CITY COUNCIL
MINUTES
MARCH 29, 2007
The
meeting was called to order by President Pleasant at 7:00 p.m.
MEMBERS
PRESENT: Ms. Sellers, Mr. Fogt, Mr.
Pleasant, Mr. Burke, Mr. Reams
Mr.
Marshall (arrived at 7:35 p.m.)
Excused: Mr. Gore
OTHERS
PRESENT: Mayor Kruse, Director of
Administration House, Finance Director Morehart, Law Director Aslaner, Clerk
Patterson
REPORTERS
PRESENT: Ryan Horns – Journal Tribune
CITIZENS
PRESENT: Esther Carmany, Richard Lowe,
Gary Little, Tom Tumbry, Annalee Webb, Dick Noland, Mary Tullis, Andy Brossart,
Gayle Williams, James Hassinger, Jennifer Weikart, Crista Miller, Barb Miller
(for Bill Limes), Kristy Dearing, Merrill Rausch, Darlene Daniels, Greg Faulkner,
Chris Clark, Don Frazier, Ron Miller, Lloyd Baker, Nevin Taylor, David
Creviston
1) Funding – Bond monies and
financial options for sewer and water
Mr.
Rich Simpson of Brickler & Eckler gave an overview on bond monies and
financial status. Bricker and Eckler has served Marysville as Bond Counsel for more than 30 years. They view the City of
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The
straight line represents the amount of money the City has to pay for principal
and interest every year on a loan. This
is known as a level debt service loan.
An OWDA loan is a level debt service loan. EXAMPLE ONLY:
Say it takes $650,000 per year to pay off that loan. What kind of rate increase does it take to
generate that much money, because it will take that much money in the first year. Rates will have
to be high enough to produce that much money.
There is another way to borrow money if you do a bond issue.
The
bond financing team looks at dozens of profiles and structures so they can put
together a plan that achieves the needs and raises enough money to build the
projects that are needed to satisfy the EPA mandate to maintain capacity for
the residents, and gives the City as much money as is needed, but keeps the
impact lower on the rate payers in the early years.
Mr.
Fogt commented that “it’s pretty hard to swallow when we can get a cheaper rate
from EPA loans.” It looks like there are
other sources that are better suited.
Mr. Simpson said those come with strings attached.
Mr.
Andy Brossart addressed Council. Mr.
Brossart agreed with Mr. Fogt. In terms
of the options that are out there, besides going with loans, grants are
opportunities, but they don’t satisfy the complete capital improvement plan,
which is a problem. Mr. Brossart passed
out a booklet on “Utility Financing Overview” (copy available in the Clerk’s
office). He pointed out various pages as
snapshots of the water system. Page 11-
The “green” line is based on the water reservoir and what the annual payment
would look like with all the debt given an EPA or OWDA Loan. Page 12 shows the same level payment across
the term of debt financing. Page 13 is a
comparison to a traditional financing.
The debt has been wrapped around the back to bring down earlier years,
but at a higher interest rate. They were
told to achieve the goal of keeping the rates low. That’s what this chart shows. Page 14 shows the financing for the Water
Treatment Plant. The “pink” shows what
happens with an EPA loan over 30 years at a 3-1/2% interest rate; it
balloons. Mr. Brossart said you have to
think five/ten years down the road because this City in particular, has seen an
awful lot of rate increases over the years.
The delay of trying to smooth those out and not having rate increases in
the teens, you might pay a little more on the rate increase now, but it’s not
going to be such a substantial increase down the road.
Mr.
Brossart has been with Fifth Third Securities for two plus years but has been
in this business for nine years. Fifth
Third Securities looks at the analysis for a project. They review all options, look at what fits
best within the goals and financing and overall goal with rates and the cost of
money and give advice to the City as to what’s the best way to go given the
situation.
Mr.
Pleasant referred to the fact sheet, “If the improvements needed in the Water
System are delayed, this will have direct results on the financial viability of
the Sewer System (because water usage is used to calculate the sewer
usage). Mr. Pleasant asked Mr. Brossart
or Mr. Simpson to address that fact. Mr.
Brossart repeated the question, “If the water system is delayed, does that have
an affect on the sewer system?” Mr.
Brossart stated, “Yes.” If the water
system is deemed not appropriate to serve the needs of the community, the EPA
will shut down the allowable taps within the City. It has affects on the wastewater side
because the wastewater is tied to development that would continue on in the
community, not only with rates, but also with residential incentive districts,
which were put in place to keep rates from 33%/year increase down to 17%, which
was what the strategy was in that financing plan. Should the EPA come in and shut the system
down because itis not adequate to serve the needs of
the community, it will have an awfully bad impact on the wastewater system and
the ability to go out and borrow at a decent rate, if at all. Mr. Pleasant asked for confirmation of Mr.
Brossart’s statement saying the reason for that is because the sewer rates are
determined off of the water rates. Mr.
Brossart said they flow with each other.
The development plan for the sewer was based off of future development
within the City. If development stops,
you have a problem. If you’re not making
your payments on the bonds, or if you don’t meet your coverage factor that
you’re bringing in the extra amount that has to be adhered to per the bond
indenture, they can come in and force the City to raise rates even higher on
the wastewater side in order to meet the obligations.
