HomeMy WebLinkAboutMemo - Mail Packet - 6/15/2021 - Memorandum From Lance Smith Re: Council Follow Up On Emergency Rules And Regulation No. 2021-01 Permitting Utility Billing Payment Plans For Past Due Accounts (5)
Utilities
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222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
M E M O R A N D U M
DATE: June 10, 2021
TO: Mayor Arndt and Councilmembers
FROM: Lance Smith, Utilities Strategic Finance Director
THROUGH: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Theresa Connor, Interim Utilities Executive Director
RE: Council Follow Up on Emergency Rule and Regulation No. 2021-01 Permitting
Utility Billing Payment Plans for Past Due Accounts
At the City Council meeting on June 1, 2021, Councilmember Ohlson asked whether the
Emergency Rule and Regulation (ERR) No. 2021-01 Permitting Utility Billing Payment Plans
for Past Due Accounts was presented to boards and commissions for approval before first
reading by City Council and the reason for the emergency order in general.
While the ERR was not presented beforehand, the information and substance of the ERR was
presented to the Energy Board on March 11 and the Water Commission on March 18. The
minutes from both meetings are attached to this memo. The same presentation was given to
Council on March 16.
The ERR supports the following, which were supported after each presentation in March:
1. Resuming disconnects in May 2021
2. Providing the option to a customer for a payment arrangement
3. Reconnection requirements
The reason it required more of an emergency rule and regulation is because disconnects were
resuming and City Code did not support payment arrangements and reconnection requirements.
It is a temporary code suspension acknowledging the delay of normal disconnection business
practices.
Council.
Attachments:
Energy Board March 11, 2021 Meeting Minutes
Water Commission March 18, 2021 Meeting Minutes
CC: Gretchen Stanford, Interim Customer Connections Deputy Director
Lori Clements, Utilities Customer Care & Technology, Senior Manager
Heather Young, Utilities Interim Community Engagement Manager
ENERGY BOARD
REGULAR MEETING
March 11, 2021 – 5:30 pm
Remote – Zoom Meeting
ROLL CALL
Board Members Present: Jeremy Giovando, Bill Becker, Alan Braslau, Marge Moore, Steve Tenbrink,
John Fassler, Sue McFaddin
Board Members Absent: Dan Gould
OTHERS PRESENT
Staff Members Present: Adam Bromley, Christie Fredrickson, Tim McCollough, Cyril Vidergar, John
Phelan, Molly Saylor, Leland Keller, Kraig Bader, Lisa Rosintoski, Lance Smith
Platte River Power Authority: Trista Fugate
Members of the Public:Tim (last name not provided), Rick Coen
MEETING CALLED TO ORDER
Chairperson Becker called the meeting to order at 5:30 pm
PUBLIC COMMENT
None.
APPROVAL OF MINUTES
In preparation for the meeting, board members submitted amendments via email for the February 11,
2021 minutes. The minutes were approved as amended.
ANNOUNCEMENTS & AGENDA CHANGES
The Energy Board will continue to meet remotely, pursuant to Ordinance No. 79, 2020.
STAFF REPORTS
COVID-19’s Impact on Utility Delinquencies and Uncollected Revenue
Lisa Rosintoski, Deputy Director, Utilities Customer Connections
(attachments available upon request)
Staff will be recommending to Council to resume service disconnects beginning May 3, cycling through
individual customers’ billing cycles (there are currently nine different billing cycles in a month). Staff
notified customers that if they do receive a disconnect notice to contact Utilities because financial
assistance and payment arrangements are available.
Utilities suspended service disconnects and notices for non-payment in March of 2020, per the
Governor’s moratorium. By mid-summer, the Governor’s disconnects moratorium was lifted but
maintained in place for late fees and reconnection fees. Utilities maintained their own moratorium on
service disconnects, but staff began sending letters to eligible accounts offering resources for assistance.
In September, City Council approved the distribution of CARES Act funding for customers to use toward
their utility payments. In October, Utilities sent a postcard notifying customers of the CARES Act funding
ENERGY BOARD
REGULAR MEETING
(because it did have a deadline to use by the end of the year), as well as a letter informing customers of
payment assistance options and that disconnects would be resuming in the future. In November, staff had
additional communications with customers around these notices and options, including phone calls. Ms.
