX of the Supplemental Rules of the Board as adopted by Resolution 96-103 deals with Tariffs. It appears to require not only that we maintain a Tariff and get Authority approval for changes to the Tariffs, but also for the Authority to issue something akin to "Stamped Approved Tariffs" when the tariff is revised. I am attaching relevant excerpts from the Rule. As I stated in my letter and in my further explanation of each tariff filing below, 2 of the 3 tariff revisions I submitted are just the tariff changes resulting from implementing previous authority decisions. As such I do not think either of them requires any formal action and certainly at the PSC the previous approval would be enough for the Authority Staff to issue "Stamped Approved Tariffs" reflecting those decisions by the Authority. The third tariff filing as noted in the Original letter and in my follow-up explanation is a minor change to create a new type of rate tariff. It is not, in my opinion a new class of service, but rather just breaking out , for record keeping purposes, a certain type of customer without changing the way they are billed or the charges that are accessed to them. However it is the one proposed tariff change that has not been specifically considered by the Authority before now. As noted, the PSC Staff would just administratively approve such a minor tariff change. But given the wording of the Authority rule as highlighted in the attached I am not sure if you feel that such a change requires formal Authority action. If formal action is required in your opinion, please consider my letter from March 6 as our formal request for such. If you agree with my conclusions please issue the tariffs as filed for the utility to include in their official Tariff. Please review this and the attached and give me your thoughts please. I am available to discuss further at any time. F. MARS",L DETERRING Of Counsel Sundstrom & Mindlin, LLP 2548 Blairstone fines Drive Tallahassee, Florida 32301 T: 850.877.6555 www.sfflaw.com mdeterding p sfflaw.com SUNDSTROM & MINDLIN, LLP A t t o r n e y s I C o u n s e l o r s Notice: This email message, and any attachments hereto, contains confidential information that is legally privileged. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this email or any attachments to it. If you have received this email in error, please notify us immediately by return mail or by telephone at (888)- 877-6555 and delete the original and all copies of this transmission, including any attachments. Thank you. From: Marty Deterding Sent: Thursday, March 07, 2024 3:23 PM To: Michael Stark <Michael.Stark@colliercountvfl.gov> Cc: Evelyn Trimino <Evel n.Trimino Pcolliercount fl. ov>; Monica Leon <Monica.Leon colliercount I. ov>; Julie Chardon <Julie.Chardon@colliercountyfl.go>; Tammy Smith <tsmith AMUC.Com>; Jason Vogel <'vo el AMUC.Com>; 15 Rey TorresFuentes <Rey.TorresFuentes@colliercountyfl.gov> Subject: RE: AMUC - Tariffs filing Michael Thank you for your quick reply. In order to clarify our intentions I would like to offer a few general observations and then take each of the three tariff filings separately Your are of course correct that the Ordinance does not require "stamped approved tariffs". The PSC Statutes and rules don't require it either, but it is done in the normal course to keep those documents current and accurate and show a clear trail of regulatory authorization for everything in the governing tariff. The fact that the Authority used to issue such tariffs led me to the conclusion that we were "Better safe than sorry" to clearly file such tariff and put the authority on notice that they would be put in our official tariff in Order to reflect the authorities decisions in the first two cases and to reflect a minor change in rate coding for the Multi -family tariff. As to each of the filings; 1) Territory Extension tariffs —The utility's Official Tariffs reflect the territory served and I believe always have. I was not directly involved in previous territory revision approvals by the Authority with regard to AMUC so I do not know if "Stamped Approved Tariffs" were issued in those cases. The Authority rules however do not require that a utility proposing to adjust the territory served, file tariffs with that application or after approval of such territory extension proposals. Just for comparison, This is not the case at the PSC where proposed revised tariffs are required to be filed as part of the application (and are stamped approved after the case is completed). We did not file such revised tariffs with our application to the Authority. In the future I intend to file tariffs with any territory extension request. In this recent case the Authority approved the Application and made the filing an attachment to the final Order. But since there were no tariffs included in the filing, the final order of the Authority did not "approve tariffs" though it did of course approve the additional territory description that is included in the proposed tariffs I just filed. If it is not the Authority's intention to issue "Approved Tariffs" or "Stamped approved tariffs" I have no issue with that but I did want the Authority to be on notice that we intend to revise the territory described in the tariff to reflect the authority's decision to grant additional service territory. 2) Index Increase for 2023 - Tariff are required to be filed as part of an index and pass -through filing and were filed by AMUC in this case. As such, when the Authority issued its Final Order on that index and pass -through those proposed tariff sheets were an attachment to the final order. No change to those tariffs is proposed. We were only seeking ":stamped approved tariffs" if the Authority choose to still do that, or in the alternative, simple acknowledgement that these tariffs should become part of the revised official tariff as the utility intended. If the authority does not wish to do either in index and pass -through cases, we will simply make such tariffs part of the official tariff after filing future indexes and pass-throughs. Just for comparison, the PSC requires filing of tariffs as part of an Index or Pass -through filing. As with the Authority rules and Ordinances, the PSC rules and Statute do not require any action by the regulator in order for a utility to implement an Index or pass -through after filing. But the PSC does issue "Stamped approved tariffs" within 60 days of any index or pass -through filing. Again, we did not file these tariffs suggesting any action was required by the Authority, but simply to put the Authority on notice that these tariffs had become a part of the utility's official tariffs, if the Authority did not intend to issue "Stamped approved tariffs" or acknowledge these new tariffs in some way. 3) New rate Code for Multi -family- The Authority rules have a provision for filing for a "New class of service" as does the PSC. In both cases no action is required by the authority or the PSC to implement such a ":New Class" after the required filing. However the change in rate cade is NOT a new class of service request and as, we at AMUC thought it should be an even simpler process. It does not involve any new rates or new customers or new charges or and change in how existing or new customers will be charged. At the PSC it would be considered a minor tariff provision that does not require Commission action or acknowledgement, but simply administrative 4 16 approval and issuance of "Stamped Approved tariffs" by the Commission Staff. If the Authority does not issue "Stamped Approved tariffs" or acknowledge in some other way simple tariff revisions of this type, then we were simply trying to put the Authority on notice of the added rate code we were breaking out from existing tariffs in order to allow better record keeping for service to multi -family customers. We assumed that such a filing did not require Authority action or formal application