Mr.
Pleasant referred to the fact sheet, “The City established several residential
incentive districts in 2005 to help repay a portion for the Sewer System as an
alternative to higher sewer rates.” Mr.
Brossart explained they were looking at the EPA coming back with the final
determination, and it was discussed how to finance this. The directive was to find whatever mechanism
they could, besides raising rates on the community, in order to pay for
this. At the time the State law allowed
them to do residential TIF’s, 300 acre areas spread around the City. With the development that was occurring, they
felt the growth coming in would help pay for new improvement needs. It was again designed to reduce rates from
33% to the 17% level. They looked for
every tool possible to help keep those rates down.
Mr.
Pleasant asked if the 6% for two years that’s being proposed at this time would
enable the City to move on with the project.
Mr. Brossart said it depends on what projects. Mr. Pleasant responded, “The reservoir.” Mr. Brossart said it pays for the
reservoir. It does not pay for the water
treatment plant.
Mr.
Pleasant also heard, “Why not something less like two 3%’s, two years of 3%
increase. Is that enough money to fund
the reservoir?” Mr. Brossart responded,
“No.”
Mr.
Pleasant asked about the interceptor bid.
It was opened on March 20th and has to be let out in 60
days. He asked Mr. Simpson to explain
that process. Mr. Simpson said if the
City chooses not to award the bid, that means the bids
are all off the table. The bidders go
back in the market and re-bid the project.
It’s not known whether you’ll get a much higher bid or fewer bids. Contractors are not happen
to have to go through the bid process a second time. They all know the information and what it’s
going to take to bid, so it doesn’t put the City in a favorable situation. As time goes by, costs inflate. It’s usually not in the best interest of the
City to reject the bids.
Ms.
Sellers asked, “What are the permissible sources of debt service up until the
time that “growth” starts to pay for itself, and referred to a chart. She noted resident user rates are one permissible
source of debt service. Mr. Simpson
stated whenever you finance an enterprise, a water or sewer system, sometimes
an airport or hospital; it’s generally financed from the revenues of the
system. The revenues of the system are
defined as all the money that comes into the system less what it takes to
operate the system on an annual basis.
The gross number less the operating cost and what’s left over is the net
revenue. That’s what’s available to pay
principal and interest on the bond.
Sometimes they supplement that net revenue number with TIF
revenues. TIF’s can be an additional
source if available. You also look at
taxes, property tax, income tax and sometimes sales tax to help finance an
enterprise. One of the problems you run
into with taxes is mismatch.
If
you begin using tax revenues, then some tax payers are customers of the
system. You generally don’t do that if
you can avoid it because some people are treated unfairly.
Ms.
Sellers asked about developers agreeing to provide debt service. Could that money be accepted? Mr. Brossart said yes, if it was dedicated to
the system. It would be a source of
revenue. Ms. Sellers noted prepaid tap
fees as an example. Mr. Simpson said
tap fees are often times included in the projection. In the sewer system, they assumed the tap
fees would continue to be there to help pay the debt service. If the water capacity is not available to
permit growth, then the tap fees that are counted on that help pay the sewer
bonds off won’t be available either.
That’s why they are tied together.
Mr.
Fogt asked what’s holding our credit rating maybe lower than it could be? Mr. Brossart said
revenues. Given what’s been laid out for
the capital projects, revenues are a concern.
They’ve got the coverage factor within the trust indenture at the lowest
the industry will allow. They convinced
the insurance companies and (inaudible) for the first time ever to take a look
at another source of revenue, such as the TIF revenue, to help pay for the
sewer system. The revenue stream is the
biggest issue given what the EPA has laid out as requirements that have to be
made on the capital side. Mr. Fogt noted
the City’s total debt is $126M, and we’re looking at $53M on the trunk line
sewer, $30M for a water plant and $25 for reservoir and asked isn’t that an
anchor on our -- Mr. Brossart said
that’s a concern. When they came out
with the first financing for the wastewater system, they made it a disclosure
item. They said this is the plan so
everyone knows going in, people buying that first set of bonds understands this
is the plan; this is what has to happen down the road, so people were fully
aware of that, not only on the wastewater side, but the water side as
well.
2. Water Needs Discussion
Public
Service Director Tracie Davies, City Engineer Phil Roush and Wastewater/Water
Superintendent Rick Varner gave a powerpoint
presentation on water facts. That
presentation is incorporated into the minutes.
** Additional comments will be added for the specific slide. **
Slide: Existing Issues Addressed in the Master Plan
Trihalomethanes is a chlorinated byproduct
and are a regulated substance. The
longer the water is in the system, normally the higher the Trihalomethanes.
The Master Plan recommended doing a
bench scale test to potentially reduce PH levels and various things in the
system so that when the water gets older out in the system, when it gets out in
the New California area, down by 161, that we aren’t having these disinfection
byproduct problems.
In the new treatment processes down
the road, they would probably use activated carbon to eliminate or reduce
organics thereby reducing Thihalomethanes in the system.
