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HomeMy WebLinkAboutSelectmen's Ad Hoc Water and Sewer Rate Study Committee Final Report -6-03-2005Final Report of the Selectmen's Ad Hoc Water and Sewer Rate Study Committee Town of Lexington, MA Volume I 3 June 2005 Executive Summary / Introduction Prompted by citizen questions regarding the fairness, appropriate inclusion of costs and increasing charges of the water and sewer rates, the Board of Selectmen formed the Ad Hoc Water and Sewer Rate Study Committee (Committee) in January 2004. The Committee was tasked with making a comprehensive review of and advising the Selectmen on the methodology, structuring and policies used in setting the water and sewer rates. The full text of the Board's charge appears at the end of this Executive Summary. The members of this Committee were well - qualified to take on this difficult and complex assignment. Their skills and experience included: economics, utility management, engineering, law, accounting, business, environmental protection and citizen advocacy. The Committee met more than fifty times from January 2004 through the end of May 2005. Its members devoted a significant amount of time between meetings to data collection and analysis. The Committee appreciates the support of the many Town employees who assisted us and the thoughtful contributions of the Selectmen liaisons. As the Committee's examination progressed, a number of concerns were identified. These issues were documented in the Committee's Interim Report on the Selectmen's Ad Hoc Water and Sewer Rate Study Committee, 30 September 2004, a copy of which is attached (in Volume 2). In its final report and recommendations, the Committee recognizes three broad themes: 1. Maintaining a safe, secure, well- maintained and well - financed water supply and wastewater facility is a crucial service provided by the Town. Lexington's water and sewer services are, by and large, operationally well - provided; 2. There are no clear, consistent or established policy guidelines for setting water and sewer rates, as manifest in: a. The steeply ascending rate block structure, which results in a significant premium for larger families and other high - volume users and substantially below -cost pricing for the lowest - volume users; b. The inclusion of certain items in the water and sewer rate structure that may more properly belong in the General Fund; c. The inclusion of certain items in the water and sewer rate structure that are duplicative, including deprecation, debt service and reserve deposits; and d. The absence of a clear and consistent policy for financial reserves; and for abatements and collection of overdue accounts; 11 3. There are problems in the Water and Sewer Enterprise Funds' (EF) financial management, manifest in: a. Incorrect bills; b. Difficulty maintaining accurate usage, billing and collection records, utilizing the current municipal software platform (MUNIS); and c. The absence of clear, consistent and transparent accounting statements that meaningfully and reliably report the financial status of the enterprise funds. Clear, written policies should be adopted addressing the broad issues we have identified in order to provide consistency and continuity in the rate - setting process and guidance to the staff. Central to these policies should be the concept that the Water and Sewer operations should operate as a self - sufficient, stand - alone, transparent accounting entity that is fully accountable to its ratepayers and that neither subsidizes, nor is subsidized by, the General Fund. The Committee unanimously makes two fundamental recommendations that are essential for the implementation of all other recommendations described in this report: Financial management of the EF should reflect sound business principles, with all costs properly established and clearly accounted for utilizing Generally Accepted Accounting Principles (GAAP), and 2. In order to provide that sound financial management on a day -to -day basis, and to implement the rate - setting and financial accounting policies we are recommending, the Town should appoint a qualified Business Manager for the EF who is directly accountable for the financial operations of the EF and responsible for representing the interests of the EF and its ratepayers in negotiations with other town departments for supporting services. The Committee is aware that the Town's outside auditors are currently engaged in a special audit of the Water and Sewer Enterprise Fund. This audit was commenced in late 2004 to determine the reasons for certain billing irregularities and a significant drop in the level of the EF's cash reserves as of the end of FY04. The Committee has decided not to delay the submission of this Final Report until the completion of that special audit. However, the Committee believes that many of the concerns and recommendations it has identified in this report — particularly its recommendation to engage a Business Manager who can provide better accounting oversight and manage the financial operations of the EF on a day -to -day basis — may parallel those of the town's auditors. The Committee's itemized recommendations and detailed discussions are presented in the following sections. The overarching goal in all the recommendations is to make the rate - setting system more transparent, accountable, equitable and consistent. The Committee understands that some recommendations may have to be phased -in to avoid General Fund budget disruptions. Phasing -in is acceptable provided there is a commitment to and schedule for implementing changes. iii Selectmen's Charge to the Ad Hoc Water and Sewer Rate Study Committee: Advising the Selectmen regarding the methodology, structuring and assumptions made in determining the water and sewer rates. The Committee shall consider the feasibility of continuing to appropriate funds through the water and sewer enterprise accounts for in lieu of tax payments. In addition, the Committee shall examine the inclining block rate system, its strengths and weaknesses and consider the assumptions made to determine the accountability in direct charges that are part of the rate setting process. The Committee should consider the impact of any changes that would be recommended. IV Table of Contents Executive Summary / Introduction ................................................ .............................ii Participants............................................................................................................. ..............................2 1. Summary ....................................................................... ..............................3 1.1. Introduction .......................................................................................... ..............................3 1.2. Summary of recommendations ............................................................. ..............................3 1.2.1 Management recommendations ................................. ..............................3 1.2.2 Policy recommendations .......................................... ..............................4 1.3. Implementation plan ............................................................................. ..............................5 1.3.1. Review of the Final Report ............................................................ ..............................5 1.3.2. Hiring the Business Manager ......................................................... ..............................5 1.3.3 Make Rate Policy Decisions .......................................................... ..............................6 1.3.4 Initial activities of the Business Manager ...................................... ..............................6 2. Basis for recommendations .................................................. ..............................6 2.1. Water and Sewer Enterprise Funds ...................................................... ..............................7 2.2. Business Manager ................................................................................ ..............................7 2.2.1. Qualifications and Financial Management Responsibilities for Business Manager .... 7 2.2.2. Consumer representation responsibilities ....................................... ..............................8 2.3. Financial Reports .................................................................................. ..............................9 2.4 Rates .................................................................... .............................10 2.4.1 Statutory constraints on rates .................................... .............................11 2.4.2 Usage characteristics of water and sewer customers ......... .............................11 2.4.3 Background on block sizes ...................................... .............................12 2.4.4 Recommended number of blocks ............................... .............................13 2.4.5 Amount of revenue required ..................................... .............................13 2.4.6 Steepness of rates .................................................. .............................13 2.4.7 Dollar rates for the blocks ........................................ .............................14 2.4.8 Alternative rates ................................................... .............................17 2.4.9 Effects of other recommendations (FY06 illustration) ....... .............................19 2.5. Indirects ............................................................................................. ............................... 22 2.6. PILOTs ................................................................................................ .............................22 2.7. Depreciation ........................................................................................ .............................24 2.8. Capital and Debt .................................................................................. .............................25 2.9. Reserves .............................................................................................. .............................25 2.10. Billing Frequency ................................................................................ .............................26 2.11. Billing and Accounting software ......................................................... .............................26 2.12. Accounts Receivable and Liens .......................................................... .............................27 2.13. Abatements and adjustments ............................................................... .............................27 2.14. Direct Costs ......................................................................................... .............................28 3. Appendix A - Individual Statements ...................................... .............................29 3.1 Lorraine Fournier ................................................................................ .............................29 3.2 Dave Laredo ........................................................................................ .............................30 3.3 Wade Tambor ...................................................................................... .............................33 3.4 Bruce Williams .................................................................................... .............................33 3.5 Loren Wood ......................................................................................... .............................36 4. Appendix B - Sampe Financial Reports .................................. .............................38 5. Appendix C - Financial Impacts ........................................... .............................44 6. Appendix D - FY06 rate illustration methodolgy ........................ .............................45 1 Participants The participants included nine Appointed Members (with voting powers) of the Selectmen's Ad Hoc Water and Sewer Rate Study Committee, Liaisons to the Committee, Lexington Town Staff, and Citizens. The Committee invited a number of guest presenters on various topics. Water and Sewer Rate Study Committee, Appointed Members 1. John Bartenstein (resigned 30 June 2004, appointed to Appropriation, and as liaison) 2. Larry Belvin (resigned 30 August 2004) 3. Kathryn Benjamin 4. Paul Chernick 5. Dan Fenn (resigned 2004, appointed to Interim Town Manager Search Committee) 6. Lorraine Fournier 7. Ann Gilbert (appointed 27 September 2004) 8. David Laredo 9. Jim Osten 10. Wade Tambor (appointed 13 September 2004) 11. Bruce Williams (appointed 13 September 2004) 12. Loren Wood (Chairman) Liaisons Selectmen Jeanne Krieger- until spring 2004 Selectmen Richard Pagett- after spring 2004 Appropriation Rick Eurich Appropriation John Bartenstein (following appointment to Appropriation) Lexington Staff Appropriation Committee, on financial issues DPW, Director William Hadley DPW, Water /Sewer Supt. Dennis Meehan Finance Department Michael DiPietro Fin. Dept., W/S Rev. Off. Rose Ducharme Finance Department Michael Young Consultant to Town Chris Woodcock Guest Presenters John Bartenstein Attorney, on PILOTS Norman Cohen former Town Counsel, on enterprise fund legal issues Peter Enrich Attorney, on PILOTS Jay Gonzales Palmer and Dodge, Town's law firm, on enterprise legal issues Alan Levine Appropriation Committee, on financial issues Tom Lindberg MWRA, on MWRA issues Leo Norton MWRA, on MWRA issues David Sheehan formerly of Mass. Dept. of Revenue, on debt issues 2 1. Summary 1. 1. Introduction This is Volume I of two volumes. Volume II is pending, and will be a compilation of various documents, including the complete set of minutes, the Interim Report of 30 September 2004, the document entitled PILOT Material for Selectmen, the PILOT memo prepared for the Selectmen by Town Counsel, Palmer & Dodge, and detailed metered usage data that the Committee derived from a MUNIS billing run. 1.2. Summary of recommendations This Section contains the recommendations of the Water and Sewer Rate Study Committee (WSRSC). Sections 1.2.1 and 1.2.2 contain concise statements of the recommendations, divided into management and policy categories. Section 1.3 proposes an implementation plan for the recommendations that the Selectmen choose to adopt. Section 2 discusses the recommendations in more detail. 