[Music] okay good afternoon everyone welcome to the work session of the las cruces city council today is monday february 28th 2022. it's approximately 1 p.m before we begin if you please join me in the pledge of allegiance okay so jennifer martinez is going to introduce our pets of the week good afternoon mayor and council i am jennifer martinez with the city's communications office and today i have a cat and dog of the week to introduce you to i will begin with our cat of the week freya freya is a seven month old female short hair she is vocal and lets you know when she's around because she loves to meow for her attention for your attention she loves to get pet and cuddle in is almost always purring she's a very happy girl who is looking for a forever home and hopes it may be your home and then next we have our dog of the week rose is a three-year-old female who has spent too much time at the shelter she's patiently waiting for for her forever home she loves attention from caregivers but hopes to find a family to play and spend her life with if you can give rose or freya a home please contact the animal services center to make an appointment to visit with either of these girls the number is three eight two zero zero one eight and also remember you can visit with some of the shelter's pets this weekend at petsmart on saturday from 11 a.m to 2 p.m the address is 2200 east lowman avenue thank you mayor all right thank you jennifer and dr peraltas is going to give us our jobs of the week i believe we have oh there you are awesome thank you thank you thank you mr mayor members of the city council for this week's jobs of the week the city of las cruces is hiring a capital improvement program analyst and this position is paying between 26 and 92 to 38.38 depending of course on the experience and this closes on the 14th of march of 2022 we're also carrying a van driver loader and this is with max meets and this is paying 14 an hour and this is a temporary position that will be closing on the 24th of march of 2022. there's also a position available for el paso electric this is a rep services sorry rep customer service and this is paying between 15 46 an hour and it depends on the experiences coil and closes on march 24th of 2022 there's also a position available for culinary chef this is with the sonoran fair culinary this position is paying 20 an hour and it will be closing on march 19 of 2022 finally an entry-level field technician and this is an occupation electrical electronic engineering technicians with lasin the salary for this was not disclosed and the position will be closing the 23rd of march of 2022 as always for a full list of jobs internships volunteer opportunities visit employment.com or governmentjobs.com forward slash careers forward slash las cruces the contact information with our friends at the new mexico workforce connections is at 226 south alameda boulevard and the phone number is 524-6250 thank you mr mayor thank you dr payadis okay next we're going to have is the covet 19 refugee cover 19 slash refugee update so assistant city manager eric enriquez will be presenting good afternoon mayor and council eric enriquez assistant city manager to present the kovit 19 update happy to say that things are looking real good in donahana county and the city of las cruces state of new mexico everywhere as far as covet goes the numbers have gone down as far as positive case counts last week an average of less than 100 per day so very very good that coincided with our hospitals as well hospitals are doing very well seeing a decrease in in new patients and also starting to see the decrease in icu beds and covet patients as well so things are looking real good for our local hospitals donaian county vaccine vaccination progress the state is now doing weekly data compilation of the data on a weekly basis so it won't take place till tomorrow which now is every tuesday they'll be doing that due to the decrease in vaccinations and then just showing minimal results what i can tell you is we're still at 95 percent for adults in donand county with a single dose and 80 percent with those with two doses and those boosted we're close to 50 percent now as far as vaccination news goes uh the fema bus will be here on march 10th and 13th scheduled at young park and the new mexico department of health continues to offer vaccinations at their clinics but really turning it over now to pharmacies and local providers testing news we still have a lot of test kits available for the home test kits and we've publicized and you can go to find a test newmexico.org to find the sites here locally and in our county moving forward even though we know there's a lot of unknowns still the public health officials across the u.s are identifying some of the following as the future related to covet 19 turning over the routine testing and vaccinations to private health care providers and pharmacies create and improve new ppe and medical equipment refined plans for vaccinations for pods should they need or should a mass vaccination in the event that we have another strain or virus that take place uh with with that kind of news mayor i'm just here to tell you that this will be the last uh weekly update for us in the meantime hopefully it doesn't have to come back up but it will as needed and any asylum there's nothing to report at this time things are looking pretty steady and looking good thank you very good thank you eric we appreciate that okay so we have two items on the agenda first one being the natural gas rate review and delilah wash will lead that often so i know there's a few people here who like to speak so typically how we do it is we let staff make the presentation have council ask any questions of staff after they're done then i'll open it up to i believe there's three speakers and i know senator hamlin is here and i believe there's a couple others that may wish to speak and then you can take questions from council and then we'll open it up to everyone okay so delilah thank you mr mayor good afternoon mr mayor councillors delilah walsh i am the director of your utilities department today we're here to discuss the rate review and recommendations necessary to operate and maintain the safe and reliable natural gas system we provide today as you know it takes scores of men and women with complex and specialized skills to make sure that we are not only operational but highly effective in our service delivery to our citizens and ratepayers though the utility is an enterprise fund the council is ultimately responsible for providing these utility services and rate setting is part of those responsibilities so what is our natural gas rate review essentially we're determining that we have sufficient revenue available to maintain and operate our current natural gas system and what i mean by that is this rate review is not speculative toward growth or any other issues that may happen in the future the rate review only includes expenses necessary to maintain the system as it exists today and actually it's as it existed during the test year because today we all know that there are financial challenges and inflation as we go through the years something that we've included in this particular rate review is the addition of a decarbonization rider and that's a portion of a rate that'll be dedicated to these activities which is evaluating and implementing energy efficiency measures for residential structures we are bri identifying priority areas that are older parts and low income parts of the city where efficiency measures will actually decrease consumption of any energy source and we've also started partnering with el paso electric to upgrade gas and electric appliances to high efficiency appliances thus decreasing the amount of energy consumed and the reason i mention that is because when it comes to equity and making sure that we're addressing the income demands within our community efficiency is where we're going to find those savings so in other words it doesn't matter well it does matter but whatever form of energy that's being delivered to a home a business anywhere else the way we're going to save money is by decreasing consumption and that's with anything if you buy less plastics you decrease consumption you help the environment if you use less energy that decline in consumption is what helps save money also with the decarbonization rider it helps us as the utility to put in the first steps towards energy transition as we all know the the nation the state and even locally we're all very committed to decreasing our reliance on fossil fuels that's something that the utility is responsible for also and this decarbonization rider helps us get to those end goals on that note i want to share with you that we do have a climate action plan in that the city council has passed it sets goals for the city to lower our greenhouse gas emissions by 19 by 2030 and 73 by 2050 and you know i would like to commend the community as a whole as you know counselors in our climate action plan it does state that las cruces is one of the if not the lowest emitting community in our region for a population our size so we're already a low emissions area very much thanks to the fact that el paso does not burn coal in order to generate electricity but with that our council has also passed a very aggressive plan to reduce those emissions even more and so we're very much committed to that and part of that with the 2030 and 2050 goals i will tell you on behalf of the utility and this is just kudos that i'd like to share with my staff that for a department and i'm not talking about the end users the residents but as an operational department we've already lowered our own departmental emissions by 12 based on some of the the objectives and projects that we've implemented at the utility so in addition to doing that we also yielded operational savings and reduced the amount of emissions that our department was generating part of that climate action plan was a objective to create an energy transition plan the council reiterated that commitment in resolution 153 last year calling out for the utility to create an energy transition plan to transition and decarbonize our current use of natural gas so that is a 30-year plan that is not included with this rate review i just want to reiterate the rate review includes operation of our system as it exists today whatever happens with the energy transition plan i wish i knew what the solutions were because i would invest in those personally but we don't know what those answers are going to look like how we address equity in our community how we address the assets that we have in place how we address the use of natural gas or even the delivery systems there's a lot of questions that will be answered in that decarbonization plan but that is not considered in this rate review because what we're concerned about now is how do we operate the system as it is exists today safely and efficiently and so so that that is something we're working toward in the utility but it's not included with this process so obviously i'm here today to ask you for an increase in rates we haven't increased our rates in over 10 years as you know things go up in price if you look at inflation alone over the last 11 years it's over 25 percent inflation just in cost of goods for the entire united states so we do have to address that that increased demand and expense cost we the way rate reviews work is we only address the system as it exists and known and measurable increase so the first one is obviously salary and benefits we have the salary benefit increases mandated by the city of las cruces so i very much appreciate the the fact that we're not speculating toward more employees we're not speculating at different salary expenses we're taking what we know to exist which is within the city of las cruces pay policy our so this rate review even though we did this with the fy 21 test year i want you to know it's already not sufficient because we're going into fy 23 with increased salaries and benefits thank you very much to the council and to the city manager i very much as an employee and as a department head appreciate your efforts to push our salaries to a competitive level and make sure our employees have that fair and competitive wage but to do that we also have to recover it from our rates unfortunately those costs are not included with this assumption because our test year was in 2021. this increase in rates what we're asking to cover are equipment and vehicle purchases i can tell you now when you looked at our fy 21 test year boy we looked healthy as a natural gas utility our fund balances were great everything was wonderful what we were doing is holding on to our cash a little bit in the gas utility if you look at our system we're a joint utility system we have gas water waste water solid waste the cash we were holding on to in the gas utility was supporting the high bond rating we were getting for the other utilities because our water rates were not sufficient our waste water rates were not sufficient even our solid waste rates were falling behind we've gone through those reviews and we're finally seeing our revenues becoming sufficient in those other utilities so we were able to stop deferring maintenance of our system and invest back into that infrastructure even though the rate review includes equipment purchases i can tell you for fiscal year 23 when you see our budget it's based on today's known revenues not in anticipation of any rate increases because of that i've eliminated pretty much all the equipment purchases scheduled for natural gas for fy23 because we don't have the money anymore the fund balances aren't there anymore as we approach fy23 i've also reduced their operational expenses rather significantly to ensure that we stay in line with current revenues so even though the rate review includes anticipated equipment purchases i can tell you when you look at fy23 i think i only allowed him a hundred thousand dollars to replace some aging vehicles so you'll see that in the budget coming up but again that's why we do a rate review so to that end if the increase is not approved we will still meet the salary and benefit increases mandated by the city that's not something we'll take back but in order to do so i will have to cut operation and maintenance expenses even more i can tell you the deputy director for natural gas is probably already pretty mad at me because i cut his budget so significantly for next year though he's handling it very well and his staff is great we would continue to defer any vehicle or equipment replacements um one piece of equipment is simply for replacing detecting leaks within your line system and replacing those pipes i can't buy it we're not going to next year and he'll have to wait even longer if we defer our rates addition to that we will stop all capital infrastructure and repair projects or not stop them but defer them that means we're going to have to take the most critical lines and those are the only things we can work on any lack of sufficient revenues does impact the safety of the system as you know we are highly regulated on the federal side for gas safety there's not a person in this room in my department in our board or with our counselors who wants to be responsible for neglecting a system that can be so impactful should something go wrong and i don't want to say anything negative or too extreme but this is something that is dangerous that we need to protect it's why we have specialists it's why we do so much work on leak detection it's why we schedule repair for our system is because putting that energy through the ground is a highly safety sensitive object and it's not something that we any of us can afford to neglect so i want to go a little bit through the actual rate making process essentially what happens is the lcu board hears from staff we tell them mr board member we're already starting to see that we're eating into our fund balances we've already identified that we have issues in our leak system or in our line protection system that we need to address in order to ensure safety we know there are projects out there where pressure is not sufficient when we had the arctic freeze in 2011 i believe we actually had one area of town that went down and we had to go back and relight furnaces and that's not something you want to happen in an emergency the rest of the city was fine our recent freeze that we had last month we actually saw we lost a couple of customers in the kai not the sonoma area because the pressure was too low and that can be dangerous for them too so the project we were doing at kaya heat this was to increase the pressure to those those areas so those are those are all identified and we know we have to take care of them so staff tells the lcu board board revenues are not sufficient we're looking three four years into the future we're not going to have enough money we need to do a rate review and consider is our rate sufficient for our operations we contracted with new gen they pre created a preliminary report and i do have representatives from nugen with us here today if you need to get into the more technical details they can answer that for you once the preliminary report is ready we go to a ucad process that's our utilities customer advisory group it's part of our rate review process that ucag has a series of public input sessions so this year due to covid we had a hybrid of sessions we had some in-person sessions we had some zoom sessions and we encouraged email input and feedback it's part of that huge 180 page packet that we sent to you you can actually see the customer comments obviously nobody wants a rate increase i don't as a end user i don't want any rate increase as a department head i understand the necessity of it but that process allows our citizens to give us their input and what they think about the report proposal so what's really interesting and i think it actually quite legitimized this process is after the public hearing and the ucas recommendations that went to the lcu board our lcu board actually made changes to our original rate review and preliminary report and what i mean by that is in past i think past iterations of our rate process it was like a quasi-judicial rate case process similar to what the prc uses so essentially for the public to have input you had to hire your attorney or represent yourself in that case in order to oops i'm sorry in order to have your comments heard sorry i'm my kids always make fun of me i talk with my hands but you actually had to go through that judicial process in order to make your comments this way through the ucag you simply submitted your public input and that was shared and discussed among the committee as well as with our staff so the ucad brings its recommendations to the lcu board the lcu board held two work sessions to discuss the public input to discuss comments from the green chamber of commerce to discuss public input that came through at their bill at their level and they make a final recommendation to you so part of what our lcu board did was say number one we're listening on the way the utility operates with extension of gas lines and so part of that recommendation is when we went through the preliminary report we removed all gas line extensions that would expand the system and so that was taken out based on the lcu board's recommendation in addition to that we heard from the green chamber and other public commenters about the fact that we're jumping rates so much and so significantly particularly in in the business class so the board in response to that said well then we're going to not make this a 30 jump in year one we're going to give you a three year time period to make that jump gradual so i want you to keep in mind remember we're already 11 years behind inflation from the test year after the test year we're going to be another two years behind when we start the new fiscal year by the time this is implemented so now we're going to be about 13 years behind inflation and then we still didn't include additional costs that we recognized in fy23 such as increased salaries and benefit expenses so the board's response to that was to give us a 10 increase so even then we're still going to be a little bit behind the eight ball as that phased implementation occurs because we're not going to get the full 100 implementation in the first year of new rates it's going to take us three years to get there in addition to that the lcu board was also very receptive when they listened to the public feedback regarding impacts of covid and businesses in our economy trying to recover from that and said in that case they're recommending to you that we not if you approve new rates to protect the system that we not implement those rates until after the economic recovery surcharge has been fully recovered and what that is that's the surcharge we're charging per deca therm in order to recover the exorbitant costs of gas that we experience during winter storm uri so thank you very much to my staff and to our attorneys who did an incredible amount of hard work to negotiate a lot of that yuri expense so our recovery period we were looking at a three year period will be done by this summer so we're hoping by june july august we'll be done with the surcharge and the lcu board thus recommended we hold off on any rate increases until we've completely recovered those funds i do want to remind you when it comes to the ecrs we do not continue that into perpetuity the way it works is the minute all that money is recovered and we've recognized that it stops