03/24/2011 - Minutes m //-6
RECEIVED
JUN 1 6 2011
CITY RECORDER
Salt Lake City
Public Utilities Advisory Committee
Minutes
March 24,2011
The Public Utilities Advisory Committee meeting was held at 7:00 a.m. March 24, 2011 at 1530
South West Temple, Salt Lake City, Utah. Committee members present were Jan Striefel, Dick
Gaddis, Allen Orr, Dwight Butler, Dixie Huefner. Committee member Larry Myers was absent.
Salt Lake City Public Utilities employees present were Jeff Niermeyer, Tom Ward, Jim Lewis,
Bob Sperling, Florence Reynolds, Chuck Call, Dale Christensen, Larry Alserda and Zee Smith.
Also in attendance were Rusty Vetter, SLC Attorney's Office; Lehua Weaver, SLC Council
Office; Karen Nichols, HDR; Keith Larson and Mike Collins, Bowen Collins & Associates; John
Richardson, Carollo; and Mike Wilson, MWDSLS.
Approve Minutes of February 24, 2011
Committee member Dick Gaddis moved and Committee member Jan Striefel, seconded the
motion to approve the minutes of the February 24, 2011 meeting as amended. All members
present voted aye.
Financial Report — Jim Lewis
Mr. Jim Lewis briefed the Committee on the financial report for the period ending February 28,
2011. Mr. Lewis stated that all three funds are currently doing very well and are in a good
financial position at this time. Water sales are currently 2.2 percent ahead of last year thanks to
the extended fall season helping the situation. Mr. Lewis presented a slide showing water
delivered by month for the past eight years. The chart showed the increase in September and
October deliveries and a small drop in August. He stated that the winter season is almost over
and we do not expect any major changes in water deliveries until June of this year. He also
presented the water conservation chart for the current year. He stated that with the current wet
weather pattern he is predicting that water sales will be down thru May of this year.
The next slide presented was a comparison of revenue for all three funds versus budget. Mr.
Lewis stated that two of the funds are higher than last year due to rate increases in all the funds
on July 1, 2010. The Water Utility is currently $4.3 million higher than last year with
Stormwater at $1.4 million higher than last year. Sewer with the 4.5% rate increase on July 1st of
this year but is still below last year's sales by $53,000. This shows that the economy has not a
recovered yet with most of our large industrial customers reducing production and limiting the
amount of water used and discharged.
The next slide presented was a comparison of operating costs last year with the expected budget
amounts. Mr. Lewis stated that operating cost for the Water Utility is above last year by $1.7
million, which relates to the purchase of more water and higher prices from the Metropolitan
Water District. The Sewer is above last year by $688,000 and the Storm Water is just slightly
below last year by $31,000 as the Riparian Corridor project, which reviewed the three drainage
areas comes to a close. The Department has been doing a very good job of controlling
expenditures over the last couple of years.
The last slide presented listed the capital improvements for each of the funds compared to
budget. The Water Utility has expended over $6.7 million in capital improvements with $5.7
million encumbered at the end of February. The Sewer Utility has expended $7.6 million with
$12.3 million encumbered. The Storm Water Utility has expended $987,000 with $6.7 million
encumbered.
Budget Update- Jim Lewis
Mr. Jim Lewis briefed the Committee on the budget request for the year 2011-2012. The Budget
has been submitted to Mayor Becker and the Mayor has proposed some changes to the budget.
The Water Rate increased $0.50 per month for Watershed and Water Right purchase fund. This
will increase the fee to $1.50 per account and will generate an additional $500,000 per year for a
total of$1.5 million per year.
The Storm Water Rate Increased $0.25 per ERU (Equivalent Residential Unit)to pay for needed
Riparian Corridor Projects.
Northwest Oil Drain Projects:
Mr. Niermeyer requested to increase the projected budget from $1 million to $4.5 million with an
offset to sewer revenue of$3 million for cost reimbursement from participating agencies.
Mr. Niermeyer requested an increase in Fleet Costs—He requested to add funding for fleet costs
which were not anticipated at the time the budget was being prepared.
Water $40,000
Sewer $74,000
Storm $66,000
Legislative Update—Rusty Vetter
The following water bills have passed both houses and are now ready for the Governor's signature:
HB39 - Water Rights Amendments, by Rep J. Draxler which corrected a reference in the water
code. N
HB 247 Water Development Amendments, by Rep. Mike Noel tunes up the lending authority of ao
the Board of Drinking Water for its loan program. a.
HB420 - Water Quality Regulation Responsibility, by Rep. Julie Fisher. The bill creates a three
tiered process for review of TMDL inputs before the recommendations are presented to the EPA.
The bill has a delayed effective date to allow one more session to "tune up" the bill before it
becomes effective.
