MISSOURI DEPARTMENT OF NATURAL RESOURCES FAX Transmittal Cover Sheet Date of Fax: To: FAX: MO 780-1430 (10-94) Priority o Routine S'.- 2J::>- l.--->.\~From: _ RECYCLED PAPER 0 1 Hayti Heights Receivership Report Progress report on facility upgrades and recommendations Executive Summary Hayti Heights City Council has failed to meet the requirements established to regain control of their infrastructure services -v Excessive debt load $469,226.36 includes debt to IRS, Missouri Department of -V -V -V -V -V -V -V Revenue and many other creditors. This debt load and past performance make future funding for vital services impossible for this community. 14 liens from Missouri Department of Revenue Failed after 12 months to establish a sustainable business plan for the city despite assistance from many community organizations. Failed to adopt or create model city ordinances that define basic city operation of infrastructure services, despite being provided draft models on multiple occasions. No city insurance Hayti Heights does not have the financial, management or technical capacity to operate this system. City leadership is consistently unfocused on priority items necessary to competently operate as a 4th class city. As of May 24, 2011 the State of Missouri has expended $789,275.58 to restore the infrastructure of Hayti Heights Receiver is investigating three options to maintain vital city infrastructure services (return of operation to Hayti Heights, sell to PSC regulated for profit water and sewer company or sell infrastructure to Hayti at the price of debt service) and will make a final recommendation to this Court to end the receivership in a separate report to be filed shortly. ..... acy - Rece~ayti Heights 2 Hayti Heights May Receivership Report Progress report on facility upgrades and recommendations 'r-------- -__ ; ! Hayti Heights Receivership January 1, 2010 DNR emergency response hotline received a call that Hayti Heights (a community of approximately 700 residents) had no drinking water and sewage was overflowing manholes and backing up into homes. Emergency crews were sent and a quick assessment of the situation found the infrastructure of both water and sewer had failed, primarily from neglect and the operating funds for the city were depleted. Public Drinking Water Branch quickly deployed a contract employee from Missouri Rural Water Association who took over basic operations and brought the infrastructure back to life from January 3, 2010 through February 18, 2010. Basic operations during this time frame meant no ability to use automated water or sewer features; everything was manually operated from drinking water intake pumps to each sewer lift station discharge pump. A temporary emergency contract was secured with Environmental Works (a private emergency contractor with EER). They worked in emergency mode through March 31,2010, then a new specific year-long contract was developed and Environmental Works was successful in retaining this contract to present. During this time frame much internal discussion was held. DNR, with concurrence of the Governor's Office, recommended a court ordered receivership be drafted to help the citizens of Hayti Heights maintain and preserve their infrastructure. Senior Management asked Jim Macy to accept the receivership role. . 3 On May 28,2010 Assistant Attorney General Kara Valentine and Jim Macyappeared before Circuit Court Judge Fred Copeland, who presides over New Madrid and Pemiscot counties. Judge Copeland ruled in favor of the court ordered receivership and split the existing Hayti Heights Water and Waste Water funds between the receivership and the city. Receivership was awarded $6,500 from Hayti Heights water and Sewer accounts to begin work. The receivership order precluded the receiver from any obligation of debt prior to May 28,2010. Jim has been working with Hayti Heights, the contractor (Environmental Works) and the citizens by regularly attending the Hayti Heights City Council meetings and securing financial stability in the community by ensuring residents are paying their utility bills (sewer, water and trash). Chris Weineke, John MacEachen and Dennis Siders from Midwest Assistance Program (MAP) have each participated in the city council meetings the receiver established for training to address Technical, Managerial and Financial Function Capacity (TMF {10 CRS 60 3.030}). MAP is operating under a federal grant and will be provided city council training and conducted an extensive record review for the receiver to provide a total picture of the financial challenges at of Hayti Heights. They have provided training on: -V Sunshine law -V Running meetings -V Establishing ordinances -V Establishing a business plan -V Developing a budget -V Addressing debt The city council and