immediately we don't keep charging that to our customers in hopes to build up some sort of secret fund or anything to that effect once the money's recovered we're done so then once it goes through the lcu board we get a final report and that's the recommendation we're giving to you today we bring that recommendation to you to council council discusses it lets us know what your questions or concerns are and then you direct us if we bring it forward for future action so your options can be we want to send it back to the lcu board for some tweaks or adjustments or we're going to move it forward into a resolution in order to implement the rates and again like i said this is part of your process as running the utility to set those rates so the adjustments we're proposing to you today i want to tell you first we're only one of about a thousand municipally owned natural gas utilities they're very rare in the united states most utilities that work in energy are private non-profit or investor-owned utilities meaning they're there to make money off their citizens that's not our goal as a municipal owned utility our goal is maintenance of the system safety reliability and most of all affordable energy to our customers we're not here to to make a profit if uh if we were to let's say for example i can't even think of a situation where we would actually make a profit but but for example if our our revenue estimates were very low and suddenly we had an excess amount of revenue none of that benefits the city or the utilities department or myself or anybody else any of that would go back into the system itself and it would be considered in the next iterations of rate review process but again we're behind the eight ball when it comes to dealing with the last 11 years of inflation plus the next two years that we've missed out on in the next three years it'll take us to implement so i can't imagine a scenario wherein that would happen but there's no individual or department that just benefits we're not going to suddenly buy uh gold carrot uh gold-plated work boots which doesn't make sense with natural gas anyway but that's not what happens in here we're still responsible for the efficiencies and the responsible use of our ratepayer and taxpayer funds our goal is to maintain the systems resilience and reliability for our new councillors i would like to let you know that of those thousand municipalities there are four in the nation that receive safety awards at the silver level we're one of those award recipients because we do have a safe system we were a bronze level winner we're now a civil silver level winner i can be honest with you the only reason we're not at gold is we don't have enough money and that's because they expect you to hire a lot more staff provide more training have a lot more uh resources dedicated to that system and quite frankly we just don't have it and even if we were trying to get the gold award resource wise there's no way we can we just don't have enough money to make that absolutely super excellent gold level but you do have a civil silver level utility when it comes to safety in addition to that you're here to maintain the excellent service that we provide for our customers and then enable the gas utility to fill its peak performance strategies and a lot of those strategies have to do with safety it's ensuring the pressures are there ensuring that we're doing the right maintenance that we're doing the right safety surveys that we're constantly taking care of that system i want to emphasize as counselors and even our lcu board we can't neglect the fact that the cost of doing business simply goes up over the last 11 12 13 years and ultimately at the end of the day when we look at our natural gas system it's your responsibility to say yes we gave you the resources necessary in order to do your jobs so regarding the rate proposal when we look at our revenue requirement that means how much revenue does the city of las cruces natural gas system need in order to meet its operations its principle and its cash for capital so the revenue at current rates we found there was a deficiency of 1.46 million per year so that means that we have to add 1.46 million to our revenues as soon as possible to meet our anticipated operational obligations the big one is cash for capital projects or another that's 1.92 million as i mentioned to you we need the money there there are no they're very very little capital projects i believe i have for next year on the cip i want to say and i apologize because i'm doing it off the top of my head i don't have joe with me and he usually he can spit those out but we're rolling over 1.5 million for projects that are currently in process and i'm pretty sure i don't have anything else scheduled for capital projects for next year i'll have to double check we may have one in emergency areas but i had to cut all that out because the money's not there the fund balance isn't there and the revenue is not there for your information i wanted to break out how does the rate work what what is where is the money going the blue bar is the biggest bar obviously that's personnel when you're looking at this chunk of blue bar and how much it's increased since the fy 19 actuals and 20 actuals into the test year 21 that blue bar is the def fy 21 test year actuals it is not the fy 23 actuals which now includes our new paid grades and our pay amounts and that also includes our benefits like insurance benefits and things the city provides for employees the orange bar is repairs maintenance you can see how much i've had to cut back on repairs and maintenance in order to meet the other demands the gray is other operating expenses that's staying pretty fixed and it's staying pretty fixed for fy 23. it's actually declined a little bit and then the last is shared services so that's the amount of money per decatherm that goes to shared services to operate the utility so those are things like our administrative services our billing services our customer service area our new connections our meter mechanics our field services people my office and of that yellow bar half of it's going to the city or not quite half all i'm exaggerating it's it's less than half but a significant amount is going to the city's general fund because that state pays for the the city's administrative services that are provided to the department so those things are like hr i.t [Music] i won't say facilities maintenance because we take care of our own but there are several administrative services that we pay for engineering services when we work in conjunction with public works to lay lines when they tear up roads so that's the breakdown of that per deca therm or that revenue that's coming in the next one is equipment again this is the test year we uh we estimated that we would need a million dollars per year for equipment and that's pretty on standard for us i can tell you for next year it's not there i don't i don't have the fun balance for it but this is the funding that we need to replace vehicles and equipment so again we're not speculating that i have to buy a gigantic backhoe in anticipation that we may lay a major line that's not how it works it is what equipment do you have today what equipment is aging out what do you need to have replaced and what do you what do you know you're going to need so this goes back to the known and measurable changes i can't speculate when it comes to a rate review now this is the big question and as a city councilor and as a an official of the city this is what you want to know is how are our bills going to be impacted per rate class so we use a 250 2.50 per deca them cost of gas and the decarbonization charge of 15 cents per decar so when i add that in that 15 cents per deca decatherm that's our decarbonization rider that we'd like to use for future decarbonization projects for the natural gas system so if you look at this on per rate class we have our residential on the left and our small commercial on the right so residents your current average monthly bill for natural gas again this is average it's not the winter bill it's not the summer bill this is your average bill based on our deca terms of usage is going to go from 26.87 a month to 28 so that's the jump after three years it's going to be very gradual in that three year process but at the end of the year the year three you'll see an average bill increase to 28.13 what's important about this is you'll see the fact that our residents are not as impacted with the rate suggestion increase versus something like small commercial and what i mean by that and when you look on the right our bill impact over three years the average bill of a small commercial customer in the city of las cruces utility system for natural gas is about 75 a month over three years that average monthly bill will increase to a hundred dollars again this was the recommendation of our board to do the three-year phase-in in order to prevent that large jump in just one year for the customer and it will grow to that you may ask why do you see a bigger impact to small commercial versus that to residential so that's twofold first of all think about how we grow in the city of las cruces we're getting more residential customers every year i think larry shared with you last year we had 900 certificates of occupancy uh added to the city new homes we didn't have 900 small businesses come on to that system so when you look at the fact that the economies of scale meaning the cost of running one big line down delray boulevard to serve and i'm making up names don't i'm not this is not a project i'm just giving you examples if i were to run a big line down a road and 200 customers hook up that cost of that big line is shared by 200 customers if i have to run a big line to serve one restaurant or one hospital and it's not shared with anybody else that economies of scale means that commercial customer is going to absorb more of the costs so when you look at our population growth we see large residential growth over the last 10 years we have not seen large small business growth so the way we do our rate setting is our consultant goes in and calculates what's the cost of service delivery for this rate class service delivery cost to residential is easy it's one line maybe we needed a reg station to lower the pressures to get it there it's a few yellow pipes in the ground and it's easy peasy easy to do inexpensive and the economies of scale is different when it comes to a small commercial or large commercial it takes a lot more it takes a bigger meter it takes a bigger line it takes bigger maintenance and so that's how we break it down during rate classes in the past when we did this quasi-judicial process my understanding and again this is just my understanding was we just came to a settlement agreement saying you know by time the protesters come in or the protestants and everybody has their opinion on all the attorneys file their their thoughts on what everything should be we just come to a settlement small commercial is going to be x residential is going to be y large industrial is going to be z and that's it we've taken that to actually reflect the expenses of maintaining the system per rate class we saw this with water and wastewater it was a it was a big change we're seeing it now for natural gas but what's nice is moving forward this is going to be our rate setting process and we're actually allocating the expense of delivering that service to the appropriate rate class so this is the option that our board has recommended to you is if you look at our residential rate first our access charge did not change because again remember it's very inexpensive to actually access the natural gas system when it comes to a house and you're sharing that in much a much much bigger user class so the access charge would remain the same the volume charge oh i'm sorry i apologize that's a different rate class the access charge would go up to 1450 by year three so every single customer who has a natural gas connection will automatic automatically pay 14.50 every single month just to access the system and so right now it's at 13.75 and over a three year period that new access charge would be 14.50 it's our volume charge that didn't change the per decade therm charge that did not change for residential and again it goes back to that economies of scale and the the number of individuals in that user class you also want to keep in mind when it comes to this kind of rate customers for whom we provide our services we build our system to cover them in their peak demand areas so in other words me as a natural gas customer i think my bill is just the access charge maybe a buck or two every month in july but in december i've got six people living in my house who are always cold and so my charge is much higher in the winter so as a user i demand way more in the winter than i do in the summer but you as a utility provider have to provide me at that demand level so whatever i need for the winter you have to build your system to provide me at that level in addition to the implementation of the access charge changes to residential we'll also phase in the decarbonization rider so it'll be 5 cents in the first year 10 cents and 2 and 15 cents in year three so this is what your residential bill would look like in the new rate i'm sorry this is what your bill looks like compared to other providers so currently in residential we're proposing the access charge and volume charge at residential and you'll see the breakdown there in our current as well as proposed when you look at new mexico gas company they push more of their rate onto the per deca therm usage and so they they push more of their costs there but they're still at a higher rate than we are when you consider all the factors zia gas is our neighboring gas utility they service a lot outside of the county and in surrounding areas we actually deliver gas to zia gas so they can deliver it to their customers but when you look at their per their average uh residential bill they're still higher than we will be so even at our proposed rate we still stay under new mexico gas company and zea gas new mexico gas is the largest gas company in new mexico they serve primarily up north in the albuquerque area but we did want to give you a comparison because that's always a question how do you compare it to other utilities that are in our area and so we are lower when it comes to the per deca therm charge our next rate class is the small commercial rate and that one again we increased the access charge from 1641 with the three year implementation phase in and it would end at a 1750 per month access charge so again every business that is on this rate class their monthly bill will include for their gas connections 17 dollars and 50 cents this is where we saw a big change in the volume charge jumping from a dollar seven in the current rate to two dollars and 38 cents so what that told us was all the rest of the rate classes were subsidizing the small commercial class so you'll notice there was no change in the residential rate because once you take that subsidy away and small business has to pay for itself we didn't see a need for changing the residential rate um again the decarbonization would be phased in over three periods the next one is the large commercial rate again we see a big not a big jump but a jump in the access charge and it goes from 214 to 230 dollars per month again monthly bill will be 230 dollars and that would come in after year three here the volume charge we saw a jump not a huge jump but a jump in order to recapture the costs of what it costs to deliver gas to that service so again this tells me as a director the residential per deca therm charge was supporting our commercial charges so while we do this adjustment we can give relief to the residential charge your residents are paying less per deca therm and now the businesses are paying for what it costs to actually get the services and again the decarbonization rider is a three year phase-in so we just took a a random you know how many average dekatherms is a small commercial business what how would that impact their bill and then how do we compare with other utilities we did the same thing you see how much lower we are in las cruces on our current rates at 194.74 a month versus the proposed it would jump for 414 dollars i do want to remind you though this is after year three we're not going to jump from a 200 bill to a 400 bill in one year this will be after a three year phase-in and you'll see that new mexico gas company again one of the largest in the state and zia gas would be more expensive new mexico gas is lower but they have a much much larger commercial backbone than we do think about the city of albuquerque and how many more businesses are there demanding natural gas versus the city of las cruces so we do kind of expect that they'll have a less demand charge because they have more users hooking up into that infrastructure in that line one question that came up during our public comments and during our board meeting was what do we do to ensure as we're implementing new rates as we're taking care of the system how do we address customers who simply can't afford it on that end we do have utility payment assistance funds so as a rate reviewer we don't look at every customer saying well you have a lower income or you have a higher income or this area is wealthier than another area we don't look at that we look at how much does it cost to get this service to the flame how much does it take for us to deliver that service to the flame and that's all it is it's very blind and it doesn't think about those questions so in order to address that what we do have in the council several years ago implemented this was having utility payment assistance funds that we administer through casa de peregrinos so you guys give us about 150 000 a year you gave us more at the last uh budget adjustment because when we started shut offs again we had a huge demand for that assistance and the council was incredibly generous to say we're not going to let people shut off we're going to keep helping until we get through this this period so with that um just in fy 21 which was our test year we helped 11 085 customers and 47 commercial customers in fy 21 we also do promise to pay which are two-week billing extensions so this could be something like my uh alternator went out and i have to make that replacement it's my only vehicle but i'm going to get paid again in two weeks what can i do and we did work with 7 800 customers on those promise to pay agreements and then we have payment plans too so our customers can come in and i have one customer for example her gas bill went up eighty dollars and it was economically difficult for her to meet that the rest of the system can't support that one individual's inability to pay but the city can and we do that through a payment plan so we've what she's done is now she just pays an extra ten dollars every month on all her subsequent bills until she catches up on that eighty dollar big bill that she had and so that's something that we do with our customers so we're not having the system subsidize that individual we're working with them to make sure that they're able to meet the needs and obligations of not only their bills but economically with the decisions they have to make and like i said the council has been very generous in helping us achieve this and so by working with casa de peregrinos we qualify the individuals we know who uses it i can tell you this is not a repeat customer deal we don't see the same people over and over and over and over again asking for help it's usually just a one-time and you know how it is i'm sure i know when i was in college if something happened it felt like it was going to destroy us financially you know we we would just eat yogurt and ramen for three weeks until we could get through that crisis because to my 19 year old self living on my own an extra 300 bill was an economic crisis for me and so we want to work with our customers but it's interesting they're not repeat customers of our 40 000 customers that work with a utility it's a handful of individuals and they come to us and we can help in addition to that we have our liheap assistance program this is a federal and state program in fy 21 we had 992 individuals qualify for that program and this helps pay their energy bills which includes natural gas we also have our budget payment plans we have about 274 dollars so for those customers who need to normalize their monthly expenses for me it's not a big deal now if i have a 75 gas bill versus a 200 gas bill i can absorb that into my budget but for other individuals i need to have a normal monthly expectation and monthly payments so we do have those payment plans available and then we also have preferred payment dates and this means the customer can actually select when their payment date is i remember my husband got paid once a month that was rough for us to be ready to be paid once a month and having a preferred date to hit after your paycheck is incredibly helpful we're also exploring a new program to fund assistance through voluntary contributions to customers so in other words if i want to pay a little bit more on my bill to contribute to a a needs based program we can roll out that option to our customers so that's something we're exploring i don't want to get too much into it because we haven't looked at the technical details and what you can do and how we have to comply with anti-donation and those kind of questions but these are things that we've been looking