HB428 -Water Issues Task Force, by Rep. Patrick Painter. The Legislative Tasks Force will look
at a needed review of water financing and a long awaited attempt to create a separate corporate
code for water mutual companies.
SB10 - Local District Amendments, by Sen. Dennis Stowell provides a local district with the
ability to assess water shares for the revenue necessary to deal with an over appropriated aquifer.
SB20 - Management of Water Rights Amendments. Sen. Dennis Stowell provides a process to
apply for a water rights on flood water to recharge an over appropriated aquifer.
SB25- Share Certificates in Water Companies, by Sen. R. Okerlund provides a process to replace
lost, stolen or destroyed stock certificates in water companies.
SB26 - Water Law Modifications, by Sen. M. Dayton makes it optional to record a newly
certified water right.
SB102 -Temporary Water Shortage Emergency—Military Facilities, by Sen. R. Okerlund allows
military installations to have a priority in times of scarcity along with other culinary users.
SB108 - Joint Use of a Canal or Ditch, by Rep. Dennis Stowell clarifies the process that would
allow a non shareholder to utilize the infrastructure of a ditch or canal. A contract is required and
issues identified that ought to be resolved in the contract for the use of the ditch or canal.
SB111- Utilities—Underground Facilities & Pipelines, by Sen. Scott Jenkins provides a major
tune up for the blue stakes code. It was an agreed bill by the utilities community.
Water Bills that didn't make it.
HB438—Water Quality Modifications, by Rep. Bill Wright. The bill increases by 2 the number
of Agriculture members on the board of Water Quality. The increased numbers come from the
members at large that are generally environmentalists. The bill was circled on the Senate 2
Reading Calendar when the clock struck midnight. Part of the difficulty was that in order to give
Ag a bigger say, the bill was taking away input from other groups that had been on the board of
Water Quality since it was adopted. There is some indication that during the interim that a
detailed look will be taken about representation on all of the environmental boards. This issue is
a lot like reapportionment where it has long been the rule that it is easier to add then to takeaway
representation. Sometimes, not passing a bill sets the stage for a better approach for the next
session.
Good News, i.e. good bills now.
SB155 Political Subdivisions' Procurement Process for Construction Projects, by Sen. Ben
McAdams. This is a long awaited bill that will allow political subdivisions, including local
districts, to utilize the design/build process of procurement for public works projects larger than
$10 million. The bill has become a great example of local government cooperation to make the
procurement process work more efficiently. The bill passed on the afternoon of the last day and
the senate quickly concurred with the House amendments. Cr)
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HB 226 Local Government Fee Authority, by Rep. Wayne Harper. This bill slammed the door
shut on local districts utilizing fee authority. It was aimed at the police fee levied in Salt Lake
County. Since it brushed so broadly, the local government coalition was able to hold the bill up.
While it was on hold serious negotiations took place so that the Salt Lake County Sherriff's
Department could be funded.A lot of options were looked at including the authorization of a
local franchise tax. In the end, no good answers were developed, so HB 226 now provides for a
two year extension in funding while another hard look is taken for reasonable alternatives during
the interim. In the process of holding and negotiating, the Special Districts were able to amend
the bill in the Substitute and became a player in the process seeking resolution. The bill was bad
as introduced, but now it will pass as part of the negotiations of the impacted parties. The bill
passed early in the last week.
Bills that did not pass:
HB 97 Consolidation of the Department of Environmental Quality and the Department of
Natural Resources, by Rep. Wayne Harper. This was an attempt to combine these departments
without input of the "stake holders." (This means we weren't even talked too on this one, or
anybody else either.)At the hearing in the House Natural Resource Committee not one single
person showed up to speak in favor of the bill.
HB246 Repeal of Phosphorus Limit in Dishwashing Detergent by Rep. S. Sandstorm. The bill
attempted to repeal the residential ban on phosphorus in dishwashing soap adopted in 2008. It
failed on three different attempts to pass it out favorably from the Natural Resource Committee.
HB315 Accepting Federal Funds Amendments, by Rep. Ken Sumsion. This bill was an attempt
to increase state control over all local government budgets that had federal funds. The bill unified
all local governments in opposition and it only received 2 favorable votes at its committee
hearing this week.
165—Injection of Greenhouse Gases—to study the ownership and operation of subsurface pore
space for injection of greenhouse gases.
166— Interbasin Transfers—to study issues related to interbasin transfers of water.
169—Rainwater Harvesting— study whether to regulate the types of underground and above
ground storage containers that can be used when collecting rainwater.
171 —Reports to the Environmental Protection Agency—to study the process for reviewing Total
Maximum Daily Load reports before submission to the Environmental Protection Agency.
174 - Use of Canal or Ditch—to study whether to require a person to negotiate in good faith to
form a contact before using or enlarging another person's canal or ditch to convey water.
181- Pipeline Safety—to study improvements to state pipeline safety law.
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