Slide: Well Water
Mr. Roush added that the expected
volume available for a well is 1 to 1-1/2 million gallons a day, so for every 1
to 1.5 mgd, you need an additional well.
Also, the way EPA rates the wells, if you have a well field, they only
count the volume of the wells with the largest well out of service, and so if
you have five wells, you can only have the capacity for four.
Slide: Surface Water
Mr. Varner said both well water and
surface water will have a place in future supply for the City of
Slide: Surface Water with Reservoir Storage
Presently the City of
If there are issues with the well and
surface water, you’ve got the reservoir, you’ve got your capacity to continue
to give water to consumers.
Slide: When will we Exceed Rated Capacity?
Based on the City’s current peak
average, which is 3.01 mgd, we have .16 mgd worth of capacity available. The average single-family household uses
about 550 cu. ft. of water per month.
Based on that usage, we have enough capacity to build 914 more houses on
our system before we’re out of drinking water to sell. If you base it on commercial, Bob Evans
Restaurant is equivalent to 27 houses, Wal-mart is equivalent to 36 houses,
Kroger is equivalent to about 18 houses, the Hampton
Inn and Holiday Inn are equivalent to about 30 houses each. Commercial growth will eat at that household
growth quickly. In two or three years,
we’ll be out of water in our existing plant.
We need to start designing a new plant and building it now or at least designing
it so it can be built. We could have a
serious condition come up shortly. If
City gets re-rated to 4.33 mgd, we would be in a position to serve another
7,500 homes.
Mr.
Varner said the City may promote a conservation program for the City of
Ms.
House added comments about the financial plan.
After the Master Plan was completed, the team of people, of which
Council was invited to be a part of, along with Administration and staff, this
financial strategy was developed using everybody’s expertise. Based on the data gathered and assimilated in
our Water Master Plan, a financial strategy was developed to accommodate the
implementation of the Master Plan.
A
part of that strategy addressed rate increases needed to accomplish the plan’s
goals. Several rate scenarios were
examined prior to one being selected as a recommendation. Quoting from the Master Plan, “Based on the
desire to minimize water rate increases for existing customers, uncertainty
regarding the rate of new customer growth, and the potential for needing
significant rate increases in FY09 and FY10, the following 5-year rate schedule
is suggested:
FY 06 FY07 FY08 FY09 FY10
5% 8% 8% 8% 8%
This rate schedule “smoothes” the more significant rate increases that
are anticipated to be required in FY09 and FY10 over the 5-year forecast
period.
None
of us wants to have our rates increased, and so the team looked at the least
offensive of all the options that we had for all of the citizens of
Marysville. We continue to advise that
we follow that 5-year rate structure so that the Master Plan can be implemented
to the benefit of all the citizens of Marysville.
Mr.
Pleasant referred to the fact sheet. The
cost of the Water Treatment Plant being $35M with 1-1/2 years of that being
design, do you have a feel of either percentage of what that $35M would be as
far as the design cost? Mr. Roush said
about $3M for design.
Mr.
Fogt recalled the price tag of $30M being discussed a week ago. Mr. Roush stated the plant itself might but then
you include the design fees. Mr. Roush
said the plant is $30M, the engineering including design and construction
engineering is $5M. Mr. Fogt noted the
study said $27.6 for the plant itself.
Mr. Roush noted those were 2005 dollars.
Ms.
Sellers asked about the number of residential units in
3. 2nd
Public Hearing SECTION
931 – WATER RATES – OF THE CODIFIED ORDINANCES
OF THE CITY OF
MARYSVILLE” was presented for second reading,
public hearing. Mr. Fogt moved to
waive reading in full; affirmative voice vote was unanimous. Ms. Sellers explained that she proposed this
resolution in an attempt to address a couple of her concerns which led to her
“no” vote on the 8% rate increase. She
said Mayor Kruse does not support this resolution. She feels there are many reasons why it is
good for Marysville residents. The only
way she can support the proposed rate increase is if this resolution is
approved.
About
the original 8% increase and then the compromised 6% increase currently on the
table, she appreciates the frustration expressed by her colleagues John
Marshall, Mark Reams and Dave Burke, that we as Council did not follow through
with our original plan for the higher rate increases. There was an understanding about how much the
rate increases would be, and we, as Council, have changed course here and are
not following that understanding now.
She sees great value to the views of the residents in coming forward to
ask that the 8% rate increase be reduced.
She thanked the residents for their work on this issue. The residents have come forward with two
important points about the original 8% rate hikes. The first is that the 2005 Plan does not require
growth to pay for itself. We’re asking
current residents to finance infrastructure improvements for big residential
developments like
The
two parts of the resolution are that we need a Land Use Plan and a Business
Plan. She stated, “Now or in the future
I won’t ask residents to buy something if I’m not going to be able to tell them
what they’re buying.” Part of the rate
increases are for the benefit of the residents but part are for also building
capacity for future growth. The City
currently has no plan or understanding in place that is current that tells us
what the growth in the southern part of the county is going to look like and
how to protect our current residents from costly residential development. That’s what a Land Use Plan does. It’s a shield and a sword; it can protect
property owners and help them plan for their future in knowing ways to invest
in property. It also protects the City
from developers who might say we’re making arbitrary and capricious decisions
about what kind of growth we want. The
first step is to have an idea of what Marysville wants for the area. We now have a City Planner who can do this
in-house. She encouraged residents to
come and participate in this process.