into that other utilities do so just as an impact or recap based on the fy 21 test year not the fy23 fy21 test year i can tell you we're short about 1.46 million dollars a year in revenue and that shortage can impact the safety of our system and the safety and efficiency we guarantee to our customers the rate review addresses immediate costs of maintaining the existing system as it exists today to keep it reliable and safe for our customers so the next steps as i mentioned to you earlier the lcu board has recommended the the rate increase we proposed today in the charts that i've shown you they recommended the three-year phase-in period in order to deal with the shock that may happen to the commercial class in the small commercial class they also recommended that we not implement new rates and so if you do approve a resolution moving forward then our commodity recovery surcharge once it's complete sometime around july or august that's when it will kick in then we will bring a formal resolution on which the council will vote that's it for me and i stand for any questions thank you delilah see if you have any questions i have a quick one on page 12. okay so this gas rate proposal i see where you have the revenue requirement so is this an annual amount correct okay and do you you know how the city has um we have reserves set aside for what you know two months two to three months does does your department do that as well mr mayor yes we do we we have reserves in our funds i can tell you for gas those reserves are pretty low right now we're not even meeting the uh requirement that our board has recommended which is oh i want to say it's it's it's a weird number it's like 3 16 or something like that it's it's an odd number but it was um 6.85 percent is what it worked out to in reserves i i mean is it like two months reserved three months reserved it's about two months reserve i'm sorry two months two months yep but we're we've in the gas utility i've not been able to meet reserves for fy23 so there is a there is a a suggested reserve in the gas utility yes and do you know what that is i'll have to look it up i'm sorry same maybe two months i'm sorry it's uh the recommended is not on here i think it's 6.35 for fy23 i anticipate it'll be 1.84 so essentially be a few hundred thousand in reserves so does that maybe equate to one month two months i mean i guess like maybe that's helped me cover payroll for a month okay so now that's just for gas that's not your overall correct but what your your budget probably um is quite large what is the total i think it's 115 million 115 million so what percentage of does gas represent of that 115 million approximately it is 30 i want to say 37 and we go by customer size so gas is the largest portion of that and i had a pie chart i just looked at yesterday but i'm sorry i don't have a very eidetic memory but i'm pretty sure it's close to 37 i know it's more than the rest of the utilities but as for your overall budget for the the entire utilities you do have the two months of reserve yes yes because we operate as a joint utility correct so theoretically if this was to go down you i mean because this is part of your overall budget so in essence you you kind of do have reserves for this no and the reason i say no mr mayor is because i can't charge water customers to pay for gas customers okay i understand that but but you do have a reserve though for the whole thing for your whole you know your entire utilities department right mr mayor that's correct but it is broken down to the money that actually belongs to that individual utility so for example for yuri the gas department borrowed over a million dollars from solid waste in order to pay that bill because they didn't have enough cash on hand to do it okay and i think what you were asking about just general maintenance and and upkeep i mean that that's that's normal i mean that's a responsible thing to do so you're you're assuring the council that there are no additional expansion of lines of any sort that's correct and you'll see that in our cip when it comes to council for our budget for fy23 okay all right um i'll let council if there's any other questions and then um we'll let the other others that wish to speak so mayor putim and then there's so many others um counselor i mean when i looked there was no lights so okay all right so thank you mayor and thank you mayor pro tem for for uh rationing out some speaking time i appreciate that uh thank you to director walsh uh for this for this uh i know it's hard to make information that's technical palatable to folks like me so i appreciate the effort um my primary question can we return to slide 20 please i suspect okay so i suspect that part of the answer is here but i need a little more clarity um can you explain to me the difference between small commercial versus large commercial and the final bullet point there looks like it refers to deca therm use is that what dictates what class the customer falls into thank you mr mayor councillor graham um yes so it's decretherm use but more primarily meter and line size so what it takes to if i were to run the heater in my house all day long summer winter whatnot my deckathorm use would obviously be artificially inflated so it's more based on the meter size and the line size to deliver the peak demand to that customer and as far as small commercial and large commercial grant can i ask you to answer that question i know you and joe worked more closely with it and i'm missing my job today yeah thank you very much i appreciate it grant raven with nugent strategies and solutions we assisted the city staff in this um this study um so the their the zero to four thousand deca therms per year it's an annual number is how the small commercial classes defined there are some other parameters around the definition of the class that that expand beyond that but that that's a general rule for this defining small commercial class it may be worth noting that small commercial for a new mexico gas company is a much larger group of customers in other words you can consume a substantially more volume of gas and still be considered small commercial for a new mexico gas company than for the city of of las cruces which some somewhat explains the the bill comparisons here that you're seeing on your screen it also just for context if you're comparing this slide to a couple of slides before you may notice that the average bill numbers seem different this slide for comparing against other utilities specifically is just looking at the axis charge and the volume charge the base bill components it doesn't include for example the cost of gas because the cost of the gas commodity itself can vary between these zia new mexico us so to take that out of the comparison we're just comparing the base bill components so thank you um and to make it even easier for me to understand uh director walsh this might be you i'm not sure sir if you're local or not to us when i hear small commercial i'm picturing beck's beck's coffee they would be small commercial but how big can you be can you give me a give me a comparison that i'll understand mr mayor uh councillor graham absolutely and that that is most of our businesses in the city of las cruces i would say about 99 of them will fall in the small commercial class the large commercial would be like a hospital or a i think a large motel maybe or hotel a really large facility we have industrial users too um like nmsu solar pack uh the cheese plant saputo not solopex pudo at the cheese plant but um most of our businesses are the small commercial class okay so when i'm considering the impact on small commercial becks and walmart are going to be in the same commercial class and i'll apologize i'm not familiar with whether or not walmart is what they're using for heating for example heating uh the facility so i can't speak to walmart in particular i don't know how large the gas usually they are but but generally speaking most of your commercial businesses will be small enough to still be in this considered the small commercial class is a relatively small proportion of your overall commit uh commercial customer class that is large enough to be using more than four thousand uh deck of therms annually uh on the system okay and if i knew if i knew of a particular customer i'm trying i'm asking you to be an expert on walmart but i think i'm just trying to conceive of and i understand this is probably more of a gut reaction asking a really small single owner to to bear the same sort of burden as a you know a national franchise just trying to scope it out in my head absolutely mayor councillor graham again that's when we start working partnerships for efficiency of efforts you know if you are a small business owner come talk to us uh i'll give kudos to lucio i think he's out here now he's our deputy director there he is wave your hand lucio he's actually just met with three homeowners who are considered in a very low-income area low-income homeowners in a older part of the town and just did an efficiency survey with them for free to say these are the recommendations you can seal up your envelope you can replace your appliances what can we do to help you with that he's actually kicked off a pilot program so we can try that that same service is existent for our small businesses too if they'd like to sit with us and talk about an energy audit and how to best make them more efficient that's where we're going to see the savings because the less deck of them you use the less you're going to pay okay thank you that's that's the end of my questions for now thank you mayor thank you councillor quran thank you thank you sorry actually that was somewhat related to the question that i wanted to ask um in terms of reducing use but i wonder if there's also um the possibility of something like small business assistance or support very similar to what exists for for individual residential customers in this transition because it is i am particularly sensitive to the fact that inflation has affected everyone and especially small businesses and this is sort of an extra hit they survived the pandemic and now they're going to have to face something like this and and i know that in some cases doing things like cooking with something other than gas would really not necessarily be a feasible option for them um i'm wondering if there is a posit like i i understand an efficiency on it and those types of efforts but i also wonder if there are sort of um similar overtures for for people in that class to to be able to address their sort of heating bills and or their gas bills and in ways that are not so dramatically impacting them as as this seems like it would um just by this so absolutely mr mayor a counselor quran that's an absolutely valid point and obviously as a utility i'm very open to any programs that the city council would like to put forth or we can work with community development on that i will let you know our assistance program traditionally has only been open to residents however during covet 19 you authorized that to be open to businesses also so it's not unheard of it's simply a matter of funding it or determining do we split those funds between residents and commercial which we can do and that's absolutely something that we can and have done due to the pandemic and in addition to that and that's one of the reasons we're so far behind on the rate class we actually paused this during the biggest surges of covid because we knew businesses were already suffering we saw it when we were trying to help them with utility assistance and so that's why we're actually two years behind where we want to be on bringing this recommendation forth thank you i appreciate it and i really appreciate your presentation thank you thank you mayor pro tem thank you mayor thank you delilah for your presentation um i always get so much out of it when you when you present um so some of my questions are around employees because you said operationally right this is where some of the money needs to go so i have questions about what what currently how many employees do you have how many vacancies do you have what will in the next three years will you try to do related to filling those vacancies and lucio i may call you up to speak to your department numbers on vacancies if you want mine stepping forth um i can tell you again i i wish i'd printed that out i just looked at it on sunday i believe we have 56 employees 57 i was so close let's see if we could just address the number of employees yes good afternoon mayor council uh in the gas utility we have you might want to introduce yourself lucio garcia deputy director for the city of las cruces natural gas how are you it's been a long time it's doing well thank you in our guest utility we have 57 ftes full-time employees we currently have three contract employees and we employ eight temporary employees so a total of 68. six eight employees that are on the ground currently on the ground okay and then how many bacon of those we have six of the ftes that are vacant that just only six vacancies wow okay all right that's helpful so then would most of the money if you got this raised if we raise the utility rate be for not only doing that but equipment and vehicles and what would that look like in terms of within the next three years those vehicles that because you made you made a comment delilah like it's just like oh we're not this would be really nice to have we don't really need it it's mostly what we are in need of correct and so when it comes to employees at one point we actually had 15 vacancies in the gas utility and lucio's work really well with our hr department to make sure we get those full because they're again they're highly specialized positions correct it's one of the hardest position groups to hire for because you have to be a licensed plumber or you have to be a very highly certified welder it's a dangerous system that we work with but what we do is when we have vacancies as lucio mentioned we have temporary employees we also have to contract with polymers so no matter what we're going to realize that expense in order to keep the system going when it comes to capital this is what we estimated 11 million for the operation and maintenance which includes employees and about 1.92 for capital and that's for the actual purchases of large equipment and for pipe and and things like that so the large equipment would fall into that 1.92 million i can tell you for fy 23 i think i only have 100 000 budgeted for vehicles and equipment yes i remember you saying that but can you give me very specific things like i'm i'm just i need you to build a case for me that this is warranted and i'm not sure that it is at this point so can you give me specifics in terms of equipment what is needed in the next right three to five years unfortunately i don't have my equipment sheet with me i'll pull it up but lucy i don't know if you have anything that you can add at least on the fly of the equipment we're missing just because you're the one whose budget i had to cut afternoon against mayor council as far as equipment we're talking about heavy equipment for backhoes and vehicles to get us to the job in addition to that there's specialized equipment that we utilize for maintaining the system you know changing out valves using a stopple and the equipment required with it also in addition to it i don't know if you know this but one of the services we provide that other utilities do not is we maintain the utility part that's under the federal jurisdiction which is department of transportation the other thing that the council has tasked us with doing is also providing relights so when our customers lose those types of service whether it's due to an outage or they smell co2 our technicians are licensed as plumbers through the uniform plumbing code in mexico cid to be able to go in and do that most other utilities only do the work on the utility side so that entails minor equipment such as cig which is gas combustion gas indicators when we do our gas leaks and any probing that we do throughout the house to check for gas leaks you know that's just a small sample of the equipment that we would utilize thank you so much i know there were some issues with some neighbors down the street and you all were so good about responding quickly and sort of saying you know this is not for us this is but you do do that i know that there's that service so i appreciate that yes we cross over to provide that service yes thank you and if i may this is grant rape and again with nugent i just to add on to that answer in addition to the vehicles and equipment that was discussed um approximately a million dollars of that 1.92 million dollar number is related to renewals and replacements of the existing gas infrastructure itself not rolling stock not equipment but not to extend the system out to new customers but just to keep and maintain the existing pipe that's in the ground and compressors and the equipment that's running the actual not equipment like mobile equipment but like you know compressor stations major equipment it's necessary to put capital back into the system to keep those things in proper operation and also replace them on a recurring schedule so that they don't become um so out of date and so um uh you know aged that they become an issue of safety or you get behind and you have to uh you know make emergency repairs to the system more often to address emergencies that arise instead of doing it a more preventative maintenance type of pattern so i appreciate that delilah you made mention two very specific examples where we lost pressure pressure yes ma'am and you identified where they were and are you do you have an idea that this is something that needs to be replaced or or rehabbed if you will so that doesn't happen in the past and if if are those more react like those are things places you know but what how do you identify those that you don't know and do you have a list of some sort that you can present to council that says these are absolute um you know from next year on these are the places from priority one through ten that we have to get done every year correct thank you so much uh mr mayor mayor pro-tem absolutely first of all we do do that in the cip when we present it to you all we've already outlined and identified what our high priority areas are for the entire utility and then of course it's just based on funding regarding have we identified it yes we do a moab i think it's an analysis of our pressure in our entire system so we actually have staff out there checking pressure at different parts of the city and lucio can you explain that again of how we do our planning uh for the pressures and rehab uh mayor pro tem uh lucio garcia deputy director for natural gas in reference to the pressure we do have a model we've generated a model which is a finite analysis model of our pressures throughout the system so our model has matched up with what we've seen out in the field there are areas within our service territory which are outside the city limit because as you know our service territory expands beyond the city limits and areas north of town towards delray donjana are areas where we experience low pressure as well as in the elks area and the sonoma ranch and many of these areas low pressure around sonoma is it's being developed the infrastructure is not there to support as you move along until that infrastructure is built so around the donaiana which is kaijitas doniana community college we have experienced times when we have zero pressure there and that's one project that was on the cip and the master plan that's currently being done thank you thank you so much um delilah and then finally how old is our system oh i looked at that sunday too 1936 i was going to say 37 but we've run we've operated the natural gas utility since 1936. thank you i appreciate that mayor thank you thank you counselor como thank you mayor and thank you delilah you think i wouldn't have any more questions but every time i'm in the vicinity of lcu i learned something new um when you talked about the capital projects that you had cut for 23 can you tell us what some of those were that you cut and if that will have an impact on customers i know i cut out del ray um because that was the only project we were expansion the delray in order to improve the pressure and that's what lucio just talked about but that was really we rolled over about 1.5 million for projects in process so that includes like kiahitas and some of the rehab projects that we're closing up this year that we don't know if they'll be finished by the next fiscal year so those are rollover funds the really big one that was in there was the delray improvement and so that one i know i did cut out i had already cut out quite a bit already and really the only ones were having to do with the pressure improvements can you for the public can you talk about what that means for customers to have low pressure so essentially when the demand goes up i'm sorry thank you mr mayor councillor benkoma when you have low pressure it's typically in seasonal weather situations so you don't have low pressure in the summer nobody's making a demand on the system but when we have those those big temperature drops that we experienced back in february i guess it's still february but over valentine's day weekend as the demand on the system was pulled in order to heat homes and and and pull that gas to other places the places where we don't have either a looped system or we're backing up with other pressures like the delray area that means gas will stop