1.2.1. Management recommendations The section and page numbers following the recommendations reference the more detailed discussion of the recommendation later in this report. Management: The Committee unanimously recommends that the Town obtain a water and sewer Business Manager to manage the water and sewer Enterprise Funds (EF), increase efficiency, and support the Selectmen's policy decisions. (2.2, page 7) Financial reports: The Committee unanimously recommends that financial reports including a) an Operating statement, b) a Cash flow statement, and c) an Assets & Liabilities statement, be prepared at least quarterly using generally accepted accounting principles (GAAP). (2.3, page 9) Indirects: The Committee unanimously recommends that the Business Manager represent the rate- payers to determine the level of indirect costs, using quantifiable measures that are transparent. (2.5, page 22) Billing Frequency: The Committee unanimously recommends that the Business Manager develop a plan for implementing quarterly billing. (2. 10, page 26) Billiniz and Accountiniz software: The Committee unanimously recommends that the Business Manager research and acquire utility- specific software for the EF financial operations including report generation and billing and collection, and that those activities be supervised by the Business Manager. (2.11, page 26) Committee's future role: The Committee unanimously recommends that the Selectmen, by appropriate appointments, make some members of this Committee available to assist the Selectmen and Business Manager in interpreting and implementing the findings and recommendations herein. 3 1.2.2. Policy recommendations Water usage is metered and charged for in hundreds of cubic feet (hcf) where one hcf equals 748 gallons. Sewer usage is also charged by the hcf, and is based on water usage. The recommended rate structures are given below. Section 2.4 presents two alternative rate structures, but only for comparison and informational purposes. The Committee only addressed rates for accounts that are billed semi - annually (block rate, irrigation and municipal). Monthly accounts (Bedford, Hanscom and the VA Hospital) are outside the scope of the Selectmen's charge to the Committee, and we assume that they will continue to be handled as in the past. Irrijzation rates: The Committee unanimously recommends that water used for irrigation or other outdoor use on a second meter continue to be charged at a flat rate equal to the highest block rate. This is the current policy. (2.4.7, page 15) Municipal rates: The Committee, by 6:1, recommends that all municipal and school buildings pay for water and sewer at a flat rate that is equal to the average cost, computed as described in Section 2.4. The FY04 rates ($1.10 for water and $1.74 for sewer) were far below the average rates of $3.27 for water and $7.39 for sewer. The Committee's analysis indicates that the actual FY04 municipal charges were $139,637. The charges at the recommended rates would be $543,479. Adding the full increase of $403,841 in a single year would probably cause too much disruption to the Town budget. We therefore suggest a transition period of up to four years to phase in the recommendation. At the fall 2005 rate - setting, the municipal rates for water and sewer should be raised 25% of the way towards reaching the average costs, and by an additional 25% in each of the next three years. To illustrate, had this been done for FY04, the rates would have been $1.64 for water and $3.15 for sewer. Residential and commercial rates: The Committee, by 7:1, recommends that the existing four -block rate structure for residential, commercial and institutional use be reduced to three blocks. Assuming semi - annual billing, we recommend blocks from 0 to 40 hcf, 41 to 80, and 81 and up. (If quarterly billing is adopted, the block sizes should be divided by two.) (2.4.4, page 12) The Committee agrees that the present block rates for water and sewer are too steep and, by a vote of 6:2, recommends that the block rates be restructured as follows: 1. We recommend that the middle block be set at the projected average rate. 2. We recommend as a mid- to long -term objective (unless the water and sewer expenses decline significantly) that the rate for the highest block be set not more than 20% over the middle rate. Presently, the high rate is 53% above the middle rate. 3. To provide for a smooth transition to this objective, we recommend that the high rate remain at $4.99 until that rate is not more than 20% above the middle rate (average rate). Thereafter the high rate can be increased, but should never be set more than 20% above the middle rate. (2.4.6, page 13) 4. Finally, we recommend that the lowest block be set at whatever level is necessary to achieve the required revenue, after the middle block and the highest block have been set. This block rate will be somewhat lower than the average cost. in Special Contracts: The Committee unanimously recommends that the Business Manager be responsible for the periodic review and negotiation of rates charged to customers that are billed monthly under special contracts (Hanscom, VA Hospital and Town of Bedford). PILOTS: The Committee, by 6 to 2, recommends that the PILOTS (payments -in- lieu -of- taxes) be phased out. (2.6, page 22) Depreciation: The Committee, by 7 to 1, recommends that depreciation be excluded from the rate - setting process. (2.7, page 24) Capital and Debt: The Committee unanimously recommends that the Business Manager prepare and follow (with the approval of the Selectmen) a long -term maintenance and capital improvement plan and identify those projects that should be funded by borrowing. (Section 2.8, page 25) Reserves: The Committee, by 7 to 1, recommends that operating reserves of about 5% of gross yearly revenues be the yearly target. This would have been about $750,000 at the FY04 revenues. (2.9, page 25) Accounts Receivable and Liens: The Committee unanimously recommends that the Business Manager establish and/or document policies for the collection of accounts receivable and the imposition of liens, and submit it to the Selectmen for approval. Once the policies are established, their enforcement should be supervised by the Business Manager. (2.12, page 27) Abatements and adjustments: The Committee unanimously recommends that the Business Manager, in consultation with the DPW personnel and the Selectmen, document current policies and procedures or modifications and additions thereto, for making abatements and adjustments, and that the customers be informed of said policies. (2.13, page 27) 1.3. Implementation plan The Committee unanimously recommends that the implementation plan described below be followed regarding our recommendations. 1.3.1. Review of the Final Report This Final Report and the documents that the Committee will supply in Volume II (including the 30 September 2004 Interim Report) contain a great deal of information that supports our recommendations. The Committee would be pleased to answer questions about this material in person or in writing. 1.3.2. Hiring the Business Manager The Committee has noted that the FY06 budget contains a "slot" for a person to take on the role that we call "Business Manager ". The Committee suggests that the job description and other aspects of the hiring process utilize the material in Section 2.2 herein, and that the position be filled promptly. (2.2, page 7) 5 1.3.3 Make Rate Policy Decisions The Committee recommends that the Selectmen expeditiously make those decisions that affect rate - setting so they may be implemented in the FY06 rate - setting to occur in the fall of 2005. These include deciding whether to adopt the Committee's recommendations on the: • water and sewer block sizes, • block rate principles, • municipal rate, • irrigation rate; • phase -out of the PILOTS; • exclusion of depreciation from the budget; • reserve target; • setting of indirect costs. 1.3.4 Initial activities of the Business Manager Once the Business Manager is on board, we suggest that he /she: • make a thorough study of this Final Report and its Volume II; • assist the Selectmen in developing policies in the areas suggested herein; • develop an understanding of the current EF accounting practices and procedures; • develop formats for the financial reports we recommend; • collaborate with the Selectmen and Town Manager to develop quantitative methods and procedures to determine the indirect expenses; • document the policies adopted by the Selectmen, and document all agreed upon procedures; • investigate, in consultation with appropriate MIS personnel, financial and billing software and computer platforms for the water and sewer EF uses; • recommend the identified financial software and computer platform to the Selectmen and Comptroller; • supervise the procurement of the financial and billing software and computer platform, installation, and training of users. 2. Basis for recommendations The discussions in this section are in each case endorsed by at least a majority of the Committee. Several Committee members have additional views on various topics. These views are presented in Appendix A, Individual Statements. (page 29) The recommendations and discussions that follow should guide the Business Manager, with the approval of the Selectmen. The Committee understands that some recommendations will have to be phased in to avoid General Fund budget disruptions. Phasing is acceptable provided there is a commitment and schedule for completing the changes. In some cases, the Committee has recommended a schedule. no 2.1. Water and Sewer Enterprise Funds Providing water is an essential service. It must not be jeopardized by inconsistent and unreliable funding, such as can occur with limits on property tax rates and competing priorities for funding Town services. Enterprise Funds (referred to as "EF' in this report) are popular accounting mechanisms for municipalities. Enterprise Funds are not separate entities from the Town. They are an accounting mechanism for certain services that are funded by user fees; with its independent revenue source, an EF is not limited by Proposition 2 -1/2 constraints and does not compete directly with other Town services funded by property tax revenues. Enterprise Funds also make it easier to closely monitor and track costs and revenues. Town Meeting adopted the use of Enterprise Fund accounting for Lexington's water and sewer services in 1987. Although EFs are not the only way to accomplish the above purposes, the Committee fully supports their use. 2.2. Business Manager The EF is about 11% of the Town's total expenditures. There is no one individual who is currently responsible for overseeing financial management of the EF. The Director of the DPW and the Director of Finance share the responsibility. Nor is there a separate water and sewer board to monitor the rates and advocate for the consumers. That job is currently under the purview of the Board of Selectmen, who must represent the interests of the Town as a whole while simultaneously representing the interests of the consumers. The Committee recommends that a new position of Business Manager be filled, that is responsible to the Comptroller and the Selectmen for financial management of the EF, and represents the interests of the ratepayers in negotiations with other Town departments and in front of the Board of Selectmen acting in their capacity as the Lexington Water Board. 2.2.1. Qualifications and Financial Management Responsibilities for Business Manager The Business Manager's ideal qualifications include education and/or experience in municipal financial management and municipal utility management accounting. Knowledge of water and sewer operations and general business practices would be a plus. Also, the new manager should have the ability to interact cooperatively with other Town personnel. The Business Manager would: 1. prepare financial reports, including Operating, Cash Flow and Asset & Liability statements, and present them to the Selectmen and to Town Meeting under Article 2 2. work with DPW personnel and prepare and present an annual business plan to the Selectmen with comparative budget financial statements 3. work with the Comptroller to develop the methodology and amounts of all indirect allocation of costs 4. work with DPW personnel to present recommendations and alternatives to the Selectmen for changes in consumer rates 5. oversee billing and collection operations 6. work with the Comptroller and Director of Public Works in developing and implementing long range capital financing plans 7. respond to financial inquiries from citizens. 7 The organizational chart in Figure 2.1 -1 shows the structure which the Committee believes is necessary to achieve the balance of accountability and authority needed for the Business Manager to be effective in the areas above. The solid lines represent lines of organization, and the dashed line symbolizes the Committee's opinion of the Business Manager's responsibility as representative of the rate payers in front of the Selectmen and their capacity as the Lexington Water Board. Rate - setting Figure 2.1 -1 Organizational Chart Board of Selectmen (Water Board) Town Manager Comptroller Finance DPW Director Water & Sewer Revenue Water &Sewer Business Manager I Director Superintendent Billing 2.2.2. Consumer representation responsibilities Should there be differences in opinion on the amount of an indirect allocation in the EF budget, the Business Manager shall be the representative of the rate - paying customers during the resolution by the Selectmen. If the Business Manager believes that the resolution is not fair to the rate - paying customers, he /she shall represent the customers during a final resolution made by Town Meeting in accordance with the DOR publication: Enterprise Funds, MGL Chapter 44 s.53F -1/2, June 2002, in the Frequently Asked Questions section, number 17. "If, however, the enterprise still cannot agree with the community's financial officials what figure should be used for indirect and allocated costs, the appropriate body to resolve the matter is the city council or town meeting. Disagreements should be brought to the Comptroller and/or the Selectmen, and, if necessary, to Town Meeting." As a practical matter, the Committee believes it is desirable to resolve conflicts before the Selectmen. 