for such a minor change. However if the Staff believes that adding such a new rate code or tariff requires the Authority to affirmatively act then please consider my letter as a formal request for authority approval. l hope the above further clarifies our intent. If you have any further questions please let me know. We will be glad to work with the Authority and its Staff in getting resolution of each of these issues. Thank you for your help F. MLttsHALL DETERDING Of Counsel Sundstrom & Mindlin, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 T: 850.877.6555 www.sfflaw.com mdeterdiny,gsfflaw.com S UN DSTRDM & MIND LI N, LLP Attorneys I Counselors Notice: This email message, and any attachments hereto, contains confidential information that is legally privileged. If you are not the intended recipient, you must not review, transmit, convert to hard copy, copy, use or disseminate this email or any attachments to it. If you have received this email in error, please notify us immediately by return mail or by telephone at (888)- 877-6555 and delete the original and all copies of this transmission, including any attachments. Thank you. From: Michael Stark <Michae_l_.Stark@colliercountvfl.gov> Sent: Thursday, March 07, 2024 12:32 PM To: Marty Deterding <mdeterding@sfflaw.com> Cc: Evelyn Trimino <Evelyn.Trimino@colliercountyfl.eov>; Monica Leon <Monica.Leon@colliercountvfl.gov>; Julie Chardon <Julie.Chardon colliercount I. ov>; Tammy Smith <tsmith@AMUC.Com>; Jason Vogel <ivo el AMUC.Com>; Rey TorresFuentes <Re .TorresFuentes colliercount I. ov> Subject: RE: AMUC - Tariffs filing Marty, Good afternoon. Thank you for contacting the Growth Management Community Development Department regarding the Ave Maria Utility Company (AMUC). Proposed modifications (revisions) to approved rates, territory, and/or language, etc., require review and approval by the Executive Director and the Authority. Final Orders were approved on September 18, 2023, provided by email, and are posted online through the Clerk of the Circuit Court for review by the community. The tariff sheets are included in the Final Order. Nowhere in Ordinance 96-6 nor The Rules of the Authority does it require a separate stamped approval. 17 If the documentation on file with the AMUC is different (modified) from the Final Orders the Authority approved shall require a meeting and new Final Orders. Is the AMUC requesting three (3) separate Final Orders to be reviewed and approved by the Authority? Yes or No. We are readily available to discuss this matter and address any additional concerns. Thank you. Respectfully, Michael Stark, MBA Director CO le-r C014Uty Operations Support & Regulatory Management Division 2800 N. Horseshoe Drive Naples, Florida 34104 Phone: 239.252.8741 Email: Michael. Starkga CollierCountyfl.gov From: Marty Deterding <mdeterding@sfflaw.com> Sent: Wednesday, March 6, 2024 10:56 AM To: Michael Stark <Michael.Stark@colliercountyfl.gov> Cc: Evelyn Trimino <Evelyn.Trimino@colliercountyfl.gov>; Monica Leon <Monica.Leon @colliercountyfl.gov>; Julie Chardon <Julie.Chardon@colliercountyfl.gov>; Jamie French - Collier County (iamesfrench@colliergov.net) <iamesfrench@collergov.net>; Tammy Smith <tsmith@AMUC.Com>; Jessica DiGiorgio <JDiGiorgio@barroncollier.com>; Jason Vogel <ivogel@AMUC.Com> Subject: AMUC - Tariffs filing EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking Links. Michael Please see attached letter and attachments concerning tariff additions needed for AMUC. Let me know if you need anything on this from me. Thank you F. MARSHALL DETERRING Of Counsel Sundstrom & Mindlin, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 T: 850.877.6555 www.sfflaw.com mdeterding0sf law.com 11M FINAL ORDER NO. 2024-03 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96-6, SECTIONS 1-3.A.7-8, AS AMENDED, TO APPROVE THE REVISION OF AVE MARIA UTILITY COMPANY, LLLP'S INDEX OF RATES AND CHARGES SCHEDULES TO EFFECTUATE THE ADDITION OF A MULTI -FAMILY SERVICE RATE CLASSIFICATION WITHOUT CHANGE TO CURRENT TARIFFS RATES. WHEREAS, the Collier County Water and Wastewater Utilities Regulatory Ordinance, Ord. No. 96-6, as amended (the "Ordinance"), in Section 1-3.A.7., authorizes the Collier County Water and Wastewater Authority (the "AUTHORITY") to issue a final order approving, modifying, or denying any tariff, or other rule or regulation proposed to be established by or on behalf of an applicant or utility; and WHEREAS, the Ordinance, in Section 1-3.A.8., authorizes the AUTHORITY to, by final order, establish and from time -to -time amend a uniform system and classification of accounts for all regulated utilities which, among other things, shall establish adequate, fair and reasonable depreciation rates and charges; and WHEREAS, Ave Maria Utility Company, LLLP (the "UTILITY") is the holder of a certificate for the provision of water and wastewater services to certain portions of Collier County; and WHEREAS, on February 29, 2024, the AUTHORITY adopted Final Order No. 2024-01, establishing the 2024 Price Index for investor -owned water and wastewater utilities operating in Collier County; and WHEREAS, on March 6, 2024, the UTILITY submitted its official request for the addition of a new classification for multi -family service without change to current tariff rates pursuant to Ordinance Sections 1-3.A.7-8 ("Application"); and WHEREAS, the AUTHORITY's staff recommends approval of the UTILITY's Application for the addition of a multi -family classification with no change to existing tariff rates. NOW, THEREFORE BE IT ORDERED by the AUTHORITY in a public meeting assembled pursuant to Collier County Water and Wastewater Utilities Regulatory Ordinance, Ord. No. 96-6, as amended, that: 1. The recitals set forth above are true and correct and are incorporated herein by reference. [24-OPS-01 143/1862261/1] Page 1 of 2 19 CAO 2. The UTILITY's revised INDEX OF RATES AND CHARGES SCHEDULES, attached hereto as Exhibit "A" and incorporated herein by reference, which effectuates the addition of a new classification for multi -family service without change to current tariff rates, is hereby approved. 3. This Final Order and the addition of a multi -family classification to the UTILITY is hereby effective immediately. This Final Order adopted this c5 day of 1/G (/ S % 2024, after motion, second, and majority vote favoring the same. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY By: Eloy cardo, Chairman App ov d as to fo and ality: Derek . Perry Assistant County Attorney [24-OPS-01143/1862261/11 Page 2 of 2 n �O Exhibit " A " UTILITY's Revised INDEX OF RATES AND CHARGES SCHEDULES [24-OPS-01143/1862261/1] 21 70 THIS PAGE INTENTIONALLY LEFT BLANK 22 AVE MARIA UTILITY COMPANY, LLLP, ORIGINAL SHEET NO. 14.50 WATER TARIFF MULTI -FAMILY SERVICE RATE SCHEDULE (MF) AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY - For water service to master metered residential Customers, including but not limited to condominiums, apartments, mobile home parks. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Commission. RATE — Meter Sizes Base Facility Charge Regulatory Assessment Fee 5/8" x 3/4" $ 42.85 0.86 1" 107.10 2.14 1 1 /2" 214.18 4.28 2" 342.69 6.85 3" 642.53 12.85 4" 1,070.90 21.42 6'° 2,141.78 42.84 8" 3,426.88 68.54 Gallonage Charge (per 1,000 Gallons) $ 3.40 $0.07 Gallonage Charge (per 1,000 Gallons) $ 6.44 $0.13 Construction Use MINIMUM CHARGE — Base Facility Charge only, if no consumption. TERMS O_ _F_ PAYMENT — Bills are due and payable when rendered. In accordance with Rule 25-30.320, Florida Administrative Code, if a Customer is delinquent in paying the bill for water service, service may then be discontinued. Douglas E. Baird, Agent NAME TITLE 23 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WATER TARIFF FIRST REVISED SHEET NO. 12.0 CANCELS ORIGINAL SHEET NO. 12.0 INDEX OF RATES AND CHARGES SCHEDULES Sheet Number Customer Deposits......................................................................... 