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Date: 6/15/2023
LONGMEADOW — The Longmeadow Select Board approved increases in the water, sewer and stormwater rates for fiscal year 2024.
Select Board member Mark Gold explained that the water rate is based on a calculation of the cost of running the department divided by how much water is expected to be used in the fiscal year. With the budget already set, the cost of running the department is known. To account for fluctuations, a five-year average of water usage is used to estimate how many units — measured at 100 cubic feet — will be used in the upcoming fiscal year’s needs. Interim Finance Director Paul Pasterczyk said that the five-year average of water usage, minus 2% for abatements, is 809,540 units. This tracks with the FY23 usage of 810,097 units.
Using this equation, the water rate for FY24 would be $3.77 per 100 cubic feet, 2.45% higher than FY23.
Gold asked to increase the base rate distribution charge, which he said is static from quarter to quarter, pays for the water meters. The charge, based on the size of the meter, averages $15.60 for residential properties and has never been raised. By raising this charge 4.3%, to an average $16.25, he said it would generate enough revenue to “hold down the water rate.” Select Board Chair Josh Levine said he liked that approach, and the board approved a rate of $3.76 per 100 cubic feet for FY24.
The sewer rate is calculated in a similar manner to the water rate. Because the town changed the model for how sewer usage is measured last year, a five-year average was not available.
Pasterczyk used the billable units from FY23, 610,271 units, to calculate an FY24 sewer rate of $3.13 per 100 cubic feet, up from $2.70 per 100 cubic feet this year.
Unlike water and sewer rates, stormwater rates do not completely cover budgeted needs, Pasterczyk said. There is a policy in place to increase the stormwater rate by about 4.11% yearly until the rate is sufficient to pay for the budgeted amount and no longer rely on a subsidy from the general fund. In FY23, the rate was an annual $76.93 per equivalent residential unit. Each residential property accounts for one ERU. The FY24 rate is $91.37 per ERU.
Ambulance
The Select Board approved a rate increase for the town’s ambulance service. Fire Chief John Dearborn provided an overview of the ambulance service in fiscal year 2023. “Business is good,” he said. Transport calls are up 14% over last year and up 10% over 2019 levels, which means calls are back to pre-pandemic levels, he said. More than 93% of charges are collected and the ambulance account has collected more than $1 million so far this fiscal year, which ends June 30. Dearborn said more than $200,000 will be deposited into the EMS savings account.
Select Board member Thomas Lachiusa asked if money from that fund is used to address the mental health of firefighters and other first responders. Dearborn said he is “super aggressive” about his department receiving training to recognize trauma in each other. He said the counselors the department uses have been specifically trained to deal with the “horrific” experiences to which first responders are exposed.
Despite the positive revenue situation, Dearborn said the costs are up 3% over last year and staffing has been challenging. The cost of operating the ambulance service is about $800,000 per year. The rate was raised from $36.25 per loaded mile to $37.33 per loaded mile.
Continuing on the topic of ambulances, Pasterczyk requested the ambulance fund policy be amended, raising the maximum balance in the fund from $350,000 to $500,000. He explained that the last bid put out for an ambulance came back at $411,000. If the bill were due at the time, the town would not have had the funds needed.
The policy was also changed to clarify that the fund can only be used if approved by Town Meeting. Gold said he was concerned because the incidental costs for which the fund can be used may leave it without enough money to pay for an ambulance, the fund’s primary purpose. He asked that language be added to the policy requiring a balance sufficient for the purchase of the ambulance be maintained before it is used to pay for incidental services and training. The changes were approved.
Legal counsel
When the Select Board discussed bids for legal counsel, Levine recused himself due to a conflict of interest. Gold explained the town uses two sets of legal counsel — the general counsel and firm for labor contracts and disputes. For several years, the general counsel for Longmeadow has been the law firm of Doherty, Wallace, Pillsbury & Murphy, while Sullivan, Hayes & Quinn has handled labor contracts.
Simmons said there were eight bids between the two roles. For general counsel, she and the department now were “really enthusiastic about Mead, Talerman & Costa.” She explained that they offered three fee structures and dedicated “office hours” to focus on the town. They also have the lowest bid and got “glowing” reviews from client cities and towns about their breadth and depth of municipal knowledge.
Town Manager Lyn Simmons noted that Doherty, Wallace, Pillsbury & Murphy had an established relationship with the town. Their rates were “in line” with other bids.
Lachiusa said he was more comfortable having lawyers located in Western Massachusetts and keeping the legal fees local. Mead, Talerman & Costa have offices in Newburyport, Millis and New Bedford. Select Board member Dan Zwirko agreed and said the town could discuss incorporating office hours with Doherty, Wallace, Pillsbury & Murphy.
Select Board member Vineeth Hemavathi said that the expanded services, lower rate and enthusiasm of the department heads, who have the most direct interaction with the law firms, made him lean toward Mead, Talerman & Quinn. He did acknowledge there may be room to negotiate with their current firm. Gold said, “We have a lot to gain,” from the firm’s experience. When it comes to physical distance, he noted, “Everybody can get here by Zoom.
Zwirko asked Simmons if any towns that she had spoken with had used Doherty, Wallace, Pillsbury & Murphy in the past and were now represented by Mead, Talerman & Quinn. Only one town fit those criteria. She said the town was experiencing trouble with responsiveness and communication, went out to bid and chose Mead, Talerman & Quinn. She was told, “It was the best decision they made.”
As the board was split 2-2 on the general counsel bid, a vote was postponed until the next meeting to give members time to gather more information from Simmons.
For labor counsel, Simmons said the department heads “felt comfortable staying with Sullivan, Hayes & Quinn,” who also had the lowest bid. The firm had “phenomenal institutional memory” and had been with the town for years. The labor counsel bid was awarded to Sullivan, Hayes & Quinn.
Water quality
During the public comment period, resident Andrew Fox expressed concern about a letter that was sent to residents regarding “elevated disinfection byproducts.” Haloacetic acids, commonly referred to as HAA5 are acids that often occur as a byproduct when chlorine is used to kill bacteria in drinking water.
Fox noted that the letter stated the situation was not an emergency, however, he was concerned that prolonged exposure could cause cancer. The Massachusetts Department of Environmental Protection lists HAA5 as a possible carcinogen and animal studies have shown high levels can affect the kidney and liver, as well as reproductive and neurological systems.
The letter stated that Longmeadow will install flushing devices and a tank mixer, Fox said, adding that he had questions about when this would be done and how much it would alleviate the HAA5 in the water. He also wanted to know why the town is not installing town-wide filters, as the letter stated residents could take that step in their homes as an extra level of precaution.
As the public comment period is not designed to allow for questions and answers, but rather statements, Levine asked Fox to email him for more information from the board in its capacity as water commissioners.