Planning Commission needs to be involved in this process.
Part
two of the resolution is the Business Plan.
She has heard a lot of people in support of the rate increase that “you
have to spend money to make money” and feels that’s pretty logical, but if
we’re asking residents to finance growth, we better have a plan in place to
return some amount of that benefit to them.
Bond holders wouldn’t give us money if they didn’t have an expected rate
of return. That means lowering rates in
the future. The document she is looking
for should describe how we’re going to manage and reduce our debt and not
repeat the mistakes of the past. She
commended Ryan Horns of the Journal Tribune on the coverage of the topic of
previous mismanagement of Administrations in the debt. We need to use the money given to us by the
residents wisely and find a way to reduce our debt principle. That’s what that plan is all about.
Mr.
Burke and Ms. Sellers had discussed how to get the projects in the south to pay
for themselves in order to avoid incurring more
debt. “With Dave on that, it’ll get
done. Dave follows through with what he
starts.”
Ms.
Sellers said she has heard some residents voice concern
about the enforceability of this resolution; that it doesn’t have any teeth,
even though it’s a good idea. “Yes, the
Mayor and Administration theoretically could ignore this, just like they could
ignore any resolution or ordinance and give it the attention it deserves. There is really no good penalty that we can impose, I mean we can’t fine them. We can’t coerce them into doing something,
but I would hope that if it passes, that the Mayor and Administration would
comply and do what’s best for the City, and I believe they will. But, as you know, the ultimate remedy for all
this; for all of us elected officials, is if you don’t like what we’re doing;
if you think we’re not doing our jobs, you think somebody else could do a
better job, is to vote us out.” Ms.
Sellers built in timeframes for completion of these two projects; three months
for the Business Plan, six months for a mid-term report on the Land Use
Plan. Once the Land Use Plan is in
place, it’s good for several years and provides the shield and sword mentioned
above to manage the City’s growth. The
Business Plan is trickier. We’ve got to
find a way to not make the same mistakes we’ve made as a City in the past, and
we’ve got to find a way to reduce our debt, which is the purpose of the Business
Plan. For these reasons, Ms. Sellers
supports the 6% rate increase together with this proposed resolution and “knows
the work is just beginning for Council on these matters.”
Mr.
Noland addressed Council and said he wholeheartedly endorses this resolution. This City has taken on a tremendous amount of
debt. He has never worked for a City of
this size with a $125M, so far, and another $30M or $60M in debt. He asked, “How much can a city of this size tolerate?” The water and sewer utility now is a really
big business. He views the Mayor as the
CEO and City Council as the Board of Directors.
There is a real need for a business plan so that the staff knows what
they need to give in terms of reports to Council. He also agreed with the Land Use Plan. He’s been asking for the last five years for
a Land Use Plan for what’s going to go on in the southern part of the County
where he lives.
Mr.
Lloyd Baker addressed City Council. He
agrees with Ms. Sellers, that the lack of a business plan is the root of
frustration of the citizens. It’s an
important first step for both the Land Usage Plan and the Business Plan, and
feels they would have precluded many of the problems that we’re trying to
resolve now, 16 years later. He
commended Ms. Sellers for her work.
Mr.
Greg Faulkner addressed Council. He
thanked Ms. Sellers for her resolution.
He asked Mr. Marshall, his Ward Councilman, how he felt about Ms.
Sellers’ resolution? Mr. Faulkner
supports the resolution.
Mr.
Marshall stated he did not fully understand exactly what’s to be accomplished
with the resolution. It’s his
understanding that there is a
Ms.
Sellers said she didn’t think it was a moot point and addressed Mr. Marshall’s
concerns. She said there is a 1999
County-wide Comprehensive Plan that addresses County-wide land use. The City Planner commented to Ms. Sellers
that the Plan is a pretty good plan, but it doesn’t really talk about what
Marysville wants for our entire growth area, which includes the contract
between the County and City for sewer and water services. It also doesn’t include areas like
As for
the Business Plan, Ms. Sellers agreed with Mr. Marshall that the wording is not
real specific as to what we need to see because the problems are fairly
simple. We have incurred debt and made refinancing
decisions where now our principle stands about the same that it was many, many
years ago. We don’t seem to have a plan
for repayment. This
ties in with some of the work she wants to do with Dave Burke on finding
alternative financing methods. The idea
is that the Administration not make the same mistakes
that have been made with creative accounting, etc. and also to ensure that we
make a priority of rate reduction, which currently is not in the Malcolm Pirnie
Plan. Malcolm Pirnie consultants admit
that their Plan does not cover these issues.
Mr.