flowing and you face the danger of pilots going out so that's the biggest impact of customers is they'll lose their their gas system we hope they don't they actually turn off their gas at the main rather than allowing it to come into their home but that's the biggest danger we face is the pilots going out how many customers do you think this impacts how many customers okay mayor pro tem um as far as customers throughout the city or service area or just that specific that specific area lucio the last one that we had uh well alps which is in 2017 we had an issue there we lost about 500 customers took a couple days to bring back online on pegasus next donaire community college it's a stretch of a neighborhood so i'd have to say 80 90 customers okay just off the cuff significant amount yes 20. one significant patient that's good answer lucio thank you curious still on page 13 you talked you spoke about um operating expenses is there a reason and this could probably lead into a whole other work session but is there a reason that administrative services can't be done internally at lcu and that would eliminate having you to pay in the city um mr mayor councillor ben como i'm not familiar with why we couldn't i know ifo and i we talk all the time when i complain can i just do this myself but there's not a prohibition or a reason not to it's just something that we would have to work through in administration and city management to decide what is the best use of our resources and i'll give it to to our city manager when we met with him over um some of our like fleet repairs and and whatnot i'll tell you our fleet office they're great they're like we're going to be the best choice for you to make a repair to your equipment so you don't have to go to an outside vendor to repair equipment we're going to be the most efficient and most effective and most cost effective choice so i don't think there's any prohibition on it it's just something we'd have to explore of really is there a cost savings or not and then it's behind you i think sorry i was just going to contribute uh part of our study again grant raven with nugent part of our study was not to look at the specifically shared services and evaluate on audit you know that but generally speaking so not talking about your situation in particular but when we typically look at other utilities that are operating in this environment which we would do a lot of work for music utilities it's most often the case that the city is able to do that more efficiently than having the utility staff up for those services because there's there you know one city attorney you know one hr you know being able to uh incrementally just handle a few more uh you know issues on behalf of the utility tends to over the broad brush be more efficient than stepping up the individual utilities again i didn't know particular investigation of your city but that's what we typically find that's helpful and i don't necessarily think this would remedy this situation right but i just think ifo and delilah i think it's worth doing an investigation on what just and just what i know about hr the hr needs of the lcu sometimes i do feel like it would be best there again i think i'll leave that there maybe for a conversation later on i think mr mayor councillor ben como um one thing about our city manager he's he wants to know who's doing it most efficiently and give me a cost study and and you demonstrate to me how we're going to save money so he does challenge us to save that money okay can you thank you for saying that i totally agree can you go to page 20 please yes okay i'm having some um [Music] con i'm having a hard time understanding this graph delilah i'm hoping you can break it down further for me so on this bullet point you say that the average las cruces small commercial the average use is 16 deca therms for small commercial is that what that says yeah again this is a grant rate from new gen just allow me since i was responsible for putting this slide together i'll i'll take responsibility for what we're presenting here um so we did use um a you know an average per month uh user of 600 and i'm sorry 166 deca therms for the representative comparison between your utility and the neighboring utilities in part because for example new mexico gas has a small commercial class that is so much bigger than yours so we picked kind of a midpoint of your small commercial class the reality is the average small commercial customer is using about a 10 percent of the amount shown in this slide so they're more like 16 deck of therms per per month as compared to 166 deck of thunders per month so but but the reason we're using this much larger volume for the comparison is just because when comparing to new mexico gas it's it's difficult to make up an apples-to-apples comparison amongst that small class because small commercial to them means so much bigger customers than small commercial in the city okay so then and of course correct me if i'm wrong in understanding this but then this graph doesn't actually doesn't really show the potential cost increase for an average las cruces user then so this uh so here's what i'm gonna tell you when you show me that graph that's a hard pill to swallow when i see that for small business right and so i'm curious about showing a graph that is more proportionate to what an actual las cruces small commercial would use so that people don't faint when they see that uh again great raven that makes perfect sense and i guess i would direct you to the um no i think it was on it oh there you go yeah this would be a a graph that would show you i think what you have in mind which is so this this graph on the right for small commercial is showing the bill comparison for the average uh small commercial customer in the class which is likely more what you're asking for yes thank you okay this is much helpful much more helpful um it back to counselor graham's question which i thought was a great question in terms of the scope within small commercial is there a way for us to to do different classifications within small business like small business small and small business large because it feel like there is an equity issue when we talk about you know a small business that's employing five to ten people versus a business that's employing a hundred people sure and if i may again grant raymond with nujin i'm not going to respond on behalf of the city about this idea but i'll just give you my thoughts from an industry perspective um that that is seemingly possible i without doing the analysis we can't know for sure but my my gut feeling based off industry experience is if you segregate out the really small commercial customers from the larger commercial customers what's going to happen is you're going to find that the really small customers are even more expensive to serve under the cost of service analysis than what you have now basically what you have now is the larger bigger and and for a lack of a better word more efficient users of the gas system that are in still in the small commercial class because it includes a pretty large proportion of your overall commercial businesses are pulling down the average cost of service for those very small customers so my concern would be if you segregate out the really small ones what i think what you're going to find is the opposite of what you're hoping for is going to come true is it's going to show that those larger customers you peeled out and put on their own their cost of service has dropped and you've increased what we've identified as the cost of providing service to the very small customers in the class interesting even though some small businesses may already be in residential areas right like you know i appreciate delilah's example of um you know one pipe could serve all of these residents versus one pipe serving maybe the one business down there a lot of small businesses don't have huge facilities right and the ones that do i'm assuming are using more gas yeah and so uh you can definitely pick out um individual commercial customers and you might get you know a different picture or view of the overall class but um it is true that at least from a a a you know the way the customers served off the line from that perspective you can have small commercial customers that look a lot like residential customers in that regard but i'll also point out to you that in our cost of service analysis in part because we've grouped those small commercial customers along with some other larger commercial customers in that class the the identified cost of service for small commercial is lower per deca therm than residential so just saying you know so they are as a class being treated and recognized as being more efficient than residential residential is a slightly less efficient user of the overall gas infrastructure and so it's because you have some larger customers sitting in the same class with small commercial that's bringing down the cost of service for the class for all of small commercial i mean i feel like there this could be worth some sort of research and investigation doesn't mean we have to act on anything right like it could just give us a lot of insight on something and i know zella you're literally telling me i don't have any more money for anything for me to be asking for more studies but i just because i hear you it might not the outcome might not be what i'm necessarily thinking it would be but i think it could i don't know right and i just feel like it would be worth looking into so if i may one other thought that i have on this on this topic is that um you know the the overall cost of service should be a a guideline by which you assess what rates should be charged to customers but there is room for um policy discretion uh within rate design which is part of what you know we're presenting in terms of issues to you guys and so i guess what i'm suggesting to you is a segregating out the customers into different groups for the purpose of calculating cost service may not accomplish what you're thinking it might but policy direction can in the place of that and so i have some more expensive expansive thoughts on how you guys might consider policy direction yeah right no yes possibly um but but anyway that that would be my suggestion to you if you're that's if that's particularly what you're trying to address policy may get you there okay thank you and delilah i'm curious if you can and this might be a tough comparison that i'm asking you for but um given the current storm rider right in what that has looked like for our builds both of all classes can you give a comparison as to what the current writer looks like versus your one year two and maybe your three or maybe to make it easier just year three i want to say we did it at 15 cents per deca therm but i'm looking at staff because i don't know offhand do you guys remember what a rig writer was the let me let me look that up and i apologize all my financial people could not be here today i think mr simpson was good enough to volunteer at it i think it's a dollar 69 per deca therm is the current surcharge so it once that surcharge goes away um it'll somewhat mitigate uh the proposed uh rate increases that are being proposed and that if that wasn't your question no i guess i'm asking like so i have an impact how will we see it differently how will we feel it differently so it again it's based on usage and i apologize i didn't have that number off the top of my head so i appreciate the input if it's at a dollar 69 per deca therm so if you look at our small commercial rate class the differences between that three year implementation and the current rate is much less than the dollar 69 per decade because it's all volumetric based so it's based on how many deca therms you use so in the instance of the small commercial class if we were to implement the rate in full they would see actually a decrease in their bills based on their and of course i can't speak to cost of gas because that's variant and based on the market for residential they'll all obviously see a a decrease of a dollar 69 per decade that goes away in all the bills okay so what you're saying so after the writer what i'm hearing you say is um with the gas rate increase it will not it will look less than what the increase looks like now with the storm writer mr mayor councilman como yes for all classes correct okay helpful thank you and then just my last sort of point here delilah because i appreciate you you know naming what it could mean to customers and staff your crews if there is no increase right what that means in terms of safety and i mean frankly the safety issues are one of the biggest reasons to move away from a gas utility right it is very it's very dangerous right you have to have a lot of training your staff have to have a lot of training but i do appreciate you saying that because i think for me what was helpful in the last rate review even though it was just as difficult when we talked about waste solid waste that was really difficult increase but it literally trans translated to if we don't do this increase like it could mean your trash does not get picked up every week right so i appreciate you naming the very concrete ways in which the no increase at all could impact the system thanks mayor councillor peter councillor flotus thank you mayor and thank you delilah most of my questions luckily have been answered but i did want to go back as we're talking about addressing that aging infrastructure and as it's been pointed out there haven't been any increases or changes which has been great for a lot of people and things but we know that has consequences later on and we're here at these points trying to make these decisions when we are looking at emergency repairs on average how much more expensive is that than if we had scheduled maintenance mr mayor uh councillor steve abate that that's an excellent question i know from the utility standpoint on our personnel calculations we already know it's three times the cost because we have to pay overtime call out emergency traffic control we have to bring in emergency purchases and procurements um i'll give you an example on university we had a huge line repair for our water line and it was easily three times the cost had been able to repair that line ahead of time so lucy i don't know if you have a an estimate on that i'm just talking anecdotally on the cost yes good afternoon mayor uh council man cuomo i'm sorry stevie uh yes the costar as uh director of the delilah wash mentioned uh there are two can you speak into the mic please yes they can be up to two three four times as much based on uh you know emergency purchases cost overtime and then bringing in consult either consultants engineers or uh contractors to assist uh because many times we uh i don't know specifically for water but for gas or at times that we need to bring contractors in to assist us with the repairs whereas if it had been routine operation and maintenance it would have been something we could have done in-house on our schedule thank you i appreciate that and you know looking forward i do think that it's very important to make sure that we accommodate scheduled maintenance and repairs as you said it is a cost saving to our all of the customers whether it's presidential or commercial thank you mayor thank you thank you councillor flotus thank you mr mayor and thank you delilah for your presentation you mentioned that um uh lcu is 12 excuse me 11 years behind and if we agreed to this today it'll still be another two years before we see anything so we're 13 years behind why are we 11 years behind in and no i mean i can do the arithmetic and figure out where the 13 comes from but why are we 11 years behind uh mr mayor councillor flores that's an excellent question and my understanding is the reason was the quasi-judicial process was so expensive in the original way that we did rates that would it was almost i'll give an example one employee shared with me that by the time we got through with the water rate case all the new revenue went to paying off the rate case and so it was just putting us in a hole so my understanding is they were just avoided it was we'll just make do we'll just make do we'll just make do until it came to an emergency under our new strategic business plan however our board has directed us to review rates every four years no matter what and so again we'll be starting this process again with wastewater okay so if we uh were to approve this today um how long would it take us to uh we'd only be four years behind in two after 13 years of being behind we're we'll only be six years behind six years behind when will we catch up uh mr mayor uh councillor flotus my hope is we catch up within the next two cycles that we stay on this uh because they're difficult and having to increase the rates to adjust for 11 years worth of inflation is highly impactful to our residents if we can do this every four years and try to get caught up and make those transitions happen then the impact isn't so much and it's not over such a long period of time however i would imagine in the natural gas the next rate review is going to have the energy transition plan in mind and you're saying that that's in four years yes ma'am yep so by by the time we have a new transition plan in place we don't know what that recommendation is going to be how it how the recommendations are going to be for our infrastructure or what we're doing or how we're moving forward how are communities moving forward with renewable energy those are a lot of big questions but i'd imagine that transition plan and the demands of it are going to be part of the next gas rate review okay so in two years we'll be caught up kind of so we'll be about four years behind excuse me we'll be four years and then two years from then we'll be two years behind and then four years from that we'll be caught up so we're looking at what sixteen four times three is twelve fourteen twelve years canceled lotus yes i think it would take twelve years and but we're gonna have that picture of energy transition to consider also in that time period okay well thank you very much ms walsh thank you mr mayor councillor karan i just have one more question that i think sort of goes to the questions that counselor benkom was mentioning earlier but when i look at the when i'm thinking about budgets as well as as values statements right i'm thinking about that in this context when i look at industrial rates bearing atta uh a fraction of the amount that small businesses do it's troubling to me and i wonder if you can explain why industrial is is has such a low requirement in this in this calculation or um it just i just don't think that shows our values so mr mayor councillor quran it's not about values it's the cost of service and it takes a lot less to serve industrial because it's one big line running out to them and then remember an industrial user uses the same amount of gas no matter what the weather so i don't have to build a line to meet your winter peak demand months i have to build a line that meets your demand period so it's using the same amount it's a lot more of an efficient user essentially and so the infrastructure is a lot less but i'll let grant give more detail on that this is grant raymond nugent and i think that's a very good explanation an answer delilah and that that really boils it down you know the the very large industrial users are more efficient users of the gas infrastructure so when i say efficient i don't mean they use less i'm saying they're they're they're not peaking as much on your system as for example the residential customers that are using the gas in january and february to heat the home and then in august they're not using hardly any an industrial user will more typically use a more similar amount of gas month in month out and so the size of the pipeline that you've constructed to serve them and all the facilities that go into serving that customer they are more they they are more efficiently utilizing that infrastructure um on an annual basis than customers that vary their consumption from month to month as seasons change so i guess i would ask a follow-up question which is related to access versus volume so that suggests that the access charge is static um and related to their use related to their the infrastructure related to it but the volume changing the volume charge which we're doing for every other class i think um keeping that steady i guess it's really a little bit hard for me to understand fair enough and i'll just observe or add to that comment that even though the volume charge shown on the screen is per deca therm these these volumetric charges are recovering fixed costs of the utility um so you're not recovering all your fixed costs to serve that customer through that access charge you're actually recovering some of it through the volume charge and there's several reasons why you would structure the rate in that manner but that i think may be the disconnect unlike the the the gas commodity rider that recovers the variable cost of gas you're actually recovering fixed costs inside of that volumetric charge and that and that's part of the reason that explains why it may be counterintuitive to you that that we're we're not adjusting the volume charge for that customer class thank you other questions before we get to the their audience so i just have a quick question so i'm sorry the name of the firm was nugent and so you hired them when gosh just 2016. but not for the gas rate room oh but not for this great review um i apologize if i may again grant raven