2.3. Financial Reports The State statutes and DOR regulations covering the EF require that: a) all revenues be credited to the EF b) surpluses be kept within the EF c) surpluses be used only for rate relief or EF capital purchases The statutes also allow deficits to be made up from the Town's General Fund, but this has not been necessary since the time Lexington adopted the EF. Presently, the only financial report that the Committee has seen is a budget prepared as part of the rate - setting process. This report seems to be lacking the detail and format necessary for the Selectmen, Town Meeting, finance committees and citizens to understand the financing requirements of the EF. This in turn makes it difficult to set EF policies, manage the EF, and respond to citizen complaints. The Committee believes that the recommended reporting system will correct these deficiencies and provide an ongoing, comprehensive financial picture of the EF. The three financial reports the Committee believes are the minimum to properly manage the EF are: • an operating statement, reporting the net income, which is either a surplus (profit) or a loss. It is sometimes referred to as a P &L statement. It contains revenues, expenses, and net income. For each item it shows the original budget projection made at the beginning of the fiscal year and the actual result for the end of the year. • an assets statement, reporting the financial condition of the EF by presenting assets and liabilities. • a cash flow statement, reporting on the factors which affect the generation of cash (net income from the operating statement is not a measure of net cash). The report shows if the cash needs of the EF are being met, and includes items such as accounts receivable, inventories, cash from financing, principal repayments, etc. Examples of formats for each of the recommended reports are shown in Appendix B. These reports should be prepared at least quarterly, and comparisons and variances between planned performance and actual performance should be discussed. 2.4. Rates Rates are a function of the required revenue (i.e., the projected expense budget less the non -rate revenues), and the projected usage of water and sewer services. The recommended rate - making policies are illustrated using FY04 as an example. Enterprise Fund expense recommendations are illustrated using the FY06 water and sewer budgets that appear in the 2006 Recommended Budget (Blue Book) under programs 3700 and 3800. Rate design for the semi - annually billed accounts involves making decisions on the following: 1. Block sizes (in hcf) 2. Number of blocks 3. Amount of the required revenue 4. Usage characteristics of the water and sewer customers 5. Steepness of the rates in successive blocks 6. Dollar rate charged in each block, in accordance with usage and the desired steepness, so as to produce the required revenues Z In FY04, Lexington had the fourth highest rates of the 24 municipalities that obtain both water and sewer from the MWRA. This is due in part to the fact that none of the other municipalities charge PILOTS, and that Lexington may be more aggressive and comprehensive in assessing indirect costs (i.e., costs transferred to the EF from other Town Departments.) Additionally, our rates are second from the top in steepness. Neighboring families in Lexington may pay higher rates from one another for a relatively slight increase in amount of water used. These and related issues prompted the Board of Selectmen to form this committee and requested it to examine the inclining block rate system currently in use. This Committee is well qualified to study rates with its collective talents, education, and backgrounds in economics, utility management, engineering, law, accounting, business, environmental protection and citizen advocacy. This Section describes our analyses and recommendations made with inputs from DPW staff and the Town's rate consultant. The dollar rates illustrated herein in Section 2.4.7 correspond to FY04 revenues and usages. This provides concreteness, and allows comparison to the actual FY04 rates. The dollar amounts in Section 2.4.9 for FY06 depend on the FY06 projected budget and usages experienced in FY05, and the extent to which our expense recommendations are adopted. The illustration assumes all recommendations are adopted. 2.4.1. Statutory constraints on rates The setting of municipal water and sewer rates is subject to three statutory constraints. First, as a general rule, water and sewer rates must be "just and equitable." See M.G.L. c. 41, § 69B ( "the selectmen ... may regulate the use of the water and fix and collect just and equitable prices and rates for the use thereof'); M.G.L. c. 83, § 16 (selectmen ... may from time to time establish just and equitable annual charges for the use of common sewers "). This standard gives the selectmen "considerable discretion in determining the methods of fixing prices or rates," and rates will be upheld as long as they have some rational basis. See Henry B. Byors & Sons, Inc. v. Board of Water Commissioners, 358 Mass. 354, 358 (1970); Morton v. Town of Hanover, 43 Mass. App. Ct. 197, 205 (1997). Second, descending block rate structures are prohibited. M.G.L. c. 40, § 39L ( "[n]o local body shall charge for water or sewer services on a descending unit rate basis. ") Finally, municipalities within the MWRA must charge for water utilizing an increasing block rate with at least two rate blocks. M.G.L. c. 165, § 2B ( "All municipalities or water districts within the jurisdiction of the Massachusetts Water Resources Authority ... shall institute water charges and fees that incorporate a base rate for all users; provided, that said base rate shall be increased at an increasing block rate to fairly reflect the resource demand and consumption of high volume users of water "). There is no similar requirement for sewer charges. 2.4.2 Usage characteristics of water and sewer customers Rates can only be effectively designed if past usage is known. The Committee agreed to work with the actual usages and revenues in FY04. The usage in the Table 2.4.2 -1 below shows the actual use by the Residential accounts in the spring 2004 billing period, determined by the Committee by analysis of a MUNIS billing run for about 28 July 2004. 10 Table 2.4.2 -1 Spring FY04 residential customer usage data From To #users Pct.users Cum. Pct. users HCF used Pct. hcf Revenue Pct. Revenue Cum. Pct. Revenue 1 5 123 1.4% 1.4% 297 0.1% $2,106 0.1% 0.1% 6 10 298 3.3% 4.7% 2189 0.5% $15,520 0.4% 0.5% 11 20 1048 11.6% 16.3% 16624 4.2% $117,865 3.2% 3.7% 21 30 1603 17.7% 34.1% 43818 11.0% $327,435 8.9% 12.5% 31 40 1905 21.0% 55.2% 68639 17.2% $544,382 14.7% 27.3% 41 50 1528 16.9% 72.1% 77768 19.5% $655,430 17.7% 45.0% 51 60 1050 11.6% 83.8% 56977 14.3% $518,554 14.0% 59.1% 61 70 623 6.9% 90.7% 41090 10.3% $392,004 10.6% 69.7% 71 80 299 3.3% 94.0% 22758 5.7% $224,631 6.1% 75.8% 81 90 205 2.3% 96.3% 17179 4.3% $178,608 4.8% 80.6% 91 100 107 1.2% 97.4% 10114 2.5% $114,015 3.1% 83.7% 101 110 70 0.8% 98.2% 7264 1.8% $86,320 2.3% 86.0% 111 120 33 0.4% 98.6% 3784 0.9% $47,209 1.3% 87.3% 121 130 19 0.2% 98.8% 2363 0.6% $30,521 0.8% 88.1% 131 140 16 0.2% 99.0% 2152 0.5% $28,639 0.8% 88.9% 141 150 10 0.1% 99.1% 1437 0.4% $19,566 0.5% 89.4% 151 160 8 0.1% 99.2% 2349 0.6% $32,856 0.9% 90.3% 161 170 9 0.1% 99.3% 1486 0.4% $21,102 0.6% 90.9% 171 180 7 0.1% 99.4% 1217 0.3% $17,522 0.5% 91.4% 181 190 9 0.1% 99.5% 1647 0.4% $24,019 0.7% 92.0% 191 200 3 0.0% 99.5% 585 0.1% $8,659 0.2% 92.2% 200 100000 46 0.5% 100.0% 17458 4.4% $286,569 7.8% 100.0% 9019 100.0% 399195 0 $3,693,530 • Fifty -five percent (55 %) of residential users are in the first two current blocks (0 -20 hcf and 21 -40 hcf). They generate about 27% of the EF's revenues. The Committee concluded that the rates for these lower volume users should be increased to be more equitable. • The next 39% of residential users are in the next block (41 -80 hcf). They generate about 49% of revenues. They are paying close to their fair share vis -a -vis average costs. • The remaining 6% of residential users are in the top block. They generate about 24% of revenues. These users currently are significantly subsidizing both lower volume users and municipal users. The Committee believes that rates for these users should not be increased until the other users are paying more of their fair share (i.e., those users now being subsidized should be first to cover required rate increases until a better balance, based on equity, is achieved). Other categories of customers include: • Those with separate meters for irrigation or other outdoor use who are charged at a flat rate at a premium. • Commercial/industrial users and public users (e.g. churches) who are charged the block rates. • Municipal users (e.g. Town buildings and schools) who are charged at a heavily subsidized flat rate. The Committee recommends gradually increasing the municipal flat rate up to the average rate over a period of four years. • There are approximately 315 customers from all categories using over 100 hcf per billing cycle (excluding customers billed separately for irrigation). About 79 exceed 200 hcf per cycle. The Committee recommends that, at some future time, the Business Manager should review and determine their water use characteristics for operational and financial planning purposes. 11 2.4.3 Background on block sizes In 1999, the block sizes of 0 -20 hcf, 21 -40 hcf, 41 -80 hcf, and 81 hcf and up were proposed and adopted. These sizes were designed assuming quarterly. big. But, they were applied to the existing semi - annual billing structure. Changing the frequency of billing requires changing the block sizes. For semi - annual billing, the block sizes should have been 0 -40 hcf, 41 -80 hcf, 81 -160 hcf, and 161 hcf and up. The average Lexington family uses about 90 hcf /year, or 45 hcf /per half -year, or 22.5 hcf /quarter- year. The proposed block sizes billed quarterly would have most families paying in the first rate block. Using these block sizes for semi - annual billing has resulted in compressed, or much steeper rates than intended, with many households paying at the second, if not the third block rate. One of the other consequences of these misapplied block sizes is that the lowest volume users have received a greater subsidy than was intended. While their bills will result in a significant percentage increase with the new recommended rates, the actual dollar increases will be modest. Table 2.4.3 -1 compares what the actual FY04 annual bills were with what they would have been, if the four blocks been set as intended in 1999. Table 2.4.3 -1 Comparison of Actual FY04 Water and Sewer Bills and FY04 Bills Adjusted to Show the Intended Block Sizes Use per half year Current water /sewer rates Yearly bill with current block sizes Rates for intended blocks Yearly bill with "intended Increase (decrease) Change in % increase (decrease) 5 $2.20/$4.89 $71 $2.47/$5.48 $80 $9 12.3% 10 $2.20/$4.89 $142 $2.47/$5.48 $159 $17 12.3% 20 $2.20/$4.89 $284 $2.47/$5.48 $318 $34 12.3% 30 $3.06/$6.05 $466 $2.47/$5.48 $478 1 $12 2.5% 40 $3.06/$6.05 $648 $2.47/$5.48 $637 ($11) (1.7 %) 50 $3.82/$8.14 $887 $3.43/$6.78 $841 ($46) (5.2 %) 60 $3.82/$8.14 $1,126 $3.43/$6.78 $1,045 ($81) (7.2 %) 70 $3.82/$8.14 $1,366 $3.43/$6.78 $1,250 ($116) (8.5 %) 80 $3.82/$8.14 $1,605 $3.43/$6.78 $1,454 ($151) (9.4 %) 90 $4.99/$13.13 $1,967 $4.28/$9.13 $1,723 ($244) (12.4 %) 100 $4.99/$13.13 $2,330 $4.28/$9.13 $1,990 ($340) (14.6 %) 2.4.4 Recommended number of blocks The Committee considered one (corresponding to a flat rate), two, and three blocks. Working with the goal of making the rates between the blocks less steep, it was understood that the range within each block would be expanded, at least at the low end. Knowing that nearly 100% of households use no more than 100 hcf/half -year and that 55% of households use not more than 40 hcf per half - year we compromised on three blocks, with ranges from 0 -40 hcf, 41 -80 hcf and 81+ hcf. 12 2.4.5 Amount of revenue required The Committee agreed to use the actual revenues collected from the block rate payers in FY04 as the illustrative revenue requirement, namely $10,445,728. So, whatever the Committee was to decide about the steepness of the rates in the agreed upon three blocks, the total revenues had to add up to $10,445,728. The decision to use this value implies that the rates and usages for, and thus the revenues from, other sources (irrigation, municipal accounts, Bedford, Hanscom, and the VA Hospital) would be unchanged for the illustration. 2.4.6 Steepness of rates Having agreed on the number and sizes of blocks, having assumed the revenue requirement, and knowing the actual FY04 usage in each block, the Committee considered what policies or guidelines to use in setting the steepness of the rates. The following considerations were identified as influencing members' choices for the steepness of block rates in the FY04 illustration. They are listed in alphabetical order: • Conservation • Costs to serve various user categories • Equity to different user sizes (e.g., household size) • Possible legal challenges to heavy municipal subsidies • Seasonal usage • Statutory requirements for rates Committee members had different views on these considerations. Some members were more concerned with conservation, while others were more concerned with equity. There was even disagreement as to what "equity" means, and the degree to which steep rates encourage conservation. Some members were concerned with legal aspects of flat rates, while others believed there was no risk, noting that 14 of 24 communities that get water and sewer from the MWRA have flat rates. Some members had a business viewpoint (which would tend toward flat or declining block rates), while others were comfortable with inclining rates. Using the following policy guidelines, the Committee established the dollar rates for the blocks as discussed in the next section (2.4.7): • three blocks should be used with an increasing rate per unit of use • the rate for the middle block should be the average rate per hcf to provide water and sewer service to all the block rate payers • the block rates should not create steps that are overly steep • therefore, the rate for the highest block should ultimately be not more than 20% over the average • the block structures and charges should be the same for all accounts except those with special agreements (e.g. Bedford, Hanscom and the VA Hospital), the municipal accounts and irrigation accounts. 