15.0 General Service, GS....................................................................... 13.0 Miscellaneous Service Charges ..................................................... 16.0 Residential Service, RS.................................................................. 14.0 Multi Family Service, MF 14.5 Service Availability Fees and Charges ........................................... 17.0 Douglas E. Baird, Agent NAME TITLE 0 24 71 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WASTEWATER FIRST REVISED SHEET NO. 11.0 CANCELS ORIGINAL SHEET NO. 11.0 INDEX OF RATES AND CHARGES SCHEDULES Sheet Number Customer Deposits ................................... ............ 15.0 .......................... General Service, GS....................................................................... 12.0 Miscellaneous Service Charges .................................................... 16.0 Residential Service, IRS ................................................ ............ 13.0 Multi -Family Service, M F.................................................................. 13.5 Reclaimed Water Service.............................................................. 14.0 Service Availability Fees and Charges ........................................... 17.0 Douglas_E. Baird Agent NAME TITLE 25 AVE MARIA UTILITY COMPANY, LLLP. ORIGINAL SHEET NO. 13.50 WASTEWATER TARIFF MULTI -FAMILY SERVICE RATE SCHEDULE (MF) AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY For wastewater service to master metered residential Customers, including but not limited to condominiums, apartments, mobile home parks. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Commission. RATE — Meter Sizes Base Facility Charge Regulatory Assessment Fee 5/8" x 3/4" $ 51.32 1.03 1 ° 128.23 2.56 1 1 /2'' 256.48 5.13 2 410.35 8.21 3" 769.44 15.39 4" 1,282.40 25.65 6" 2,564.78 51.30 8" 4,103.66 82.07 Gallonage Charge (per 1,000 Gallons) $ 5.01 $0.10 MINIMUM CHARGE — Base Facility Charge only, if no consumption. TERMS OF PAYMENT — Bills are due and payable when rendered. In accordance with Rule 25-30.320, Florida Administrative Code, if a Customer is delinquent in paying the bill for water service, service may then be discontinued. Douglas E. Baird, Agent NAME TITLE FM Collier County TO: Chairman, Collier County Water and Wastewater Authority FROM: Michael Stark, Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management Department SUBJECT: Authority Agenda Item - Final Order No. 2024-04 DATE: July 15, 2024 RECOMMENDATION: To have the Authority approve Final Order No. 2024-04, revising wastewater rate tariff sheet No. 15.0 Customer Deposits and water rate tariff sheet No. 15.0 Customer Deposits. REQUESTED APPROVAL: Request the Authority review the attached revised wastewater rate tariff sheet No. 15.0 Customer Deposits and water rate tariff sheet No. 15.0 Customer Deposits and provide approval for the increase in customer deposits. REPORT: Section 1-3.A.8., authorizes the Collier County Water and Wastewater Authority to, by final order, establish and from time to time amend a uniform system and classification of accounts for all regulated utilities which, among other things, shall establish adequate, fair, and reasonable depreciation rates and charges. On July 8, 2024, Ave Maria Utility Company, LLLP (the utility), by email letter, formally requested its desire to revise and increase customer deposits due to them being out of date and no longer meeting the standard level as utilized in most regulated utility stations. This has resulted from gradual and small increases, over time, in rates due to indexing. It is an industry standard that customer deposits should equal two (2) times the average monthly bill for residential -class customers. This is also the standard used by the Florida Public Services Commission. Additionally, the last revision to customer deposits was in 2014. Staff recommends the adoption of Final Order No. 2024-04, approving the revised wastewater rate tariff sheet No. 15.0 Customer Deposits and water rate tariff sheet No. 15.0 Customer Deposits. Growth Management Community Development • Operations & Regulatory Management Division 27 2800 Horseshoe Drive • Naples, Florida 34104 • (239) 252-2400 • www.CollierCountyFL.gov THIS PAGE INTENTIONALLY LEFT BLANK Rey TorresEuentes From: Marty Deterding <mdeterding@sfflaw.com> Sent: Monday, July 8, 2024 1:27 PM To: Rey TorresFuentes Cc: Michael Stark; Monica Leon Subject: RE: AMUC - Tariffs filing -- Deposits Attachments: AMUC Revised Deposit Tariffs 2024.pdf; AMUC 2024 Deposit calculation.pdf Follow Up Flag: Follow up Flag Status: Completed EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Rey I have another tariff change that AMUC would like to request and that needs to be put on the Agenda for the August 5 Authority Board meeting.. The Utility has noticed that its required security deposit for Residential Customers are out of date and no longer meets the standard level as utilized in most regulated utility situations. This has gradually resulted over time from small increases in rates due to indexing. As you may or may not know, it is an industry standard, and one used by the Florida PSC, that a customer deposit should be equal to 2 times the average monthly bill for residential class of customers. We have developed revised Deposits for both Water and Wastewater to reflect that standard . Those calculations are included on the attached schedule. I have included a set of revised tariffs to reflect these revised Customer Deposits for the Authority's approval. Please let me know if you have any questions or need any further information. Thankyou F. MARSHALL DETERRING Of Counsel Sundstrom & Mindlin, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 T: 850.877.6555 www.sfflaw.com mdeterding@sfflaw.com SUNDSTROM & M I N DLIN, LLP C o U n S e 1 0 r S 1 29 THIS PAGE INTENTIONALLY LEFT BLANK 30 FINAL ORDER NO.2024-04 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, REGARDING AVE MARIA UTILITY COMPANY, LLLP'S CUSTOMER DEPOSITS: TO APPROVE THE FOURTH REVISED WASTEWATER RATE TARIFF SHEET NO. 15.0 CUSTOMER DEPOSITS; AND TO APPROVE THE FOURTH REVISED WATER RATE TARIFF SHEET NO. 15.0 CUSTOMER DEPOSITS. WHEREAS, the Collier County Water and Wastewater Utilities Regulatory Ordinance, Ord. No. 96-6, as amended (the "Ordinance"), in Section 1-3.A.7., as amended, authorizes the Collier County Water and Wastewater Authority (the "AUTHORITY") to "issue a final order approving, modifying, or denying any tariff, or other rule or regulation proposed to be established by or on behalf of an applicant or utility"; and WHEREAS, Ave Maria Utility Company, LLLP (UTILITY) is the holder of a certificate for the provision of water and wastewater services to certain portions of Collier County; and WHEREAS, on July 8, 2024, the UTILITY submitted its official request for approval to amend its water and wastewater tariffs to adjust the customer deposits for new customers; and WHEREAS, customer deposits have not been updated since 2014 and no longer align with industry standards, or with the Florida Public Service Commission, that customer deposits should equal to 2 times the average monthly bill for residential class customers; and WHEREAS, UTILITY has submitted items for approval: Wastewater Tariff sheet "Fourth Revised Sheet No 15.0" and Water Tariff sheet "Fourth Revised Sheet No. 15.0", attached hereto as Exhibit "A". NOW, THEREFORE, IT IS HEREBY ORDERED by the AUTHORITY in a public meeting assembled pursuant to Collier County Water and Wastewater Utility Regulatory Ordinance, Ord. No. 96-6, as amended, that: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. Wastewater Tariff sheet "Fourth Revised Sheet No 15.0" and Water Tariff sheet "Fourth Revised Sheet No. 15.0", attached hereto as Exhibit "A", are hereby approved. 