Mayor meet at 5:00 pm before each city council meeting for 1 hour of special training then the receiver reports on activities the receivership has taken. Usually Jim Macy will stay and observe a part of the city council meeting to answer any questions from the Mayor, councilor audience. The Hayti Heights City Council meetings were dysfunctional and not well organized. There was not sufficient cooperation among the Council and Mayor. Without the aid of their city attorney, "lim Bruce, the meetings would not follow basic procedure for a city council meeting. Over the course of receivership: Hayti Heights Mayor Mooney has written herself a $500 check (from the city account) for her mayor salary without any internal controls or checks and balances. Prior to the receivership, $15,000 of deposit accounts were misappropriated and are now missing ($75 customer connection fee) Jim Bruce resigned as city attorney shortly after Hayti Heights bounced his January payroll check, Hayti Heights has not retained a replacement City has no city insurance, minimal operational insurance for employees Little or no city directives or ordinances on file or available for review. Inconsistent record keeping - some records were kept on napkins and envelopes. Erratic filing and missing records. Two council members resigned, Gwen Steward was appointed the other seat has remained vacant Council appointed treasurer Brenda Ruff who resigned early in the summer and after several months had passed appointed Verna Ruff who resigned in January, within a few weeks of appointment. j", 4 -V -V -V There was no city clerk until March 2011, the clerk resigned April 30, 2011 citing differences with the Mayor but returned to duty after meeting with Council May 3, 2011 Council discussed removal of Mayor at May 3,2011 council meeting No city insurance City leadership As of May 23,2011, we do not know the outcome or reasons for a impeachment hearing regarding Mayor Mooney scheduled on June 6,2011. The competency and management of these important issues must be a collaborative effort of the Mayor and Council. The Mayor and City Council are all equal in their inability to set aside personal differences and to work together as a group. The focus on operational restoration of the vital infrastructure of Hayti Heights has been diminished by a lack of communication, lack of action and disregard of systematic planning necessary to re-establish control of basic city functions. Hayti Heights has had difficulty in gaining interest from within the community to step up to leadership positions. (Example treasurer, vacant ward, city collector and city clerk position all have been vacant for a substantial time during receivership). There has been a high turn-over rate of city council and staff for this community. The city council has not demonstrated an ability to lead beyond day-to-day issues. More time and effort has been placed during board meetings on a city park and the purchase of a tractor than developing city ordinances and a strategic plan for the city. At the start of the receivership the following items were presented to Judge Copeland (and publically distributed) as a measure for the Hayti Heights Community to re-assume ownership of these utilities: Steps Hayti Heights needs to take to re-assume ownership of its wastewater and public drinking water systems 1. Establish a business plan for the city by Oct. 1, 2010. The plan must: -establish a segregated account for water/sewage/refuse payments. Not completed. This has been attempted on two occasions; the first plan (September 7,2011 board meeting) centered more on police and fire department services training and competencies. It was a feeble attempt to reconstruct a plan for the fire department and did not fully address the scope of a City Business Plan only the fire department. Only the last page included five bullet points regarding resolving debt. The Second was presented in May 3, 2011 board meeting, again this was modeled from another plan that focused more on Police and Fire services and did not sufficiently detail "HOW" Hayti Heights could get their financial house in order . .-establish internal controls (requiring a minimum of 3 people) for proper financial management of all funds going into and out of the segregated account Partly completed, full accounting system is not established, training was given by Chris Weineke of the Midwest Assistance Program. ·5 Partially completed. A treasurer and collector was appointed in April 2011, however having ONE position established for two separate and administratively different tasks is not consistent with good cash management practice. A more defendable internal control protocol would dictate this to be two separate positions. Having the same person collect money and then deposit and account for funds should be separate functions. -implement all the recommendations from the 2009 audit, including reducing the mayor's salary to that consistent with other 4th class cities; the salary change must be codified by resolution Partially implemented. However before the April election after a special board meeting to introduce Harry Wilson, Mayor Mooney made a request to increase her salary. The board did reject this increase. 