13 2.4.7 Dollar rates for the blocks Table 2.4.7 -1 shows the actual FY04 water and sewer rates. Table 2.4.7 -1 Actual FY04 rates Usage range hcf Water rate Sewer rate Total rate 0-20 $2.20 $4.89 $7.09 21-40 $3.06 $6.05 $9.11 41-80 $3.82 $8.14 $11.96 81 -up $4.99 $13.13 $18.12 As stated in Section 2.4.5, the Committee agreed to use the $10,445,728 of actual FY04 revenues collected from block rate payers as the basis for developing illustrative rates. The illustration developed in this section shows what the rates would have been in FY04 if our rate recommendations had been in effect in the fall of 2003 (i.e., the rate - setting time for FY04), and if the revenue projections at that time happened to be the revenue that ended up being actually collected. The decision to base the illustration on the actual FY04 block rate revenues is consistent with the following: • Our recommendation to retain a flat irrigation rate of $4.99 • Our assumption that monthly (special agreement) accounts will continue with the current policies (those accounts are outside the scope of the Selectmen's charge to us) • The fact that the Committee developed the illustration before deciding on the recommendation for the municipal rates Had the illustration been made after deciding to recommend gradually increasing the municipal flat rate up to the average block rate, then we would have used $10,344,768 as the required block rate revenues. This is because the municipal recommendation would have resulted in increased municipal revenues (by $100,960) and thus a reduction in the revenue required from the block rate payers. The Committee felt that the effect was too small to justify the effort to recalculate the illustration. The block rate use and revenue is shown in Table 2.4.7 -2 below, where the values come from the Committee's analysis of a MUNIS "billing run" which was provided to us on or about 28 July 2004. Dividing the revenues by the usage results in average water and sewer rates for block rate accounts of $3.27 and $7.39 respectively. These values are the rates for the middle block in our FY04 illustration. 14 Table 2.4.7 -2 FY04 block rate revenues for water and sewer, and average rate Note: The values do not include abatements made after 30 June 2004. For this reason, and perhaps others, the values are not necessarily what will appear in the audit report, which is scheduled to be delivered prior to 30 June 2005. Category Block rate accounts. Water hcf Water bills Block rate, W &S 962,970 $3,125,618 Block rate, water only 55,649 $200,833 Water totals 1,018,619 $3,326,451 Average water rate $3.27 (a rounded value) 1 $18.12 Category Block rate accounts Sewer hcf Sewer bills Block rate, W &S 962,970 $7,119,277 Average sewer rate $7.39 (a rounded value) For a number of years irrigation has been charged at the highest water block rate. Although some residents may think this is unfair, the actual cost of providing irrigation is more complex than one might think initially. Some think it a relatively unnecessary use, so conservation considerations might suggest charging a high rate to discourage excessive use. Therefore, we decided to leave the irrigation rate at $4.99. It seemed reasonable to retain the tie between the irrigation rate and the highest water rate, so we decided for the FY04 illustration to make the highest water rate $4.99 and, for consistency, the highest sewer rate was kept at the FY04 value $13.13. The decision to retain the water and sewer high block rates was conditional on the increase in the amount of revenue that was required to balance the expenses, which in turn required an increase in the average rate (i.e., the middle rate). If the middle rate rises and the high rate stays the same, then the low rate must necessarily rise. Thus the desired reduction in steepness is achieved. On the other hand, if there is a decrease in the amount of revenue that is required to balance the expenses, the middle rate falls. In this case we recommend retaining the low rate. If the middle rate falls and the low rate stays the same, then the high rate must necessarily fall. Thus the desired reduction in steepness is achieved. The rate in our FY04 illustration for the lowest block, 0 -40 hcf, must then be $2.68 for water and $5.53 for sewer in order to generate the required revenue. The dollar values are summarized in table 2.4.7 -3 below. Table 2.4.7 -3 Illustrative FY04 rates Usage range hcf Water rate Sewer rate Total rate 0-40 $2.68 $5.53 $8.21 41-80 $3.27 $7.39 $10.66 81 -up 1 $4.99 1 $13.13 1 $18.12 15 The next two tables show that the required revenue is generated for water and sewer. Table 2.4.7 -4 Water revenue from recommended rates Usage range hcf Water hcf used in range Water rate Revenue in range 0-40 644,506 $2.68 $1,724,507 41-80 153,611 $3.27 $501,639 81 -up 220,502 $4.99 $1,100,305 Totals 1,018,619 $3,326,451 Table 2.4.7 -5 Sewer revenue from recommended rates Usage range hcf Sewer hcf used in range Sewer rate Revenue in range 0-40 616,912 $5.53 $3,411,651 41-80 145,742 $7.39 $1,077,477 81 -up 200,316 $13.13 $2,630,149 Totals 962,970 $7,119,277 Table 2.4.7 -6 Water + sewer revenue from recommended rates Water revenues $3,326,451 Sewer revenues $7,119,277 TOTAL REVENUE $10,445,728 2.4.8 Alternative rates For comparison purposes, two other illustrative rates considered by the Committee are shown as follows, along with the current rates and the recommended rates. They all generate the required amount of revenue. We are not recommending any of these alternatives but have included them only for illustrative purpose. To reiterate, we recommend the rate - setting principles used to develop the illustrated FY04 rates. Figures 2.4.8 -1 and 2.4.8 -2 are graphs of the FY04 actual rates and the recommended rates, in which the dotted lines represent the average steepness. The recommended rates are 66% as steep as the FY04 rates, and the steepness will decline in succeeding years. Figures 2.4.8 -3 and 2.4.8 -4 are a two -block rate, and a flat rate at $3.27 for water and $7.39 for sewer. The two -block water rates are $2.85 and $4.99, and the sewer rates are $6.05 and $13.13. In Figures 2.4.8 -1 to 2.4.8 -4, the horizontal axes are hcf of use, and the vertical axes are the rate in dollars. The thin line is the sewer rate and the heavy line is the water rate. The dashed lines represent the steepness of the rates. [The reader should disregard the labels shown in the gray borders. They are codes that were used to generate the figures.] 16 Figure 2.4.8 -1 Actual FY 04 rates 1 FY04 16 14 13 12 11 10 9 8 7 6 6 4 3 2 1 0 0 120 160 200 240 Figure 2.4.8 -3 A two block rate 16 42 at 100 16 14 13 12 11 10 9 8 7 6 4 3 2 o■ 0 40 80 120 160 200 240 Figure 2.4.8 -2 Illustrative FY04 rates 16 2 40- 0ave,> 0$4.99 16 14 13 12 11 10 9 8 7 6 6 4 3 2 1 0 0 16 16 14 13 12 11 10 9 8 7 6 6 4 3 2 1 0 0 40 80 120 160 200 240 Figure 2.4.8 -4 Flat rates Flat 40 80 120 160 200 240 Figure 2.4.8 -5 plots the differences between the FY04 semi - annual bills and bills at the FY04 illustrative, and two -block and flat rates, all versus semi - annual usage over the range 1 hcf to 1,000 hcf. The same data is shown in table form in Table 2.4.8 -1 after the graph. The table's left hand section shows the bills, and the right hand section the differences from the FY04 bills. 17 0 w Figure 2.4.8 -5 Comparison of rates $1,000 Bill is higher above the horizontal axis $100 , _ o - - glat 10 i 100 1, Recommended -$100 F Bill is lower below the horizontal axis` - - - - - Two blocks- - - $1,000 �a [$10'0 '00 hcf per 6 mos 10 Flat Table 2.4.8 -1 Bills, and differences, for FY04, recommended, 2 blocks, and flat Use in 6 mos. (hcf) Semi - annual water plus sewer bills Differences from FY04 bills FY04 Recom- mended Two blocks Flat Recom- mended Two blocks Flat 5 $35 $41 $45 $53 $6 $9 $18 10 $71 $82 $89 $107 $11 $18 $36 15 $106 $123 $134 $160 $17 $27 $54 20 $142 $164 $178 $213 $22 $37 $71 30 $233 $246 $268 $320 $13 $35 $87 50 $444 $435 $446 $533 ($9) $2 $89 80 $802 $755 $714 $853 ($48) ($89) $50 125 $1,618 $1,570 $1,345 $1,333 ($48) ($273) ($285) 200 $2,977 $2,929 $2,704 $2,132 ($48) ($273) ($845) 315 $5,061 $5,013 $4,788 $3,358 ($48) ($273) ($1,703) 500 $8,413 $8,365 $8,140 $5,330 ($48) ($273) ($3,083) 790 $13,668 $13,620 $13,395 $8,421 ($48) ($273) ($5,246) 1000 $17,473 $17,425 $17,200 $10,660 ($48) ($273) ($6,813) 18 2.4.9 Effects of other recommendations (FY06 illustration) Some of our other recommendations have the effect of reducing water and sewer block rates, as follows: • Increasing the municipal rate increases the revenues paid into the EF by the Town, and thus reduces the revenue required from block rate payers and irrigation users. • Reducing the PILOT expenses and eliminating rate - setting depreciation reduces the total revenue required. While the increase in the municipal rate and reduction in the PILOTs will increase pressure on the Town budget, we believe they are necessary in the interest of transparency and equity. If our recommendations are applied to the EF budgets shown in the Fiscal Year 2006, Recommended Budget (Blue Book) the effects are summarized below. 1. The PILOTS (currently $500,000 for water and $250,000 for sewer) would be reduced by one -third in the first year. 2. We assume that the $1,025,000 ($500,000 for water and $525,000 for sewer) of requested FY06 rate - setting depreciation (a non -cash "expense ") would be eliminated. 3. Our recommendation to increase the municipal rate will increase FY06 revenues. (Our recommendation, had it been in effect in FY04, would have increased water revenues by $26,732 and sewer revenues by $74,228.) 4. We assume that the added direct cost of the Business Manager will be offset by a reduction in the indirects. 5. The MWRA expenses will rise, but by less than the above reductions in revenue requirements. 6. Therefore, there may be a net reduction in the water and the sewer expenses. The average rate should be determined differently than in Section 2.4.7. In that section, the average was determined without considering irrigation and municipal use. This was because the determination was made before we decided upon the irrigation and municipal rate recommendations. The correct method is to divide the revenue required from the block rate payers, irrigation users and municipal users by the total use by said users. As in Section 2.4.6, the middle rate is set to the average rate, which may decline in FY06 if our recommendations are adopted As explained in Section 2.4.7, if the middle rate declines, we recommend retaining the low rate at the previous year's value. The high rate is then whatever is required to generate the total required revenue. The illustration in Table 2.4.9 -1 below is based solely on the current (FY05) to -be- retained low block rates, the FY04 usage, the FY05 (estimated) non -rate revenues and charges to the monthly accounts, the Blue Book expenses, and our recommended reductions in expenses. It also presumes that the DOR will certify reserves as of 30 June 2005 that are at, or above, about $350,000 for water and $400,000 for sewer. Table 2.4.9 -1 shows the FY06 rates that the methodology would produce before, and after, the recommended expense reductions. The details of how they were determined are in Appendix D. 19 f able 1.4.9 -1 Adjusted rates, consic FY06 illustration rates, before recommended expense reductions Usage range hcf Water rate Sewer rate Total rate 0-40 $2.66 $5.76 $8.42 41-80 $3.47 $7.52 $10.99 81 - up $4.99 $13.77 $18.76 all recommendations FY06 illustration rates, after recommended expense reductions Usage range hcf Water rate Sewer rate Total rate 0-40 $2.20 $5.13 $7.33 41-80 $2.93 $6.91 $9.84 81 -up $4.28 $13.14 $17.42 The municipal water rate would be $1.56 and the sewer rate $3.10. Table 2.4.9 -2 below compares the FY04 water plus sewer semi - annual bills, for various semi- annual uses, against bills computed with the FY06 post- expense- reduction illustration. Since the FY05 water rates did not change, and the sewer rate increase was only 5% in FY05, the comparison reflects the change between FY05 actuals and our FY06 illustration fairly well. Table 2.4.9 -2 Semi - annual bills for the FY06 illustration. compared to FY04 Use in 6 mos. (hcf) FY04 semi- annual water plus sewer bill FY06 illustration, after expense reductions FY06 - FY04 Increase (decrease) Change in % (decrease) 5 $35.45 $36.65 $1.20 3.4% 10 $70.90 $73.30 $2.40 3.4% 15 $106.35 $109.95 $3.60 3.4% 20 $141.80 $146.60 $4.80 3.4% 30 $233 $220 ($13) (5.6 %) 50 $444 $392 ($52) (11.7 %) 80 $802 $687 ($116) (14.4 %) 125 $1,618 $1,471 ($147) (9.1 %) 200 $2,977 $2,777 ($200) (6.7 %) 315 $5,061 $4,781 ($280) (5.5 %) 500 $8,413 $8,003 ($410) (4.9 %) 790 $13,668 $13,055 ($613) (4.5 %) 1000 $17,473 $16,713 ($760) (4.3%) 20 Figures 2.4.9 -1 to 2.4.9 -4 show FY04 and FY05 actual rates, and FY06 illustrations for before and after the expense reductions. The horizontal axes are hcf of use, and the vertical axes are the rate in dollars. The thin line is the sewer rate and the heavy line is the water rate. 16 16 14 13 12 11 10 9 8 7 6 6 4 3 2 1 0 0 Figure 2.4.9 -1 1 FY04,actual Actual FY 04 rates 16 16 14 13 12 11 10 9 8 7 6 6 4 3 2 1 0 0 40 80 120 160 200 240 Figure 2.4.9 -3 FY06 illustration before expense reductions FY06,pre- reductions 40 80 120 160 200 240 16 16 14 13 12 11 10 9 8 7 6 6 4 3 2 0 Figure 2.4.9 -2 Actual FY 05 rates Figure 2.4.9 -4 FY06 illustration, after expense reductions 16 4 FY06,postreductions 16 14 13 12 11 10 9 8 7 6 6 4 3 2 0' 0 40 80 120 160 200 240 In summary, the Committee believes that the FY06 post- expense- reduction illustration accomplishes the goals of flattening the rates, increasing moderately the municipal rate, and eliminating and/or phasing out certain expenses the Committee feels are not appropriate. The rates in FY07 and beyond would continue to flatten out if the recommended methodology were applied in succeeding years. As stated in Section 1.2.2, the Committee recommends that the eventual high rate be not more than 20% above the middle rate (average rate). 