Burke feels it’s a course of action we need to take regardless. The fact that there is plan after plan after
plan sends mixed messages to developers, County, City, Township. We need to find a way to solidify that, maybe
not necessarily reinvent the wheel, but put the spokes back in the hub to make
it function. He feels there are answers
out there. Marysville presents a lot of
opportunity in terms of its utilities and the developers, and other commercial
enterprises have to realize that. It’s
naïve to think that they won’t work with the City, not just because we’re the
only game in town, but because ultimately it would be less expensive than other
kinds of things. Moving that forward
assures us of our home values within this town.
He agreed with what Ms. Sellers is doing.
Mr.
Marshall asked for clarification of the resolution endorsing an incentive
package for the County which was to bring businesses to Marysville. Mr. Phillips said it was the EDAP, Economic
Development Action Plan. Mr. Marshall
asked if that plan qualifies as a business plan, because it lays out a variety
of issues that businesses need to look at to come in.
Ms.
Sellers asked Mr. Phillips asked if the EDAP deals with water and wastewater
debt management?
Mr.
Phillips stated the EDAP does not deal with specifics as far as financing, but
it does plan for the community’s economic growth and makes recommendations on
what we should do and how we should approach economic development and the need
for industrial and commercial growth vs. residential. Ms. Sellers asked if the EDAP includes a land
use plan in the allocation of residential and business units that would be
binding on the developer and would protect the City from making decisions about
those matters if we were called to task by a developer? Mr. Phillips noted that the problem with
Comprehensive Plans is they are guidebooks; they are not a requirement for a
developer to follow. City Council or
Planning Commission can decide against any plan they come up with. A Master Plan was done in 1999. There is a Land Use Plan which includes all
of Marysville, all the way down the US33 Corridor and makes recommendations on
density for residential, industrial and commercial.
Mayor
Kruse believes the City has a Business Plan with the Water Master Plan. $265,000 is invested in this Plan that was
put together with cooperation of Council, Administration, Industry and the
public. It has a component in it as far
as how the finances of the system will be dealt with. Secondly, Mayor Kruse noted the discussions
that have taken place about the City refinancing the purchase indebtedness from
the purchase of the water system. We’re
still at the same level on the principle that we would have been without the
refinancing. He feels there were wrong
conclusions drawn from that whole issue in the newspaper. How the City manages debt is dictated by the
market and is recommended to the City by the financial experts in attendance at
this meeting (Andy Brossart and Rich Simpson).
If the market dictates that the City can refinance at a lower interest
rate and save $200,000 a year on an issue, after looking at the new interest
rate and the cost of refinancing, we do it.
Before that is done, it comes in front of City Council. The principle is not lower because the
savings were not applied to the principle.
The savings were applied to other capital improvements. Council had to approve the
recommendation. Trucks and equipment
were purchased for the Water Plant.
Other capital needs were purchased with that money, things that the City
would not have got otherwise unless going back to the public and asking for a
rate increase to help purchase those needed items. The City can’t spend those savings without
Council’s okay. The principle is at the
same point it would have been if we didn’t refinance. The amortization schedule that was in place
when the City originally financed is still the same amortization schedule. It will be paid off at the exact same
time. The only thing is, the City was able to free up money from paying interest on
our borrowed money and reinvest that into capital items within the water
system. Consequently, we didn’t have to
go back to the people for a rate increase.
The conclusions that are being drawn from what ended up in the newspaper
are erroneous.
Mr.
Fogt commented that the refinancing he disagrees with is the one done in 1993
and he was not on Council at that time.
3. 2nd
Reading AN ORDINANCE PROVIDING FOR THE
ISSUANCE AND
Public
Hearing OF NOT TO EXCEED $53,000,000 OF
WASTEWATER TREATMENT SYSTEM REVENUE BONDS, SERIES 2007, OF THE CITY OF
MARYSVILLE, OHIO, UNDER ARTICLE XVIII OF THE CONSTITUTION OF
OHIO, FOR THE PURPOSE OF PAYING COSTS
ASSOCIATED WITH THE ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION AND
IMPROVEMENT OF THE CITY’S MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM;
AUTHORIZING A FIRST SUPPLEMENTAL TRUST INDENTURE TO SECURE SUCH BONDS AND
ADDITIONAL PARITY BONDS HEREAFTER AUTHORIZED, WHICH INDENTURE SHALL PLEDGE THE
REVENUES OF SAID SYSTEM; AUTHORIZING THE PURCHASE OF MUNICIPAL BOND INSURANCE
OR OTHER FORM OF CREDIT ENHANCEMENT, IF NECESSARY, IN CONNECTION THEREWITH; AND
AUTHORIZING A BOND PURCHASE AGREEMENT, A FEDERAL INCOME TAX COMPLIANCE
AGREEMENT, AN ESCROW AGREEMENT, AND AN OFFICIAL STATEMENT APPROPRIATE FOR THE
OFFERING AND SALE OF SUCH BONDS; AND DECLARING AN EMERGENCY” was presented for
second reading, public hearing.
Mr. Fogt moved to waive reading in full;
affirmative voice vote was unanimous.
Ms.
Esther Carmany addressed Council. “Thank
you for all the hard work you have done to solve this problem of the highest
water rates in
How
much debt is too much?