3. This Final Order and these revised tariffs are hereby effective immediately. [24-OPS-0 1213/1877692/1 J Page I of 31 C80 4. The UTILITY shall provide written notice (attached hereto as Exhibit "B") to its customers of these changes. This Final Order adopted this 5"' day of August, 2024, after motion, second, and majority vote favoring the same. Approved as to form and legality: Derek D. Perry Assistant County Attorney 1 Attachments: COLLIER COUNTY WATER AND WASTEWATER AUTHORITY Eloy Ricardo, Chairman Exhibit "A" - Wastewater Tariff sheet "Fourth Revised Sheet No 15.0" and Water Tariff sheet "Fourth Revised Sheet No. 15.0" Exhibit "B" - Written Notice [24-OPS-01213/ 1877692/ 1 ] Page 2 of 2 32 C40 EXHIBIT "A" Wastewater Tariff sheet "Fourth Revised Sheet No 15.0" and Water Tariff sheet "Fourth Revised Sheet No. 15.0" [24-oPS-01213/ 1877692/ 1 ] 0 33 �10 THIS PAGE INTENTIONALLY LEFT BLANK 34 NAME OF COMPANY: WASTEWATER AVE MARIA UTILITY COMPANY, LLLP FOURTH REVISED SHEET NO. 15.0 CANCELS THIRD REVISED SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT — To provide Company with security towards payment of water service bills. ESTABLISHMENT OF CREDIT — Before rendering wastewater service, the Company may require an applicant to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment. AMONT OF DEPOSIT — The amount of the initial deposit will be the following according to meter size: METER SIZE DEPOSIT 5/8" X 3/4" $130 1" $290 11/2" $550 2" $870 3" $1,620 4" $2,690 6" $5,350 8" $8,550 Construction Meter (2") N/A Construction Hydrant Backflow/Meter N/A ADDITIONAL DEPOSIT — When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT — The Company will pay a simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT — After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit for a non-residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non-residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Douglas E. Baird, Agent NAME TITLE 35 n NAME OF COMPANY: WATER AVE MARIA UTILITY COMPANY, LLLP FOURTH REVISED SHEET NO. 15.0 CANCELS THIRD REVISED SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT — To provide Company with security towards payment of water service bills. ESTABLISHMENT OF CREDIT -- Before rendering water service, the Company may require an applicant to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment. AMONT OF DEPOSIT — The amount of the initial deposit will be the following according to meter size: METER SIZE DEPOSIT 5/8" X 3/4" $100 1" $230 11/2" $460 2" $730 3" $1,350 4" $2,245 6" $4,480 8" $7,150 Construction Meter (2") $750 Construction Hydrant Backflow/Meter actual meter cost ADDITIONAL DEPOSIT — When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT — The Company will pay a simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT --- After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit for a non-residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non-residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Douglas E. Baird. Agent NAME TITLE 36 a 0 EXHIBIT "B" Written Notice [24-OPS-01213/1877692/1] 37 Q Q THIS PAGE INTENTIONALLY LEFT BLANK W] Ave Maria U t i l i t y C o m p a n y CUSTOMER NOTICE October , 2024 On February 29, 2024, the Collier County Water and Wastewater Authority (the "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 adjustment in rates would depend on increases or decreases in non -controllable expenses and subject to inflationary pressures such as chemicals, and other operational and maintenance costs. The provisions of Ordinance 96-6 Section 1-6(J) allow investor owned water and wastewater utilities such as Ave Maria Utility Company, LLLP ("utility" or "AMUC") to "pass through" increases in electric power costs. On July 8, 2024, AMUC filed notice of intent with the Growth Management District (GMD) Operations & Regulatory Management Division, to increase water and wastewater rates as a result of the combined impact of the inflation index increase and the increase in electric power costs. if acknowledged and approved by the Collier County Water and Wastewater Authority (The "Authority") , water rates will increase by approximately 2.19% and wastewater rates by 1.93%. The adjusted rates should be reflected on your bill for October service. The Utility has also requested that the Authority update the required Security Deposits that the utility, imposes in certain instances. The Authority has reviewed the request for change in Security Deposits and has approved the Utility proposal. You can review a schedule of the present and new rates and Security Deposits on the utility website at: https:Hamuc.com/service/does/Current and_Proposed_Rates_2024.pdf. Should you have any questions, please contact your local utility office at (239) 348-0248. Be sure to have your account number handy for quick reference. Customers may also direct inquiries to the Growth Management Community Development Department, 2800 North Horseshoe Drive, Naples, Florida 34104 at (239) 252-2400. 39 n Y 0 THIS PAGE INTENTIONALLY LEFT BLANK 40 Collier County TO: Chairman, Collier County Water and Wastewater Authority FROM: Michael Stark, Director, Collier County Water and Wastewater Authority and Director of Operations & Regulatory Management, Growth Management Department SUBJECT: Authority Agenda Item - Final Order No. 2024-05 Ave Maria Utility Company Price Index and Pass -Through Application DATE: July 8, 2024 RECOMMENDATION: Approve Final Order No. 2024-05, adjusting the wastewater rates of Ave Maria Utility Company, LLLP. (AMUC) by applying the 2024 Price Index Factor to the allowable 2024 operation and maintenance expenses, and its amortized pass -through costs for water and wastewater REQUESTED APPROVAL: Based on staff s review of the of the attached application and its supporting documentation, staff recommends the adoption of Final Order 2024-05. REPORT: On July 8, 2024, AMUC filed an application titled "Notice of Intent to Adjust Rates Pursuant to 2024 Index and Pass Pass -Through" with the Collier County Water and Wastewater Authority ("Authority") AMUC has applied for a 2.19% increase to its water service and 1.93% for wastewater rates based on: 1. The application of the 2024 Price Index factor of 3.24% adopted by Final Order No. 2024-01 The approval of an increase of 2.19% for water and 1.93% for wastewater to AMUC's tariff sheets for base facility and gallon charges would result in increased revenue of $75,606 for water and $89,688 for wastewater. AMUC intends to send customer notices immediately upon approval with new rates going into effect on the customer's October bill. Staff recommends the adoption of Final Order No. 2024-04, approving AMUC's application for a Price Index and pass -through increase effective immediately. Growth Management Community Development • Operations & Regulatory Management Division 41 2800 Horseshoe Drive • Naples, Florida 34104 • (239) 252-2400 • www.CollierCountyFL.gov THIS PAGE INTENTIONALLY LEFT BLANK 42 BEFORE THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY In Re: Notice of Intent by ) Ave Maria Utility Company ) Docket No. to Adjust Rates Pursuant to ) 2024 Index and Pass Through NOTICE OF INTENT TO ADJUST RATES PURSUANT TO 2024 INDEX AND PASS THROUGH Ave Maria Utility Company, LLLP ("Company"), by and through its undersigned attorneys and pursuant to Ordinance No. 96-6, Board of County Commissioners of Collier County, Florida, and the Rules of the Collier County Water and Wastewater Authority ("Authority"), hereby files its Notice of Intent to Adjust Rates Pursuant to the 2024 Index and Pass Through ("Notice of Intent"), and in support thereof states as follows: The Authority has adopted Final Order No. 2024-01, establishing the 2024 Price Index Factor on February 29, 2024. Pursuant to Sections 1-6(I) and (J) of Ordinance No. 96-6, the Company is authorized to adjust its rates without customers bearing the additional expense of a public hearing. The utility is proposing to combine the index and pass through of increased in electric power costs and implement the increase 90 days after the date of this Notice. The following information is provided: 1. Attached hereto as EXHIBIT "A" is a Special Report which satisfies the requirements of Authority Rules 5.2, 5.3(3)(b) and (e). 