2. City officials and employees must participate in the following practices and procedures: -all city staff and elected officials must attend training on financial controls; 90 percent overall attendance is required. Completed -all city staff and elected officials attend Sunshine Law training; 100 percent attendance required Completed -demonstrate the ability to set up, or take over from the contractor, an approved billing system, as well as training the city clerk Training was provided by MAP to use Quicken, but that volunteer did not stay with the job. A Clerk was not hired until March 2011. The clerk resigned April 30, 2011 then she returned to duty May 3, 2011 after meeting in closed session with the Mayor and city Council. Hayti Heights City Council is investigating an impeachment procedure for removing Mayor Mooney from office. Many records were destroyed when the Computers were stolen on March 2011. A permanent record and filing systems is not functional. Current clerk is being trained. -develop written policies and procedures for collecting unpaid bills, as well as demonstrating enforcement efforts This may exist, however when receivership began records were incomplete (there were several meter records and several ledger records that did not match up). I have not observed consistent 'financial practices. -set aside 6 months of funds for the sole purpose of paying and retaining a certified operator Not complete or remotely possible according to financial statement May 3, 2011 -set aside 6 months of operating revenue as an operational reserve for maintenance and other issues Not complete or remotely possible according to financial statement May 3,2011 , . i. ~ /I Hursh Blackwell Law Firm (Lawsuit - Police officer Small) $ 14,063 ~ Dell Computer (6 year old printer, computer) recently stolen Paid? $ 2,210 ~ Hayti Sewer bill $ 49,457 ~ Hayti Fire Department ($1000 per fire - 33 + interest) $ 33,210 ~ Benjamin Farmer Workman's Camp $ 7,000 ~ Public Safety Grant that was misappropriated (+interest) $ 7,834 ~ Vandevanter Engineering (sewer pump) $ 3,156 ~ Geer's Tire Service $ 2,308 ~ Unpaid sales tax on water $ 31,890 ~ Unemployment Taxes Actual more than listed $ 8,397 ~ Division of Employment garnishment Actual more than listed $ 2,366 Estimated subtotal - $305,182.00 ***some may have written off debt ***Additional debt - $118,906.36 IRS form 941 withholdings not paid or filed from 2001 to present (recently discovered March 22, 2011) this may be dischargeable, but may also have a substantial performance bond or lien *** March 30 determined 18 additional liens from Missouri Employment Security and Missouri Department of Revenue Approximately $45, 138 this is non dischargeable Missouri Department of Revenue Approximately $45, 138 this is non dischargeable Recently identified liens Sales tax 10 PE - MC00006 946.98 Withholding 10 PE - MC00058 1 9,723.29 Sales tax 10 PE - MC00059 5,595.69 Sales tax 10 PE- MC000124 888.49 Employment 10 PE- TJ00029 908.33 Employment 11 PE-TJ00019 419.01 Employment 10 PE-MC00097 426.57 Work Comp 10 PE-CC00150 8,366.39 Employment 05 PE-TJ 00095 3,162.09 Employment 05 PE-TJ 00083 1825.52 Employment 05 PE-TJ 00021 2885.44 Released? Employment 06 PE-TJ 00041 965.28 Released? Employment 06 PE-TJ 00034 1930.41 Released? 8 Employment 07 PE-TJ 00012 Employment 07 PE-TJ 00061 Employment 07 PE-TJ 00020 Employment 08 PE-TJ 00037 Employment 09 PE-TJ 00040 1225.26 Released? 861.37 Released? ? 2015.46 1575.06 Released? Total Liens $53,719.45 Released $8581.45 Liens outstanding $45,138 Current total city obligation $469,226.36 Sewer and Water Infrastructure The current income potential from the water and sewer is only marginally sustainable to keep the recently updated system operating at current rates. Current income: 210 connections X 29.48 = $6,190.80 x 12 months = $74, 289.60 160 trash service= $1920 x 12 months = $23,040 ------------------- $97, 329.60 At flat rate Average domestic water use is 420 gallons per day per connection or 12,600 gallons per month per customer. Using the existing sliding scale at Hayti Heights this would bring water rate to $22.00 (water) and $18.00 (sewer) per connection or$8400 per month or $100,800 per year + $23,040 trash = Using existing rate structure with meters $123,840 or 49.14 per connection Current expenses City of Hayti sewer treatment =$1635 Trash contract =$1920 Electrical =$700 State taxes =$54 Operator =? Billing/collections =? Insurance =? Debt reduction =$500 MDFB bonded debt = $300 Rural development Chemical =$100-300 (dependant on use) ---------- Flat rate $97,000 -64,900 $32,100 $5, 409 or $64, 908 per year sliding scale $123,000 - 64,900 $58,100 9 ***Remainder addresses cost of operator and profit at current use and rate*** Existing rates: Currently a flat rate of $11 Water, $18 Sewer ad $12 Trash for 160 connections $41.48 Housing authority (60 connections) - $11 Water, $18 Sewer Tax = for domestic utility .48 per connection Total In November Hayti Heights had rate increase - but not implemented by receiver, because meters are not functional Rate increase approved $12 base rate for 2,000 gallons water, then an additional $2.00 per each additional 2,000 water over total revenue - See balance sheets -Monthly income should be $8405.60 (if all residents are occupied and paying bills) at flat rate Cash on hand $53,455.83 as of 5-15-11 Receiver Account Water usage (is excessive) Month/Yr Plant Daily v Month Total ell Daily Avg Month Total 60 connections in housing authority that receive a special rate because their trash service is different Total Historical System Connections = 230 (As of June 2010) Full Pay Connections = 170 • Active Full Pay Users = 162 • Vacant Homes = 5 • Recent Deaths = 2 (Occupancy of homes unknown at this time) • Scheduled for demolition 1 (Structure still standing - No water, meter removed) = Housing Authority Connections (N. MLK Dr.) = 60 • Active Units = 55 • Vacant Units = 5 Existing known ongoing operating expenses: Connection to Hayti sewer - $1635 Plant and sewer electrical 10 ELECTRIC SERVICE COSTS 2010 Averaged Useage (includes taxes) Total Annual KW Hours Total Annual Charge Water Treatment Electrical Water Plant Electrical Water Tower Electrical 66,830 194 $4,647.00 $280.00 183.60 0.53 $12.77 $0.77 Waste Water Treatment Electrical Lift Station # 1 Lift Station # 2 Lift Station # 3 Area Light at Lift Station # 3 Lift Station # 4 3,460 5,465 11,005 1,921 12,813 $509.00 $668.00 $1,011.00 $269.00 $1,084.00 9.51 15.01 30.23 5.35 35.20 $1.40 $1.84 $2.78 $0.75 $2.98 KWH/Day CosUDay Chemical costs - $100 per month Operator costs Currently part of existing contract with state of Missouri ***Past due bills such as water purchase from Hayti $49,457.71 Other considerations --J Hayti Heights will need billing system estimation of $3-5,000 plus yearly maintenance fee. --J --J Computer with enough memory to run the system. Staffing needed or use technology; the system will allow for a meter reader to either manually or drive by and read meters. The more technical the more expensive initially, but lessens the need for staff. --J City insurance 11 Drinking Water New well master meter Minor repairs are needed for drinking water improvements in the plant. Currently the plant is producing good water quality and is meeting regulations. A make-shift telemetry device was installed to control tower overfills and to conserve water for sale. The Receiver has replaced a master meter in the well house to help determine water production and improvised a telemetry device so the water tower will not overfill. Next actions are to inspect the storage tank and replace/install meters at each residence. Currently there is a flat rate of $11.00 per month for water with no limit on use. There are approximately 10 working meters for 205 connections. Many meters have been compromised, or a straight line with no meter serves the household. New meters are being installed May 16-27, 2011. The meters will be monitored for use electronically through a telemetry system at Hayti, this also matches up with the current billing system Improvements to all Lift stations These pictures show before and after of Lift Station #3 12 Sewer Improvements The sewer was in severe disrepair. Electrical panels had copper tubes, foil wrapped fuses or straight line jumpers that rendered all electrical safety and grounding inoperable. This was done by previous operators of the sewer because the pumps were tripping out due to lack of service. There were no back up pumps available to use and sporadically from spring to early fall we had minor pumping problems. During the first week in October 2010, lift stations #2 and #3 had non-repairable pump failure and we had to use both a pump and haul service and then two self contained portable auxiliary pumps to move sewage through the system. About the same time we moved forward with approval to order pumps to repair the lift stations. Contractors had difficulty finding replacement pumps and supplies due to extensive American Recovery Act infrastructure repairs nation-wide. These special pumps are made on demand and not routinely "stocked". Our