um so the the original contract for the rate reviews for the water wastewater solid waste and gas engagement was signed around 2016. we were just now getting around to the gas portion of this we started the gas rate review almost two years ago i i don't know the exact month but it's it we started this a couple over a year ago more like a year and a half to two years ago and so i guess my question would be so i presume there was some type of report that was done mr mayor uh counselors yes yes and so was that report given to the utilities board members and i guess i was just curious why it couldn't have been included in councils mr mayor counselors it was and we included it in the technical report that's the 180 page document that you received from utilities when did we get that you got that last week so it was in there yesterday my apologies okay i just wanted to make sure about that so there's nothing further now please remind me who is out there that wish to speak senator hamlin and maybe more okay so if you want to come forward you needed how much time three men we're feeling a little generous we can give you five if you like mayor yes um was mr simpson given her some respect i don't see him oh there he is right there oh wow okay i'm sorry i only seen you once i think he does have a presentation he does he does okay mr mayor thank you council it's so nice to see all of your faces here today my name is carrie hamblin i'm here in my capacity as ceo and president of the las cruces green chamber of commerce representing over 200 local small businesses and indirectly thousands more including over 3 000 small commercial gas customers that las cruces utilities serves i do appreciate the discussions that las cruces utilities have been willing to make uh regarding the increase it's been a very uh animated conversation and very concerned about all of the things that we've uh that that delilah has already addressed until recently las cruces utilities rate payers were represented by a ratepayer advisory board a repayer advisory council rather which has which was provided a consultant an attorney to represent customer interests including those of small commercial customers whenever a rate hike was proposed the provision was eliminated by the council in 2016 leaving only the city council itself to evaluate the viability of the utilities case with no provision for the detailed analysis that normally accompanies utility rate cases now the las cruces screen chamber of commerce is proud to have filled that gap by contracting with utility expert philip simpson to conduct an analysis of the current lcu rate request and he will be giving a presentation to you on his findings he has an undergraduate degree in mechanical engineering from georgia tech and a master's degree in electrical engineering from new mexico state along with the second masters from new mexico state and economics with a concentration in public utilities regulation over the past four years he has been a regular intervener in cases before the state public regulation commission mr simpson is accustomed in his work before the prc and his hearing examiners to rigorous examination of assumptions and conclusions he brought this same rigor to bear on the case at hand and we're very proud of the report and its value it provides for council decision making a particular concern to the green chamber when we first became involved in this process was a proposed 42.7 percent increase in gas rates for small commercial customers to be imposed as they struggle to emerge from a worldwide pandemic that we are still not out of i'd like to remind you a difficult economy and the utilities imposition of a rate rider for winter storm yuri fortunately and in large part a result of issues raised during the rate request process by mr simpson the rate burden on small commercial customers has been reduced there would be a phase-in of any rate increase or no increase would be imposed until the winter storm rider has been removed the utilities also decided to eliminate the cost of taking on new debt for line extensions a step that the green chamber is very grateful for we support and endorse still though the current proposal of 33.4 increase in monthly gas mills for our small business community is unacceptable especially for a city-owned utility and especially when clear alternatives exist mr simpson will point those alternatives out as he reviews his findings for you today and before i welcome my colleague debbie moore to the podium you know doing a little bit of the math is that businesses can't afford these costs right now um the difference between what right now the 194 dollars and 74 cents a month comes out to 2 336 dollars and some change every year the 414 do i get just like another minute thank you i appreciate that uh the 414 dollars and 17 cents comes out to four thousand nine hundred and seventy dollars that's a twenty six hundred dollar difference that is a refrigerator for a small business and i want you to think about becks willow and blaine indulgence cafe salud de mesa downtown desert yoga any of the small businesses that you all frequent and i know you do because i've seen you there think about these and what would happen to those businesses if a refrigerator broke if their plumbing or electrical work needed to be redone if their stove or oven needed to be fixed if they had heating and cooling issues we all know that during a time of challenge especially financial challenge right now that any one of these items any one of these catastrophic items is going to cost you at least twenty six hundred dollars that could make or break a business and unfortunately during this time we have already seen businesses close and my colleagues with the greater las cruces chamber of commerce the economic development department with the city of las cruces the lyft fund small business development center west a number of the arrowhead center all have worked together to try and help our businesses thrive and survive during this time a gas rate increase right now is not going to help them and so mr simpson will be giving his presentation to you but i would like to welcome debbie moore my colleague with the greater las cruces chamber of commerce to speak to you if that's allowed thank you mr mayor thank you council for all your work thank you senator appreciate it hi debbie i just need you to state your name please debbie moore president ceo of the greater las cruces chamber of commerce i could say one big ditto mr mayor i was going to lead in with to several of the counselors comments since march of 2020 when coveted hit i've been in the trenches with many businesses and they are just now coming out we are definitely not out of covid and the greater las cruces chamber agrees that this is not the time i'm real concerned about where we're going to be over the next three years how this is going to impact them so at this point in time we stand in opposition to this i will say this to delilah and her staff if this by chance goes through we're here to help get the information out to our small businesses work with them see how we can provide opportunities for assistance i don't know the answers but i'm here to i'm in the trenches with them so we're going to get through this together thank you mr mayor council thanks debbie so now we'll be hearing from phil simpson are you trying to lift that podium up i am sir i see it thank you mr mayor councillors i really appreciate that your attention today and allowing me to give a little give my presentation um i just need you to state your name i'm sorry for the record my name is phil simpson phillip simpson thank you um i think the council has um kind of a difficult decision today and i would characterize it as trying to balance the interests of the utility and the balance of the customers let me let me pull up my presentation let's see okay thank you um so as kerry mentioned the las cruces green chamber of commerce commissioned me to evaluate the proposed rate increase of 2.4 million following the recommendation of that report and consistent with the council's direction the utility removed the debt for new gas line extensions from the rate increase and i don't want to lose sight of that i think that's a wonderful thing and i appreciate the utility being willing to make that major decision to stop expansion of our gas system and stop having the customers pay extra for that as ms walsh mentioned that the current rate request on the table is to increase revenue an additional 1.5 million a month she called it 1.46 million i i rounded it a little bit my issue is that and the green chamber commerce issue and the greater chamber of commerce issue is that that proposed increase still disproportionately impacts small commercial rate payers this is excessive imbalance and unnecessary and violates accepted principles of utility rate design so i'm going to focus on why first why this is imbalanced and then a little bit on why i think the rate increase is unnecessary there's a whole lot of commercial businesses that use gas in las cruces as ms walsh mentioned the vast majority of those more than 99 are fall into the small commercial rate class unfortunately those small commercial rate customers will be hit with the biggest uh impact by far it's over 33.3 percent and and they really small businesses really need to be protected against this uh unreasonable rate increase so why do i say that it's unreasonable so i want to talk a little bit about uh the the rate allocation process i think the important thing to understand here is that there are multiple almost an infinite number of methods for allocating the revenue between rate classes it's incorrect and misleading to say that one particular rate designed including this one is that is scientifically correct because there are so many options there are so many judgment calls that get made during the rate allocation process during the process of deciding who should pay what amount of the revenue increase if if this case were before the new mexico public regulation commission this rate design would not fly it would not go forward the i looked at the at three of the last public regulation commission decisions in all three of those decisions the rates designs were done differently but the commission at the end of the process adjusted those rates because they understood there's a lot of ambiguity and as mr rabin mentioned commissions and council you have you have at the option of i think you called it policy direction mr braven policy direction it's commonly referred to as the principle of gradualism that you don't increase rates on a particular customer class much much more than another particular customer class and you do that to avoid rate shock so again the best practice is to increase rates gradually and commissions including the new mexico public regulation commission make they go to extreme measures to avoid rate shock to any particular customer class so i'll switch now to the other issue you know is a rate increase really needed um the data i've looked at which goes through the end of fy 2021 do not indicate a need for a rate increase my report showed that the the utility had financial ample financial reserves at the end of fy 2020 and that those reserves actually grew in 2021 and i the next slide will cover that um i know the utility did not really appreciate that analysis and questioned the methodology however the methodology came from mr raven's report and i noticed this morning that the methodology is also outlined in the the the last council resolution on rate setting so the the minimum minimum funds balance are actually mentioned in there uh after that after my slide that showed ample and growing reserves the gas utility presented cash data which i will uh i have a table on that that so these these numbers in the middle of the page are covered by that table probably better than than here so i'll go on to that if you don't mind let me grab some water so this this is the slide that the left two thirds of the slide came straight out of my report and then and the numbers came straight out of the new gen report and as you can see at the end of fy 2020 there were about 3.1 million dollars in excess reserves because the minimum balance according to the two months rule that what came up a little bit earlier was 1.4 million the utility had about 4.5 million so the difference is 3.1 in excess reserves and what was interesting is that those reserves appeared to grow significantly more than doubled in fy 2021. the capital improvements fund there's no target so there's no i can't say these are excess but it looks like at this point in time there were significant excess funds this doesn't quite match what director walsh was saying so and she may of course she has more current information than i do but according to these data at the end of 2021 there was a very significant excess reserve funds in both the operating and the capital accounts so in response to that slide as i mentioned the utility presented a slide at one of the utilities board meeting called a gas profit and loss slide where they actually showed fy2021 numbers this is an excerpt from that slide i didn't want to try to show that whole table because it would have gotten way too hard too small and hard to read but what what's what's significant about this slide is that the utility characterized it as showing a net loss of 2.75 million in fy 2021 the actuals column but that really only occurs with the excessive non-recurring spending that occurred in fy 21. in fy 21 you you may recall that the number of 923 000 is the number that needs to be spent on vehicle replacement on fy 2021 they spent quite a bit more than that more significantly than that is the capital projects the capital projects the amount spent was about 3.7 million and i don't think that was discussed this morning but the the long-term gas rehabilitation expenses is about a million dollars a year from fy15 to fy 2020 it was the average was 989 k a year and in mr raven's rate review study looking at what the requirements should be for the future it was pegged at a million dollars a year and that's what this this amount shows so if you take that net revenue from fy 2021 and subtract off the vehicle and capital spending you come out with a surplus of 328 thousand dollars so the reason i think this is important is that 1.446 million dollar revenue increase was really based on a revenue requirements summary for a test year that was supposed to more or less match so we have data now in front of us that show what really happened in fy 2021 and that was a surplus now that's not to say that expenses may increase in the future but in fy 2021 there appear appeared to uh the spending appeared to be excessive and without that excessive spending there would have been a surplus now when i say excessive spending let me let me qualify that a little bit because for example the major equipment vehicle purchases that is a number that varies quite a bit year to year some years you don't replace a lot of vehicles some years you do and this this happened to be a year when a lot of vehicles were planned to be replaced mr raven's report i believe uh predicted uh much more spending than than this 1.3 million in but his report also did a long-term average looked at kind of the average over seven years over four past and three future years and that average is where that 923 came from so i think we need to look at you know the expenses going forward so why i think it's worth asking why we think that um the prediction for fy21 was wrong why were expenses lower and i think one of the major things there one of the major factors is is uh personnel and specifically salaries you may recall seeing the slide that showed o m expenses going from 10 million and to 11 million in 2021 it turns out that that didn't really happen the expenses o m expenses stayed constant and even went down a little bit and i could we could bring up the the whole table to see that but basically the o m expenses went down in 2021 that's that's not to say they may not go up in the future but the data that i have indicate that there's no need for a rate increase so um what are what are the alternatives here for the council um the the easiest thing to do is if you think no rate revenue is needed vote no and and no no further action is needed until after we figure out what we need to spend on the energy transition plan and road map if new year new revenue is justified i think we need to apply the principle of of gradualism to limit the maximum increase to 20 percent for example you could limit it to 10 percent on small commercial customers and you could do it in a couple of ways you could do it by shifting costs between rate classes and in this case what you would have to do is increase rates on residential customers very slightly to to make a big rate decrease on small commercial and that's you know that's not politically very pop popular to do that so the another option would be to just reduce the overall revenue increase by by the same amount instead of shifting the the revenue increase over to residential just decrease the overall revenue increase you know if you decrease it from 1.5 billion into 1.1 you could cap that small commercial rate increase at 20 percent so this is the last slide in my main presentation actually i have a whole lot of backup slides that i figured there probably wasn't time to get into the details but we can do that if if anybody has questions i think you have that package in front of you if you have any questions about that i can answer them but you know the recommendation of the green chamber of commerce is that because the immediate need for new revenue has not been clearly demonstrated don't approve the rate increase at this time use the current revenues to maintain the existing gas infrastructure for safe and reliable service and we would say approve the decarbonization rider and start using it to cover the cost of the energy transition plan and roadmap if you'll bear with me i would like to address a couple of a couple of points that were made by director walsh the she talked about salary and benefits going from 2.44 million to 3.05 million and i guess my question would be if that is a past or actual expense or a predicted expense because it looks an awful lot like the 600k that i identified in my report as being associated with filling all the vacancies in the department which is i know mr garcia has done a great job in filling vacancies but it's virtually impossible to fill all vacancies so when you fund the whole system including all the vacancies you're you're kind of funding more than is necessary um one of the one of the other things that was mentioned was you know we're going to go to electric vehicles and an f-250 goes was depicted as going from 35k to 60k and that was cited as a reason to increase rates well i would i would note that's already built into that 923 000 for vehicle and equipment replacement that analysis assumed that an electric vehicle costs double what is replaced so this if it goes from 35 to 60k that's actually less than double so that's a little bit of savings and not an increased cost i also wanted to comment on the comparison with new mexico gas company i would note that new mexico gas company is a for-profit corporation they need to earn at least 10 percent more than than a non-profit municipal utility to pay their shareholders you know so and and then when you look at it and you see that small businesses a small business in las cruces is paying 414 dollars where a small business and a new mexico gas company would pay what was it 200 or 277 dollars in others las cruces small commercial customers are paying much more than a for profit gas company and i realize it's there's differences between the the rate classes and the sizes of the rate classes but it just seems exorbitant that the small businesses in las cruces should pay so much more than the small businesses in albuquerque and the residential rates are virtually the same if you remember that graph so again i think there's there's some real adjustment that needs to happen to these rates and i would be happy to work with the utility to come up with alternate methodologies for making these rate increases more equitable and not hurting our small businesses quite so much if the council thinks that some revenue increase is necessary um but again i think that that is questionable and i would also note that the council could through policy direction just choose another number instead of 1.46 cut that in half you know there's it's uh it's a complicated process but i i think that in order to balance the interest of the community and the utility we do need to make some adjustments to this proposal and with that i'll stand for questions thank you mr simpson councillor beta thank you um and thank you mr simpson um for the presentation i actually have a a clarification point that i need from delilah if that's all right first something that was mentioned by one of our speakers before was that there was no advisory group however i know that on our board we do have a utility customer advisory group it looks like it is active and has um one two three four five members they've met in november from what i'm seeing here is that a different function that what than what was talked about earlier or is it the same thing it it it may have been intended to serve the same function but it certainly did not i intended several of those you cag meeting you do these customer advisory group meetings um and and my correct collection is that it was um essentially convinced them that