2. As reflected in the Special Report, application of the combined 2024 Price Index and Pass Through Factor results in a rate increase of 2.19% for water service and 1.93% for wastewater service. In accordance with the requirement of Authority Rules 5.2 and 5.3(3)(a), the Company's revised Tariff sheets setting forth the rates established pursuant to this Notice are attached hereto as EXHIBIT "B." 4. A sample of the notice to be provided to the Company's customers reflecting the rate increase is attached hereto as EXHIBIT "C" in conformance with Ordinance No. 96-6, § 1- 6(I)(6) and (J)(5). 5. The Company will provide the attached customer notice to customers by mail by August 31, 2024, and implement the new rates for service rendered on or after October 6, 2024. In 43 order to allow the utility time to distribute the customer notice, we ask that the Authority provide any comments on the notice by no later than August 15, 2024. 6. The Company waives its right to implement the pass through portion of this increase in 45 days and instead will implement both the index and pass through increases together on or after ninety (90) days after the filing of this Notice of Intent. WHEREFORE, Ave Maria Utility Company, LLLP, hereby provides notice of its intent to adjust its rates pursuant the 2024 Index Rate and reduction for fully amortized rate case expense. Respectfully submitted this 8th day of July, 2024, by: SUNDSTROM & MINDLIN, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301 (850)8877-6555 v. F. Marshall Deterding For the Firm 44 Ave Maria Utility Company, LLLP 2024 Index Year Ended December 31, 2023 45 Ave Maria Utility Company, LLLP 2024 Index For the Year Ended December 31, 2023 Line No. 1 Index Adjustment (1) 2 2023 Operations and Maintenance (O&M) expense 3 Less: 4 Purchased Power 5 Regulatory Commission Expenses 6 2023 O&M Expense to be indexed 7 2024 GDP Implicit Price Deflator Index 8 Indexed 2023 0&M Expenses 9 Pass Through Purchased Power Increase 10 Total Indexed Increase 11 Divide by 2023 Annualized Revenue (Schedule No. 2) $ 2,068,123 (155,981) 1,912,142 3.24% 61,953 13,653 75,606 $ 3,455,609 12 Indexed 2.19% 13 Notes: (1) Ave Maria Utility Company last increased its rates pursuant to Final Order No. 2024-01, effective January 11, 2024 $ 2,533,026 (162,875) 2,370,151 3.24% 76,793 12,895 89,688 $ 4,646,157 1.93 % 14 (2) The Company has no outstanding complaints or regulatory enforcement issues outstanding 15 with FDEP or any other Regulatory Agency 16 (3) The Company holds the following regulatory permits: 14 Water: DEP ID # 223650-001-WC ; CUP # 11-02336-W 18 Sewer: DEP ID # FLA 376400 Schedule No. 1 46 Ave Maria Utility Company, LLLP Schedule of Annualized Revenue For the Year Ended December 31, 2023 Line No. 1 Water 2 Residential & General Service 3 Base Facility Charges: 4 5/8 x 3/4" 5 1" 6 1 1/2" 7 2" 8 3" 9 4" 10 Total Base Facility Charges 11 Gallonage Charges: 12 Residential 13 Up to 5,000 gallons 14 5,001-10,000 gallons 15 10,001-15,000 gallons 16 Over 15,000 gallons 17 General Services 18 Gallonage charge per 1,000 gallons 19 Gallonage charge per 1,000 gallons Construction Use 20 Total Gallonage Charges 21 Total Annualized Water Revenue 22 Sewer 23 Residential & General Service 24 Base Facility Charges: 25 5/8 x 3/4" 26 1" 27 1 1/2" 28 2" 29 3" 30 4" 31 Gallonage Charge per 1,000 gallons 32 Total Residential and General Service 33 Reclaimed Water Service 34 Base Facility Charges 35 6" 36 8" 37 Gallonage Charge per 1,000 gallons 38 Total Reclaimed Water 39 Total Annualized Sewer Revenue Present Rates $ 42.85 107.10 214.18 342.69 642.53 1,070.90 No. of Bills/ Gallons (000) Annualized 47,640 $ 2,041,374 156 16,708 600 128,508 564 193,277 240 154,207 12 12,851 2,546,925 3.02 133,675 403,698 4.57 26,113 119,335 6.07 3,798 23,056 9.08 2,216 20,122 3.40 85,074 289,253 6.44 8,264 53,220 908,684 $ 3,455,609 $ 51.32 47,424 $ 2,433,800 128.23 72 9,233 256.48 576 147,732 410.35 492 201,892 769.44 228 175,432 1,282.40 12 15,389 5.01 247,062 1,237,780 4,221,258 4,619.79 12 55,437 7,387.42 24 177,298 0.59 325,700 192,163 $ 4,646,157 Schedule No. 2 47 Ave Maria Utility Company, LLLP Schedule of Present and Proposed Rates For the Year Ended December 31, 2023 Monthly Rates Line Present Index Proposed No. Rates(l) Increase (2) Rates 1 Water ( 2.19% ) Increase 2 Residential & General Service 3 Base Facility Charges: 4 5/8 x 3/4" $ 42.85 $ 0.94 $ 43.79 5 1" 107.10 2.35 109.45 6 11/2" 214.18 4.69 218.87 7 2" 342.69 7.50 350.19 8 3" 642.53 14.07 656.60 9 4" 1,070.90 23.45 1,094.35 10 6" 2,141.78 46.90 2,188.68 11 8" 3,426.88 75.05 3,501.93 12 Gallonage Charges: 13 Residential 14 Up to 5,000 gallons $ 3.02 $ 0.07 $ 3.09 15 5,001-10,000 gallons 4.57 0.10 4.67 16 10,001-15,000 gallons 6.07 0.13 6.20 17 Over 15,000 gallons 9.08 0.20 9.28 18 General Services 19 Gallonage charge per 1,000 gallons $ 3.40 $ 0.07 $ 3.47 20 Gallonage charge per 1,000 gallons Construction Use 6.44 0.14 6.58 21 Wastewater ( 1.93% ) Increase 22 Residential & General Service 23 Base Facility Charges: 24 5/8 x 3/4" $ 51.32 $ 0.99 $ 52.31 25 1" 128.23 2.47 130.70 26 11/2" 256.48 4.95 261.43 27 2" 410.35 7.92 418.27 28 3" 769.44 14.85 784.29 29 4" 1,282.40 24.75 1,307.15 30 6" 2,564.78 49.50 2,614.28 31 8" 4,103.66 79.20 4,182.86 32 Gallonage Charge per 1,000 gallons $ 5.01 $ 0.10 $ 5.11 33 Reclaimed Water ( 1.93% ) Increase 34 Base Facility Charges 35 6" $ 4,619.79 $ 89.16 $ 4,708.95 36 8" 7,387.42 142.58 7,530.00 37 Gallonage Charge per 1,000 gallons $ 0.59 $ 0.01 $ 0.60 38 Notes: (1) Present Rates are net of the regulatory assessment fee, which will be calculated and shown as a separate 39 line item on the customers' monthly bill 40 (2) The adjustment to the base and volume charge is calculated by multiplying the current charges 41 by the indexed percentage increase in revenue (Schedule No.1, line 10) Schedule No. 3 48 FINAL ORDER NO.2024-05 COLLIER COUNTY WATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-6 (11) AND (J), COLLIER COUNTY ORDINANCE NO. 96-6, _ AS AMENDED, APPROVING PRICE INDEXING AND PASS -THROUGH INCREASES IN WATER AND WASTEWATER RATES FOR AVE MARIA UTILITY COMPANY, AND REQUIRING THE UTILITY TO NOTIFY ITS CUSTOMERS OF THE INCREASES IN RATES. WHEREAS, Ave Maria Utility Company, LLLP (AMUC) is the holder of a certificate for the provision of wastewater service to certain portions of Collier County; and WHEREAS, Sections 1-6 (I) and (J), Collier County Ordinance No. 96-6, as amended, provide for price index adjustments and pass -through adjustments, respectively; and WHEREAS, on February 29, 2024, the Collier County Water and Wastewater Authority ("AUTHORITY") adopted Final Order No. 2024-01 establishing the 2024 Price Index for investor -owned water and wastewater utilities operating in Collier County; and WHEREAS, on July 8, 2024, the AMUC submitted its application for 2024 Price Indexing and recovery of increased pass -through costs for wastewater expenses, resulting in increases in its wastewater rates; and WHEREAS, pursuant to Ordinance No. 96-6, as amended, the increase in water and wastewater rates, attributable to price indexing, cannot exceed the 2024 Price Index factor of 3.24%; and WHEREAS, AUTHORITY staff recommends approval of the AMUC'S application for a Price Index and pass -through increase to thereby authorize a 2.19% increase for water service rates and a 1.93% increase to wastewater service rates, which is anticipated to increase AMCU's annual revenues for water services by $75,606 and wastewater services by $89,688. NOW, THEREFORE BE IT ORDERED by the AUTHORITY in public meeting assembled, pursuant to Collier County Water and Wastewater Utility Regulatory Ordinance, Ord. No. 96-6, as amended, that. 