January 12, 2009

 

 

 

The Ellettsville, Indiana, Town Council met for a Public Hearing on Monday, January 12, 2009, at the Fire Department Training and Conference Room.  Dan Swafford called the meeting to order at 6:00 p.m.

 

Public Hearing for Sewer Rate Ordinance 08-12

 

Dianna Bastin read the ordinance in its entirety.  Section 1: Section 52.118 of the Ellettsville Town Code shall be deleted in its entirety.  Section 2:  Appendix A:  Schedule of Monthly Rates of Chapter 52 shall be amended as listed on the ordinance.  Dianna stated there have been several meetings and they have worked long and hard on these rates.  The Council will decide whether the rates will be raised or not.  Everyone will be heard and all comments will be taken into consideration. 

 

Privilege of the Floor

 

Dan Swafford opened the floor for comments; there will be a three minute time limit.

 

Richard Sanders, speaking on behalf of the Northern Richland Sewer Corporation, believes the ordinance could be misleading to people reading it.  There is a “Treatment Rate” specified but NRSC has a contract and will not pay a new rate without a new contract.  NRSC will have to go through the process of raising their customers’ rates after a new contract with Ellettsville Utilities is signed.  Mr. Sanders has an issue with the monthly billing; it should be read every 30 days but his current bill was extended 32 days.  Being a “minimum water user”, the extended days push him over the minimum limit increasing his bill.  If the ordinance states “30 days”, the meters should be read every thirty days and not more.  What type of contract does the Town have with the contractor who is operating the Utilities Department?  Is it fixed price or cost plus?  Dan Swafford answered “fixed rate”. 

 

Ted Ferguson, Attorney representing Eastern Richland Sewer Corporation has met several times with the Council, Utilities Department and ERSC.  The meetings were very productive and they look forward to getting these rates implemented.  ERSC appreciates the phase in of the rate increase for the wholesale customers over the next two years.  They will be doing a follow through, with a rate tracker, to pass this along.

 

Dan Swafford asked Mike Farmer to explain why the water meter reading goes over 30 days.  Mike explained they try to start reading at the first of every month.  There are billing and reading cycles.  This time of year (holidays, weather etc) can vary the billing cycle.  Dan asked what happens to the minimal user when the readings are over thirty days.  Mike said it possibly could if the user goes over the 3,000 gallon minimum causing an increase to their bill for that month.  Dan asked if it would “adjust out” at the end of the year.  Mike explained the amount for a minimum water user going over 3,000 gallons has been less than a dollar.  Dan asked how is it stated in the policy on meter readings; does there need to be a provision for minimum water users.  Mike stated about one-third of NRSC customers are minimum users.  Dianna stated she is a minimum water user and asked if this would affect her bill.  Mike answered that it could but might not if she doesn’t go over the minimum.  Mike explained an option could be to skip a reading and just bill an estimate if there is bad weather.  They do not like to do this because undetected leaks, especially during this time of the year, would go unnoticed for over thirty days and the customer would still be responsible for the water.  The Utilities Department tries to do what is best for the customers.

 

Conrad Callahan lives in the Meadow Woods addition and is a minimum water usage customer.  His bill never hits the 3,000 gallon limit and when he vacations, it is less than that but he still pays the same rate.  He figured out his usage to what he paid and found that he paid for 18,000 more gallons than he used.  He is suggesting customers should pay for what they use; what the meter states.  He does not know of any other utility that charges a minimum.  Mike Farmer explained the minimum based rate is what it takes to open the doors and make sure everybody has “sewer” everyday of the month.  When the rate was set, it was based on everybody paying a minimum monthly rate; when more water is used the bill goes up assuming more water needs to be treated.  The minimum base rates are not meant to overcharge people using less than 3,000 gallons of water, it is meant to insure that everyone has sewer.  When homes are built, a connection fee is paid and has nothing to do with daily usage of the sewer.  Dan explained sewer service needs to be provided to the community and there needs to be a certain amount collected to maintain business.  Mr. Callahan asked if new growth helps.  Mike explained the plant was built for growth and the Debt Service to pay for the plant is part of the rate structure.  The base rate is what it takes to keep things running.  The last time the base rate was looked at was in 1997 and that is why the Utilities Department is looking for a new base rate. 

 

Howard Kimmel feels now is not the time to raise rates with people out of work and the bad economy.  Dianna said yes they did agonize over that; they started with a higher figure.  Mr. Kimmel asked what will happen to the people who can not pay (the elderly and unemployed).  Dianna stated it has been ten years.  In order to maintain the plant and do business, these are the rates they decided on.  Dan stated help to pay bills is out there; Trustees Office.  Mr. Kimmel disagrees with the minimal bill because he never uses the minimum usage.  People paying over the amount should be paying not the ones using less.  Mr. Kimmel’s average water and sewer bill is $50 a month using 1,500 gallons.  Dan explained the Utilities Department will be implementing this over the next two years to try and “soften the blow”.