contractor was able to expedite the pumps for lift stations #1, #2, and #3. Pumps, associated railing, and electrical controls have now been installed. Lift station #4 was repaired on February 15, 2011. These larger pumps because they feed effluent to Hayti from all the lift stations combined. Security fencing has been installed on all 4 lift stations. Infrastructure repair costs funded through drinking water and waste water set-aside fee. Hayti Heights Water / Wastewater Major Maintenance Items Drinking Water / Distribution Item Description ~pproximate Cost $9,000 delayed due to Hayti infrastructure upgrades scheduled for May31,2011 install individual home water meters that communicate with ~50,000 Installation Ma} Water Meters 16-27,2011 Hayti system Rework the drainage from the water tower overflow to $4,000 Not completed Water Tower Overflow prevent overflow from flooding nearby residences Weather related $3500 Installed Water Plant Blower Replacement of blower at water treatment plant Water Well Flow meter Purchase/installation of mag-style flow meter from the well ~6,000 Completed $6,500 Delayed due to Settling Basin Cleaning Clean out accumulated sludge from the settling basin sewer repairs and Hayti sewer problems $75,500 Subtotal Wastewater Treatment Hayti / Hayti heights interconnection Add gauges; exercise/rehab valves; install hydrants for lushing abilities (2 connections) 13 Item Sewer Line Camera Inspection and Cleaning Lift Station # 1 Description ~pproximate Cost Camera inspection of selected sewer lines and laterals, clean selected sewer main lines and lateral lines. $7,000 Cleaned lift stations only Rehablreplacement of pumps, floats, guide rails, access cover, and control panel. $35,000 Completed Lift Station # 1 (Option Repairlreplacement of by-pass valves. ~) Rehab/replacement of pumps, floats, guide rails, and Lift Station # 2 ** control panel. Rehablreplacement of pumps, floats, guide rails, access Lift Station # 3 cover, and control panel. Replacement of by-pass vault cover. Lift Station # 3 (Option Repair/Replacement of By-Pass valves. A) Rehablreplacement of pumps, floats, guide rails, access Lift Station # 4 cover, and control panel. Replacement of by-pass vault cover. Lift Station # 4 (Option Repairlreplacement of by-pass valves. A) $6,500 Completed $16,500 Completed ~34,000 Completed $6,500 Completed $39,000 Completed ~6,500 Valves ok ~151 ,000/ actual cost to date $178,270.22 [Ihisincluded security fencing and extra labor on lift station not anticipated (concrete work and associated down time for crew) Subtotal ** Lift station also needed by-pass valves $226,000 TOTAL At the April 25, 2011 Hayti City Council meeting, Jim Macy as receiver for Hayti Heights presented a option for Hayti to assume the operation of water, sewer and trash, and received a firm interest from Hayti conditioned that: 1. 2. 3. 4. Hayti assumes no debt from Hayti Heights Meters are installed and sufficient rate structure is established (matching Hayti) Hayti Heights water tower is cleaned and inspected Existing water connection between the two cities is renovated and updated Annexation is not likely because that would allow the assumption of prior Hayti Heights debt (Now $469,226.36). In May, 2011 we will be installing meters for Oinking Water billing estimated at $50,000. In May we have scheduled the storage tower inspection and cleaning. The interconnection renovation is under development. As a back up to this we are initiating another year-long contract in the rare case we are unable to dissolve the receivership. This Request for Proposal has offered for bidding on March 9, 2011. Contract is in final offer stage and should soon be awarded soon. Receiver has $59,212.83 in checking account as of May3, 2011. Bills have been processed in a timely and efficient manner; receiver has paid $40,272.16 for basic operational expenses. As of May 24, 2011 DNR has expended $789, 275.58 in contracting costs and hardware improvements to the metering devices and infrastructure improvement. 14 In the last 12 months of receivership Hayti Heights has addressed one ordinance that restructured their Water rates (taken up in November meeting) and given out to receiver in December meeting. This was a $1 increase form $11 to $12 for the first 2000 gallons and a sliding scale of $2.00 for each additional 2000 gallons used thereafter. They did not increase their sewer rate (a flat rate of $18 per household). Trash service is also $12. Judge Copeland granted a 3 year contract for trash service that will include 96 gallon standardized containers for refuse. Recommendations Judge Copeland will have to agree on our next actions, however at this time I would not advise to return operational control to Hayti Heights. The current leadership simply can not