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. The 2024 Price Index and pass -through application, which seeks an additional $75,606 in water revenue and $89,688 in wastewater revenue resulting in a rate increase of 2.19% in water service rates and a 1.93% for wastewater service rates, is hereby approved and authorized. [24-OPS-01220/1877703/1] Page 1 of 2 49 CAO 2. The water and wastewater rates, as depicted in the Tariff Sheets, attached hereto as Exhibit "A", and by this reference incorporated herein, are approved and authorized, effective immediately. 3. Pursuant to Collier County Ordinance No. 96-6, as amended, the AMUC shall provide written notice to its water and wastewater customers of the authorized increase and the basis for the increase. Such notice is attached hereto as Exhibit `B" and incorporated herein by reference. This Final Order adopted this P day of August 2024, after motion, second, and majority vote favoring the same. COLLIER COUNTY WATER AND as to form andlaality: WASTEWATER AUTHORITY / IkQ rek D. Perry � Eloy airman Assistant County Attorney ti Attachments: Exhibit "A" - Revised Water and Wastewater Tariffs Exhibit `B" - Written Notice [24-OPS-01220/ 1877703/ 11 Page 2 of 2 n 70 EXHIBIT "A" Revised Water and Wastewater Tariffs 51 CAO THIS PAGE INTENTIONALLY LEFT BLANK 52 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WATER SEVENTEENTH REVISED SHEET NO. 13.0 CANCELS SIXTEENTH REVISED SHEET NO. 13.0 GENERAL SERVICE RATE SCHEDULE GS AVAILABILITY - Available throughout the area served by the Company. APPLICABILITY - For water service to commercial Customers and all Customers for which no other schedule applies. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. RATE - BASE FACILITY REGULATORY METER SIZE CHARGE PER MONTH ASSESSMENT FEE 5/8" x 3/4" $43.79 $0.88 1" 109.45 2.19 1 1/2" 218.87 4.38 2" 350.19 7.00 3" 656.60 13.13 4" 1,094.35 21.89 6" 2,188.68 43.77 8" 3,501.93 70.04 Gallonage Charge (per 1,000 Gallons) $3.47 $0.07 Gallonage Charge (per 1,000 Gallons) Construction Use $6.58 $0.13 MINIMUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within twenty (20) days. After five (5) days' written notice, water service may be discontinued. David Genson, Agent NAME TITLE C; 53 U NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WATER AVAILABILITY - APPLICABILITY MUTATIONS - METER SIZE 5/8" x 3/4" 1" 1 '/z" Gallonage Chars Up to 5,000 gallons 5,001 to 10,000 gallons 10,001 to 15,000 gallons Over 15,000 gallons MINIMUM CHARGE - EIGHTTEENTH REVISED SHEET NO. 14.0 CANCELS SEVENTEENTH REVISED SHEET NO. 14.0 RESIDENTIAL SERVICE RATE SCHEDULE RS Available throughout the area served by the Company. For water service to all residential Customers. Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. BASE FACILITY CHARGE PER MONTH $43.79 109.45 218.87 $3.09 4.67 6.20 9.28 REGULATORY ASSESSMENT FEE Base Facility Charge only, if no consumption. $0.88 2.19 4,38 $0.06 0.09 0.12 0.19 TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within twenty (20) days. After five (5) days' written notice, water service may be discontinued. David Genson —Agent NAME TITLE r, 54 90 NAME OF COMPANY WASTEWATER AVAILABILITY - APPLICABILITY - LIMITATIONS - RATE - METER SIZE AVE MARIA UTILITY COMPANY, LLLP SEVENTEENTH REVISED SHEET NO. 12.0 CANCELS SIXTEENTH REVISED SHEET NO. 12.0 GENERAL SERVICE RATE SCHEDULE GS Available throughout the area served by the Company. For wastewater service to commercial Customers and all Customers for which no other schedule applies. Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. BASE FACILITY REGULATORY CHARGE PER MONTH ASSESSMENT FEE 5/8" x 3/4" $52.31 $1.05 1" 130.70 2.61 1 1/2" 261.43 5.23 2" 418.27 8.37 3" 784.29 15.69 4" 1,307.15 26.14 6" 2,614.28 52.29 8" 4,182.86 83.66 Gallonage Charge (per 1,000 Gallons) $ 5.11 $0.10 Nf[NEVUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within twenty (20) days. After five (5) days' written notice, wastewater service may be discontinued. David Genson, Agent NAME TITLE n 55 �O NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WASTEWATER EIGHTEENTH REVISED SHEET NO, 13.0 CANCELS SEVENTEENTH REVISED SHEET NO. 13.0 RESIDENTIAL SERVICE RATE SCHEDULE RS AVAILABILITY - AvaiIable throughout the area served by the Company: APPLICABILITY - For wastewater service to all residential Customers. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. RATE - BASE FACILITY REGULATORY METER SIZE CHARGE PER MONTH ASSESSMENT FEE 5/8" x 3/4" $52.31 $1.05 1" 130.70 2.61 1 1 /2" 216.43 5.23 Gallonage Charge (per 1,000 Gallons) $ 5.11 $0.10 MINIMUM CHARGE - Base Facility Charge only, if no consumption. TERMS OF PAYMENT - Bills are due when rendered and become delinquent if not paid within twenty (20) days. After five (5) days' written notice, wastewater service may be discontinued. David Genson, Agent NAME TITLE 56 r) 0 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP WASTEWATER SEVENTEENTH REVISED SHEET NO. 14.0 CANCELS SIXTEENTH REVISED SHEET NO. 14.0 RECLAIMED WATER SERVICE RATE SCHEDULE AVAILABILITY - Available by special contract to areas within the certificated service territory of Service Company. APPLICABILITY - To the extent of its capacity and wastewater flows, the Utility will provide irrigation quality water using treated wastewater effluent. LIMITATIONS - Subject to all of the Rules and Regulations of this Tariff and General Rules and Regulations of the Authority. RATE - BASE FACILITY REGULATORY METER SIZE CHARGE PER MONTH ASSESSMENT FEE 6" $4,708.95 $94.18 8" 7,530.00 150.60 Gallonage Charge (per 1,000 Gallons) $0.60 S0.01 David Genson, Agent NAME TITLE 57 a`� EXHIBIT "B" Ave Maria Utility Company, LLLP's Customer Notice 58 �-�� THIS PAGE INTENTIONALLY LEFT BLANK 59 Ave Maria U i i I i t y Coin piny CUSTOMER NOTICE October , 2024 On February 29, 2024, the Collier County Water and Wastewater Authority (the "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 adjustment in rates would depend on increases or decreases in non -controllable expenses and subject to inflationary pressures such as chemicals, and other operational and maintenance costs. The provisions of Ordinance 96-6 Section 1-6(J) allow investor owned water and wastewater utilities such as Ave Maria Utility Company, LLLP ("utility" or "AMUC") to "pass through" increases in electric power costs. On July 8, 2024, AMUC ,filed notice of intent with the Growth Management District (GMD) Operations & Regulatory Management Division, to increase water and wastewater rates as a result of the combined impact of the inflation index increase and the increase in electric power costs. If acknowledged and approved by the Collier County Water and Wastewater Authority, water rates will increase by approximately 2.19% and wastewater rates by 1.93%. The adjusted rates should be reflected on your bill for October service. You can review a schedule of the present and new rates on the utility website at: https://amue. co m/service/do cs/Current_and_Propo sed_Rates_2024. pdf. Should you have any questions, please contact your local utility office at (239) 348-0248. Be sure to have your account number handy for quick reference. Customers may also direct inquiries to the Growth Management Community Development Department, 2800 North Horseshoe Drive, Naples, Florida 34104 at (239) 252-2400. 60�.d� IT COURT � o U Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, CCWWA Notice of Public Meeting and Final Order No. 2024-03 was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 07/25/2024 until 08/07/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. ( iant Signa re) Wfian Printed'Nahie)- Sworfl to`and su�k}bed before me this 07/31/2024 1 'Crystal K. K1nzel",}lerk of the'. Circuit Court & 'Comptroller s E 7 Clerk Printed N e) ate NOTICE OF PUBLIC MEETING V%-D FINAL ORDER NO. 2024-03 COLLIER COUNTY WATER AND WASTEWATER :ATER AUTHORITY 2800 NORTH HORSESHOE DRIVE NAPLES. FL 34104 CONFERENCE ROOM 609;'610 3IONBAY, AUGUST 5, 2024 3:00 P.'