By Karen Gleason
The 830 Times
City council members clarified language in the city’s calculation of sewer rates to include
a method known as “winter averaging” during a special meeting Friday afternoon.
The council members took action after City Manager Shawna Burkhart told them “winter
averaging methodology” was mistakenly taken out of calculations of customers’ sewer
rates.
The council also first listened to citizen complaints about new water and sewer rates that
began Oct. 1.
It was standing room only in council chambers at City Hall when the 4 p.m. meeting
began. More than 100 citizens filled the seats and stood along the sides of the chambers
and in the hall outside. All were present to protest steep increases in the water and
wastewater bills they had recently received. Those bills were the first reflecting the city’s
new water and sewer rates, which city council members had approved earlier in the year.
After 40 minutes of listening to individual complaints from citizens who had signed up to
speak during the “Citizen Comments” portion of the short agenda (see separate story),
City Secretary Mari Acosta read the heading of the first of two items on the council
agenda – an ordinance amending the city’s code of ordinances “to clarify language
relating to wastewater billing practices; providing for incorporation of winter averaging
rates.”
Before Mayor Al Arreola called for a motion and second on the ordinance, he asked
Burkhart if she had a presentation.
Burkhart indicated she did and told the council and audience she wanted to go over the
changes in water and sewer rates.
“I know the (agenda) items are (about) sewer, but what everybody keeps referring to is a
water issue. I want to share with everyone the different changes in the water bill for this
month,” Burkhart said.
Burkhart said the new rates included “water conservation pricing.”
“The more you use, the more you pay,” Burkhart said.
She noted that in addition to the major increases in water and wastewater rates, “winter
averaging dropped off.”
The city manager said she took responsibility for dropping the winter averaging.
“I take full responsibility for, a failure of communication, a failure of discernment, on the
magnitude of the decision and that decision being made in a short timeframe during the
budget season between myself and the finance director,” Burkhart said.
Winter averaging was described in the council’s informational packet as “calculating
residential sewer charges based on average water usage during the winter months
December through February.”
“This method helps reduce seasonal billing spikes by assuming that most winter water
use enters the sewer system, providing a more accurate basis for year-round wastewater
billing,” the information in the packet noted.
Burkhart told the council Friday the action it was being asked to take would re-establish
winter averaging.
Burkhart then turned the presentation over to Assistant City Manager Manuel Chavez,
who showed examples of winter averaging that was “left off” Del Rioans’ current bills.
Chavez said the four examples he would present were actual bills sent out to Del Rio
customers.
After Chavez finished with his detailed presentation, Burkhart also addressed a question
posed by a citizen about the water projects the city would undertake to be paid for with
the new rates. She said those projects include a new municipal water well, reconstruction
of a wall around the East Springs, one of the two sources of the city’s drinking water, and
expansion of the city’s water treatment plant filtration system.
Burkhart said, “Those are the projects solely for the water debt that has been issued to
date and all of those are critical functions.”
She said in addition, on the sewer side of operations, the city is planning to increase the
size of a sewer line serving north Del Rio. She said the city currently has $8 million to
fund the expansion, but $29 and $30 million remains unfunded.
After Burkhart finished, Arreola said, “I think one of the concerns a lot of the citizens
here is on the bill they currently have in their hands. If you were going to proceed and put
(back) the winter average, how long would that take them to see that in their bills?”
Burkhart said the change would take about a week, then asked Chavez for more detail.
Chavez said depending on the council’s action on the ordinances, the winter averaging
would be “applied immediately.”
“What about the bill they currently have?. . . What are we going to do about those?”
Arreola asked.
Burkhart said, “The bills currently are accurate to the ordinances approved to date. So if
we are to work with our citizens and businesses on something, it’s going to be difficult to
make that decision. What I would suggest if we were in that situation, we would first call
Tyler Tech, see if they can put back in the winter averaging, which only affects
residential customers. . . the business community would not be affected, because all
business accounts are volumetric, and residential is the only one affected by winter
averaging.
“So we would ask Tyler Tech if they could do a mass migration back to last year’s rate,
but I’m not sure that is legal under the Public Utilities Commission,” Burkhart said.
One of the city’s utility billing supervisors also spoke to the council, saying staff could do
it, but that it would be time-consuming “to change the rates back, but can it be done,
yes.”
City Attorney Ana Markowski Smith said the council would need to make “some
findings” before any refunds could be given.
Arreola then asked council members for their comments and questions.
Mayor Pro-tem Jim DeReus said it was his understanding, in reviewing the water and
sewer rate hike ordinances passed by council, that winter averaging was to have remained
in effect.
DeReus added, “. . . none of us are happy about the increase that we feel was required for
these (water and sewer) projects, but that was the ordinance that we all passed.”
DeReus also said, “There was an utter lack of communication about what turns out to be
a significant change. There was also mention of how are we letting people know, making
people aware” of the changes.
DeReus suggested using the utility bill itself to send information to customers.
“I don’t know what the actual legal requirement is to do it, I just know we need to do it.
We need to give a refund for people, because people are being charged because we
collectively screwed up. We made a mistake. We need to make it right,” DeReus said, to
scattered applause.
DeReus added he does not want “people cut off” and said the city needs to work with
those people, but pointed out customers should pay the undisputed portion of their bills.
Councilman Randy Quiñones thanked Burkhart for acknowledging her mistake and
agreed with DeReus that the city “needs to fix it.”
Councilman Jesus Lopez Jr. said several years ago, Del Rioans had issues with high
water bills, and assured the audience the city would work with them on their current
issues. He said he appreciated citizens speaking out and asked for their patience, noting
the utility billing department would likely have to meet with citizens one-on-one.
Councilwoman Ernestina “Tina” Martinez also said the city “needs to work with the
people.”
After the council members spoke, Arreola told audience members their voices were
heard.
After hearing again from a citizen who had spoken earlier, Arreola asked for a motion on
the first ordinance on the agenda. DeReus made a motion to approve the ordinance to
reinstate the winter averaging. Lopez gave the second, and the council passed the motion
unanimously.
Acosta then read the heading of the second ordinance, which amends the city’s fee
schedule “by including a new methodology of (waste)water winter averaging to calculate
the sewer (wastewater) rate. . .”
Quiñones made a motion to approve the ordinance, and Martinez gave the second. The
council members present unanimously approved the ordinance.
After the votes, the mayor recognized several citizens from the audience who wanted to
ask follow-up questions or make additional statements.
The writer can be reached at delriomagnoliafan@gmail.com
