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WRAB Complete Packet 2016-2-22WATER RESOURCES ADVISORY BOARD MEETING MEETING DATE: Monday, 22 February 2016 MEETING TIME: 7:00 p.m. MEETING LOCATION: Municipal Services Center, 5050 E. Pearl St., Boulder, CO 80301 Agenda Highlights: 1. Call to Order (7:00 p.m.) 2. Approval of Jan. 25, 2016 Meeting Minutes (7:01 p.m.) 3. *Public Comment (7:05 p.m.) 4. Information Item – Utility Financing (7:15 p.m.) 5. Matters from Board (8:00 p.m.) • WRAB Operating Agreements/Roles 6. Matters from Staff (8:25 p.m.) 7. Discussion of Future Schedule (8:35 p.m.) 8. Adjournment (8:45 p.m.) * Public Comment Item Agenda item times are approximate. Information: • Please contact the WRAB Secretary email group at: WRABSecretary@bouldercolorado.gov • Packets are available on-line at: http://www.bouldercolorado.gov – A to Z, Water Resources Advisory Board (WRAB), Next Water Resources Advisory Board Meeting WRAB Minutes 25 January 2016 Page No. 1 CITY OF BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES Name of Board / Commission: Water Resources Advisory Board Date of Meeting: 25 January 2016 Contact Information of Person Preparing Minutes: Rene Lopez 303-413-7149 Board Members Present: Vicki Scharnhorst, Dan Johnson, Mark Squillace, Lesley Smith, Mike Barnes Board Members Absent: None Staff Present: Jeff Arthur, Director of Public Works for Utilities Douglas Sullivan, Acting Principal Engineer for Water, Wastewater and Stormwater Bret Linenfelser, Water Quality and Environmental Services Manager Eric Ameigh, Projects Coordinator for Public Works. Ken Baird, Utilities Financial Manager Annie Noble, Acting Principle Engineer for Flood and Greenways Chris Douville, Wastewater Treatment Manager Russ Sands, Watershed Sustainability and Outreach Supervisor Tom Settle, Water Treatment Manager Steve Buckbee, Engineering Project Manager Joe Taddeucci, Water Resources Manager Michelle Wind, Drinking Water Quality Manager Rene Lopez, Board Secretary Consultants Present: None Meeting Type: Regular Agenda Item 1 – Call to Order [7:00 p.m.] Agenda Item 2 – Approval of the 14 December 2015 Meeting Minutes [7:01 p.m.] Motion to approve minutes from 14 December 2015 as amended. Moved by: Johnson Seconded by: Barnes Vote: 5:0 Agenda Item 3 – Public Participation and Comment [7:02 p.m.] Carl Norby – Flood prevention. Back flow preventer from city street to your house, not recommended by plumbers. Asking the city to use caution in recommendations. Provided a demonstration of the back flow preventer not working as designed. Agenda Item 4 – Information Item – 2015 Year in Review [7:08 p.m.] Eric Ameigh, Ken Baird, Douglas Sullivan and Annie Noble presented this item. Executive Summary from the Packet Materials: A significant portion of the work performed by the Utilities Division relates to the day-to-day operations and maintenance of existing infrastructure. While the WRAB’s official role in these activities is minimal, recommendations on capital improvements, master plans, and policy issues have a significant impact on operations. This memorandum contains an overview of 2015 operations to provide the WRAB with additional context for upcoming agenda items where the board will be asked to make recommendations, as well as highlights of the 2015 capital improvements program. WRAB Discussion Included: • Discussions regarding shortfalls of billed consumption revenue and reserves • Questions regarding future estimates of plant investment fees (PIF’s). • Questions regarding costs for lining of pipes • Comments regarding mapping and mitigation work prior to the 2013 flood compared to actual damages in mapped areas. • Comments regarding higher than estimated costs for capital improvement projects WRAB Minutes 25 January 2016 Page No. 2 Agenda Item 5 – Information Item – Betasso Design Update [8:12 p.m.] Tom Settle and Steve Buckbee presented this item. Executive Summary from the Packet Materials: This agenda item is intended to provide an update on the upcoming Betasso Water Treatment Facility improvements project. City staff and its engineering consultant, HDR Engineers, are in the process of completing design improvements for a major facility upgrade. The Betasso facility was originally constructed in 1964 and has a number of aging treatment process facilities. The Betasso facility requires significant treatment process upgrades to ensure that it can continue to meet current and future drinking water regulations. The current design project has progressed past the 60 percent design milestone. Final design drawings and bid documents are scheduled for an April 2016 completion. City staff will