no ring increase was needed through a presentation similar to this one but but different um but they did not have any power to make that recommendation um in other words from my perspective i think that the former process may have been too litigious and too expensive but there was under that process there was some balance there was two sides to the process there was some give and take so i i think that to answer your question no the uk does not fulfill the the process of the the former i think it was a rate setting advisory committee okay thank you and yeah sure and thank you mr mayor uh councillor betha that's correct when we changed the ordinance it was the uk that stepped in to be the representation of public input and so prior to that there was an actual rate case process where you have a quasi-judicial process where there's arguments submitted and testimony and negotiations and so the uca did serve it as that uh entity and mr simpson did just mention as when he presented his arguments to the uk they were under consideration um their recommendation came to the board to have that phased implementation that was one of the big changes as well as to remove the line extension so they take all the customer input and then base their recommendation to the board on that so okay so that advisory board did make adjustments that we saw reflected here today correct okay thank you and thank you mayor thank you council servant cuomo thanks mayor um and thank you mr simpson i don't have any questions for you actually i just have a couple statements i want to make but i did want to thank you um and the folks who spoke on your advocacy and getting us here i think that's incredibly important um i'm gonna be really frank i feel like um we're now in a situation where um you know to center hamlin's point on the small businesses i do think about those small businesses all the time nessas and amaros and le rendezvous and sassy grass and i could name more and more and more because to me they're not just small businesses or families right so i do think about them all the time um and i feel like we're now in this position where if we approve a gas increase it'll be seen as an anti-small business decision and if we don't improve an increase um that's asking the people responsible for an entire utility to potentially put the gas utility in jeopardy causing issues for thousands of las cruces and thousands of customers and i in an ideal world we wouldn't need a gas utility but the reality is that we're not there yet we're not even close and the fact is that the people who are gonna carry the biggest burden of that are low to moderate income families people who cannot afford small businesses as well who cannot afford to electrify and i feel like that's been missing as part of this whole conversation and we're not really taking their interest at heart here and i really hope that i really think it's important that we come to a middle ground because um so just for me i would not support residential the residential class subsidizing for a small for small business and i do and i do see the considerations here that graphic is really scary time for small businesses it's been incredibly difficult for vulnerable families for small business through this pandemic so i really do hope that we're able to get to somewhere in the middle mr mayor i don't know you know beyond this work session i don't necessarily have any other options here i just really hope that if we don't feel comfortable with this option and this recommendation that we come to meet somewhere in the middle because i feel like that's what's clearly needed an increase is clearly needed how much you know i think that's still and who does it impact the most i think that's still up for discussion um but i just wanted to note that because you know it's a tough decision it's tough place to be in up here right the the shepherds of an entire gas utility a public utility that is a really hard place to be and i am sure delilah and lucio have lost sleep over it i'm certain of it just like i'm certain small businesses have lost sleep over how to pay their next monthly bill right and i think we can take all that into consideration and come up with a solution that maybe it doesn't work for either don't they say that that's the best solution the one that doesn't work for anybody but at the end of the day mayor i just wanted to make that statement because i just felt like that really needed to be named thank you council flores uh thank you mr mayor and thank you for your presentation mr simpson um that the one question i have for everybody up here is aren't we in a mode to leave natural gas and to electrify and if it's going to take at least 12 years to correct the problem we're in now and we're looking at being you know climate change on schedule well that's beyond well 12 years would be 19 what 34. so then a year later we'd be electrified all of a sudden we'd be green so my question is is this we're moving towards electrification my understanding is that any any gas lines any any money that's being spent on natural gas is only for replacement lines not for new development so a lot of the presentation by ms walsh by director walsh was based on the the of course it took into account what exists in terms of quote the whole financial hole it's in but prospectively in terms of uh new gas lines going in so um i i'm um i'm opposing i'm opposing the rate increase on those grounds to say nothing of course of the inequity there is an equity when it comes to the smaller businesses and and i really want i i mr pili this appeal is to you to have in the future to have all of our directors or you know any any presentations made to the city council to be consistent with what our policy is and that's to be green as much as possible to electrify so i want to thank you mr simpson and thank uh senator hamlin for for being here and and i appreciate your perspective mr simpson and i think that um i think that if we if i think that if we're 11 years behind now i'm still swimming i think that we can deal with alternatives um and um and proceed according to our policy to electrify and go green and not to put in new lines gas lines um natural gas lines or wise but thank you mr mayor and thank you mr pealey thank you miss and thank you mr simpson mr mayor councillor flores if i could address that i do want to reiterate the gas rate review that we're proposing now does not include extension of the gas system it's only to replace identified uh infrastructure so we've already identified its schedule for replacement so there is no expansion of the system included with this rate review okay well that and may i say something about that um my understanding is that the city my understanding is that our policy as a city is to electrify and uh nichols larry nichols director nichols of community development and and some of his folks have spoken to that and how um and and people maybe just my circle of friends are talking about how to electrify and uh and it is very difficult some people who are like you know the tesla drivers and everything you know solar panels and um are still finding it difficult to change their water heaters you know get them but i i think that to support this today means that we're not we're not really serious about electrifying electrification and i feel very strongly about that and [Music] and thank you miss walsh and thank you again mr mayor and mr mayor councillor flores to speak to that to the electrification of the city that is something that's been called out in our climate action plan which is why resolution 153 is so important the one that the council passed which is energy transition put forth a fl a plan so this happens and it's equitable because let's say you don't fund the system anymore and you don't want any more symptom system growth but you can't get certain parts of our city switched over to electric fast enough or what do we do are we just abandoning those customers and telling them well you know we can't repair it because eventually you won't need it again and that's not and and i really admire what you put forth in resolution 153 because you asked us that as a council you said we want to get a transition away from fossil fuels we want to encourage uh lower carbon emissions in our city but we also want to consider equity and impact to our citizens and particularly to our low to moderate income citizens and it actually calls that in the resolution saying do this responsibly because if i could turn off the switch tomorrow for fossil fuels we'd all do that um unfortunately it's just not possible there takes more infrastructure to be in place there's a lot that has to be planned um like you said just simple upgrades to a home to have the right kind of power coming in in order to electrify that's necessary and that doesn't exist in our lower income homes in the older parts of the neighborhood and then regarding the the equity comment i do want to mention yes this is a big change for the small commercial business class but the equity that or the in equity that exists is prior if you if you don't change the the structure is your residents are supporting that so you're telling your residential users um you're going to support uh because if we if we don't change this and we don't make the adjustments that's exactly what happens is our residential uni users will end up supporting this the commercial class and so i envy you on that decision because it is difficult it's very you know you telling business owners sorry we're going to have to implement the rate this is the cost of delivering the service to you and unfortunately that means they'll have to raise prices at one end at some point the citizens of the loft cruises have to pay for services and it could be my muffin costs a little bit more because of this in order for the small businesses to survive i don't know the answer to that that's a completely different economic picture but you're correct it's it's a tough tough position for all of you to be in justice i just wanted to point out i do think that it's important to include the decarbonization writer as a separate component of this rate review i think is part of the conversation and i do think that's on the would be on the agenda with when we consider this as part of a resolution which i think is aimed at sort of what you're articulating in terms of those things but i i sort of just want to elevate counselor ben coleman's comments i think that that there is kind of a it is a shock to me i understand rate shock is an official term but third 33 increase seems like a shock to me as someone who hasn't seen this inequitable distribution in the past as being on city council and knowing that that might have been part of the rate review 12 years ago when 11 years ago whenever it happened i do i would ask very strongly for a compromise position that reduces the the rate increase and doesn't shift that burden to residential folks but also doesn't disproportionately or perhaps proportionately in a historical perspective impact small businesses especially at this time i think i know it's kicking the can but and i know that we do have to pay for services but i really would like to see a reduced impact on those on those small businesses and in the resolution that would come before us so elsa thank you mayor um i also believe that that perhaps a compromise couldn't be reached but i am looking at kind of historically since i've come on council myself and counselor ben como have seen these increases in different areas that have to come back to us and what i keep hearing is that these things haven't been done in 10 years or 20 years and so that tells me that we haven't had a perhaps the a system which is probably easier for the residents and customers and users to have gradual increases so we're not going to these big extremes all the time or it feels like that way so looking forward if we can have you know perhaps some guides or guidance on like a 20-year or 30-year scope and so that we're knowing what to do i think that would be very helpful and good for businesses and residents to prepare for uh mr mayor councillor beta absolutely and that's exactly why our board even said you have to start reviewing these every four years you can't let it go i know for those of you who were here when we had to increase the water rates so significantly that was a tough decision it was really really difficult to put that on our system users but we can finally invest in the system again because of that yeah thank you so delaying you know delaying this not doing any sort of increases only extends what will have to be a fix later on and we've had some significant changes i know within the budget from personnel which was done rightfully so for changes for insurance and making sure we're paying equitable wages plus you have to fix a system those are costs that we can't get away from and so we're going to have to budget for that and so if we can find a compromise perhaps in some way but also look and i think this will be our challenge is to look really closely at those expenses and then recognize if we under budget and we have to do more emergency repairs if we have to do different items like that it will be more expensive for the user in the long run thank you mayor mayor pro tim thank you mayor thank you mr simpson for your um for your presentation i have a couple of questions for you if you don't mind delilah thank you yes ma'am mr simpson you spoke of the principle of gradualism and i'm um and then this notion of rate shock right and earlier i thought i heard that residents have more consumption gas consumption is that from your perspective and what you've seen accurate than the small commercial they have more consumption as a class just because there's so many more of them there's there's about thirty nine thousand uh residential customers and about just over 3 000 commercial customers so as a class they have a higher consumption per customer the small commercial class has a higher consumption okay thank you thank you for that and so so based on that and your expertise and experience com going to these meetings attending the board and and such and maybe this is i'll also ask the same question to delilah i've i've done some research and i just know just enough to be not very helpful i'm sure it's not my area um but i get the i get the feeling that we that there's all these principles and theories related to a public utility and when there's opportunity to or because it's out of necessity to raise those rates there's certain theories that are applied and i'm not sure that that's what goes on um at utility the utility board like do they have okay these are our principles we're going to stick with them when we did made that transition from the quasi right that quasi-operational component i don't know that as a council and i was here when dr garcia presented that i know that wasn't council's direction to them these are the principles as policy makers we're going to utilize when it comes time for you a rate increase now from your perspective are they operating under those certain principles and i'm not aware uh thank you councillor i think that they don't have the resources to to operate and apply all those principles the utilities board had a work session and discussed this for i think two hours i was allowed to speak for 10 minutes at that session but in contrast the el paso electric raid case that went on for many months there were literally thousands if not tens of thousands of pages of documentation that were prepared there were eight full days i believe of of hearings before the you know with different witnesses and and lawyers before the hearing examiner and then she had i think about six weeks to write her recommended decision taking everybody's written and oral testimony into account so and and she certainly had the resources and the time to apply rate making principles because they were they were described to her very extensively and she has experience in that realm but the utilities board did not have that same level of experience and that not that same level of information and certainly not the same level of balanced information from uh different sources where the the rate the revenue requirements for example are able to be questioned and the assumptions challenged and numbers adjusted accordingly thank you thank you for that i appreciate that thank you mr mayor mayor pro tem and that really does outline the difference when it comes to the process and what we do we follow the ordinance passed by the city council and and that's where we start and so this process started back in 2016 making those adjustments from that quasi-judicial process to what we do today which is just identifying the cost of service to each rate class and then applying that rate to them absolutely thank you delaila i appreciate that um you made so i in some of the questions i asked earlier were mr simpson from these these areas that that utilities is indicating need rehabilitation or or maintenance probably more rehab because they're lower pressure from your perspective as a utility expert do we have the the funding available for that well well it appears that we do i mean the data that i've seen is from fy20 and fy2021 and that data indicate that there is surplus revenue and surplus reserves director walsh gave some numbers verbally that indicated that there were not very large reserves but i you know without seeing those in the context of budgets and comp you know comparing expenses and revenues it's hard to evaluate anything other than you know having the complete context and the picture of the whole years of expenditures thank you thank you for that can i um address your earlier questions about about principles about rate making principles as i mentioned i referred to earlier there's really no scientifically correct way of allocating rates and and that's because there are a lot of uh principles that are sometimes contradictory and there's there's good reasons for thinking about things one way or another in this case what the utility did and what the what mr rabin's company did was assume that all the expenses for distribution were based on demand and that's not really a common way of allocating the rates you know in my nmsu class we did four different allocation methods for distribution costs and 100 demand was was not one of them new mexico gas company they did not they allocated 39 percent to customer and 61 to demand so that's not the way they did their design either so what i'm suggesting when we talk about small business customers being subsidized by somebody else that's really only if you take this one particular narrow interpretation and methodology of allocating rates you know in that so it's it's really kind of a stretch to say that that small businesses have been subsidized by anybody else in the past i think that's also why if you look at the rates the current rates small businesses pay quite a bit less than residential and then in the future rates under this proposal their rates go up um you know it's what it's quite a bit more than a dollar a deca therm while residential rates stay the same so that's that's sort of hard to uh hard to digest that in in my contention is it's really kind of due to a sort of somewhat arbitrary rate design and again i think that needs to be fixed whether that's through a totally different allocation or perhaps an adjustment that just sort of you know chops off the top of that expensive rate increase on small businesses thank you mr simpson um yeah i this is really tough this is hard and i can i can appreciate everybody's feedback here on council and what i've read and and the present presentations um i we talk a lot about equity here and i i know that um a good portion of our our community are in poverty and this is gonna it's it's going i certainly don't want the majority of this rate increase to to hit our our residents nor our small business but i don't know that they're out there they're not the same right they're up there's apple and oranges and so some of the slides are confusing because there's all this other stuff just like you've mentioned right and and i hope that's not by design but i i certainly am very concerned about when i hear things like low pressure especially in areas um i love mr garcia when you said one customer is too much when you don't get the service that that that you need absolutely i i agree with that but i also feel like council is given a mandate and and i feel about about um you know our climate um reform and and things of that of that nature that i feel like i'm i'm really wanting more information i i really feel like we need the energy transition plan before we make a decision um and and i i think if we could get that within the next 18 months i don't know how how feasible that is but that's sort of where i'm leaning before we make a decision um like this um and i and i agree that if if that's something that we can work on but also compromise and and your number two slide mr simpson is something that we might consider um it and that's sort of where i'm where i'm i'm headed um frankly um so thank you mayor okay so let me just ask a couple questions probably of you or delilah so i can't remember when it was i know it was scheduled for ifo delilah yourself and me to we had a zoom but was that the ending of the year or beginning of this year i believe that was the end of september was it that long okay so there uh i don't think so i don't know but there was a there was a document that that was given i think you gave it to the utilities board and it was dated on 11 15 2021 