Rosintoski said many of the customers she spoke with were so appreciative of the call, and that someone
took the time to explain the options and answer any questions they had. By December, Staff heard there
was additional funding on the way, so they felt it would be disingenuous to resume disconnects at that
time.
As of today, service disconnects, late fees, or reconnection fees, have not yet resumed. Staff continues to
reach out to customers with past-due balances to inform them of their options ahead of the May 3 date.
Potential financial assistance options within the community also include Energy Outreach Colorado,
Neighbor to Neighbor, and the American Rescue Plan. City Council will also be considering an
appropriation of the $468,941 gift from Platte River.
Staff has learned many neighboring utilities have already resumed disconnects including Xcel, Black Hills
Energy, the City of Loveland, Colorado Springs Utilities, the City of Fountain, and the Town of Estes Park.
Like us, the City of Longmont has not resumed disconnections in hopes of more funding to provide
financial assistance.
Board member Tenbrink wondered if the City of Longmont will resume disconnects. Ms. Rosintoski said
they have not yet set a date. He also wondered if, after talking to the delinquent customers on the phone,
Ms. Rosintoski had any sense of why most customers were behind on their bills, such as lost jobs,
illness? Ms. Rosintoski said staff called over 300 customers, and they really saw the whole gamete of
issues.
Chairperson Becker asked at what point in delinquency are disconnect notices sent. Ms. Rosintoski said
usually around 50 days past-due, but they will have received several notices about their past-due status
ahead of the disconnect notice.
Board member Giovando asked what the impact on the Utility is if the bills remain uncollected. Mr. Smith
said the unpaid debt wouldn’t threaten the financial sovereignty of the Utility, but it’s more debt than the
Utility has ever seen in the past—it shows how much help these customers need.
Utility Winter Storm Preparation
Tim McCollough, Deputy Director, Utilities Light & Power
The City doesn’t generally do a lot of plowing on residential streets, and not all the Utility’s trucks are set
up to navigate this depth of snow (24”-36”), so there are people on call who can clear the way ahead of
the work trucks if needed. Plant and Operations staff also have plans in case the weather is too inclement
to get to or from their work sites.
OUR CLIMATE FUTURE PLAN
John Phelan, Energy Services Senior Manager
Molly Saylor, Senior Specialist Environmental Sustainability
(attachments available upon request)
The City has over 20 years of experience working on climate action, energy, and waste reduction; the Our
Climate Future (OCF) plan is reflective of that effort as it has evolved to carry the community’s ambitious
goals through the next decade. Climate action is and always has been an exercise in integration and
alignment, and Our Climate Future is composed of joint updates to the Climate Action Plan, the Energy
ENERGY BOARD
REGULAR MEETING
Policy, and the Road to Zero Waste plan. It also provides the City and the community an opportunity to
strengthen collaboration while breaking down silos.
On Tuesday, March 16 staff will be asking Council to adopt the Our Climate Future Plan, which includes
the implementation structure and process (Big Moves and a portfolio of Next Moves, and an evergreen
two-year calibrate and review cycle), as well as updated waste and energy goals. The materials
presented to Council will also include the 2021-22 Two-Year Tactical Plan and an action guide. The two-
year calibrate and review cycle allows the plan to be agile with respect to market conditions, the City’s
budget cycles, changes in technology, as well as community response and feedback.
Staff received constructive feedback on OCF from both Council and community, and they were able to
address all key themes within the final version of the OCF plan. These themes included concern over the
waste diversion goal, maintaining an equity driven focus in implementation, reducing jargon, clarity on
how the community can act, and interest in things such as regionalism, carbon mitigation and metrics.
OCF has a clear commitment to the City’s 2030 goals: 100 percent renewable electricity, 100 percent
waste diversion, and 80 percent reduction in carbon emissions. These goals will help carry the community
onward to a carbon neutral future.