21 2.5 Indirects The present water and sewer rate - setting budgets include "indirect costs," which are the transfer of costs from Town departments, such as administration, and billing and collection, to the EF for services provided to the EF. The Committee has found that these indirects lack transparency and accountability and some may be over - estimated. This results in lack of faith among the consumers in the fairness and appropriateness of the rates and may result in unnecessarily high rates. The allocation of these costs must be accurate and justifiable, using careful measures or judgments of the time devoted to the EF, plus a cost factor that includes overhead (e.g. rent, utilities, etc.). They must be made "using clearly established formulas to prorate the expense among departments" as specified by the Massachusetts Department of Revenue Division of Local Services in "Enterprise Funds, MGL Chapter 44 s.53F -1/2," June 2002, page 5. As stated above in 2.2.1, the Business Manager would be responsible for working with appropriate Town staff to develop the methodology and amounts of all indirect and allocated costs. The Committee recommends unanimously that the Business Manager represent the rate payers to determine the level of indirect costs. 2.6 PILOTS Since the 1990s, Lexington's water and sewer enterprise funds have made payments in lieu of taxes (PILOTS) to the Town's General Fund. A PILOT charge of $500,000 was added to the water rates beginning in 1992. This was done apparently to replace a loss in revenue of the same amount when the Town of Bedford, which had previously purchased water from the Town of Lexington at a price higher than cost, joined the MWRA and became entitled to purchase water from Lexington essentially at cost. A PILOT charge of $250,000 was added to the sewer rates beginning in 1997, apparently to close a budget gap of that amount in the General Fund that year. Because the decision was controversial the Selectmen appointed a committee to review PILOTS in 1998. Their report offered a split opinion on whether or not to keep PILOTS. When the issue was raised again at the 1999 Town Meeting, an amendment to review PILOTs was defeated. PILOTs are perceived by many as an inappropriately used device to raise additional revenue for the Town's General Fund without following the procedure of an over -ride vote for levying taxes over the Proposition 2 -1/2 limit. Further, the legality of PILOTS is not clear, which exposes the Town to the risk of a law suit and the risk that the Town could lose the law suit. A majority of the Committee believes that PILOTS are not in the spirit of enterprise funds. They offer the principle that the EF is self - sufficient, totally separate from the General Fund. They are cognizant of the enterprise fund's enabling statute's requirement that "If during a fiscal year the enterprise produces a surplus, such surplus shall be kept in [the enterprise's] reserve fund and used for [enterprise capital expenditures, or reduction of user charges]." This separateness increases and improves the transparency of the management of the EF. To the majority, the PILOT seems a contrivance designed to create a surplus of $750,000, which is then paid into the Town's General Fund. 22 The legality of enterprise fund PILOTS has never been ruled upon by a court. The Committee made extensive efforts to understand the legal issues. Lawyers on both sides of the issue submitted written material and (separately) attended Committee meetings to engage in discussions at the Committee's invitations. The Committee had a discussion with a member of Town Counsel's law firm, Palmer and Dodge (P &D). The Committee asked the Selectmen to have Town Counsel provide a written legal opinion. This request was accompanied by a 51 -page document of PILOT - related material compiled by the Committee from various sources. The Committee appreciates that the Selectmen voted to make the request to Palmer and Dodge. The resulting Memorandum from P &D will be included in Volume II. Much of the Memorandum is an analysis of the Emerson case, which discusses the difference between fees (which are allowed for covering the cost of a particular service, voluntarily subscribed to) and taxes (which are mandatory but must be based on some statutory authority and be computed on property value). P &D concluded that the Emerson case does apply to PILOTs, and that the charges would pass muster as a valid fee, as opposed to an illegal tax, only if they could be characterized as a legitimate cost of providing water and sewer services. It then suggested "two possible legal rationales that would support a conclusion that the PILOT portions of the Town's water and sewer user fees are attributable to costs of providing the water and sewer services and consequently are legally permissible." Opinion at page 7. The first possible rationale was that the enterprise fund statute itself, "as interpreted and implemented by DOR," could be viewed to confer implied authority to charge a PILOT by virtue of its provision that "the books and records of the enterprise shall be maintained in accordance with generally accepted accounting principles." In support, P &D pointed to the DOR's Enterprise Fund Manual, which mentions GAAP as a possible basis for charging PILOTs,I and to the DOR's approval of the Town's tax rate with knowledge that PILOT payments had been included in the Town's local receipts. P &D observed, however, that "given the absence of express statutory authority and the fact that the Enterprise Funds are not legally separate entities from the Town, there is some legal risk in relying on such authority as the sole legal basis for charging" PILOTS. Opinion at page 10. As an alternative rationale, P &D then suggested that "[t]he only way, however, to be certain that a court would uphold the amounts charged by the Town as PILOTS would be if such amounts were tied to actual indirect costs of the water and sewer systems" that were not otherwise accounted for. Opinion at page 12. As we have already established that our EF is aggressive and comprehensive in identifying and paying indirect costs to the Town for services related to the EF, it does not seem that this rationale would justify the PILOT payments. We reproduce below the last paragraph of the MEMORANDUM to the Board of Selectmen from P &D, dated March 25, 2005, Re: PILOTS Charged to Town of Lexington's Water and Sewer Funds: CONCLUSION "There is no case law which directly addresses the legality of the Town's charging PILOTS to the Enterprise Funds and collecting such charges through water and sewer user fees. For 1 The Enterprise Fund Manual also states, however: "Notwithstanding the foregoing, it must be noted that from a legal point of view, it is not at all clear to what extent a court would consider such a payment to be part of the actual cost of providing the service, and therefore an appropriate component of the enterprise fund's fee structure." Manual at 24. 23 the reasons described above, we believe that a court could conclude that the Town has implicit statutory authority to charge water and sewer PILOTS to the Enterprise Funds and, therefore, that the PILOTS constitute legitimate costs of the Town's water and sewer systems which may be recovered from the users of the systems. There are certain factors which could, however, lead a court to reach the opposite conclusion. One way in which the Town could mitigate (but not eliminate) the risk that a court would not uphold the PILOTS would be to calculate the PILOT amounts in the manner prescribed by DOR (i.e. based on the amount of property taxes the water and sewer systems would pay if privately owned and subject to taxation.) The only way, however, to be certain that a court would uphold the amounts charges by the Town as PILOTS would be if such amounts were tied to actual indirect costs of the water and sewer systems." A minority of the Committee believes that the PILOTS are appropriate. Some members think the words "actual indirect costs" includes costs of services that are available to the public as a whole (such as fire protection, libraries, and schools, which are not included in our indirect cost allocations), in addition to costs that are actually incurred by the Town (such as for preparing engineering drawings for the installation of water pipes), and as such, it would be legally permissible to make PILOTS. One member cites footnote 16 of the Emerson decision. "Proprietary fees do not implicate the taxation power if based on fair recompense for the public monies expended for initial construction and for adequate maintenance" of the facilities used. "Opinion of the Justices, 250 Mass. 591, 597 (1924). " The cited Opinion says: "If and so far as such tolls or rentals are based on fair recompense for the public moneys expended for initial construction and for adequate maintenance, they do not involve the power of taxation. They rest on the rights of the Commonwealth as proprietor of the instrumentalities used. As a sovereign power the Commonwealth may do as it will with its own, provided its action can be said to be in the public interest and not violative of constitutional guarantees." If the Selectmen decide to continue PILOTS, a methodology must be established for calculating on an objective basis the amount of the payment. The Committee strongly recommends that PILOTS should be phased out. 2.7 Depreciation Depreciation is a non -cash expense, providing a mechanism for cost recovery over the life of an asset. For the EF, these costs are recovered through the inclusion of debt service or cash capital in the rate - setting process. Municipal and other government organizations, including Lexington, estimate annual depreciation as part of their fixed assets accounting computations. As far as the Town's water and sewer system is concerned, the annual depreciation value is used to compute the "book value" of the physical facilities comprising these systems. The Town's past rate setting cycles have used the annual depreciation value of the water and sewer systems as the basis for the expense item designated as "depreciation reserves." It appears that this 24 way of cost accounting has resulted in an additional reserve account, that is, a reserve in addition to the operational reserve account (see section 2.9). The Committee recommends that depreciation, or depreciation reserves, should not be part of the rate setting process. 2.8 Capital and Debt A capital expenditure is "an addition to the value of fixed assets ". For an EF, large maintenance and repair projects can be considered capital expenditures. Using borrowed funds to finance routine maintenance and minor improvements can add an unnecessary interest cost to the EF and raises rates more than if paid for directly. On the other hand, major water and sewer system maintenance, expansion and updating can be too expensive to recover in the current rates. While the Committee believes that rates should reflect the actual cost of services, we further believe that the cost of large capital projects should be borne by both current and future users. We recommend that the Business Manager, with the DPW staff, develop a long -term maintenance and capital improvement plan and identify those projects that should be funded by borrowing. 2.9 Reserves The EF includes an operating reserve account financed through income from rates and charges. The Committee believes that the policy of including this account should be continued, because such an account provides cash for unexpected events, including: 1. a reduction in revenue due to lower usage 2. an increase in accounts receivable 3. emergency system repairs 4. mid -year changes in the MWRA assessment The Committee believes the reserves are too high, due to a number of practices which we recommend be discontinued: • Reserves should not be maintained to "smooth out" rate increases (although reserves may be used to offset a MWRA increase which is effective before a rate increase can be implemented). It is the consensus of the Committee that consumer rates should reflect the actual cost of EF services. • Reserves should not be set to fund large capital projects, since these are more appropriately funded with debt (see section 2.7 on Capital and Debt). • Reserves should not be maintained to account for depreciation (see section 2.7). The Committee recommends that EF operating reserves be kept to a minimum. With reasonably accurate forecasts, a reserve of 5% of revenue (about $750,000 for FY04) should be the target. 25 2.10 Billing Frequency Presently, water and sewer block rate, irrigation, and municipal account charges are billed semi- annually. The Committee believes these bills (averaging over $400 every six months for households) are high enough to constitute a hardship on some residents. Billing quarterly and offering services such as "level" billing and automatic bill paying would address this problem and provide a number of advantages: 1. For consumers: a. make payments easier b. discover and correct leaks and other use problems sooner c. more easily see the benefit of conserving d. improve convenience 2. For the EF: a. reduce receivables (and the amount of working capital needed) b. reduce consumer credits c. improve the perception that the EF is a well run business There will be additional costs to achieve these advantages, but the benefits should outweigh the costs. Changing billing frequency and services is a complex project, and must be planned and implemented concurrently with rate changes. 2.11 Billing and Accounting software Several years ago the Town changed its financial accounting software and operating system to the MUNIS system. While a considerable amount of the EF's indirect payments go to the Comptroller, Revenue and MIS departments to use and support MUNIS, the Committee is of the understanding that MUNIS was not designed for utility applications and is less than satisfactory for financial monitoring and reporting for the EF. As a recent example, the Town retained outside auditors to investigate the large amount of accounts receivable for FY04, and they have been unable to obtain the necessary information from the MUNIS system for over five months. Further, any new billing system should include data such as customer usage that is necessary for rate - setting but is not organized in MUNIS in any one data base, which makes this rate - setting much more difficult to perform. We recommend that customer account history records be maintained for at least 5 years. Good billing systems include information such as: • meter readings, • the last and first readings when the meter is changed, • the usage in the billing periods (difference in successive readings), • the corresponding billed amount (water and sewer separately), • any "automatic" adjustment, and • any adjustments /abatements which were applied for and granted or denied, along with the date and reason for each, and which bill it is in reference to, • the date the bill was sent, • the date and amount of payment, • interest paid on late remittances, 26 • amounts received through the Assessor when the account is liened • the address of the service, • its assessor's map and lot numbers (or other designation used by the assessor's records), • the name of the current and previous holders of the account, • the number of occupants in the served building, and • the number of housing units in the served building. The Committee recommends that it be a high priority for the Business Manager to investigate whether the EF should continue to use the MUNIS system for financial monitoring, reporting and billing or use another system that is better suited for utility operations. Many commercial financial and billing systems are available that are specifically designed for utility applications. 