It
seems we are in too much debt. Is there
an agency that oversees debt for municipalities? The word "default" and "the
City of
We can keep the rate hike in line for 2007 by
asking the Water Enterprise to suggest their own budget
cuts. This concept emerged strongly
during the recent Ad Hoc hearings.
How
much debt is too much? $126.11 Million
total debt was reported as of February 28, 2007. The broader perspective would be to look at
debt as one aspect of overall financial management, and leadership. Does the city have a good budget? Does it accurately estimate revenues and
expenditures? Does it rely too much on a single revenue that might be volatile? Does the city have ample reserves? Who monitors investments? Is the portfolio valued daily? Does the City Council take seriously its
responsibilities for oversight of the investments? Who prepares the investment reports? Does the city have written investment and
debt policies? Is there an integrated
financial management system? A quick
appraisal of the history of debt as pertains to the Water Enterprise shows the
beginning of this debt accumulation was a $9M debt shouldered in 1991 when the
Water Company was purchased. How did
they expect to pay back the debt in the first place? How do they expect to pay it back now? When
do they expect to pay it back?
Municipal
debt is easy to issue, hard to pay off.
Each time a debt is negotiated, the lenders earn a % on the total amount
borrowed, sometimes as high as 1% of the loan balance What are the costs of issuance on this $53M loan?
Were lenders shopped, or was only one bank considered? What is the necessity of the emergency? The respected attorneys at Brickler & Eckler are ruling on
legality. It may be legal, but is it the
right thing for Marysville? You must be
a good steward, be careful. Make
revenues equal expenditures. Sometimes
municipal officials are far riskier with the city's finances than they ever
would be with their own. Good advice is
"Live within your means" Every year, adopt a budget with an
operating margin that allows for disasters, or, if no disaster, allows for the
reserves to be built up for a "rainy day." To answer the question? How much debt is too much? I don't know, but someone in this room
should know, and make it their responsibility to find a solution. The citizens are not asking for cuts in
their water rates; they are asking for fair treatment.”
Mr.
Greg Faulkner asked what the City’s bond rating is. Mr. Brossart responded EAA1.
5.
2nd Reading TO
AMEND SECTION 931 – WATER RATES – OF THE
Public Hearing CODIFIED ORDINANCES
OF THE CITY OF MARYSVILLE, was
Presented
for 2nd reading, public hearing.
Mr. Fogt moved to waive reading in full; affirmative voice vote was
unanimous.
Mr.
Gary Little addressed Council. “There
once was a community known as Monarchville.
Within the confines of this
The
year 1991, Monarchville started the plan to set itself apart from the sleepy
small town image. It had harbored and
woke up to a concern and needed to become something bigger, yes, much
bigger. So many things back then were
needed but “
Mr.
Little asked, “What percent does business pay?
They have 40% of our water use, how much does business pay for our water
and pay for building that? What year
will we retire the debt from 1991? When
I look at the 146 page document of what it says in the 2007 budget, we’re
looking at $110,000 and if we’re having trouble financing $9M, what are we
going to do with $110M?
Mr.
Nevin Taylor addressed Council. He noted
his questions are probably better answered when the presentation was being
made. He said currently we’re addressing
half of our water usage commitment to
Mr.
David Creviston addressed Council about the senior citizens, the elderly and
those on fixed incomes. He referred to
Page 2 of the ordinance and pointed out the rate chart. He noted the “First 140 cu. ft. or any part
thereof”. That is the minimum, the base
rate that all water rates are calculated for residential use. Over the last three years, he’s checked with
the Utility Billing Department and has been told on a regular basis that there
are 300 + individuals each month that meet the minimum criteria. There is only one way to meet the minimum
criteria and that’s not to use water. He
put himself on a strict water conservation basis. Tonight is the first night that he’s ever
heard the word conservation used in dealing with water rates, even though it
was the very first comment made by the consultant on the Wastewater Treatment
Study, to say that Marysville should implement a conservation education program. Regarding
equity and fairness, you don’t have to raise rates to create equity or
assemblance of fairness. He asked
Council to make one amendment to this ordinance, take the 140 c.f. as a minimum
and increase it to 200 c.f. In doing so, you’re going to give some leeway
to individuals to use a little bit more water and will improve their health
circumstances as well. By changing the minimum
usage to 200 c. f., it will balance out the sewer, which will help a lot of
individuals. “A number of these people
here tonight, all they’ve wanted from the beginning is some equity, some
fairness, some response from their government, and do you know what the
currency of government is – it’s trust.
And along the way some trust has been broken. I don’t think it’s always been intentional,
but I think it always in many respects lacks some professionalism within. If one person makes a motion for that
amendment tonight, I guarantee you one thing, it’s not going to cost you enough
money in water usage that you won’t get paid for compared to what the 140 is
compared to 200, because you know what, the more water that you use in
industry, the less this city charges per cubic foot? Now that’s interesting. The more you use the less you are charged per
cubic foot. The real emphasis
on cost factors are put on the individual residential user.”
Mr.
Creviston felt the presentations were wonderful, but a day late. They should have been heard before a public
hearing. He asked that Council make the
amendment tonight so that “when everyone leaves here something positive can
occur.”
Ms.