The plan’s primary Energy Goals are to provide 100 percent renewable electricity by 2030 with grid and
local sources, to provide five percent of community electricity from local distributed renewable sources by
203, and to achieve a 20 percent reduction in forecast electricity use between 2021 and 2030 through
efficiency and conservation programs in all building types and industrial processes. OCF also outlines
additional goals around reliability metrics, natural gas efficiency (10 percent reduction in forecast usage),
energy code adoption (both adoption and enforcement of updated codes on a three-year cycle), grid
flexibility (bidirectional demand flexibly capacity of five percent of peak loads), and pricing principles.
OCF identifies three Critical Path strategies, as well as a flexible portfolio approach of strategies to reach
the goals. The Critical Path requires ongoing and consistent efforts through 2030 to reach the City’s 2030
goal of an 80 percent reduction from the 2005 levels of carbon inventory emissions. The Critical Path
includes the following strategies: 100 percent renewable electricity, expansion of the local and regional
transit network, and community-wide organic waste diversion. The flexible portfolio will be reviewed and
calibrated with the community every two years, and is responsive to changes in technology and markets,
other levels of government (state and federal), as well as the community’s priorities and partnership.
The two-year tactical plan includes detailed descriptions of the initial Next Moves (who is leading,
supporting partners, near term investments, and case studies), and clear expectations of OCF actions in
2021 and 2022. The Tactical Plan will be updated next year to get on the same cycle as the City’s
Budgeting for Outcomes process. Staff selected the tactical plan strategies with the continuation of
existing initiatives and applying an equity lens (how do these programs perform and support the
outcomes the City is seeking from its equity goals).
Board member Tenbrink wondered how population growth is factored into the goal of 20 percent
reduction in forecast electricity use. Mr. Phelan noted this goal is not a per-capita metric, so staff looks at
efficiency program savings for the program year, as well as how that savings carries forward year to year.
For example, installing an LED lamp in a streetlight has an accumulated savings over time.
Board member Braslau noted that other fuels, such as biomass (plant or animal material used as fuel to
produce electricity or heat) or hydrogen, can help to reduce natural gas usage and they are not
mentioned. Mr. Phelan agreed that was a good point, there are no Next Moves specifically pointing to
ENERGY BOARD
REGULAR MEETING
biomass at this time, and he will take note of that for future review and calibration cycles. There are
multiple ways to reduce natural gas and it could certainly be more inclusive.
Board member McFaddin asked where she can view the tactical plan in its entirety, she would like to view
the details and specifics that were not covered in tonight’s meeting. Mr. Phelan said the entire OCF Plan
and companion documents (including the Tactical Plan) are available on the City’s website in advance of
the City Council meeting on March 16.
Chairperson Becker wondered if the electricity reduction goal is netted with the potential of electrification
in the community since they are competing against each other within the community. Mr. Phelan said the
goal is a 20 percent reduction in what the usage would have been with all the other activities (growth,
weather, electrification, etc.), and in the way this goal is structured, the target for efficiency would go up
as well. Mr. Becker also noted that a five percent reduction in peak load does not feel all that ambitious,
but he wondered what the context of that goal might be. Mr. Phelan said five percent today would equate
to roughly 15 megawatts of capacity, and he anticipates this goal will evolve over time.
Board member Fassler wondered how confident staff is in forecasted energy usage. Mr. Phelan said not
everything is captured in the included chart, and the forecast is not a year-by-year forecast, and staff has
much work to do in integrating their forecasts at the local level, as well as integrating that with Platte River
at the macro level. It is possible carbon emissions will go up in the interim until Platte River makes a
change in their resource mix (in the coming years).
Chairperson Becker wondered how budget can influence the plan’s objectives, is it possible to earmark
certain items as priority to ensure that there will always be funding. Mr. Phelan said staff is presuming, in
the near term at least, that funding for the programs that Energy Services provides will remain, it equates
to about 4.5 percent of Utility revenues. How that money is invested will need to shift in the future, toward
electrification and grid flexibility. Additionally, the Utility cannot incentivize their way to these goals, the
community’s buy-in and investment is necessary. He added that some of the barriers may be outside the
Utility’s space, such as in the build out of the transit network.
