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Agenda 12/16/2008 Item #16A 2 Agenda Item No. 16A2 December 16, 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (Board) adopt a resolution to adjust the regulatory assessment fee from two percent to three percent of gross revenues for nonexempt privately owned water and wastewater utilities subject to local regulation, as well as all other water and wastewater utilities bound by Interlocal Agreement, effective March 1, 2009, as approved by the Board in the fiscal year 2009 budget and as approved by the Collier County Water and Wastewater Authority. OBJECTIVE: To adjust the existing regulatory assessment fee of private water and wastewater utilities under local regulation from 2% to 3%, effective March 1,2009. CONSIDERATIONS: Utilities regulated by Collier County include Ave Maria Utility Company, Goodland Isles, Inc., North Marco Utility, Orange Tree Utility, and the Florida Governmental Utility Authority, pursuant to an Interlocal Agreement. ,-' Fee History - With the recommencement of Collier County regulating privately held and investor owned water and wastewater utilities in 1996, the County initially collected regulatory assessment fees from utilities at the rate of 4V2% of each utility's gross revenues - the same rate charged by the Florida Public Service Commission for the period 1986 through 1995, On October I, 1997, the Board decreased the fee from 4WYO to 3%, on October I, 1998 the Board decreased the fee from 3% to I \1,%, and on October I, 2003 the Board increased the fee from I V2% to 2%. Since the Board assumed the regulatory oversight of these utilities in 1996, reductions from the original fee charged by the Florida Public Service Commission (PSC) have resulted in a savings of $4.8 million to consumers over the last ten years (FY98 through FY08) while allowing the County to exercise its home rule authority by offering local regulatory representation and rate oversight. County regulatory revenues generated by these fees have historically paralleled staff expenditures related to the regulatory process, while maintaining a static reserve to fund specialized legal, engineering, and rate consultants. Despite reductions in the regulatory operating budget and the elimination of one full-time staff position in FY06, costs have steadily outpaced revenues, resulting in a reduction of reserves. ,.- FY09 Budget - On September 22, 2008, the FY09 regulatory budget (Fund 669) and recommendation to increase the regulatory fee was presented to the Collier County Water and Wastewater Authority (Authority). As presented to the Authority, the typical residential utility customer served by the regulated utilities with a monthly water/sewer bill of $70 will realize an increase of approximately 70 cents per month, or $8.40 annually. Even with this modest increase, this new regulatory fee is still well under the PSC's 4WYO. The Authority unanimously recommended Board approval of the increase in the regulatory fee. Agenda Item No. 16A2 December 16, 2008 Page 2 of 5 During the Board's June 19, 2008 Budget Workshop for FY09, staffs recommendation to increase the fee was outlined for consideration and approved at the Board's September 18, 2008 Budget Workshop, An increase in the fee requires a public hearing before the Board, sixty days prior to the effective date of the adjustment of the fee, pursuant to Ordinance No. 96-6, as amended. FISCAL IMPACT: County regulatory oversight of privately held and investor owned water and wastewater utilities has no impact on the County's General Fund. The adjustment of the regulatory assessment fee from 2% to 3% is expected to increase annual revenues to the Utility Trust Fund (669) by approximately $66,000. GROWTH MANAGEMENT IMPACT: This action has no impact on growth management. LEGAL CONSIDERATIONS: This item is not quasi-judicial and requires a majority vote. This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. - STW RECOMMENDATION: That the Board adopt the accompanying resolution to increase the Regulatory Assessment Fee from 2% to 3%, effective March I, 2009, thereby authorizing the Collier County Water and Wastewater Authority to adjust water and/or wastewater rates of regulated utilities, as appropriate. PREPARED BY: James C. French, Operations Manager, Community Development and Environmental Services and Executive Director, Collier County Water and Wastewater Authority. ,- Agenda Item No. 16A2 December 16, 2008 Page 3 of p I RESOLUTION NO. 2008-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1-12(e), COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, ESTABLISHING THE REGULATORY ASSESSMENT FEE OF 3.00 PERCENT OF GROSS REVENUES FOR NONEXEMPT PRIVATE WATER AND WASTEWATER UTILITIES SUBJECT TO THE REGULATORY ASSESSMENT FEE PURSUANT TO ORDINANCE 96-6, AS AMENDED, AS WELL AS ALL OTHER WATER AND W ASTEW A TER UTILITIES BOUND BY INTERLOCAL AGREEMENT FOR REGULATORY OVERSIGHT; DIRECTING THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY TO ADJUST WATER AND/OR W ASTEW ATER RATES OF SAID UTILITIES, AS APPROPRIATE. WHEREAS, Resolution No, 96-104 excluded Collier County from the provisions of Chapter 367, Florida Statutes, thereby assuming certain subject matter jurisdiction over nonexempt water and wastewater utilities operating in unincorporated areas of Collier County; and WHEREAS, Ordinance No. 96-6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and WHEREAS, Section 1-12 (E), Ordinance No. 96-6, as amended, provides for the Board of County Commissioners (BOARD) to determine the amount of the regulatory assessment fee from time to time after public hearing, but not to become effective earlier than sixty (60) days after adoption of each such implementing Resolution; and WHEREAS, on June 19, 2008, during the FY09 Budget Workshop, staff recommended an adjustment of the regulatory assessment fee from 2.00 percent to 3,00 percent; and WHEREAS, BOARD indicated its concurrence with the staff recommendation to adjust the fee; and WHEREAS, pursuant to Ordinance No. 96-6, as amended, only the BOARD may adjust regulatory assessment fees after a duly advertised public hearing; and WHEREAS, the AUTHORITY is authorized to adjust water and wastewater rate tariffs of nonexempt private water and wastewater utilities under its jurisdiction to reflect each change in regulatory assessment fees authorized by the BOARD. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: 1. The regulatory assessment fee is hereby established at 3.00 percent, effective March 1, 2008, of gross revenues for all water and wastewater Agenda Item No. 16A2 December 16, 2008 Page 4 of,5 utilities subject to the regulatory assessment fee pursuant to Ordinance 96-6, as amended, as well as all other water and wastewater utilities bound by interlocal agreement for regulatory oversight. 2. The Collier County Water and Wastewater Authority shall adjust the water and wastewater tariffs of all utilities subject to the regulatory assessment fee to reflect the increase in the regulatory assessment fee, This Resolution adopted this day of and majority vote favoring adoption. . 2008 after motion, second, ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: By: TOM HENNING, CHAIRMAN Deputy Clerk Approved as to fonn and legal sufficiency: By: Steven Williams, s"n...J Assistant County Attorney Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16A2 December 16, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation that the Board of County Commissioners (Board) Adopt a resolution to adjust the regulatory assessment fee from two percent to three percent of gross revenues for nonexempt privately owned water and wastewater utUities subject to local regulation, as well as all other water and wastewater utllities bound by Interlocal agreement effective March 1, 2009, as approved by the Board of County Commissioners In the fiscal year 2009 budget and as approved by the Collier County Water and Wastewater Authority 12/16/2008 90000 AM Prepared By James French Community Development & Environmental Services Operations Supervisor Date Approved By CDES Operations 11/21/20082:49:33 PM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 11/21/20084:40 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date Approved By 11/21/20084:47 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 11/30/20085:04 PM Approved By OMS Coordinator Administrative Services Applications Analyst Information Technology Date 12/1/200811:34AM Approved By Randy Greenwald County Manager's Office Management/Budget Analyst Office of Management & Budget Date 12/2/200811:03 AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 12/3/20088:40 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 12/7/20089:37 PM file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ 16.%20CONSENT%20AGE... 12/1 0/2008