manage this system. As ordered by Judge Copeland in Receivership Case 10 PE -CO 00318 Receiver has looked at various alternatives including Liberty water - a PSC regulated company, the City of Hayti and return of operations to Hayti Heights. The lack of financial, managerial and technical competence in Hayti Heights do not make the return of operational control a feasible alternative for total system control or to allow partial control of one system or the other. The PSC interest is diminished by the inability to secure a marginal return on investment. Too many variables exist among debt settlement and sustaining a responsive and consistent technical response to infrastructure concerns without a base of operations in the immediate area. Billing would be a substantial hurdle from the standpoint of Liberty water and a serious inconvenience to Hayti Heights residents. Hayti Heights would go from a walk-up cash system to a mail based or electronic billing system; many residents do not have a checking account. Hayti is a neighboring community within walking distance for customer service. Residents conduct most of their daily activities in these two communities. Residents are already familiar with the system of billing and collection established at receivership and Hayti has the technical, financial and managerial resources to sustainably operate both systems. Billing and collections are already in place and the residents are comfortable with the process, and since many pay by cash this is an important fact to take into consideration. Hayti system has institutional control of finances. 1. Receiver will attempt to negotiate an amicable settlement between Hayti and Hayti Heights. If this is not a viable alternative then 2. Receiver will develop an agreement between the city of Hayti and the receiver (on behalf of the residents of Hayti Heights) 3. Given Court approval of either option 1 or 2, receiver would further advise the disposition of assets as follows: < Hayti would purchase the assets (infrastructure of sewer and water conveyances, pumps, electrical panels, storage tower, lift stations, well, settling basin and distribution system) for the equivalent value of debt owed the city of Hayti (approximately $83,000 [$49,000 for past sewer 15 debt and 33, 000 for past fire response debt]) This would decrease Hayti Height Debt load by almost one quarter. Receivership account should be disbursed as follows: In June there will be approximately $64,000 in the checking account Refund Citizens $75 initial deposit 205 connections @$75 = -$15, 375 USDA Rural Development payoff $13,000 sewer loan = -$13,000 Missouri development finance Board - Offer 20% settlement for debt =-$21,200 Refund DNR $14,425 for infrastructure repair = -$14, 425 ------------$ 64,000 *** Estimation - subject to change depending on May and June collections and expenditures This would allow for a debt-free transfer of infrastructure assets from Hayti Heights to Hayti. e acy - Rece~i Heights 16 Attachments IRS TAXES As of March 22,2011 YEAR QUATER 2001 4th 2002 2N U 2002 3rd 2002 4th 2003 2nd 2003 3rd 2004 1st 2004 2nd 3rd 2004 2004 4th 2007 2nd 2009 2nd FORM 941 941 941 941 941 941 941 941 941 941 941 941 AMOUNT $2,438.54 $303.64 $953.88 $155.63 $9,793.51 $619.81 $23,195.59 $18,772.30 $17,378.84 $22,710.49 $10,973.23 $4,983.31 $118,906.36 CIVIL PENATY 2001 $769.55 CIVIL PENATY 2003 $2188.09 CIVIL PENATY 2007 $3669.95 M'issmq . 941 t ax f orms YEAR 2003 2005 2006 2007 2008 2009 2010 QUATER 4TH ALL4 ALL4 1 ,3,4 ALL4 1,3,4 ALL 17 Analysis of rate structures between Hayti and Hayti Heights Gallons used 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 11000 12000 13000 14000 15000 16000 17000 18000 19000 20000 Hhsewer 9 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 18 HH Hayti Hayti Water Heights Haytiwater sewer 14.5 9.27 5.5 13.91 11 29 17.21 11.33 12 30 20.51 13.39 13 31 23.81 15.45 14 32 27.11 17.51 15 29.17 18.54 33 16 34 31.23 19.57 17 35 33.29 20.6 18 36 35.35 21.63 19 37 37.41 22.66 20 38 39.47 23.69 21 39 41.53 24.72 22 40 43.59 25.75 41 45.65 26.78 23 42 47.71 27.81 24 25 43 49.77 28.84 44 26 51.83 29.87 27 45 53.89 30.9 28 46 55.95 31.93 47 58.01 32.96 29 Hayti increase 23.2 -0.5 28.5 3.9 33.9 8.26 39.3 12.6 44.6 14.7 47.7 16.8 50.8 18.9 53.9 21 57 23.1 60.1 25.2 63.2 27.3 66.3 29.3 69.3 31.4 72.4 33.5 75.5 35.6 78.6 37.7 81.7 39.8 84.8 41.9 87.9 44 91 totals totals Hayti HH with with trash trash 35.18 26.5 40.54 41 cheaper 45.9 42 3.9 51.26 43 8.26 56.62 44 12.62 14.71 59.71 45 62.8 46 16.8 47 65.89 18.89 68.98 48 20.98 72.07 49 23.07 75.16 50 25.16 78.25 27.25 51 81.34 29.34 52 84.43 53 31.43 87.52 54 33.52 90.61 55 35.61 93.7 56 37.7 96.79 57 39.79 99.88 58 41.88 102.97 59 43.97 Hayti Heights Water use is approximately 480 gallons per connection; this