Board member McFaddin said she recognizes how hard it is to implement some of these ambitious ideas
and goals, but she believes the community, echoed by Mayor Troxell, are eager to get these goals and
projects moving.
Board member Tenbrink moved to recommend City Council to adopt the Our Climate Future Plan
on March 16, 2021.
Vice Chairperson Moore seconded the motion.
Discussion:
Board members commented on how the Energy Board has always been supportive of energy and climate
policy planning, that they are excited to see this plan come to fruition. The Board will encourage staff and
Council to continue to be ambitious with implementation.
Vote on the motion: It passed unanimously 7-0, with one absent.
Mr. Phelan noted this item is on the consent agenda on Tuesday night, so if anyone would like to make
public comment, they’ll need to be present for the beginning of the meeting.
CAPITAL IMPROVEMENT PLAN PROCESS AND EARLY DRAFT
Adam Bromley, Director, Light & Power Operations and Technology
ENERGY BOARD
REGULAR MEETING
Kraig Bader, Director, Light & Power Electrical Engineering
(attachments available upon request)
The Capital Improvement Plan (CIP) identifies the Utility’s needed capital expenditures for the next ten
years and informs the next year’s biennial budgeting process. Staff completes a CIP to maintain high
reliability and affordability of the distribution system. The Utility faces several challenges in the next
decade: 100% renewable electricity goals, increase in electrification, aging assets and infrastructure,
customer expectations, housing capacity for Distributed Energy Resources (DER), and population growth.
While creating the plan, staff gathers and refers to inputs both up and down the City organization as well
as along the entities and stakeholders tied to the electrical infrastructure. Using that information, they
assess risks and develop appropriate measures to move forward. Staff will then update the corresponding
plans, some of which are updated regularly, and some are more static, offering a framework for staff to
work within. These plans include: Load Study & 10 Year Capacity Plan, Operational Technology
Roadmap, Substation Asset Management Plans, Distribution System Asset Management Plans,
Annexation and System Conversion Plans, and System Relocation Plans. Next, staff will update cost
index numbers and projects to current year dollars, which helps staff prioritize projects. The prioritization
is also influenced by levels of service, risk registers, and resource capacity.
The 2021 CIP’s focus areas include investments in new subdivision construction ($5 million +), Service
Center investments (such as backup generation and dual feed and disaster recovery site for supervisory
operations), updated Long Range Plan (no new Substations 2023-2032), continued investments in
Operational Technology, shifting solution for advanced meter infrastructure backhaul to utilize Connexion
fiber, continue targeted investment in system replacements and enhance targeted investment in
transformers, higher level of data driven decisions, and increased focus on streetlight replacements.
Streetlight replacements are expected to be completed by 2027 under an attrition-based approach. Light
and Power staff have been actively replacing older HID (high intensity discharge) technologies, such as
high pressure sodium (HPS), mercury vapor, or metal halide, with LED lights as they fail since 2015.
Conversion of the roughly 12,000 lights is 37% complete, with completion expected by 2027 under this
attrition-based approach.
Cable replacements are a data-driven investment, areas are prioritized based on failures within
boundaries and high-risk cables to be removed. Cable Replacement priority areas 1-8 were replaced in
2020, and 9-25 are scheduled for design and construction in 2022 and 2023.
Directed transformer replacement is also a data-driven investment. Using an aging analysis and a loading
data analysis staff identifies transformers that need replacement. Additional environmental factors may
also play a role in the replacement schedule, such as electric vehicles or DERs. Staff will be looking for
transformers that meet the criteria within the planned cable replacement projects because it makes sense
to do these replacement projects in conjunction with each other.
Preventative and regulatory maintenance at the Utility’s substation happens regularly, but the Utility is at
the forefront of a significant replacement of the substation relays. The project will begin in 2021 and take
place for the next several years to get them up to the current standard. Light and Power has new
mapping and outage management systems and working to upgrade the eSCADA system. Staff will also
begin investigating what utility-scale energy storage would look like for the City of Fort Collins in the
coming years.