and in there you had gas development line extension and you had a lot of money and and i appreciate you taking it out because that's what the brunt of our conversation was i think that's what council is talking about but can you recall what um what percent you were asking for back then was it the same as it is now no okay mr barrier i believe the those expenses have been removed so the percentage increase went from 22 down to like 14 overall revenue well no i'm talking about the rate increase yes sir the the rate increase is a little harder to it it sort of depends on how you look at it and whether you include it whether you're looking at a monthly bill impact but in terms of the overall revenue the overall rate the overall revenue increase which means which equates to overall rate increase was 22 percent and now it's like 14. it has been reduced because of the gas line extensions do you concur with that mr mayor yes sir i believe the small commercial at the time was close to a gosh almost a 40 increase recommendation and this dropped down 45 yeah it was it was 40 45 that would have been the rate recommendation had we kept all those extensions in however we did remove that right okay so that so it was 40 to 45 see i couldn't find that i i found the documents you're talking about but i couldn't i couldn't remember the on this other handout that we had because it was dated on 11 15. so our meeting had to have taken place after that it couldn't have taken before that yes sir you're right i'm i'm not sure what i'm recollecting and the number is was 42.7 percent average bill impact on small course now it was 35 and that was what you were wanting to be phased in over three years at that time so okay so um and now you're you're you're requesting thirty percent mr mayor that's correct over a three year time period over a three year time period okay so that that's what i wanted to clarify because i was looking at the paper the documents that's that was sent it was by it was sent by christine and not by you so i'm sorry about that so if i i was able to find that there so i'm looking at it and and so and yes you're right there is no gas um extension so that's good and and i think after listening to my colleagues here so you're saying um the model that you have presented is based on 30 there's nothing that that shows what it would look like if we were to do i don't know 21 which is basically seven percent each year that that that's not feasible mr mayor it's something that we could present to you if you want us to do those calculations on what the revenue would generate well i think i think what what i'm hearing at least that's what i thought i heard from my colleagues is that i think they recognize the need um and i think you've clarified that there are no gas extensions which is good i think mr simpson this is yours right here right where it says maximum reincrease of 20 or who wrote this right here this alternatives for consideration yes sir that that was my uh sort of a compromise and so i just rounded it up to one percent so it makes us even seven percent each year instead of ten percent so that's nine percent less and what what is being asked for by utilities and close enough to what you had suggested and i don't know if it's something that my colleagues would support but i think if um that's a that's kind of a compromise it's not like councilor bincomo said it's not like exactly what you want it's not exactly what we wanted but it's something we're in the middle thank you mr mayor and i would like the opportunity to respond to mr simpson's report once we have a chance please so grant rabin with new gin strategies and solutions again um first of all just a few comments on the discussion that's taken part so far um just for clarity um you know the the roughly thirty percent increase that we're talking about for small commercial is not a thirty percent increase in the bill we're talking about a subset of the bill that is the base rate portion it doesn't include the glass commodity which is you know a big portion of the overall bill so the bill that the customer receives is not going to go up by bad percent a portion of the bill is going to go up by that percentage under the proposal so important to keep in mind for context in just a few notes you know i know there were some questions raised about what a commission might do in my experience commissions rely heavily on cost of service as a guiding principle amongst other considerations but the driving to cost of service is often one of the major guideposts they use for decision making i also say that it is substantially more common for a municipally owned utility to endeavor to use a process like what we have used here or something even perhaps less formal than this to review utility rates i only know one other utility in the country that uses the quasi-judicial system that you guys had previously used 10 or so years ago that is very uncommon in in the industry in my experience simpson did comment on the financial health of the utility um and i guess some of his comments uh on the reserve balances i think are influenced by um by an accounting number versus a cash number i think miss walsh can tell you what the cash balance available to the utility is currently at this time it looks very different than what the accounting basis numbers that were previously being looked at on the slide um another thing that is important to keep in mind um mr simpson did rightly point out um you know what happened in fiscal year 2021 compared to revenues critically from my perspective is the question of whether or not the spending in fiscal year 2021 was sustainable for the utility and ms walsh has made a contention that it's not sustainable i know that they they were required they were needed to reduce funding or spending in order to right-size their spending to the revenues that were coming in that level of spending is not sustainable to keep the utility operating in a safe and efficient manner even if there is going to be a time when the gas utility is is turned off that time is not tomorrow and and between now and then you have to be able to provide safe reliable service to these customers and that requires you to be able to make these investments into the utility on an annual basis and not defer maintenance and investments in the system because the funding is not there you won't be able to make it to that eventual end state in a safe reliable manner unless you maintain the utility appropriately with what you have and i'm very concerned that a decision to mitigate what has already been a reduced request from the utility is going to threaten the ability of the utility to be able to maintain that system in a safe and reliable manner as you transition to whatever your end state would be the uh mr uh simpson did make an observation about the methodology uh not being set in stone or what there being one particular method utilized for developing cost of service and that is true there is more than one way to develop cost of service in my experience the reason that some of the other methodologies are used like minimum system or some others that might be endeavored to do is sometimes in recognition of lack of data available to be able to make the proper analysis and to utilize those other alternatives the the methodology that we employed to be able to assess the cost of service for this utility in this process was predicated upon the cost of designing and operating the system to meet the peak demands in the winter months for all the gas customers that's the cause the the utilities represented to me on many occasions in many different ways that they are operating and investing in the system to be able to meet the peak demand in the winter months so we're assigning costs to customers based on that peak demand that is connecting cost causation with cost allocation and in my opinion is the most appropriate way for us to be able to to develop the cost of service mr simpson did rightly point out the concerns over ray chalk and so that it is it is certainly true that you need to be concerned about rate shock and the gradualism of increasing rates however we have the utility has already allowed for a gradual plan of increasing rates gradually over three years instead of all at once it's going to happen after the dollar and 69 per deca therm surcharge that customers are paying right now goes away so even at the eventual state i would suggest that most customers are going to see a decrease in their bill compared to what they're paying today on that gas bill so the the arguments about gradualism fall a little flat for me in recognition of the three-year phase in and the fact that they're paying higher bills now than what they would be paying under our proposal so i think at the end of the day the the the governing board of the utility needs to make a determination about whether or not they are going to charge what is the identified cost of service to each customer class and it is a policy decision for you guys to make but if you but and there is certainly a recognition of gradualism and a pathway to get there eventually not all at once all today but if you're not going to eventually get these customer classes to cost of service which part of the reason why small commercial has such a big distance ago right now is they're so far from cost of service to begin with if you're not going to eventually move them to cost of service you in my opinion you need to make a policy decision that says we're not going to put you all the way to cost of service for various policy reasons and we identify where's the funding going to come from to make up the shortfall so it is in my view completely acceptable for you guys as a body in your purview to make a decision to not take customers all the way to cost of service but in my view it's also incumbent upon you in that eventuality to identify who's going to pay more in order to accommodate that policy decision and my last comment is i think mr simpson made a a comment about arbitrary nature of the rate design and i would suggest to you that the most arbitrary of rate designs is the one that's not tethered in some way to cost a service the cost of what it provides the cost of what it costs the utility to provide service should be the guidepost by which you can determine what you should be charging customers and so to not be connected or aligned with cost of service would be in my view be the most arbitrary great design of all okay well thank you for that um so let me just share with you some some comments that you know i was holding i was reserving for a bit until i could clarify whether or not and and i appreciate uh staff and and delilah to verify that there was no gas line extensions so when i first came on board on to the city back in early 2001 there was a the city was in partnership with a company well we had a company actually believe it or not we had a partnership with the city of hatch it's called the rio grande natural gas association it was interesting about that is the board much like many of you sit on and many that we appoint this board was paid they the chairman got 750 a month i think and the other members got 250 a month imagine in 2000 2001. i need to say it was a very popular board and who wanted to be on that board and so you know one of the things that that we have to do i mean even though i appoint my colleagues to this utilities commission um i always tell them you know what it's probably gonna be you're gonna probably be here for at least your term because it's very technical and this is our my you know other than counselor ben cuomo and i think a beta to sit on there maybe one more um this is our only time to to question and i know there's perhaps it may be redundant but i mean we have to do our best to look out for the ratepayer the taxpayer and the resident but what i was going to tell you was the reason why we we split with the town of hatch is because dr garcia said you know what um we're gonna have to do some upgrades we're gonna do some some some serious upgrades to this gas system that we have and and um patch didn't want to do it so we ended up that's when we divided it they took their portion we took our portion we did our best and we took a lot of different you know we tried to keep it obviously close to las cruces and they kept it close to the hatch and then about a year or two later they sold it to a private company and guess what they did they had to raise rates because they had to redo the rehab on those lines so one of the things that we're very fortunate of and we have to rely on our on our staff they're the professionals and you know we get a chance to question as much as we can and see if they um eventually say well you know what they didn't you know they kept they kept steady at this so i guess what i'm trying to say is i don't want us to have i mean i'm sure you've seen this back east and it happens a lot back east you know all of a sudden the house blows up because of the the lines are old and and we're fortunate that we don't have that and i don't want to have that and we can't have that and and so we need to do that's why they elect us we have to make the hard choices but i would like uh with your concurrence that staff bring back two two proposals one at twenty one percent and one to thirty percent and then let us see how it looks and just go from there and you bring back please the the actual uh mechanism how it's going to look with with both uh increases and then also i guess and i'm glad you clarified this uh sir i i you know again just i took at the impression that it was going to go up by that much if you're saying that that it's actually be less let's call that the street rate okay please include the street rate what it's going to be when it hits the street as opposed to what the increase is and maybe in in the price of gas if you could do that and then that allows us council to at least have a more of an opportunity to to digest it and and make the appropriate um you know support or not good counselor flores uh thank you mr mayor i i believe if i understand what you're saying is um mr raven indicated that uh only that 30 percent only applied increase only applied to a certain line item on the bill for lack of a better word is that what you're referring to mr mayor well that was i was my understanding it was an increase over a period of three years yes over a period of three years and only it's not the entire bill that's 30 percent that's correct so we were talking about the base rate portion of the bill which is the access charge on the volume charge that does not include the cost of the actual gas that you're being supplied and so we're talking about a a portion of a bill of the bill overall that will increase over three years by 30 percent and will at the end of that increase likely be less than what the bill is today because of the removal of the uh surcharge that's currently being charged to customers and yes thank you mr evan and i think what mr mayor is what the mayor's asking for is that we get presented with a sample of what a bill would look like and i think also a sampling perhaps of what a small business would be facing what a community a home user in a lower economic area and say someone living in a million dollar house or 500 000 house and sonoma ranch would be paying to see what the equity or inequity uh would be uh things like that i think that we just want to make sure that um everyone's gonna if we're going to be having a rate increase let's make it equitable and then that's i think the information we would need before we could proceed thank you mr mayor and thank you mr evan thank you councillor so if that is uh meets with your uh support and i think that's what we should just have them bring back yeah well we can't vote but i think i can see the heads nodding yes okay anything else i appreciate mr simpson as a member of the public i know this interests you and i appreciate you and what you're doing to try to help and and provide assistance to us one of the reasons why i supported the the you know years ago believe it or not we used to have to do this and that's when dr garcia said you know let's go to this other model here so that we appoint some council members so they can get that technical knowledge so that you know you you hear it and then bring it back to council instead of us spending you know we haven't spent all day but you know spending all day questioning why we should do this or not but you know and we do have well i know i see one of the commissioners here we do have members of the public you know they're not connected they do have some we have to have some technical knowledge to sit on that board and we appreciate uh mr little as well as others that that volunteer their service to the city to help protect the ratepayer you were going to say something mr simpson yes mr mayor i did not want to sit down without thanking you and and the council for your your attention and your your forbearance and listening to me um mr mayor though i would like to ask a kind of a clarification question about your uh proposal um so are you i think you're referring to the the average small commercial bill impact of 33.3 after three years correct and you're suggesting that instead of ten or eleven percent a year that that rate increase be seven percent so in other words the at the end of that the small commercial customers would see a overall rate increase in other words they're getting their overall rates are not going up as much after three years that's correct but um and i'm sorry sir what is your last name again raven raven so mr rabin aka houdini i want to see how it goes down if we were to do the increase because that's an incredible i mean that's almost like why would we not support that if it's going to go down if we that's why i want to i want to see that but that's why i was asking if they could bring both models to us but yes you're absolutely right that's what that's what i'm what i'm thinking because worst case scenario i mean appreciate our small businesses so much but everything relative the the residents they don't have that ability if they needed to to pass out that increase on businesses do i'm not saying that they need to i'm just saying if everything equal that's why we have to do our best to protect the residential and if we can we can take a look at the plan for the small business okay but again i still got to see where if we were to move this why why wouldn't we do this if it means that it goes down you know what i'm saying so i that is i'm looking forward to that that presentation yes sir i think uh well maybe delilah wants to clarify that for you sir thank you thank you so mr moving forward um the bottom line is we need 1.46 million so so that's that's the bottom line if you don't want to have the small businesses experience a 30 increase and would prefer 21 increase then the direction i need from you is where do i get the rest of the money so there's no there's no excuse me how much is the rest of the money what is the difference oh i don't know what that dollar amount is i'll have to look at but i need to know where to get the rest of the 1.46 million because if we don't increase by the 30 percent recommended rate and we maybe do 20 or 21 to the small business rate class i still need to recover the difference from a different rate class and so that's the direction i would need okay so just roughly you would you would that would bring in two-thirds of this give or take of the 1.46 million because if you're saying that the 33 brings in 1.46 million then i don't know what the number is because it also we you know there's other customer classes besides small commercial that are experiencing great adjustments so on balance i'm not sure what proportion is coming from you know the small commercial class compared to to the rest i mean i guess my my suggestion is that as as ms walsh has pointed out the revenue requirement itself in terms of what is identified as being necessary to keep the utility operating good working condition and repaired and in in good operations is it requires at least this 1.46 arguably more because we're two years behind but at least that much and so if we're going to short if we're not as a policy decision not recover some portion which i can identify what the math says the dollar amount is but whatever that dollar amount is if we're not going to recover from small commercial as a policy where should we look to recover that from from other customers no i hear you i understand what you're saying i just wanted to know what am i you're talking about and i just did a real just a real quick math and so i'm looking at roughly you'd be out about 500 000 give or take so you know then that's why if you have a chance when you bring it back to council we can make the decision if um do we move forward with what you proposed but so mr even help me understand how if we were to pass this it'd actually be cheaper maybe so i think the cheaper part is you're currently assessing one dollar and 69 cents per decade therm to all customers across the entire system to recover the unusual cost of gas during winter storm yuri last february one year ago that that is projected to eventually be paid off this summer and and we as part of the accommodations to the reproposal it was decided that if these rates were adopted they would not be start increasing these rates until after that fee had gone away so the mere fact that that fee goes away is going to overshadow the amount of this increase that we're proposing that's going to be increased over three years so at the end of the three years