is twice the predicted average for a community this size. With a flat rate structure, there is no incentive to conserve water. Common Water Usage Data (example: City of Wentzville) 2006 Average Demand per Customer (Connection): (not large water users, mostly residential) 0.20 gpm 288 gpd/connection Assume 3 people per household: 0.067 gpm/capita 96 gpd/capita Design Guide for Community Water Systems, Section 1.1.2.d.3. and e. (MDNR, Public Drinking Water Program, 2003) If neither historical nor comparable water system data are available, the following information shall, as a minimum, be used for design purposes: i. Population per service connection for permanent residential dwelling units including houses, mobile homes, condominiums, apartments, and multiplexes shall be approximately three (3.0) persons/dwelling unit; and ii. Domestic water usage for residential dwelling units excluding lawn/garden irrigation usage shall be an average of 80 gallons per person per calendar day, except that for rural water 18 4. Other usage criteria may be used in lieu of the criteria listed in the preceding item (1.1.2.d.3.) if the engineer provides adequate justification. e. For lawn watering, the following estimates may be used: Housing Type Sprinkler Type Flow per House Moderate/Middle Class End of Hose 1.25 gpm 2gpm Estate Automatic Agreement in Principle Between Hayti (city) and Receiver for Hayti Heights Regarding Sustainable and Reliable Infrastructure Control that provides a Safe and Reliable service for residents of Hayti Heights ( a fourth class village in Pemiscot county) ; SUMMARY: At the conclusion of the Limited Receivership ordered by Pemsicot Circuit Court Judge Fred Copeland on May 28,2010 and with court approval; this agreement outlines the transfer of operational control, daily operations and tangible assets of the sewer and potable water systems of Hayti Heights to the city of Hayti. Effective date _ _ _ _ _ _ _. Upon notification, each party reserves right ofwithdraw pending significant performance of the following terms (5 days notice) . Current Conditions ~ ~ ~ ~ Receiver has made a determination of fair market value of Hayti Heights Sanitary Sewer and Potable Water system. PSC has determined the maximum rate for procurement at $160,000 Receivership order states assets may be sold after proper determination ... actual or best offer Water and sewer system are operating in compliance with state and federal environmental law and regulations This Agreement is subject to interagency management and court approval Receiver ~ ~ ~ ~ ~ ~ Receiver will use best efforts to ensure a clear title for all assets transferred within the scope of this agreement (Missouri Development fmance board and Rural Development USDA loans) Negotiated settlement of_ _ Receiver will ensure the potable water system has been properly inspected and cleaned (storage tower) Scheduled _ Receiver has ensured that all lift station conveyances for sanitary sewers have been repaired through rehabilitation, installed new control panels and installed new Flygt N series pumps Receiver will upon completion of an agreement in principle with the city of Hayti, execute operational changes that will allow modification to the existing interconnection between Hayti Heights and Hayti. Hayti will provide a letter of certification from their city engineer stating sufficient capacity exists to serve both interests of Hayti and Hayti Heights Receiver will include in his petition to the court a request to adopt Hayti billing rates upon transfer of system Has provided a true an accurate billing system City of Hayti ~ ~ ~ ~ Hayti Heights is indebted to Hayti for Approximately $83, 000 ($49,400 for past sewer debt and $33,600) fire calls) Hayti is currently collecting and billing Hayti Heights residents under a contract with Environmental Works using the same billing methods Hayti will satisfy all past debt incurred by Hayti Heights upon transfer of these assets to Hayti and will agree to assume operational control over the essential infrastructure services of Sewer, Water and Trash for Hayti Heights, providing the city of Hayti Heights with competent and sustainable service for the Technical, Financial and Managerial of these vital functions that the city of Hayti Heights can not perform. Payment in kind - example help in machine rental for meter pit installation Agreed on April _ _ _ _ _ _ _ _ _~Receiver -'Mayor I *************** NO. COMM. 38 39 OK OK PAGES 00 020 -JDURNAL- ************************* FILE DURATION X/R 071 00:05:58 XMT DATE MAY-26-2011 ***** IDENTI F ICAT ION DATE a 85733591608 MAY-26 TIME 13:34 *** P.03 DIAGNOSTIC 13:17 -PUBLIC DRINKING WATER ************************************ - - ***** - 573 751 3110- *********
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