Staff provided a rough draft of the CIP to Finance in mid-February to help prioritize budget offers. Projects
ENERGY BOARD
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need to be prioritized for 2022 and submitted as budget offers by the end of April. This summer, staff will
refine the CIP project descriptions, scope, and cost. In September, the City Manager’s Recommended
Budget will inform the final draft of the CIP depending on what offers were funded. Staff will submit the
final CIP to Finance by October 1.
Board member Tenbrink asked what determines if a new substation is needed or not. Mr. Bader said
substations are influenced by load centers, existing substations, and feeder capacities. Mr. McCollough
added the amount and trajectory of growth in community projected in the next 10-year period also factors
into the decision to not add new substations within the current CIP period.
Board member Braslau asked how development and electric capacity fees fund or impact CIP projects.
Mr. McCollough said the goal is to always have growth pay for growth, so the ECF model should fund all
expansion activities; however, the model is constantly changing and evolving so it is evaluated annually.
Chairperson Becker wondered if there is a large cliff approaching some of the replacement projects, or
does staff expect it to be linear. Mr. Bader said it is not linear, and that’s a good thing. Failures are more
on a probability distribution, and though there is some acceleration towards end-of-life, if the maintenance
is kept in front of it (such as with the priority replacement areas), it keeps the failure acceleration from
getting ahead of us.
APRIL WORKSESSION BRAINSTORM
The Board would like to discuss Electrification. Chairperson Becker encouraged the Board to consider
what they want to get out of it and how to prepare. Mr. Phelan said he and his staff would be happy to
come in and give an update on what staff is working on and what they have planned in the short-term.
Board members expressed broad interest in beneficial electrification, heat pumps, as well as a hybrid
option with supplemental gas for cold snaps.
BOARD MEMBER REPORTS
The vacancy is posted on the Boards and Commissions page, but recruitment is currently on hold as staff
is working on presenting the Reimagining Boards and Commissions Project to City Council.
FUTURE AGENDA REVIEW
Several operational updates will be presented in April, as well as a review of the 2020 Utilities Customer
Satisfaction Survey. Cameron Gloss will also be back to present the Metro Districts evaluation system
after there were significant changes made to the point system.
ADJOURNMENT
The Energy Board adjourned at 8:17 pm.
WATER BOARD
REGULAR MEETING
March 18, 2021, 5:30-7:30 p.m.
online via Zoom
03/18/2021 – MINUTES Page 1
1. CALL TO ORDER
5:31 p.m.
2. ROLL CALL
Board Members Present:Kent Bruxvoort (Chairperson), Greg Steed (Vice
Chairperson), Michael C. Brown, Jr., Paul Herman, Randy Kenyon John Primsky
Board Members Absent-Excused: Cibi Chinnasamy, Tyler Eldridge, Phyllis Ortman,
Jason Tarry
Staff Members Present: Katherine Martinez, Alice Conovitz, Lisa Rosintoski, John
Song, Mark Kempton, Matt Fater, Eric Potyondy, Donnie Dustin, Mariel Miller, Theresa
Connor, Matt Zoccali, Liesel Hans
Members of the Public: Rob Graves
3. AGENDA REVIEW
None
4. COMMUNITY PARTICIPATION
None
5. APPROVAL OF MINUTES
Chairperson Bruxvoort asked for comments on the February minutes.
Board Member Michael Brown moved to approve the February 18, 2021 minutes.
Board Member Paul Herman seconded the motion.
Vote on the motion: It passed unanimously, 6-0.
6. UNFINISHED BUSINESS
None
7. NEW BUSINESS
a. Staff Reports
(Attachments available upon request)
i. Monthly Financial Report
(meeting packet only; no presentation) No discussion.
ii. Memo: ERA Quarterly Update
WATER BOARD
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03/18/2021 – MINUTES Page 2
(meeting packet only; no presentation)
Matt Zoccali addressed questions regarding future updates to lead and
copper regulations, but there were no indications to cause concerns at this
time. A team of staff is evaluating potential impacts.
iii. Memo: Raw Water Rental Rates – Leadership Planning Team Question
(meeting packet only; no presentation) No discussion.
iv. Memo: Update – Establishing Rental Rates and Delivery Charges for
Use of Water (meeting packet only; no presentation) No discussion.
v. Water Resources Monthly Report
Discussion Highlights
A board member inquired about a discrepancy in the relationship between
drought years and reservoir volumes in past years compared to the present.