bid the project’s construction phase at that time. The design engineer’s 60 percent construction cost estimate is approximately $28 million. An estimated $3 million will be required in addition to the bid amount to fund the project’s construction phase services component. This project will involve relatively complex construction phasing to ensure that the treatment processes continue to operate and effectively meet the city’s daily water demand and associated treatment regulations throughout the project’s construction. The project’s construction phase is estimated at a 27-month duration. The City of Boulder will fund this project through a Water Utility bond in the second quarter of 2016. The current bond amount is estimated at $35 million. The bond’s final amount will be set in the second quarter of 2016 after city staff has received the project’s 90 percent design construction cost estimate. At that time, City staff will decide if any other Water Utility projects will be included in the bond. The December 15, 2014 WRAB meeting was conducted at Betasso, which included a tour, and a presentation on the upcoming improvements project. The Betasso project was also identified in the 2016 CIP overview which was presented to the WRAB at the April 27, 2015 meeting. The purpose of this information item is to provide the WRAB a project design update. WRAB Discussion Included: • Discussions regarding upgrading accessibility to the plant • Lead corrosion control discussed o Setting the chemistry of the water to be non-corrosive o Monitoring program for lead in home plumbing Agenda Item 6 - Matters from Staff: [8:52 p.m.] • Cater Lake Pipeline update o Removing the Community environmental assessment process (CEAP) from this project Agenda Item 7 – Matters from Board: [9:20 p.m.] • WRAB Operating Agreements/Roles o Email the document for review at the next meeting • Gate testing / replacement program update Agenda Item 8 – Future Schedule [9:30 p.m.] February meeting – Bob Eichem presentation on utility financing March meeting – move meeting to March 28th Adjournment [9:38p.m.] There being no further business to come before the Board at this time, by motion regularly adopted, the meeting was adjourned at 9:38 p.m. Motion to adjourn by: Smith Seconded by: Squillace Motion Passes 5:0 Date, Time, and Location of Next Meeting: The next WRAB meeting will be Monday, February 22th 2016 at 7:00 p.m., at the City's Municipal Services Center, 5050 East Pearl St., Boulder, CO 80301 WRAB Minutes 25 January 2016 Page No. 3 APPROVED BY: ATTESTED BY: _______________________________ __________________________________ Board Chair Board Secretary _____________________________ ___________________________________ Date Date An audio recording of the full meeting for which these minutes are a summary, is available on the Water Resources Advisory Board web page. https://bouldercolorado.gov/boards-commissions/water-resources-advisory-board-next-meeting-agenda-and-packet CITY OF BOULDER WATER RESOURCES ADVISORY BOARD INFORMATION PACKET MEMORANDUM To: Water Resources Advisory Board From: Jeff Arthur, Director of Public Works for Utilities Ken Baird, Utilities Financial Manager Eric M. Ameigh, Public Works Project Coordinator Date: February 22, 2016 Subject: Information Item: Status Update for Utility Rate Study I. PURPOSE The purpose of this memo is to provide the board with an update on the status of the Utility Rate Study, including a projected timeline of key milestones for 2016. II. CONSULTANT SELECTION Based on feedback and guidance from WRAB at the June meeting, staff developed a preliminary scope of work for the analysis phase of the project. The preliminary scope of work informed a request for consultant proposals (RFP) which was issued in early November. Staff received four complete proposals and selected Denver-based Raftelis Financial Consultants (RFC) to assist with the project. Staff is in the final stages of scope and contract negotiation. III. SCOPE OF WORK AND PROCESS The project is roughly divided into three phases, with key tasks and WRAB meetings, as follows: Phase 1 – Investigation and Assessment (February – May) RFC will assist the staff in comprehensively understanding what is happening within the rate structures and the pros and cons of the current systems. The consultant team and staff will present these preliminary findings to WRAB at the May meeting. WRAB’s feedback will help determine which identified issues require a new approach within the rate structures. Key tasks in Phase 1 will include: • System Review: RFC will gather all relevant data to understand the financial operation of the city’s utilities. • Cost