 

Ed Bitner knows the Council has already made up their minds to raise the rates.  Ed has not seen this year’s Utility budget but the last one he reviewed had “hundreds of thousands” of dollars in the bank.  Ed doesn’t know if Ellettsville is a 501C3 (but assumes yes) meaning it is a not for profit.  If you are a not for profit and raise rates to make a profit then you are no longer a not for profit and should relinquish the 501C3.  Sandra stated municipal governments are naturally tax exempt and we are not a 501C3.  Ed does not think raising the rates to make big profits is right.  In years past, people on previous boards have raised rates, accordingly, have committed “political suicide” as well as them saying “Ellettsville is all screwed up” and then leave.  Economics 101:   If costs rise, you have to raise your costs and pass them on to someone else.  Ed does not have any ideas on what to do but does know the Council will raise the rates regardless of what anyone says.  Phasing in the increase is a good idea but be careful what you do, how you do it and how much.  He feels a 17% increase is a little much. 

 

Dianna does not know about the “for profit” term.  During all of their meetings, they looked at everything; the cost of doing business, the cost of equipment.  Not just fuel but everything has gone up in price.  This is an unfortunate sign of the times.  The managers, from every department, looked at and questioned every line.  As far as having “hundreds of thousands” of dollars, Dianna, being their liaison, looked at their budget and did not see any money they could use and are not using.  Ed Bitner stated it has been a couple of years since he looked at them.  Dianna welcomed Ed to meet with Utilities Department to review their budget.  Sandra stated the plant uses REMC for electricity.  A year ago the bill was almost $5,000 a month to operate the plant and this month it is just under $8,000. 

 

Jeff Farmer explained there is a Capital Improvement account where hook on fees are deposited into.  There is an Operations and Maintenance (O&M) account used for the operation and maintenance of the plant.  The Capital Improvement account is used for replacement of old clay pipes and other projects like that.  There is some O&M money that has been put aside into CD’s.  The O&M account is presently operating at a deficit close to $100,000 a year for the last few years.  This is what prompted this study and rate increase.  Ellettsville Utilities, NRSC and ERSC all pay into an Equipment Replacement account used only for the equipment at the plant which currently has a balance of $800,000.  That money can not be used by the town to run their Sewer Department.  The Equipment Replacement account has a large balance because the plant is now over ten years old and as time goes on, it will start to need big replacements.  Other expenses that have gone up since 1997 are sludge disposal from fifty cents a ton to $22 a ton, gas, electricity and insurance.  The Utilities Department has tried to “hold the line” for ten years.  The average user will pay $3.80 more based on 4,336 gallons.  The reality is they knew they were starting to operate at a deficit and needed someone to look at it.  They are not looking to make a big profit.  The newest vehicle on their fleet is a 1998 and will need to start replacing some of them.  The news is showing America’s infrastructures are failing.  Ellettsville has fifty year old clay pipes in the ground that are crumbling.  The Utilities Department is trying to eliminate having to buy a new waste water plant again in ten years. 

 

The reason Ellettsville’s rates are high is because in 1995 they were in trouble and had to build a new waste water plant.  They spent several million dollars and that is what everyone is paying for.  The Utilities Department is raising the rates because the revenue did not match the expenses. Dan asked how much “in the red” is the Utilities running monthly.  The charts presently show $20,000 for the year but $100,000 was taken out of a CD; monthly $10,000 a month in the red.  The new rates will bring us closer to the monthly deficit.  There is enough money in revenue to stay afloat for another twelve months.  There is complete, separate and detailed accounting of expenses between the water and sewer department.  The employees and other expenses are paid 50/50 out of each account.  Any expenses for the waste water treatment plant only are paid out sewer. 

 

It was asked from the audience “what does the Town of Ellettsville” pay Bynum Fanyo to manage and how much of a percentage do they receive every year?”  Jeff stated the raise is based on the CPI.  The projected amount for the sewer portion only is $284,000; covering four people, vehicles, insurance, benefits, phone, pagers.

 

Dianna asked if the Utilities Managers will be getting a raise when the rates are increased.  Jeff stated absolutely not. 

 

A gentleman from the audience asked about electronic billing and questioned why he is required to write two checks when paying his water and sewer bills.  Dan said they have been looking into it.  Dianna stated the rate study for water and sewer has been on going.  There is a “to do” list of what customers are asking for.  The town decided to take care of the rate increases first and the rest; one issue at a time.  Sandra has looked at some agreements to provide electronic fund transfers; that all comes at a cost.  There are fees associated with this and they have not found a company that will handle it at a rate the town is comfortable with.  Jeff stated it is not something we offer at this time but it is something we will look into it.  Sandra explained the reason for all the separate check writing is because the Utilities Office is handling the collection for Ellettsville, NRSC and ERSC.  The Utilities Office process and deposit the payments from the other sewer corporations.    

 

A gentleman from the audience asked why they were holding a Public Hearing if they already made up their minds.  Dan said the Public Hearing was to listen to the peoples’ comments. 

 

Dianna Bastin explained the Utilities Department noticed they were in trouble, brought it to the Council and this was started.  The Council, not the Utilities Manager, will decide whether or not to raise the rates.  Dianna never comes to a hearing without thinking that she might hear something that might change her mind.  The Council has worked hard to get to this point.  She does not like it anymore than anyone else; she has to pay the bills too.

 

Adjournment

 

Dianna Bastin made a motion we adjourn this hearing.  David Drake seconded.  Motion carried.  Dan Swafford adjourned the meeting at 6:49 p.m.