Senior Manager in Water Resources, Donnie Dustin, addressed the
discrepancy and explained that the current drought came in the summer of
2020, and the data shows monthly tracking rather than annual data, while
past data showed tracking for extended, long droughts. He added that the
recent snowstorm helped to bring up moisture to about average.
vi.Interim Utilities Executive Director Quarterly Update
Interim Utilities Executive Director, Theresa Connor, introduced Utilities
Deputy Director, Lisa Rosintoski, who presented on Utilities Customer
Connection’s recommendation to council to resume non-payment
disconnects beginning May 3, 2021, which had temporarily been suspended
due to the economic and financial impacts of COVID-19 on Utilities
customers.
Discussion Highlights
A board member expressed potential concerns for property owners whose
renters could not pay for utilities and then vacates, and liens are then
assessed to the property, but the bills are for much longer than normal
durations due to non-disconnects. Another member inquired about the date
of resume; the date was determined to give ample time for outreach and
preparation, especially with staggered disconnects.
vii.Cache la Poudre Instream Flow Project Update
Assistant City Attorney, Eric Potyondy, presented on the Poudre Flows Plan
that aims to improve flows in the Poudre River, improve the river’s ecological
health, and protect existing water rights. He introduced the Augmentation
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REGULAR MEETING
03/18/2021 – MINUTES Page 3
Plan, a more flexible legal mechanism than historical approaches to improve
instream flows, and he spoke on upcoming expectations regarding applying
to the Water Court.
Discussion Highlights
A board member inquired about the timeline and process of the Water Court
application, which can take up to 2-3 years; the process can include
statements of opposition to become parties to the case, a referral to a water
referee, and possible trials with a water judge. Another member inquired
about Northern Water’s relationship to the Poudre Flows Plan, which is
minimal due to the fact that Northern Water’s Northern Integrated Supply
Project (NISP) water rights are not able to be used in this plan directly.
b. Regular Items
(Attachments available upon request)
i.Update on Water Shortage Planning Efforts and Potential for
Restrictions in 2021
Water Conservation Analyst, Alice Conovitz, and Interim Utilities Deputy
Director, Mark Kempton, presented to collect input from the Water Board to
be incorporated into the Water Shortage Action Committee’s
recommendation to the City Manager. In response to potential impacts from
the fire and continued drought, Utilities is closely monitoring the potential for
water shortage and the need for a response, such as voluntary conservation
or water restrictions. This update and input will help determine the type of
voluntary approach to recommend.
Discussion Highlights
A board member inquired about the reason why the best practice isn’t
mandatory for water conservation to some degree. Alice Conovitz referred to
the code in the Water Shortage Plan that outlines the circumstances that
would elevate the efforts. Board members discussed what it would look like to
have a mixed effort of formal and informal measures, a combination of the
two options offered. There was general support from Board members to
continue the informal communication and conservation measures (Option B),
and recommend that the City Manager issues a formal declaration for a
voluntary Water Shortage Watch (Option A), which can be stopped or leveled
up to mandatory restrictions if staff receive more information that would
support a change in approach, e.g. CBT quota, assess water impacts from
runoff. The Board generally supported that a Water Shortage Watch is
intended for this type of scenario. The Board appreciated hearing what other
factors might play into whether the City Manager might support a formal
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03/18/2021 – MINUTES Page 4
Water Shortage Watch.
8. BOARD MEMBER REPORTS
None
9. OTHER BUSINESS
Staff Liaison Matt Fater spoke about the Reimagine Boards & Commissions that was
approved by council on March 16, 2021. There will be changes, e.g. the name will
change to Water Commission and the number of members from 11 to 9. Elizabeth
Blythe will be present at the April 15 Regular Meeting regarding the results.
10. ADJOURNMENT
7:02 p.m.
Certificate Of Completion
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