of Service Analysis: RFC will review cost of service components of existing water, wastewater, and stormwater/flood management rate models. The analysis will include all customer classes and will be consistent with American Water Works Association and Water Environment Federation standards. Rate Study Update Informational Item Page: 1 • Water Budget Rate Review: RFC will complete a comprehensive evaluation of the water budget rate structure, including: o A review of historical consumption and revenue to evaluate the effectiveness in meeting the rate structure goals. o A detailed comparison of rate policies, practices, and procedures against water budget best practices. o A discussion of legal risk of challenges to the rate structure. o An evaluation of alternative assessment schedules which may better meet stated goals. • Revenue Stability Analysis: RFC will summarize the “current performance” of the utilities (with a focus on the water utility) regarding the revenue stability principle. The analysis will provide for: o A review of advantages and disadvantages of adjusting the ratio of fixed to variable charges. o A review of both water and wastewater service charge revenues for existing and alternative rate structures. o A review of historical annual billed wastewater volume and volume-based revenues reflecting AWC and/or monthly water use since 2000. • Analysis of Stormwater Fee Calculation Methodology : RFC will analyze the current methodology and alternatives with the goals of: o Facilitating the ease of communicating the rate structure to customers and simplifying presentation of rates. o Maximizing equity for different customer classes. o Updating cost recovery and pricing policies (including development of credits and incentives) to improve incentives for development of green infrastructure and adoption of best practices for onsite stormwater management. Phase 2 – Analysis of Potential Alternatives (June – September) Based on WRAB feedback at the May meeting, and staff direction, RFC will develop and analyze options to address issues identified in the first phase. Alternatives will be developed and tested across all three utilities and all customer classes. Bill impacts will be calculated for a single test year. Staff and RFC will present the results of the options analysis at the September meeting and offer draft recommendations as appropriate. Depending on the results of this phase, staff may update council within the context of the 2017 budget process and, if feasible, any simple and/or non-controversial changes may be recommended for adoption in the budget. Phase 3 – Recommendations (October – December) Based on the results of the second phase and WRAB discussion in September, staff and RFC will refine the analysis and draft recommendations and present a final report for WRAB’s acceptance and recommendation to council. Rate Study Update Informational Item Page: 2 IV. NEXT STEPS February, 2016 – By the end of the month, staff will execute a contract with RFC and work will begin on the first phase of the analysis. Staff will be available to answer questions at the February 22 WRAB meeting. May, 2016 – Staff and RFC will present preliminary findings and seek WRAB feedback at the May 16 meeting. Rate Study Update Informational Item Page: 3 CITY OF BOULDER WATER RESOURCES ADVISORY BOARD AGENDA ITEM MEETING DATE: February 22, 2016 AGENDA TITLE: Information Item – Utility Financing PRESENTERS: Jeff Arthur, Director of Public Works for Utilities Bob Eichem, Chief Financial Officer Ken Baird, Utilities Financial Manager EXECUTIVE SUMMARY: This memo serves as a brief introduction to the presentation at the February 22, 2016 meeting which will give an overview of financing of the Water, Wastewater, and Stormwater/Flood Management Utilities. This presentation is being provided as context as WRAB prepares to make recommendations on items such as the annual Capital Improvement Program (CIP) and the upcoming rate study. The following areas will be discussed: Enterprise Funds: Each of the three utilities operates as a separate enterprise, which was defined in the Colorado constitution through the Taxpayer’s Bill of Rights (TABOR) passed by Colorado voters in 1992. TABOR defines an enterprise as “a government-owned business authorized to issue its own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado state and local governments combined.” In any given fiscal year, no more than 10% of revenues can come from state and local grants, which includes utility funding provided by the state or a district - such as the Urban Drainage Flood Control District. This also includes any City of Boulder