2.12 Accounts Receivable and Liens The Committee has found that collection of overdue accounts has not been diligently pursued in the past several years. The management of accounts receivable is critical to cash flow and reserves. A high rate of past -due water and sewer bills unfairly raises the costs for all users. The Committee unanimously recommends that the Business Manager, in consultation with the Comptroller and DPW personnel, document the Town's policy for collecting accounts receivable (AR) and imposing liens. If necessary, a new policy should be prepared for the Selectmen's approval. Once the policy is defined and/or established, the Business Manager should monitor its enforcement. 2.13 Abatements and adjustments Abatements are refunds or credits made to water and sewer accounts when customers request a review of their bill. Adjustments are credits made before the bill is mailed, based on prior information, such as an account qualifying for a need -based discount. Each request is handled on an individual basis, and action is taken if investigation by the water department indicates the complaint or request is valid. The DPW grants abatements and makes adjustments to bills for several reasons, including: a) meter reading errors; b) computer errors causing mistakes in billing; c) overuse caused by faulty plumbing fixtures (the adjustment is usually close to the repair cost, based upon the presentation of a receipt); d) increased water use caused by running water to prevent freezing of a shallow underground supply pipe into the residence; and e) assistance provision to needy households based upon proof that they are receiving a discount from another major utility such as NStar. The first two reasons for abatements are billing adjustments rather than discounts to bills. These abatements should not be understood as lost revenue, as the abated amounts are charges that were billed in error. The other three reasons do result in reduced revenues for services provided. 27 From discussion with DPW personnel, indications are that any abatements granted are based upon logical methods they have developed in- house. However, the DPW management agrees that there is some confusion as to the policy and how and when it is applied. Documented policies and oversight by the Business Manager will make application of this policy more consistent, leading to better and more equitable customer service. 2.14 Direct Costs Direct costs are those incurred by the water and sewer department for salaries, material and equipment, debt service, etc. The Business Manager's compensation will be a new direct cost, but the Committee is confident that this direct cost will be more than offset by improved efficiencies and reductions in indirect costs when the Business Manager performs some of the tasks previously performed by other Town departments. NM Appendix A - Individual Statements The recommendations in this report and the discussions of them have been endorsed for inclusion in the report by the whole Committee. This Appendix contains additional contributions made by individual members on topics they wish to bring to the Selectmen's attention and/or for further consideration by the Board. 3.1 Lorraine Fournier The escalating block rate is the most unfair charge of the enterprise fund. Those with small families stay within the first or second block while larger families, who consume significantly larger amounts of water, are escalated into the higher block rates. Why should a larger family pay a higher than average rate for water? As a member of the committee I'm concerned that the large households have a proportionally greater need for water, and that there is no evidence that they are not as conservation minded as smaller households. Therefore, I believe that the present, very steep rate structure is unfair to large families. Reasons for two block rate are as follows; It is estimated that each member of a household uses between 15 to 20 hcf's per semi - annual billing which would make it impossible for families with four or more members to fall at 40 hcf's or below. The lower block users are being subsidized by the higher block users. If the selectmen adopt the three block rate design, it may be years before the gap between the rates are fair and balanced so that all residents are charged the same for water. I recommend a two block structure with the change at 100 hcf's per six month period, or alternatively at 50 hcf's if quarterly billing is adopted. If the cutoff is at 100 hcf s it will cover most families. If the higher block rate is 10% above the lower rate then the statutes requiring increasing block rate would be satisfied. There are 15 communities that have a flat rate in which all residents in these communities are charged the same and 10 communities that have a flat rate with a base charge. That's 25 communities that are served by MWRA that have a flat charge. The same amount of revenue can be collected regardless of the number of blocks or steepness in rates. There are also 39 communities that have quarterly billing. Quarterly billing would increase cash flow and would also make it easier for residents. With the three block design 55% of all residents will remain at 40 hcf's or below while the 45% will be above the 40 hcf's and be charged a higher than average rate. I believe there is no reason why the unfair rates cannot be changed in FY06. I understand that the low users will have to pay more and this will not affect the total amount of revenue collected. 29 3.2 David Laredo A. Introduction This Individual Statement is presented as per the procedure established by Loren Wood, Chairman of the Ad Hoc Water and Sewer Rate Study Committee to allow Committee members to submit individual statements in the Final Report. This Statement presents a dissenting opinion pertinent to the Report's recommendations for Block Rates and Payment in Leu of Taxes (PILOT). The writer also presents some brief comments regarding the recommendations for Reserve accounts and Indirect costs. It is well to note that the dissenting opinions presented below represent a distinct minority view on the Committee. The writer believes that these remarks should be considered in the context of the entire report, and not be construed alone as reasons to disregard the Committee's recommendations. Further discussion is presented below. A. Personal Opinion Regarding the Committee's Recommendation on Block Rates The Committee's recommendation regarding the block rates is stated in this Report's sub - section of 1.2.2, and discussed in detail Section 2.4. The Committee spent many hours discussing these recommendations. The wealth of information presented in Section 2.4 provides evidence to the complexity of the discussion and analyses which were necessary as the basis for such recommendations. Based upon the writer's long held belief that rate studies are economic studies, and as such should be prepared based on cost of service principles, the writer respectfully disagrees with the recommended charges per rate block and the formula it prescribes for the future allocation of these charges. The Committee's discussions regarding block sizes and rates per block were long and detailed and sometimes arduous. A large portion of the wide ranging discussions included cost of service principles, many combinations of blocks and charges, application of rates equal to average costs and many other points. These issues are well documented in Section 2.4. The final recommendation seems to the writer as a compromise which includes preserving the Committees' long standing belief that the rates be simplified to three blocks with the charges per block less steep than the existing (see the Interim Report discussion on this matter). The writer believes however, that the Committee's final recommendation for rates per block makes it out to be one which does not resemble a rate that is based upon cost of service principles. Further, the formula recommended for future block rates is basically unfair, as it allocates all future year's cost increases to the middle block, rather than allocating the costs to all user groups. Thus, the Town could have a very difficult time defending the recommended rates if they are subjected to the scrutiny of the Mass. DOR. As such, the BoS should consider this opinion in terms of the Committee's total work effort and the wealth of information presented in Section 2.4. (A most significant part of this presentation is data in spreadsheet format and billing analyses- provided through literally hundreds of hours of work - by the Committee's Chairman, Loren Wood. The BoS should also recognize the availability of the analyses spreadsheet provided for the Committee's use by member Paul Chernick.) ta B. Personal Opinion Regarding the Committee's Recommendation on Payment in Lieu of Taxes (PILOT) In the writer's opinion, the PILOT issue has been the most contentious the Committee had to deal with. This should be obvious from the text of this report and of the Interim Report as well, and it is the only issue for which the Committee has sought a legal opinion from the Town' Counsel. (See Palmer and Dodge Memorandum in Appendix XXXX or in Volume 2) The writer believes that the Committee's opposition to the PILOT is, as stated in Section 2.5 — "To the majority, the PILOT seems a contrivance designed to create a surplus of $750,000, which is then given over to the Town's General Fund..." Further, based upon discussions in and outside the Committee, and the Committee's Interim Report the writer believes that the strong sentiment against the PILOT is due to the feeling that the charge, initiated in 1992, is a device to make up for the revenue loss due to the Town of Bedford being lost as a water supply customer, while at the same time providing a convenient way for the Town to supplement the General Fund outside the limits imposed by "Prop. 21 /z ". These strong sentiments appear to be very well known in all levels of the Town's Governance. Further, the writer believes that some of the opposition to the PILOT charges may have increased over the last several years due to the Town's lack of action in providing a clear justification for this policy. The writer's position on the PILOT issue is admittedly biased by his over 40 plus years of engineering and utility management experience, including the last 25 or so primarily spent in the utility and municipal /public finance arena. This experience has led the writer to believe water and sewer utilities should be financially self sufficient and the charges they impose be based upon the budget pegged to providing the highest quality of service the utilities can provide. These charges must be tempered by fairness to its customers, and they must be set using well documented cost accounts and be in conformance to law and policy limitations of the jurisdiction served by the utility. Municipal governments — the owners of these systems - must guarantee these conditions to insure high quality services and as such, is a joint provider of the services, but carries the final responsibility for provision of these services. Thus, it is the writer's opinion that if the municipality believes it is necessary, it can impose a charge for its own benefit, to be paid through the utility's revenue collected from charges. The Town's PILOT charge, in the writer's opinion, fits the criteria described above. Further, the concept of PILOTS is well established for non - taxpaying entities, including special quasi — governmental agencies and jurisdictions established to provide water supply and wastewater services. The writer's opinion on the legitimacy of the Town's PILOT charge was bolstered by the Palmer and Dodge Memo on the subject. This Memo is far from definitive, but does indicate to the writer that the Town's action to impose the PILOT was within the Town's statutory authority and is thus not illegal. The writer recognizes, as the P &D Memo goes on to say, because there is no case law on the subject, the Town runs the risk of having the courts rule otherwise. 