when you get to the ultimate rate proposal it would still be less of a bill impact than what they're seeing today because of the 1.69 uh per deca therm feed that is on everyone's bill that will be going away this summer okay well i think one of the council members suggested that you bring an actual bill and i see what you're saying it's much like our geo bond you know after we pay it off we can go out there again and it's not going to increase because it's already been but you know it's already it's already in the uh in the the amount that's uh being being uh taxed so i see what you're saying now now i understand i was thinking how can you do that but um okay so if you can if you can bring those back that would be beneficial because i think that that would be very helpful and um you know worst case scenario you know you never know a council could decide to pluck that 500 000 somewhere from some place just for this one year i mean right now it's just there's just so much being hit by not just um regular you know residents but businesses alike from you know i was just noticing uh just the other day their cost of you know to repair your shoes went up because of everything it's just going and just keep compounding it so if we were to hypothetically make up that first one year increase of the half a million and then but but let's just see how it looks let's just you know when we can see it and understand it makes things a lot better since we're all public uh officials pull up one of our own uh utility bill and have it there yeah that way there you can use one of ours yeah show it yeah yeah that way that we take a look at it thank you mr mayor and and counselors and as i mentioned before it there is no easy answer that you you know it does cost more to do business our goal of course is to be as efficient as possible and we'll keep working to that end but at the end of the day it takes money for us to maintain everything in the city and i know counselors you've all seen this over and over and over again when we come back to you for change orders because equipment went up i'll give you an example uh you know mr simpson was talking about trucks trucks are so expensive right now just because of the costs and the demand right now even in solid waste i had to order a chassis last december to get it delivered for next year and i had to make that commitment to the purchase because of the demand and the fact that we had to do an adjustment we had to change our quotes and that's just the reality of everything that we're doing today understood yeah i just uh and again i appreciate you making sure that the gas line extensions were removed so that's good okay so thank you very much everyone thank you for your presentation thank you for your time and all the effort you put in mr simpson we appreciate it all right so next item is going to be the uh geo bond quarterly update mr david cedillo and tony hello and tony trevino looks like he's coming i was just there for moral support good afternoon mayor and council david seville public works director and i will be going over the go bond program update for you today we start off with the hadley recreation complex as we let the council know the last quarterly meeting this part of question one completed early you will see that that did finish in quarter three of 2021 we wanted to share these wonderful pictures of those improvements to all those facilities there but more importantly also report on the contract amount which was three million seven hundred fifty nine thousand dollars and of that all of it was spent for this portion of question one also part of question one is a park and sports courts this project started in october of 2020 we're at about 89 percent complete it is scheduled to be completed in april so we do have one item remaining and that is some erosion improvements out by the big pavilion out at young park if you look at the photos that we have here there is erosion coming down from that pavilion onto the trail and then down on into the pond that's the only item that remains once that is completed the project will be done i will want to note that this work will not take place until after spring break the reason for that is parks and rec does have some activities scheduled for that large pavilion so we don't want to impact those activities we want to have them have them perform do whatever they need to do that they have scheduled and then we will move forward with the construction again as a reminder the parks that have been completed under this question are hillrise lions papen apollaka so now we do want to move into that portion that we do report on with percent billings and time and also what was planned and what actual costs are those are the two graphs that council is most familiar with and we've been seeing however we did add based on recommendations were to come back and say what are those costs and what have been spent to date i will point out at the top you will see that bar graph or that chart that shows that this is scheduled to be completed in quarter two of year this year 2022. at this point that contract amount is one million eight hundred twenty six thousand three hundred and twenty two dollars of that spent to date is one million six hundred thirty eight hundred fifty two dollars the chart on the left is simply showing the amount spent so as far as billing goes we're 89 bit with an 85 percent time on the contract itself the graph to the right you will see the red line our actuals the blue are the projected from before we started the projects and you will see that that line is steady the red line that is because we've been working on the design and cost for that erosion work out at young park next we have unidath park this project did start construction on january 12 we're 43 percent complete and i will detail a little bit more on the next slide about that 43 we have an estimated completion date of july 5th of this year as you can see some of those pictures right there are a little heartbreaking but we do want to focus that this will be a new and improved park for our community you will see that the wood structure and concrete footings have been demolished and they're also proceeding with earth work and utilities as we go through there as well again you will notice up at the top the bar chart for the completion that is scheduled to be completed in this year quarter three just into quarter three in july on the left again you will see those billings versus time and on the right the projections now i do want to speak a little bit too how those percentages are high those are based on purchases that the city has made for the project so since the city has already purchased the playground equipment and the splash pad equipment that has elevated the dollars spent on that contract hence 43 of the billings for that as we go through up top you will see the contracted amounts 1 million 844 412 dollars of that spent to date seven hundred and eighty five thousand next project in question one we have the east mesa public rec complex this was approved january 12th the estimated completion date is december 31st as we move forward we did have a groundbreaking ceremony this month on the 15th and thank you for those who attended a little windy that day but overall a well-attended groundbreaking ceremony the contractor will be working on clearing and grubbing the site this week now i do want to note we didn't have any pictures obviously because they'll be getting work this week but we did want to incorporate some of the work that the same contractor who was awarded the road project that leads to the park on sonora springs we did want to show some progress on on that as well too lastly we have the dog parks in question one i do want to remind council that we did decide to incorporate the dog parks with the construction of the animal services center now that doesn't mean that the funds are coming in from anywhere else they're coming from question one it was just going to be more efficient to have those included with that project to move it forward so you will see a little bit of information from this slide to the next but the project started in june of last year and we have an estimated completion date of september this year for the dog park at rinconada we're nearly complete with the earth work the carbon gutter is complete for the parking area under installing fencing for burn lake we're nearly complete with the earthwork as well at 95 percent sidewalks and fencing are being installed along with utilities as mentioned before you're going to have the same timelines with the animal services center for question two is the dog park since they were combined the project overall is 44 complete you can see the items that we have completed through there i do want to point out that we do have the exterior wall framing which is a hundred percent complete and then you can see the structural members at seventy percent which you can see the bar joists going across for the roof supports also we have the structure for the main entrance there as well along with that the dog pods are continuing work with the cmu or a cement mortar unit those are more commonly known as cinder block and also you'll see in the top left corner work continues with electrical plumbing and other interior framing again we have your graphs for both billing and time and what that is projected the graph on the right you will notice that the actuals are a little bit lower than what was projected as we continue to move forward with construction you will see that gap close as we near completion of that projected item the contract amount for both of these projects again these are combined is nine million nine hundred twenty thousand four hundred forty dollars spent to date is four million three hundred eighty six thousand five hundred and eighty five fire station number three we do have ninety seven percent of completion our original completion date for this project was january 20th we do have a revised date and i'll explain that here in a little bit more in detail the project however did reach a temporary certificate of occupancy on january 11th since then a walk through and a punch list has been done for the project also the general contractor has trained city staff on some of those items that they have in the building now some of those items that are remaining and why that was extended out till the end of march the gate operation installation that was actually recently completed by the time the presentation was done but we do have delays we have delays indoor hardware and some security items such as cameras that is for your access control and video security as mentioned in the discussion just a while ago not only cost but we are also experiencing delays with deliveries of materials that is the cause for this this was outside the contractors realm they didn't have no control over this how but again they did have meet the obligation of getting substantial completion of a temporary co another item that we do have is the photovoltaic array connection that has to be done by el paso electric that has been scheduled and they should be getting that done before the end of march and then lastly we have some landscape items i did want to share some very nice pictures of that facility itself you will see over on the left which is going to be on the east side of the building or basically the rear of the building as it goes through that area that's going to be accessible to the fire department in the middle you can see the front entrance to the building itself that pond that you see out down towards the bottom that's some areas that will have some landscaping that will come in with some plantings when this picture was taken they do already have some rock landscaping in there as well and then over to the right you can see the beautiful finishes of the interior of the building again wanted to show you those graphs with billing and then those projections of actuals to proposed very close we are as noted 97 complete with the billings the 86 percent that you see there is the adjusted for the end of march the contract amount for this is 5 million 110 of that 4 million 9555 has been spent our last project that we have here is the walking jogging biking trails for question four that project began in april of last year 95 complete and they are estimated to be completed by the end of april again quarter two of this year on that bar graph up above so for this the messiah drain has reached substantial completion and a punch list and walk through of the improvements has been done that was as of january 6th the las cruces and armijo drainage trail those continue to have signage installed bike lanes and crosswalk markings installations once they complete those we'll reach substantial completion and then go through a walk through again i do want to point out the graphs that councils familiar with i do want to highlight this project from the billing standpoint has been ahead of those projected all along we do it looks like we may be able to finish early but again we'll see how the work continues to date the contract for that is two million two hundred ninety thousand seven hundred ninety two dollars of that we've spent two million seventy nine thousand three hundred fifty six going over the program budget here is all of those costs that were reported on that uh based from in detail for each question again this slide you will remember multiple projects are under question one and then we have question two three and four that are listed there i do wanna note that council did approve arpa funding in the amount of 4.1 million that was approved last august at this point no arpa funding has been spent although as those dollars get spent they will be included in the quarterly report lastly just another look of compiling all those project schedules with their end date and where they're at at this point in time and then the last two slides broke it down uh for the overall again this is the actuals to proposed based on all of the billings that have happened on all of the projects and what was estimated as you can see they're a little bit low at this point in time right now but as we move forward with some of the larger projects expenses such as finishing out the animal service center and the east mesa public wreck we will start to see that gap close this last graph basically just shows the exact same thing we're at 60 percent spent at this time time wise about 77 spent overall with that uh both eye and staff are available for any questions that you may have thanks david councillor flotus thank you mr mayor and thank you mr cedillo my concern is that we're overall about done with most of our projects and do we have all our materials already purchased for those projects because i know that early on a lot of those had to be adjusted like the design of the animal service center had to be changed because of the price and materials so are we in a position where we still might be facing uh skyrocketing prices and lumber or whatever materials mayor councillor flores great question an example obviously we've already purchased the equipment for unidath park which is both the splash pad and the playground we did recognize those items right so we wanted to move early on those the only thing that may impact as we move forward is the equipment for the east mesa public wreck with it with the park however we are looking into those items and seeing what we can do to get ahead of those costs as far as those prices skyrocketing again we're not seeing much relief from a lot of material costs now we're obviously seeing a lot of delivery delays but we're working to minimize those impacts and in the event um that the the amount of the money that still remains each project had an allocation of funds say for example one of the projects has um a doesn't spend all of its money for whatever reason and another project falls short can those funds be transferred or no mayor councillor flores yes for those projects that are encompassed with question one those funds can revert back from project project however for the funds that were specifically approved for questions two three and four those need to remain with that project okay then my next question is uh in the fire station number three i didn't see that tall wall where the art project would be going up the public art oh maybe maybe the sketches were different or maybe it made the building look taller and the reality is or or was or was the building actually redesigned as was the animal service center building mayor councillor flores tony has a little bit more information on the art piece itself so i'm going to let him answer that great so it's his fault he i knew it tell me i knew it thank you thank you for the love thank you just for that let me erase this a little bit um mayor councillor forest good afternoon tony trevino for the record uh no that middle piece that you're referring to is there let me come back to here i think since these are just actual photos we didn't really get a good photo of the front but if you can see where my mouse is that portion is that tower area that the art piece will go around and i know um staff is working with the artboard to get that installed here shortly great and then um and then the artwork will be going up as soon as everything's done um massa menos merry concert photos as soon as that art piece is um ready to go we'll be installed for that so there is no waiting on whether the project is open the public or anything else it's just as soon as that piece is ready we will get it installed great thank you very much thank you mr cedillo and thank you mr trevino real quick before i get to council become who's the contractor on this they put it up pretty quick looks real nice uh mayor this is james james james corporation who is also doing the animal service in france they did our city hall they did our aquatic center convention center yes sir councilman counselor beta thank you mayor and thank you gentlemen for the presentation yes i couldn't agree more this is gorgeous my only question is is there a possibility that the arpa funds allocated for some of these projects will not be used mayor councillor ben como no i believe all the funds for the arpa will be utilized okay i don't think we're going to have an issue with that okay thank you councillor beta thank you mary and thank you mr siddio as we are looking into going into our potentially our next bond cycle i was curious if we're going to have these types of slides available at that those public meetings that will be coming up soon so that we can share with the public that we're in many of these cases really ahead of schedule and kind of what their their dollars have been going towards mayor councillor beta yes ma'am we can definitely provide some of these slides as we move through that process okay great thank you i think actually that would be really helpful if we're asking them to reallocate that funding that we're showing them what it went for um and then yeah i think that's it so thank you very much thank you i'm thank you thank you david and tony for the presentation um can you refresh my memory specifically to the yapobaka park um work what the money went through in total mayor mayor pro tem yes the scope of work that was allocated for apolloka park included the expansion on two sides it included repairing the court surface as it was and then applying three layers of coating colored to meet the actual court sizes per specifications of the u.s pickleball court association it also included improvements of the wind fans all the way around out there the relocation of two of some lights that were on the park with the extension of the concrete to the east and west and we also had improvements to interior fence in between the courts as well too that was on the court itself so there were a couple of improvements off-site and that was to provide a simple shade structure over some equipment adjacent to the court say that last part again david i didn't hear you yes there was a small structure a shade structure that was installed over some existing equipment adjacent to the court the playground yes ma'am yes thank you thank you and what's the total the total amount for that project itself i don't have that in front of me but i can get that uh over to you unless tony has a dollar amount because it was incorporated with the whole the whole thing yes ma'am i just i just if you could do that that would i would appreciate that thank you yes thank you mayor okay looks like everyone's had their questions answered so good job i still appreciate you all working through especially march 2020 you know covet i mean goodness you just guys just kept working so it's coming along good appreciate it thank you mary thank you council okay if there's nothing further entertaining motion to adjourn second by flores a motion made by mayor gandala second by counselor flotus said we adjourn christine this is on the motion to adjourn the work session counselor beta yes councillor graham yes counselor ben como yes councillor koran yes councillor flores yes councillor gandara yes mayor yes okay we're adjourned it's 4 26 p.m all right thank you and uh i'm going to be ready for the agenda setting here okay this is the agenda setting meeting for our march 7th 2022. chief can you hold on for before you leave please i just wanted to talk with you and ifo and all right number one nice try you almost got through number one consent one consent two non-consent two non-consent three non-consent three non-consent for non-consent for non-consensus five non-consent five non-consent okay oh me