tax revenues, and currently the enterprises receive no subsidy from other City funds. It is also important to note that Federal grants do not count towards the 10% rule. For more details about TABOR, see Attachment A which is an excerpt from the most recent utility bond issue. Bonding: Each utility has current and future anticipated debt to finance large capital projects. Attachment B is a list of current outstanding debt in each utility. The February WRAB presentation will include discussion on the process for issuing debt and considerations when deciding to bond. An important part of the process is getting the debt issue rated, and the City does this through Standard & Poor’s and Moody’s, which rated the most recent utility bonds as AAA and Aa1, respectively. The most recent rating from Standard and Poor’s in included in Attachment C. Grants and Other Funding Options: Because of more attention on funding for flood projects following the Sept. 2013 flood event, there has been interest in other ways to fund these improvements, including grants or special districts. The presentation will include information about grant funding, and funding for utilities through other methods. Agenda Item IV Page 1 Current Utilities Financial Picture: A general overview will be provided of the current state of the three utilities, with information on future anticipated bonds and rate increases. Attachments: A: Excerpt from Water and Sewer Bonds Series 2015 Official Statement related to TABOR B: Utilities debt outstanding C: Standard & Poor’s Boulder, CO Water/Sewer Bond Rating 2015. Agenda Item IV Page 2 Attachment A Excerpt from Water and Sewer Bonds Series 2015 Official Statement related to TABOR: Certain Constitutional Limitations General. At the general election on November 3, 1992, the voters of Colorado approved Article X, Section 20 of the Colorado Constitution (“TABOR”). In general, TABOR restricts the ability of the State and local governments to increase revenues and spending, to impose taxes, and to issue debt and certain other types of obligations without voter approval. TABOR generally applies to the State and all local governments, including the City (“local governments”), but does not apply to “enterprises,” defined as government-owned businesses authorized to issue revenue bonds and receiving under 10% of annual revenue in grants from all state and local governments combined. Some provisions of TABOR are unclear and will require further judicial interpretation. No representation can be made as to the overall impact of TABOR on the future activities of the City, including its ability to generate sufficient revenues for its general operations, to undertake additional programs or to engage in any subsequent financing activities. Voter Approval Requirements and Limitations on Taxes, Spending, Revenues, and Borrowing. TABOR requires voter approval in advance for: (a) any new tax, tax rate increase, mill levy above that for the prior year, valuation for assessment ratio increase, extension of an expiring tax, or a tax policy change causing a net tax revenue gain; (b) any increase in a local government’s spending from one year to the next in excess of the limitations described below; (c) any increase in the real property tax revenues of a local government from one year to the next in excess of the limitations described below; or (d) creation of any multiple- fiscal year direct or indirect debt or other financial obligation whatsoever, subject to certain exceptions such as the refinancing of obligations at a lower interest rate. The City’s Water Utility and Wastewater Utility are considered “enterprises” under TABOR, and therefore the 2015 Bonds may be issued without an election. TABOR limits increases in government spending and property tax revenues to, generally, the rate of inflation and a local growth factor which is based upon, for school districts, the percentage change in enrollment from year to year, and for non-school districts, the actual value of new construction in the local government. Unless voter approval is received as described above, revenues collected in excess of these permitted spending limitations must be rebated. Debt service, however, including the debt service on the 2015 Bonds, can be paid without regard to any spending limits, assuming revenues are available to do so. At the November 2, 1993 election, City voters authorized the City to collect, retain, and expend without regard to the revenue and limitations imposed by TABOR, the full proceeds of the City’s sales and use tax, admission tax, accommodations tax, and non-federal grants. At the November 8, 1994 election, City voters