31 Based upon the above the writer feels the Town is well within its rights to include a PILOT as part of the costs to be recovered by the water supply and wastewater charges. The PILOT charge that carries the least risk, according to the P &D Memo, is a charge calculated in the manner prescribed by the Mass Department of Revenue. This calculation would base the charge on the amount of property taxes the water and sewer systems would pay if privately owned. The "property" in this case would be the book value of the fixed assets of the water supply and sewer systems. This value is calculated annually as part of the Town's fixed assets accounting activities. In addition to the risk mitigation, calculating the PILOT in this manner represents treating the EF as a private business entity, albeit one which is limited in the manner it computes its charges. Again, it is important for the BoS to recognize this opinion on PILOTs represents a distinct minority view in the Committee. Further, the concept of the town basing the level of the PILOT charge as described above, (as identified by the P &D Memo as carrying the least risk) was discussed by the Committee and soundly rejected in a formal vote C. Comments Regarding the Committee's Recommendation on Indirect Costs and Reserves The Committee's recommendations regarding Indirect Costs and Reserves are presented in Sections 1.2 and are further discussed in Sections 2.5 and 2.9. The recommendations on Indirect Costs are straight forward and easy to understand. In effect the recommendation states that the manner in which these cost allocations are made is difficult to understand and it is recommended that the Business Manager be given the responsibility to determine and document a logical and transparent methodology for the allocations of Indirect Costs. The writer is in complete agreement with the recommendation. The system users and town citizens have the absolute right to be adequately informed as to the basis of these costs and how they are allocated. The Committee's recommendation for the new Business Manager to prepare this methodology is sound. The methodology should be based upon accepted cost accounting principles, and there are many references illustrating how these allocations can be applied to public sector agencies. The logic and "straight forwardness" of the Committee's objective in making the recommendation may be a bit muddled by the discussion of Section 2.5 which dictates in minute detail how the process should be carried out and problems resolved. Most of the discussion does little more than quote State regulations and little to advance the recommendation. Thus the writer presents these remarks with the hope of reinforcing the logic of the recommendation to make clear the advantages of its acceptance by the BoS. The recommendation on limiting the Reserve accounts also is straight forward, and the writer believes it is a sound recommendation. Fairly budgeted reserve accounts provide a strong measure of flexibility in the EFs and limiting this flexibility may not be prudent. Thus, the recommended value of 5 per cent must be understood as a target level. This value therefore is not absolute and can be varied to accommodate changing operational needs, and as such should not affect the EF's budgeting flexibility. 32 3.3 Wade Tambor Shortly after joining the Rate Study Committee in September 2004, I listed my first impressions. With minor changes, the following summarize those observations: 1. The Water /Sewer Enterprise fund should be run like a business entity. (As someone observed, "every tub should sit on its own bottom "). Its revenues, derived from ratepayers, should be used only to recover the costs of operating and sustaining the Enterprise. 2. To insure public trust, its billing to "customers" should be fair, transparent and be consistent with good business /accounting practices. (Current accounting, supported by MUNIS, is in disarray). 3. It appears the Water /Sewer Enterprise fund has evolved in ways that support some objectives inconsistent with good business practices. For example, it has been used to divert funds to general revenue by: • including difficult to quantify Indirect Charges from other departments, • accumulating funds for capital replacement that exceed supportable levels, particularly when capital expenditures are bonded, • subsidizing other Town Departments' water usage It should not be used for "back door" tax increases under the umbrella of user fees. 4. PILOTS (Payments In Lieu of Taxes) appear to be borderline illegal and should be eliminated or phased out. 5. The rate blocks are questionable, particularly when the lower tier does not always cover MWRA charges. This creates a subsidy for lower level users. At the very least, full MWRA charges should be included in all rate tiers. Also, school and municipal water charges should at least cover the MWRA charges plus other direct costs. 6. The Committee needs to not only provide the data and analyses to help the Selectmen reach a decision; it needs to make specific recommendations that are clear and actionable. 7. It is recognized that changes likely will have to be phased to avoid budget disruptions for the Town. This phasing should be acceptable to the community if a clear and fair outcome is articulated and a schedule for the changes is presented in advance. Citizens will be reasonable when given the facts. After over eight (8) months of working with the Committee, I believe my early impressions remain valid. 3.4 Bruce Williams Consumer Rates for Water and Sewer Services A. Pricing Policy 1. Pricing should be consistent with the Enterprise's objectives a. Prices must cover, but not exceed, MWRA costs, and the Enterprise's operating costs. b. Pricing policies should be easily understood and fair to all consumers. 33 2, Pricing should encourage conservation. 3. Pricing must be consistent with two State regulations which require that: a. "no local body shall charge for water and sewer services on a descending rate basis ", and, b. "all municipalities .... shall institute water charges and fees that incorporate a base rate for all users, provided that said base rate shall be increased at an increasing block rate to fairly reflect the resource demand and consumption of high volume users of water." This regulation applies only to water charges. It is a strange regulation since it does not address how a rate structure is to "fairly reflect" demand and consumption. It also refers to "high volume users" without any reference to how these are defined. B. Defects of Block Pricing. 1. Increasing block prices produce inequities: The largest number of consumers pay less than costs, while the few high volume users' pay more than costs. In effect, a relatively few consumers are subsidizing all others. 2. High prices for "high volume" users has been justified as a conservation incentive. However, only about 10% of total water use is by "high volume" consumers (those over 200 HCF per year). Therefore, if conservation is a primary objective, the highest prices should apply to those "non high volume" consumers who use 90% of the water. C. Water and Sewer Costs These costs have two parts: 1. MWRA costs: Equals total volume used times the MWRA rates, 2. Operating costs: Equals the cost of maintaining and operating the Enterprise's system (including meter reading, billing, accounting, etc.). Because these costs don't vary with year to year volume fluctuations they are essentially a fixed cost. D. The Optimum Pricing Policy ( "Keep It Simple ") 1. One rate for water, plus a special irrigation rate, and one rate for sewer service. These rates would apply to all consumers. 2. Except for the irrigation rate, the water and sewer rates would be set to equal the unit cost (MWRA and Operating) of the service. E. Advantages of the Policy are numerous Pricing is easy to justify: a. Costs = price b. About half of the cost (price) is for MWRA charges 34 The reason for a price increase is simple: When costs rise, prices rise by the same amount 2. All consumers pay the same price regardless of type, or consumption. Special pricing deals will disappear. 3. Every consumer will pay the full cost per unit of service. No consumer will have to subsidize some other consumer. (Increasing block rates mean some pay less than costs and others pay more). 4. The incentive to conserve will apply to those who use 90% of all the service (up to 180 HCF per year), instead being focused on the 10% as is the case with present pricing. There will also be a premium price to encourage conservation of non - essential irrigation use. F. Pricing Recommendations 1. Regulatory issues If water rates are set to recover all costs, but not to exceed costs, then increasing rates will result in rates for some consumers that are less than cost and others who will pay rates that exceed costs. To "fairly reflect" water "resource demand ", the below cost rates should not apply to those who consume most of the water (i.e. 180 HCF per year). 2. To comply with the literal wording of the regulation and minimize conflict with its apparent intent: a. For sewer service, one rate equal to cost, for all consumers. b. For water service, three rates: (1) Irrigation rate which is at least 50% above actual cost, regardless of amount consumed (2) Two water rates: The first for 1 -100 HCF at cost. A second rate for 100+ at 5% over cost 3. Lexington municipal and Bedford rates should at least equal average MWRA charges. Hanscom and VA Hospital pricing should be the same as all other consumers. G. How to Phase -In the Recommended Pricing 1. The recommended pricing would result in a large increase for some consumers, and a decrease for others. Making the changes in one year would probably produce confusion and complaints from citizens. 2. Therefore, it is desirable to phase -in any major change in pricing structure. 3. One phase -in approach is to apply MWRA and operating cost increases only to the existing rates which are now less than cost (see Blocks 1 and 2). Those rates which exceed costs would not be increased. Similarly, if operating costs are reduced by the elimination of PILOTS, a reduction of "indirects" and other costs, Block 4 and 3 rates could be reduced. 35 4. At some point, when the Block 1 has been eliminated, and differences in Block 2, 3 and 4 rates are small, the recommended structure could be implemented without being disrupting. 3.5 Loren Wood The following does not mean I disagree with the Committee's report. I voted in favor of all of the recommendations. I did not ask for a vote on some of my ideas. I recognize that the EF finances and rates are extremely complicated and need to take into account many goals, some of which are mutually exclusive. Reasonable people can come to different conclusions. The ability of the EF to non - transparently charge fees has, incrementally over time, resulted, in my opinion, in fees that exceed costs. The excess goes to the General Fund (which has come to rely on this revenue). This is against the intent of EF legislation, and subject to legal challenge. Exhibit A in this regard is the PILOTS, which are clearly illegal in my layman's (but assiduously researched) view. The indirect charges are probably overestimated in every area, especially Revenue, Comptroller and MIS. The amount in the latter areas ($360,348 in FY04) suggests very inefficient operations and/or very much of an over assessment. I believe the Business Manager with a PC and appropriate commercial software could do everything except collections and the legal work associated with bond issuance. Increasing block rates are "required" by vague and practically meaningless legislation, probably as a conservation incentive. Water demand is quite price- inelastic, so increasing block rates have little effect on consumption, in my opinion. The main conservation incentive is that the more water used, the higher the bill. The current blocks are unfair to those with greater needs for water, such as large families. When the Town went from nine blocks to four, the block widths were recommended assuming quarterly billing. Because semi - annual billing was adopted, the blocks are much too narrow (0 -20 hcf, 21 -40, 41 -80, 81 up). A reasonable and easily defended approach is to simply make the blocks be what was originally intended (0 -40 hcf, 41 -80, 80 -160, 160 up). The municipal users (town offices, schools, etc.) are charged a below -cost flat rate. This means that residential, commercial and other users are paying some of the municipal and school water costs. This is essentially a tax, and subject to legal challenge. I think municipal uses should pay block rates. I also think the irrigation should have its own block rates, instead of being flat. Both should have to live with the inclining rate situation that the residential, commercial, and institutional domestic water users must. Itemization of property taxes is a valuable asset to many households, despite limitations due to the phase -out of deductions and the Alternative Minimum Tax (AMT). Very many households are not affected by these limitations. Water and sewer fees are not deductible. Prior to the adoption of the EF, many water and sewer operating and debt costs were included in the tax rate. The Interim Report (Table 2.1 -1), shows that of the $14,809,348 in FY04 projected expenses, the PILOTS ($750,000), Indirects ($1,586,197), Town debt ($1,478,938) and MWRA debt ($4,589,314 in a separate communication from the DPW), total $8,404,449. In my opinion these should be on the tax rate. That is how we pay for roads, school buildings, and other infrastructure and operations that benefit every household. Water for fire protection is an important use of EF infrastructure. Disputes over the Indirects would disappear if they weere on the tax rate. (The citizens can still monitor the efficiency with which such services are provided.) 9M Residents pay for most other infrastructure and operations in proportion to their property's value, and this should apply to the EF. The Selectmen can, without a referendum, put EF debt (including the MWRA's) on a Proposition 2 1/2 Debt Exclusion. Thus, there is no risk that the EF would be starved for capital. The Cycle 9 (i.e., billed monthly) rate policies should remain as is, to generate $1,905,948 (Table 2.1 -3 of the Interim Report). The in -town rates would then need to generate $4,498,951. The hcf's of use in FY04 would produce that revenue with the following block rates (including for municipal), and special block rates for irrigation 0 - 40 hcf 41-80 81-160 161 up Water block rates $1.00 $1.39 $1.74 $2.27 Sewer block rates $2.22 $2.75 $3.70 $5.97 Irrigation block rates $1.32 $1.83 $2.28 $2.98 As the Table below shows, high users in small houses would benefit (case A), while low users in large houses would come out behind (case Q. Average households come out even (case B). For example, A uses 70 hcf per half year and would pay $859 less for water and sewer. A's house value is $350K, and would see a property tax increase of $375, but since its deductible, the effective increase is $270. Therefore, A's costs are reduced by $859 and increased by $270, a net benefit of a reduction of $589 in yearly expenses, which is seen in italics in the last column. An Operating Override of $8,404,449 would be required. I think the citizens would support it if there was a guarantee that the PILOTS, Indirects, debt payments, etc. would never again be put into the EF fees. The guarantee would probably have to be in the form of a bylaw. Not being a lawyer, I don't know how such a bylaw should be worded. The reason they would support it, in my opinion, is because a large number of households would be paying for water and sewer operations (but not for the MWRA cost of the water and waste water disposal) with before -tax dollars. 