-Ni. FINAL. ORDER NO.2024-03 COLLIER COLWn, R :ATER AND WASTEWATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY W :ATER AND WASTEWATER :ATER AUTHORITY, PURSUANT TO COLLIER COUNTY ORDINANCE NO.96-6, SECTIONS 1-3. A.?_8, AS AMENDED, TO APPROVE THE REVISION OF AVE AIARIA UTILITY CO]NIP.AkNY, LLLYS INDEX OF RATES AND CHARGES SCHEDULES TO EFFECTUATE THE ADDITION OF A 3ICZTI-FA_�IELY SERVICE RATE CLASSIFICATION WITHOUT CHANGE TO CURRENT TARIFFS RATES. COLLIER COUNTY WATER AND W:ASTEW:ATER AUTHORITY ELOY RIC ARDO, CHAML-UN 11 cocRTCc o � o r Clerk of the Circuit Court and Collier County, Florida 3315 Tamiami Trail East, Ste. 102 Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, CCWWA Notice of Public Meeting and Final Order No. 2024-04 (8-5-24) was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 07/25/2024 until 08/07/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. ( fiant Si Oge) ,Wffqt% PrinteA lmb1 Swoti, o andsir ib&d before me this 07/31/2024 tygta.'Ii )° litkbf the Circuit Court & QQntpti$jler y M 0 • % �f (Deputy Clerk Printed N -7 31 Date Comptroller - Crystal K. Kinzel - Naples, FL 34112-5324 \OTIC E OF PUBLIC MEETING AND FINAL ORDER NO. 2424-04 COLLIER C OUNTY CVATER AND WASTE«: TER UTHORITY 2300 NORTH HORSESHOE DRIVE NAPLES. FL 34104 CON FERE\C'E ROO-M 609.610 _MOOD Y. AUGUST 5.2024 3:00 P.M. FINAL ORDER NO. '_0'_4-04 C OLLEER COUNTY R :- TEA AND NVASTE`V ATER AUTHORITY A FINAL ORDER OF THE COLLIER COI -\TT WATER _ ND 'WASTEIVATER AUTHORITY. PURSUANT TO COLLEER C OU TY ORDI\ A\CE NO. 96-6. AS AMENDED. REGARDING A17E-1L-kRIA UTILITY COMP_ NY. LLLP'S CUSTOMER DEPOSITS: TO _APPROVE THE FOURTH REVISED WASTE`lATER RATE TARIFF SHEET NO. 15.0 C'VSTO-IER DEPOSITS: A;\-D TO APPROVE THE FOURTH REVISED WATER RATE TARIFF SHEET \O. 15.0 CUSTOMER DEPOSITS. . COLLIER C OI-\TY R'ATER AND NVASTENVATER AUTHORITY ELOY RIC ARDO, C HAIR -MAN G,�CV11 COURT o o r Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen, who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, CCWWA Notice of Public Meeting and Final Order No. 2024-05 (8-5-24) was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 07/25/2024 until 08/07/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. (Ahiant $igR ) _(Affial PAAtbd-.Naip&). `= 'Swormto an€l'�OOs bb�d before me this 07/31/2024 :-Cxy�tal:K. KTnael.0erk;9f the Circuit Court & -.Comptroler` V,eputy Clerk Signature) ' L '/--4 Vi jar(Deputy erk Printe N e) e NOTICE OF PUBLIC AJ EETING AND FINAL ORDER NO. 2024-05 COLLIER COUNTY NV :TER AND WASTEWATER :TER AUTHORITY 2800 NORTH HORSESHOE DRIVE MAPLES. FL 34104 CONFERENCE ROOM 609410 DIO\-DAY, AUGUST 5, 2024 3:00 P.I. FINAL ORDER NO. 2024-05 C OLLIF.R COUNTY R:kTER AN-D %j:kSTER"ATER AUTHORITY A FINAL ORDER OF THE COLLIER COUNTY WATER AND WASTENVATER AUTHORITY, PURSUANT TO SECTION 1-6 (1) AND (.n, COLLIER COUNTY ORDINANCE NO. 96-6, AS A*IEN-DED, APPROVING PRICE INDEXING AND PASS -THROUGH INCREASES IN RATER AND ► ASTEWATER RATES FOR AVE 1LARLAL UTILITY C-OAIPAN-Y, AND REQUIRING THE 17MITY TO NOTIFY ITS CUSTOMERS OF THE INCREASES IN RATES. COLLIER COU1'TY WATER -AND NVASTE14TATER AUTHORITY ELOY RIC ARDO, C HAIR-1 LUX Ave Maria Utility Company, LLLP 2024 Proposed Customer Deposit and Tariff Change Based on 2500 gallons Water WW Base $ 43.79 $ 52.31 Use $ 7.73 $ 12.78 Tax $ 1.03 $ 1.30 Total $ 52.55 $ 66.39 2 months $ 105.09 $ 132.77 Rounded $ 100.00 $ 130.00 Current $ 80.00 $ 100.00 Proposed $ 100.00 $ 130.00 Increase $ 20.00 $ 30.00 The new deposits are based up on the average bill for residential class customers for 2 months of service in keeping with Standard regulatory and FPSC standard practice. Average billed residential consumption is approximately 2500 gallons per month. 2014 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP THIRD REVISED SHEET NO. 15.0 CANCELS SECOND REVISED SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT - To provide Company with security towards payment of water service bills. ESTABLISHMENT OF CREDIT - Before rendering water service, the Company may require an applicant for service to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment. AMOUNT OF DEPOSIT - The amount of initial deposit will be the following according to meter size: Meter Size Deposii 5/8" x 3/4" $ 80 1° $ 165 11/2" $ 330 2' $ 528 3" $ 990 4" $ 1,650 6" $ 3,300 8" $ 5,280 Construction meter (2") $ 528 Construction Hydrant Backflow/Meter actual meter cost ADDITIONAL DEPOSIT - When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT - The Company will pay simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT — After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the Company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit of a non-residential Customer who has received service for 23, consecutive months, but shall continue to pay interest on the non-residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Paul Marinelli. Agent NAME TITLE 2024 - Proposed NAME OF COMPANY: WATER AVE MARIA UTILITY COMPANY, LLLP FOURTH REVISED SHEET NO. 15.0 CANCELS THIRD REVISED SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT — To provide Company with security towards payment of water service bills. ESTABLISHMENT OF CREDIT — Before rendering water service, the Company may require an applicant to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment. AMONT OF DEPOSIT — The amount of the initial deposit will be the following according to meter size: METER SIZE DEPOSIT 5/8" X 3/4" $100 1" $230 11/2" $460 2" $730 3" $1,350 4" $2,245 6" $4,480 8" $7,150 Construction Meter (2") $750 Construction Hydrant Backflow/Meter actual meter cost ADDITIONAL DEPOSIT — When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT — The Company will pay a simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT — After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit for a non-residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non-residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Douglas E. Baird, Agent NAME TITLE 2014 NAME OF COMPANY: AVE MARIA UTILITY COMPANY, LLLP THIRD REVISED SHEET NO. 15.0 CANCELS SECOND REVISED SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT - To provide Company with security towards payment of wastewater service bills. ESTABLISHMENT OF CREDIT - Before rendering wastewater service, the Company may require an applicant for service to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment AMOUNT OF DEPOSIT -The amount of initial deposit will be the following according to meter size: METER SIZE Deposit 5/8" x 3/4" $ 100 1" $ 235 11/2" $ 470 2" $ 752 3" $ 1,410 4" $ 2,350 6" $ 4,700 8" $ 7,520 Construction meter (2") N/A Construction Hydrant Backflow/Meter N/A ADDITIONAL DEPOSIT - When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT - The Company will pay simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service: The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT — After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the Company will refund the Customer's deposit The Company may, in its discretion, hold the deposit of a non-residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non-residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Paul Marinelli. Agent NAME TITLE 2024 - Proposed NAME OF COMPANY: WASTEWATER AVE MARIA UTILITY COMPANY, LLLP FOURTH REVISED SHEET NO. 15.0 CANCELS THIRD REVISED SHEET NO. 15.0 CUSTOMER DEPOSITS PURPOSE OF DEPOSIT — To provide Company with security towards payment of water service bills. ESTABLISHMENT OF CREDIT — Before rendering wastewater service, the Company may require an applicant to establish credit to the Company's satisfaction; however, the establishment of such credit does not relieve the Customer from complying with the Company's rules for prompt payment. AMONT OF DEPOSIT — The amount of the initial deposit will be the