approved an increase in the City’s trash tax and an education excise tax and allowed the City to collect and spend the full proceeds o f such taxes and any interest thereon. Attachment A: Excerpt from Water and Sewer Bonds Series 2015 Official Statement related to TABOR Agenda Item IV Page 3 Attachment A At the November 5, 1996 election, City voters authorized the City to remove TABOR restrictions on all revenues (except property tax) and expenditures of the City, and authorized the collect, retention and expenditures of all revenues of the City free from current revenue and expenditure limitations and from any limitations that may be enacted in the future without the amendment of the City’s Charter by the electors of the City. In addition, at the November 4, 2008 election, the City voters authorized the City to remove TABOR restrictions on property tax revenues collected above the limits imposed by TABOR. The election specified that retention above TABOR limits will not rise more than .5 mills annually for tax collection years 2009 and beyond up to the maximum allowable level of property taxes and that any tax monies that are collected above those that the City may retain will be credited to property owners as an offset against the subsequent year’s taxes. Emergency Reserve Funds. TABOR also requires local governments to establish emergency reserve funds. The reserve fund must consist of at least 3% of fiscal year spending. TABOR allows local governments to impose emergency taxes (other than property taxes) if certain conditions are met. Local governments are not allowed to use emergency reserves or taxes to compensate for economic conditions, revenue shortfalls, or local government salary or benefit increases. The City has set aside emergency reserves as required by TABOR. Other Limitations. TABOR also prohibits new or increased real property transfer tax rates and local government income taxes. TABOR allows local governments to enact exemptions and credits to reduce or end business personal property taxes; provided, however, the local governments’ spending is reduced by the amount saved by such action. With the exception of K- 12 public education and federal programs, TABOR also allows local governments (subject to certain notice and phase-out requirements) to reduce or end subsidies to any program delegated for administration by the general assembly; provided, however, the local governments’ spending is reduced by the amount saved by such action. Attachment A: Excerpt from Water and Sewer Bonds Series 2015 Official Statement related to TABOR Agenda Item IV Page 4 City of Boulder, Colorado Revenue Bonds Summary of Debt Outstanding for Utility Bonds Water Fund Water Fund Water Fund Wastewater Fund Wastewater Fund Wastewater Fund Stormwater Flood Fund Stormwater Flood Fund Fiscal Year Ends Dec. 31 Boulder Reservoir WTP Silver Lake Pipeline/Betasso WTP Lakewood Pipeline WWTP UV, Digester, Headworks WWTP Ammonia and other upgrades WWTP Nutrient, WW Collection Goose Creek/Elmer's Two Mile Wonderland Creek Total 2016 861,125 2,524,688 2,071,400 674,938 3,206,150 678,631 381,675 1,589,188 11,987,794 2017 - 2,532,088 2,071,000 672,038 3,185,750 675,731 386,138 1,592,338 11,115,082 2018 - 2,532,831 2,078,000 673,838 3,162,250 677,731 380,175 1,589,588 11,094,413 2019 - 1,379,656 2,087,000 675,188 3,154,750 679,531 1,591,088 9,567,213 2020 - - 2,087,800 671,088 3,142,250 676,131 1,591,688 8,168,957 2021 - - 2,095,600 671,688 3,124,750 677,631 1,591,388 8,161,057 2022 - - - 671,838 3,127,250 678,931 1,590,188 6,068,207 2023 - - - 671,538 3,128,500 680,581 1,588,088 6,068,707 2024 - - - 670,788 3,108,250 676,781 1,590,088 6,045,907 2025 - - - 674,588 3,092,250 677,681 1,591,038 6,035,557 2026 - - - 672,788 - 678,131 1,590,938 2,941,857 2027 - - - 670,538 - 678,131 1,589,788 2,938,457 2028 - - - 672,248 - 677,681 1,587,588 2,937,517 2029 - - - 672,728 - 676,781 1,589,338 2,938,847 2030 - - - 671,938 - 675,431 1,589,888 2,937,257 2031 - - - - - 678,631 1,589,238 2,267,869 2032 - - - - - 675,506 1,590,644 2,266,150 2033 - - - - - 676,913 1,588,844 2,265,757 2034 - - - - - 676,925 1,588,725 2,265,650 2035 - - - - - 676,288 676,288 Total 861,125 8,969,263 12,490,800 10,087,763 31,432,150 13,549,781 1,147,988 30,209,670 108,748,539 Attachment B: Utilities debt outstanding Agenda Item IV Page 5 Attachment C: Standard and Poor's Bond Rating Attachment C: Standard and Poor's Bond Rating Attachment C: Standard and Poor's Bond Rating Attachment C: Standard and Poor's Bond Rating Attachment C: Standard and Poor's Bond Rating Attachment C: Standard and Poor's Bond Rating Attachment C: Standard and Poor's Bond Rating