Gayle Williams addressed Council. She
was born in this town. This is not the
town she grew up in. It’s becoming big
city, and if she wanted to live in a big city, she’d move to
Mr.
Dick Noland addressed Council and thanked the staff for the presentation. He would have liked to have seen that a
couple of years ago. He made some
comments that added to or modified the information and disagreed with some of
it. “When reviewing the MPI report it’s
very apparent that there could be problems with organic material in the surface
water from Mill Creek. Top page 2-2 it
states “that compliance with total trihalomethane (TTHM) requirements of the
forth coming Stage 2 Disinfection and Disinfection Byproducts Rule (DBPR) is
likely to be problematic” and added that he respected Malcolm Pirnie’s
opinion. Page 2-16 under Conclusions and
Recommendations it states “compliance with future regulations may be a
challenge.” Also, it states, “Agreements
with
Are we proposing to build a “supply”
that has significant treatment problems and at a cost even greater than the
cost of treating ground water?
What is the capacity at existing
facilities and reasonable timing of construction of new facilities?
The current rated capacity of the
existing WTP is 3.46 mgd (million gallons per day) (according to Jones &
Henry report) and with the current demonstration work, maybe rated higher. Mr. Noland agreed with what Ms. Davies and
Mr. Varner showed. The average day pumpage in 2006 was about 2.1 mgd. The peak day in August of 2006 was 3.0
mgd. Pumpage is generally higher in
June, July and August. Except for the
summer months, the plant is operating well within the design capacity (about
60% of design capacity). My conversation with OEPA (he has nothing in writing) led
to the conclusion the OEPA is not concerned until the average day approaches
80% of design capacity or 2.54 mgd, if the more conservative value of 3.17 mgd
is used and 2.77 mgd if the 3.46 mgd is used. Thus, the reserve capacity at this time is
about 670,000 gallons a day. The average
increase in rate for the City of
The real question is; how fast is
Marysville growing or will be growing in the near future? The average day demand based on the WTP record
shows a slight decrease in demand since 2000.
Why has this occurred? A better
way to find out the real usage would be to calculate the total of the amount of
water sold through customer water meters.
Council ought to know every month how much water is sold the previous
month. This should be done for each
month and each year beginning in 2000.
These numbers could also be used to verify some of the assumptions made
in the MPI Water Master Plan which were used to
justify future capacity requirements and proposed construction schedules.
Other questions should be asked if the
city desires to maximize the efficiency of the Water Department
Operations. What is the actual chemical
cost of treating the existing ground water versus the potential cost of treating
poor quality surface water such as discussed in the MPI Water Master Plan? While the chemical cost for ground water may
be slightly higher on hardness, for the somewhat softer water, the overall cost
may not be. This is because of the
different and/or additional treatment units and chemicals required treating
surface water with high organic content and the potential taste and odor
problems with surface water. The MPI
report and City acknowledge that probably the best method to control the
organic problems with surface water is through both treatment and dilution with
ground water. Mr. Noland agrees with
that.
The cost of developing additional
ground water supply is cheaper than surface water supplies. The B&N report which has been referenced
for the 2.5 mgd safe yield of the current ground water supply also states that
additional ground water, up to 4.0 mgd, is available. He had no details on how they arrived at
that.
All that is being suggested here is
that the City may have some options which have not been explored in sufficient
detail to result in the most efficient expenditure of the monies paid by
existing customers. Also the more
reserve capacity that is built into any
future water facilities, the more the financial
burden falls on existing customers. As
stated in the MPI Water Master Plan “The slower the growth rate, the longer the
City and existing customers will have to bear the burden of the cost of
expansion to serve new growth.” (P7-17) In situations where water facilities and
capacities are to primarily serve new growth, the actual construction and
timing of the new facilities is important and required continuous monitoring of
parameters which show that the growth is actually occurring. He noted of the
subdivisions shown in the presentation given by City Staff, he personally knows
one of those subdivisions hasn’t built a house in two years. All of the subdivisions which have been
promised water should be revisited to determine if that growth is occurring and
at what rate now.
On financing, has the City given any
thought or consideration to asking the various developers to pay up front for
the water taps they will want, say, for the next five years? In this way, the risk of slow growth would be
shared by both the City existing customers and the developers.
Mr. Noland is a professional engineer
and has worked in the water and wastewater industry for over 45 years. He’s been in a number of Council meetings
where rates have been raised. What he
would like to have seen is to put all the facts on the table and show the
citizens their options. You don’t
necessarily push any particular plan.
He’s still curious how much debt can the City the size
of Marysville absorb. We’re now
talking between $180 and $200M.
Mr.
Greg Faulkner addressed Council. Regarding
the presentations given earlier this evening, it would have been nice to have
the opportunity to have reviewed the presentation a day or two ago or some time
other than this evening. It also would
have been nice to have been able to ask questions during the presentation,
which would have been more beneficial to the citizens. He questioned the chart drawn earlier by Mr.