37 Bill if $8M Effec of If $8M - Half EF Change FY04 of EF Saved if tive A, B, C's year put in bill: Resid. put on deduct- tax net water FY04 on () is a Property tax rate: taxes Tax ible incre change: use yearly taxes decreas value in $10.47 $11.54 increas @28% ase in 0 = bene- (hcf) bill $ $ e $ $1,OOOs in $ in $ e in $ in $ $ fit in $ C 10 142 64 (77) 250 2618 2886 268 75 193 30 466 193 (272) A 350 3665 4040 375 105 270 A ($589) B 40 648 258 (390) 400 4188 4617 429 120 309 60 1126 423 (703) B 500 5235 5771 536 150 386 B ($4) A 70 1366 506 (859) 550 5759 6348 589 165 424 140 3779 1241 (2538) C 900 9424 10388 965 270 694 C $617 An Operating Override of $8,404,449 would be required. I think the citizens would support it if there was a guarantee that the PILOTS, Indirects, debt payments, etc. would never again be put into the EF fees. The guarantee would probably have to be in the form of a bylaw. Not being a lawyer, I don't know how such a bylaw should be worded. The reason they would support it, in my opinion, is because a large number of households would be paying for water and sewer operations (but not for the MWRA cost of the water and waste water disposal) with before -tax dollars. 37 4 Appendix B - Sample Financial Reports Example: W &S Asset/Liability Budget FY04 Current Assets Cash & cash equivalents (see "Cash at end of 2004 ") $800 Account receivable $1,800 Inventory supplies & mat $75 Prepaid items 25 Total Current Assets $2,700 Other Assets Liens - Total $310 less liens collected ($120) Liens outstanding $190 Current Liabilities Current maturity of debt $150 Accounts payable $190 Accrued expenses $50 Total Current Liabilities $390 Ratio: CA /CL 6.9 Long term Debt $1,390 TOTAL LIABILITIES 51,7 MEMO: Account receivable - total $1,800 Aging (days) 50 Example: W &S Cash Flow Budget FY 04 Actual $thousa nd Cash flow from operations Net income (see Op Budget) $1,000 Decrease (Increase) in current assets Accounts receivables ($400) Advances & prepaid items ($50) Increase (decrease) in current assets Accounts payable $70 Accrued expenses 50 CASH PROVIDED (USED) BY OPERATIONS $670 Cash from financing activities Proceeds from long term debt $0 Principle repayments of long term debt ($150) CASH (USED) BY FINANCING ACTIVITIES ($150) NET INCREASE (DECREASE) IN CASH $520 CASH AT BEGINNING OF PERIOD $280 CASH AT END OF PERIOD ( "Cash Reserves ") $800 39 Example: FY04 W &S Operating Statement FY 04 Budget Revenue $( 000) Residential $7,700 " - "Irrigation" $1,000 Less Credits ( "Abatements ") 800 Net Residential $7,900 Industrial/Commercial/ $2,200 Public $1,400 Municipal $50 Hanscom $1,000 VA Hospital $200 Bedford $750 Sub tot - Rev from users $13,500 State Rate Relief $50 Bedford "Fixed" $50 Misc. other revenue $100 Total revenue $13,700 Cost of revenue MWRA charges $8,200 Wages & OT $850 System Maint $700 Supplies & materials $150 Utilities $100 Equipment $100 Allocated expenses "Indirects" [1] a,.200 Total Cost of Revenue $11,300 GROSS MARGIN - $ $2,400 " " - % 18% Operating Expense - G &A General ( "Indirect ") [2] $250 " Contractual services $150 Admin ( "indirect ") [3] $150 Total 550 Operating Income $1,850 % 14% Other income /(expense) Interest on Reserves (earned) $50 Interest on Debt (paid) [4] ($150) PILOT payment 6L501 Sub tot ($850) M 41 Net Income $1,000 % of Revenue 7% Notes: [ 1 ] Engineering, highway, road machinery, building maintenance, cost of benefits [2] Revenue Dept, Assessor, MIS [3] Selectmen, Town mngr, Controller [4] Interest paid on debt is an expense 41 Format W &S Op State vs FY04 Rate Seting Budget FY 04 FY 04 Budget Rate Setting Budget ** Revenue $( 000) $( 000) Residential $7,720 Data from Interim Report 9/13/04 " - "Irrigation" $1,000 Table 5.2, page 22 Less Credits ( "Abatements ") ($800) Net Residential $7,920 Industrial /Commercial/ $2,200 Public $1,400 Municipal $60 Hanscom $1,000 VA Hospital $200 Bedford $720 Sub tot - Rev from users $13,500 State Rate Relief $50 $49 "Reserve Withdrawal" (rate relief) $475 "Reserve Withdrawal (rate relief) Bedford "Fixed" $50 $43 Bedford "Fixed" Misc. other revenue $100 $92 Penalties, Interest, meter chg., Misc $659 "Subtotal Other" Total revenue $13,700 $14,151 "REVENUE REQUIRED FROM RATES" Cost of revenue MWRA charges $8,200 $8,106 MWRA charges Wages & OT $850 $806 Wages +OT +Other System Maint $700 $660 Listed as "Capital from Revenue" Supplies & materials $150 $148 Supplies & materials Utilities $100 $94 Utilities Equipment $100 $96 Equipment Allocated expenses "Indirects" [1] $1,200 $1,586 "Indirect Cost" $125 Contractual services $1,479 "Existing Debt - P &I" $960 "Depreciation" $0 "Reserve Deposits" $750 PILOT Total COR $11,300 $14,810 GRAND TOTAL COSTS GROSS MARGIN - $ $2,400 " " - % 18% Information on reserves 42 43 ($524) FY04 Reserve Deposits (Draw Down) Operating Expense - G &A $777 FY03 Reserve Deposits (Draw Down) ($1,300) Change: FY04 -FY03 General ( "Indirect ") [2] $250 Part pf allocated " Contractual services $150 Admin ( "indirect ") [3] $150 Part of allocated Total $550 Operating Income $1,850 " " - % 14% Other income /(expense) Interest on Reserves (earned) No data Interest on Debt (paid) ($120) Only interest PILOT payment 750 Sub tot ($870) Net Income $980 % of Revenue 7% Notes: [1] Engineering, highway, road machinery, building maintenance, benifits [2] Revenue Dept, Assessor, MIS (estimated amount) [3] Selectmen, Town mngr, Controller (estimated amount) [4] Interest paid on debt must be deducted from this (estimated amount) 43 Appendix C - Financial Impacts The Selectmen have options to transfer all or part of some components of the water and sewer fee to the property tax. Since the transfer would be dollar for dollar there would be no net change in revenue to the Town. The effect on individual customers would depend on their usage and on their property's assessment. To first order, an average residential user in an average assessed house will see little or no net change. The increase in the property tax will match the decrease in water and sewer fees. The residential tax rate, and the commercial, industrial, personal property (CIP) tax rate are both proportional to the tax levy that is required by the budget adopted by Town Meeting. The water and sewer block rates, and the irrigation rate, are proportional to the amount that must be raised from individual users (i.e., excluding Hanscom, the VA Hospital, and the Town of Bedford) in order to balance the EF budget. If the Town derived $1,000,000 less from the EF, and made it up by a $1,000,000 increase in the tax levy, then the respective rates would change by minus 8.2% and plus 1.2% respectively (using FY04 as an example). The total increase in property taxes for all single family properties would be $767,481. The total residential domestic and irrigation fees would decrease by $701,375. The net is a total increase of $66,106, but this is offset for eligible households by the deductibility of their portion of the $767,481. Assuming 9000 single family households, the average family that can itemize would see a net decrease in total outflow of $14 per year per $1,000,000 that is transferred from water and sewer fees to the property tax. In the maximum transfer case, all EF costs except the water and sewer product charges by the MWRA would be put on the tax levy. (The portion of the MWRA charge that is for debt service is eligible for transfer to the property tax.) This was about the situation before the EF was adopted. (The Committee has been unable to ascertain the exact situation that existed before the EF was adopted.) The maximum transfer would be about $8,000,000, saving the average single family household $112 per year. The total savings would be $112 times 9000, which is $1,008,000 per year. This is enough (at 4.5% interest for 20 years) to finance a bond of about $14 million dollars, almost enough to build two new elementary schools (assuming the state pays half of the total cost). Formal representations of the above material appear below: CIP_rate = Tax—levy * CIP factor / Total value Resid —rate = Tax—levy * ( 1 - CIP factor * CIP value / Total value) / Resid._value Tax rev = Resid rate * Resid. value + CIP rate * CIP value EF blk rev. = blk rate 1 * use —1 + blk rate 2 * use —2 + etc. The effect of a $1,000,000 transfer from fees to property taxes is: The CIP rate, and the Resid._rate, increase by a factor of: ($82,109,041 + $1,000,000 ) / $82,109,041 = 1.01218 The blk_rate_l, and the others, decrease by a factor of: ($12,233,728 - $1,000,000) / $12,233,728 = 0.91826 .. 6 Appendix D - FY06 rate illustration methodology Table D -1 below shows the budgets for FY04 (actual expended) and FY06 (requested) as in the Blue Book, and FY06 as recommended by the Committee (WSRSC). Table D -1 ELI FY04 Actual Water FY06 Requested Water FY06 WSRSC Water FY04 Actual Sewer FY06 Requested Sewer FY06 WSRSC Sewer Regular wages $444,214 $437,135 $437,135 $151,846 $172,649 $172,649 Other Compensation $8,150 $9,250 $9,250 $2,050 $2,850 $2,850 Overtime $111,724 $115,076 $115,076 $79,133 $50,000 $50,000 Contractual (PILOT) $500,000 $500,000 $333,500 $250,000 $250,000 $166,750 Contractual (Other) $170,858 $144,493 $144,493 $76,642 $88,739 $88,739 MWRA $3,205,847 $3,842,793 $3,842,793 $4,805,835 $5,324,581 $5,324,581 Utilities $8,640 $4,550 $4,550 $79,124 $102,000 $102,000 Supplies and Material $62,280 $87,571 $87,571 $17,148 $55,133 $55,133 Equipment $0 $75,856 $75,856 $0 $5,000 $5,000 Depreciation $486,915 $500,000 $0 $522,271 $525,000 $0 Long -Term Debt - Principal $190,396 $185,396 $185,396 $1,168,178 $240,000 $240,000 Long -Term Debt - Interest $51,025 $68,500 $68,500 $69,338 $35,951 $35,951 Sub -total $5,240,049 $5,970,620 $5,304,120 $7,221,565 $6,851,903 $6,243,653 Indirect Costs $837,128 $837,128 $837,128 $749,069 $749,069 $749,069 Total $6,077,177 $6,807,748 $6,141,248 $7,970,634 $7,600,972 $6,992,722 Penalties and Interest $14,755 $14,755 $14,755 $29,273 $29,273 $29,273 Misc. Dept. Revenue $11,100 $11,100 $11,100 $9,827 $9,827 $9,827 New Meter Charge $27,000 $27,000 $27,000 $0 $0 $0 Bedford Fixed $42,632 $42,632 $42,632 $0 $0 $0 Sewer Relief (state funded) $0 $0 $0 $49,000 $0 $0 Reserve Withdrawal $0 $0 $0 $475,000 $0 $0 Total of non -rate revenues $95,487 $95,487 $95,487 $563,100 $39,100 $39,100 0.0% 0.0% 0.0% 0.0% Rev. req'd from user charges $5,981,690 $6,712,261 $6,045,761 $7,407,534 $7,561,872 $6,953,622 Billed Monthly $2,012,792 $2,412,699 $2,412,699 $25,998 $28,804 $28,804 Billed Semi - annually $4,253,348 $4,299,562 $3,633,062 $7,192,062 $7,533,068 $6,924,818 Profit (Loss) UNAUDITED $284,450 ($46,214) $0 ($189,474) $11,405 $0 ELI Table D -2 below shows the calculation of the FY06 illustration rates, based on the Blue Book budget, and then after the expense reductions recommended by the Committee. Table D -2 .R FY06 Requested Water FY06 WSRSC Water FY06 Requested Sewer FY06 WSRSC Sewer Revenue req'd from user charges $6,712,261 $6,045,761 $7,561,872 $6,953,622 Billed Monthly (Bedford, etc.) $2,412,699 $2,412,699 $28,804 $28,804 Rev req from blocks, irrig & muni $4,299,562 $3,633,062 $7,533,068 $6,924,818 Use in the low block (ul) 644,506 644,506 616,912 616,912 Use in the middle block (um) 153,611 153,611 145,742 145,742 Use in the high block (uh) 220,502 220,502 200,316 200,316 Use for irrigation (ui) 175,361 175,361 0 0 Use by municipal users (ut) 45,283 45,283 38,831 38,831 Total usage (US) 1,239,263 1,239,263 1,001,801 1,001,801 Previous municipal rate (assumed) $1.10 $1.10 $1.83 $1.83 Municipal transition fraction (q) 0.25 0.25 0.25 0.25 Rev req from blocks, irrig & muni $4,299,562 $3,633,062 $7,533,068 $6,924,818 Retain: 1 = high rate OR -1 = low rate (see para. below) 1 (1) 1 (1) Usage (US) 1,239,263 1,239,263 1,001,801 1,001,801 Average rate (rave or rm) $3.47 $2.93 $7.52 $6.91 High rate (rh) OR Low rate (rl) $4.99 $2.20 $13.77 $5.13 Municipal rate (rt) $1.69 $1.56 $3.25 $3.10 CALCULATION rave * US $4,299,562 $3,633,062 $7,533,068 $6,924,818 rave * um ($532,946) ($450,331) ($1,095,911) ($1,007,422) rave * ut * q ($39,277) ($33,188) ($72,998) ($67,104) rh * (uh + ui) ($1,975,356) $0 ($2,758,351) $0 rl * ul $0 ($1,417,913) $0 ($3,164,759) prev_mun_ rate * ut * gcomp ($37,358) ($37,358) ($53,208) ($53,208) summation $1,714,625 $1,694,271 $3,552,600 $2,632,325 uh + ui OR ul 644,506 395,863 616,912 200,316 rl OR rh $2.66 $4.28 $5.76 $13.14 RATIOS rm/rl 1.30 1.33 1.31 1.35 rh/rm 1.44 1.46 1.83 1.90 CHECK THE RESULTS rl * ul $1,714,625 $1,417,913 $3,552,600 $3,164,759 rm * um $532,946 $450,331 $1,095,911 $1,007,422 rh * uh $1,100,305 $943,736 $2,758,351 $2,632,325 rh * ui $875,051 $750,535 $0 $0 rt * ut $76,635 $70,547 $126,206 $120,312 Total revenues $4,299,562 $3,633,062 $7,533,068 $6,924,818 .R The Municipal transition fraction (q) is how much the municipal rate should move towards reaching the average rate. In the first year, it should move 25% (0.25) of the way, as described in Section 1.2.2. The "qcomp" is one minus q (i.e., 0.75). The revenue required from the rates is the budget minus the non -rate revenue minus the revenue from the accounts that are billed monthly (Bedford, etc.). The requirement is either more than, OR less than, the previous year's requirement. The average rate is the requirement divided by the total usage. The calculation takes the required revenue (which is identical to the average rate times the total usage) and subtracts the revenues from the middle rate, the high (OR the low) rate, and from the municipal rate (represented by two parts which together equal the new municipal rate times the municipal use). The result is then divided by the low (OR high plus irrigation) usage, to produce the low (OR high) rate. The usages are from the Committee's analysis of a M1 NIS billing run on or about 28 July 2004. The non -rate revenues are taken from the Interim Report, and carried forward from FY04 on. The "Billed Monthly" revenues are from FY04, and increased by the percentage that the MWRA assessments increased. The municipal water rate for FY05 was assumed to be the same as the FY04 rate, and the sewer rate for FY05 was assumed to be 5% more than the FY04 rate (i.e., the percentage the sewer block rates increased). This methodology continuously flattens the rate (i.e., the low and high move towards the average) in successive years. At some point, when the rates are considered flat enough, then the rates thereafter would be increased (or decreased) in each block by the percentage that the required revenues changes. 47