following according to meter size: METER SIZE DEPOSIT 5/8" X 3/4" $130 1" $290 I1/2" $550 2" $870 3" $1,620 4" $2,690 6" $5,350 8" $8,550 Construction Meter (2") N/A Construction Hydrant Backflow/Meter N/A ADDITIONAL DEPOSIT — When warranted, the Company may require a new deposit, if previously waived or returned, or an additional deposit in order to secure payment of current bills. INTEREST ON DEPOSIT — The Company will pay a simple interest on Customer deposits at a rate of three (3)% per annum; however, no interest will begin accruing unless and until the Customer has timely paid for at least six months of continuous service. The payment of interest will be made once a year as a credit on regular bills and on final bills when service is discontinued. REFUND OF DEPOSIT — After a residential Customer has established a payment record to the satisfaction of the Company and has received service for 23 consecutive months, the company will refund the Customer's deposit. The Company may, in its discretion, hold the deposit for a non-residential Customer who has received service for 23 consecutive months, but shall continue to pay interest on the non-residential Customer's deposit. Nothing in this Tariff prohibits the Company from refunding a Customer's deposit in less than 23 months. Douglas E. Baird, Agent NAME TITLE Collier County Water and Wastewater Authority Attendance Roster — Date: August 5, 2024 CCWWA Members **Must have (3) members for a quorum** Eloy Ricardo: Patricia Sherry: Bryant Elliot Colins: Eugene Wordehoff: / l Don Munksga Staff Members James French Deputy Department Head, GMCD Michael Stark Present Director, Operations & Regulatory Management Derek D. Perry Assistant County Attorney Present Evelyn Trimino Manager — Financial Operations, GMCD Monica Leon Present Budget Analyst, Operations & Regulatory Management Rey Torres Fuentes, Operations Support Specialist I Staff Liaison, Operations and Regulatory Management Additional Staff Name and Title Collier County Water and Wastewater Authority Public Sign -in Sheet August 5, 2024 Please Print NAME I REPRESENTING I PHONE NO. .'r�v� Sri, �'1 �e VVI� i�'., v� I ��.� 23°� - (0O ► - � z ► p l � e I I� zl Collicr ount Growth Management Community Development Department FT f/ 7 TM K t' N AV Vater and Wastewater Authority Monday, August 5th, 2024 1IF W T 40, I. Call to Order (Determination of Quorum) and Roll Call a) Welcome New Member — Don Munksgaard II. Approval of Agenda — Meeting of August 5, 2024 III. Approval of Minutes — Meeting of February 29, 2024 IV. Items Requiring Action by Authority a) Final Order 2024-03 b) Final Order 2024-04 c) Final Order 2024-05 V. Staff Discussions a) AMUC — Annual Report Update VI. Open to the Public VII. Authority Members Discussion VIII. Adjourn kpproval of Agenda 8 Florida Statute 286.011 Public meetings and records. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. kpproval of Agenda 8 Authority Staff Request for future approval of minutes: Motion: To allow the chairmen or vice-chairmen to appro and electronically sign meeting minutes after all committ( members have reviewed them by email and have no objections. Final Order 2024-03 — Ave Maria Utility Company, Addition of Multi -family Service Rate Classification • Ordinance No. 96-6, Sections 1-3.A.7-8, As Amended • Section 1-3.A.7 authorizes the Authority to issue a final order approving, modifying, or denying any tariff, or other rule or regulation proposed to be established by or on behalf of an applicant or utility. Section 1-3.A.8 authorizes the Authority to, by final order, establish and from time - to -time amend a uniform system and classification of accounts. Request: Ave Maria Utility Company (AMUC) has requested to add a multi -family classificati without change to current tariff rates. iequiring Action bV the AUMC Final Order 2024-04 — Ave Maria Utility Company, Revision of Water and Wastewater Customer Deposits • Ordinance No. 96-6, Sections 1-3.A.7-8, As Amended • Section 1-3.A.7 authorizes the Authority to issue a final order approving, modifying, or denying any tariff, or other rule or regulation proposed to be established by or on behalf of an applicant or utility. Request: Ave Maria Utility Company (AMUC) has requested to revise their customer deposits for both water and wastewater. Final Order 2024-04 — Ave Maria Utility Company, Revision of Water and Wastewater Customer Deposits Water [Wastewate 5/8" x 3/4" $80 $100 25% 5/8" x 3/4" $100 $130 30% 1" $165 $230 39% 1" $235 $290 23% 1 1/2" $330 $460 39% 1 1/2" $470 $550 17% 2" $528 $730 38% 2" $752 $870 15% 3" $990 $1,350 36% 3" $1,410 $1,620 15% 4" $1,650 $2,245 36% 4" $2,350 $2,690 14% 6" $3,300 $4,480 35% 6" $4,700 $5,350 14% 8" $5,280 $7,150 35% 8" $7,520 $8,550 13.7% Construction $528 $750 42% Construction N/A N/A Meter Meter Final Order 2024-04 — Ave Maria Utility Company, Revision of Water and Wastewater Customer Deposits Water 5/8" x 3/4" $28.05 $43.79 1" $70.11 $109.45 1 1/2" $140.22 $218.87 2" $224.36 $350.19 3" $420.65 $656.60 4" $701.08 $1,094.35 6" $1,402.16 $2,188.68 8" $2,243.46 $3,501.93 Gallonage Charge $2.23 $3.47 Per 1,000 gl. Wastewater General Service Rate Schedules 5/8" x 3/4" $34.67 $52.31 1" $86.67 $130.70 1 1/2" $173.34 $261.43 2" $277.33 $418.27 36% 3" $520.01 $784.29 4" $866.68 $1,307.15 6" $1,733.36 $2,614.28 8" $2,773.37 $4,182.86 Gallonage Charge $3.39 $5.11 Per 1,000 gl. 33% iequiring Action bV the AUMC Final Order 2024-05 — Ave Maria Utility Company, 2024 Price Index and Pass -Through • Ordinance No. 96-6, Sections 1-6 (1) and (J) • Provide for price index adjustments and pass -through adjustments respectively. Request: Ave Maria Utility Company (AMUC) has submitted its application for 2024 Price Indexing and recovery of increased pass -through costs. Ordinance 96-6 Collier County Water and Wastewater Utilities Regulatory Ordinance. Section 1-14. Annual Financial Reporting Requirement. A. Each Utility shall annually, within one hundred and twenty (120) days of the close of its fiscal year, file with the Authority a Financial Report of its operation in Collier County during the fiscal year (Page 29). Due date: Tuesday, April 30, 2024. On April 24, 2024, AMUC made its formal request for a 30-day extension. Under Ordinance 96-6, Section 1-8 Misc. Provisions F. Extension of required time periods. Unless prohibited by law, the Authority, for good cause, may grant extensions to time periods specified in this Ordinance or in Rules of the Board. Per the Rules of the Authority 2.5(4), A utility may file a written request for an extension of time with the Authority. One extension of thirty (30) days will be automatically granted upon request. IN p Ar Collier Count Growth Management Community Dew1opri-kerrt Agenda Item No.: Agenda Item Topic: (Fcmr Public Comment, list topic) Meeting Date: OL Name: Address: Uj kn Representing/Petitioner- Other: Uqj COLLIER COUNTYORDINANCE NO- 2003-53, AS AMENDED BY ORDI NANCE 20C4-05 AND 2007-24, REQUI R ES THAT ALL LOB BYISTS SHALL, BEFORE OL ENGAGING IN ANY LOBBYING ACTIVIITIES [INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WFrH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. PUBLIC COMMENTIS NOT INTENDED TO BEA FORUM FORSELF-PROMOTION. PUBLIC COMMENT SPEAKERS WHO ENGAGE IN ADVERTISING THEIR BUSINESS, PERSONAL POLITICKING, OR OTHER FORMS OF SELF -PROMOTION, WILL BE ASKED TO LEAVE THE PODIUM. FLtJA3,tGIVE THE L"FWIVLLItUFORM TO THE STAFF LIAISON. Awl • - • - • 1Fj Q.� ~ �. - �• - ^} J �.. ` _"' / sue`-�`+9x. ` _ r 1 �:t _-- z- . j tf (TJlt -3��+.r7[�3�4r��fF�r1�M�R.r III _ Xx {{� "T`��,c. �'� _ .cam$►; @dam' cif op NO "r S �, _ "-w a, t t_;A. r _ ¢ � � Y r � �"•t � - � �, �� _ /fir 1 �'''• /� �•is ' � � .Y � � I 'Ai ±��.. �. ..fir ��,�. t. lk �,� '�it.. r u�- ,: -.- it �r 4 � c!', ,�• •m � ' � t S�$��x�yy". y"<C� - s r' i a f �1�(S�A.. ••"-:• Collier County Growth Management Community Development Department Adjournment Water and Wastewater uthority