Simpson showing the financial curve and allowing growth to catch up to offset
the cost in the future. He said that can
be so misleading. You have no idea what
the future holds. We could be in a bit of
a recession in the future, at which time the timing is the worst for having an
increase in the utility cost. Nothing
ever gets less expensive, wages never keep up with
cost increases. The message about
conservation is very good. He’d like to
see more of that. There are all kinds of
technology out there to reduce water consumption within a household. He mentioned the Building Standards from the
U.S. Green Building Council for their LEED Program might be a good place to
start.
When
talking about reaching capacity, people act like that was a problem. Marysville is no longer a small town. People come to Marysville because it’s not
Regarding
the estimates for building the reservoir and the treatment plants, Mr. Faulkner
said he has worked in public service and development and almost every project
that he’s dealt with in the public sector has cost overruns. There are a lot of ups and down in the market
when it comes to steel and concrete. No
one really knows what it’s going to cost to build until they close out the
project.
Impact
fees should be explored. Residents
should not bear the price of development at the developer’s profit.
Mr.
Faulkner mentioned the City’s current usage demand and the plant capacity. He’s not sure the City has a big emergency on
its hands.
In
closing, Mr. Faulker said growth is not always good.
Mr.
Don Frazier addressed Council. Planning
should never stop and for that reason, while he may not agree with part of the
underlying reasons that Ms. Sellers is proposing her resolution, he believes
her statement that we need to continue to plan and is glad she has made that
commitment to engage in that planning process.
Part of what Council has done in this situation here tonight is they
have already undertaken, long ago in a Planning Process that they participated
in and was recommended by the Administration, perhaps because of EPA mandates
or because of other necessities of debt that we face in the operation of aging
water and sewer plants and the need to relocate a sewer plant in a manner that
the EPA will be satisfied with and a manner that could support both the current
citizens and future growth. Much as we
might like for things to stay the same, we all, regardless of who we are, know
that things don’t stay the same, and Marysville is not the same as it was when
he came to town in 1982, and it won’t be the same next year as it is here in
2007. In his opinion, Council was
advised at the outset of this planning process of what would be needed to stay
that course in the way of rate increases, in order to undertake the projects
that Council voted to undertake. Now
we’re knee deep in the construction of a new sewer plant. Some of the suggestions would seem to
indicate that we need to stop after we’ve undertaken the course that Council has
already voted on and which he supports, even though he doesn’t like rate
increases any more than anyone else. His
water and sewer rates have gone up $50 a month minimum. He feels it would be irresponsible of Council
to not pay attention to what Mr. Simpson has said and what the Master Plan said
is needed in order to get this done.
While he supports Ms. Sellers resolution regarding planning, he also
thinks it would be irresponsible for Council to say that we’re going to make it
a 6% increase, when they know in everything before them has demonstrated that
an 8% increase is needed in order to avoid huge increases on down the
line. He feels one thing Council needs
to consider is the fact that before Council tonight are three gentlemen, and you have one of the smartest and most
respected bond counsels in all of the state of
It’s
important to consider Mr. Creviston’s comments and Mr. Frazier supports
those. It costs the City almost nothing
to help out those who are in need. Mr.
Creviston has been very creative in making creative suggestions to both Council
and
It’s
important to consider the fact when looking at the water plant that you need
new development both inside and outside the City to help pay for the debt you
have voted to incur and/or will vote to incur.
In order to serve development, you have to have both sewer and water to
offer. When talking about growth in the
southern part of the County, and whether or not it will make a difference to
the City, you need to consider the fact that right now on the table is one of
the largest developers in the nation by way of
Mr.
Lloyd Baker addressed Council. He passed
out an information sheet on Capacity Fees.
He feels these fees acknowledge that the existing citizens have funded too
much growth already, and it is a way of managing urban sprawl, as well as
helping to maintain and enhance the value of the existing properties.
He
passed out a copy of an article from the Marysville Journal Tribune dated
February 23, 2001. He noted one of the
pillar defenses that he gleaned from the Ad Hoc Committee’s work was the term
“Pay me now or pay me later.” At some
point, payments are going to catch up with us.
In 2001 when this article was written, it was used to defend substantial
sewer rate increases, as well as water rate increases at that time, which went
virtually unchallenged by the community because they were willing to pay now in
2001. Using that as a defense now to
expect us to pay again in 2007 is a misuse of that statement. That statement comes across as “pay me now
and pay me later.” That removes the
spirit of that comment and removes that defense.
Many
people have forgotten until their water bills come, usually in January, about
the legislation that was passed in 2005, substantially increasing the sewer
rates. They were raised 68.7% in
increments up through 2010. To date, 31%
increases remain from that to appear on peoples’ billings between 2008 and
2010. In less than three years, each
dollar that consumers are now paying for sewer charges, they will be paying
$1.31 for every dollar they are currently paying for sewer usage. He feels that’s been overlooked in evaluating
the impact of these water increase. That 31% does not include the proposed 12.3%
increase in water.
On
the reservoir issue, how many reservoirs do we have to pay for before we get
one? Mr. Baker referred to articles in
the Marysville Journal Tribune on March 23, 2001 and the February 23, 2001. Comments were made that the legislation for
the 2001 increases “will fund debt service on the City’s purchase of the water
company which totals $1.2M annually as well as pay for current and future
improvements such as the construction of the