Meet the 2020 Winners of TRWA's Awards of Excellence

Meet the 2020 Winners of TRWA's Awards of Excellence Compiled by Kelsey Copeland, Communications Specialist, Texas Rural Water Association

The TRWA Awards of Excellence program is designed to honor excellence within our membership of rural utilities across Texas. These awards are meant to recognize our member utilities and the shining stars who serve the Texas Water community. Though we typically honor our award winners during RuralWaterCon in March, the Texas Rural Water Association Board of Directors canceled our Annual Convention to protect the health and safety of attendees in response to the global Coronavirus pandemic. Although we were unable to recognize these deserving recipients during the event, we are proud to now be able to share their stories with you! Excellence in Administration

Karen Theiss, Office Manager, Wickson Creek Special Utility District

Nominated by Kent Watson, General Manager, Wickson Creek Special Utility District

For 22 years Karen Theiss has had a desire to be the best of the best. She was hired in 1998 as an office employee at Wickson Creek Special Utility District and 10 years later was promoted to the office manager position. She is an excellent office manager, a qualified public funds Investment officer, manages an office staff of 4, oversees the bookkeeping, accounts payable and receivable, payroll, and helps prepare an annual 5 million dollar budget.

Karen is always looking to expand her knowledge and improve the SUD. She regularly attends TRWA

conferences and graduated from the first TRWA Emerging Leaders Program. Karen has helped with numerous TRWA District meetings and provides insight to office managers that are just getting started in the industry. She makes sure that her employees and board members are treated well, and that the customers receive excellent customer service. She takes the time to get to know each of her employees and continually goes above and beyond to help others succeed. Congratulations to Karen on her well-deserved achievement! We also extend a special thank you to Live Oak Bank for sponsoring this award! Excellence in Operations

Ronnie J Hoelscher, Manager/Operator, Violet Water Supply Corporation

Nominated by Linda Visor, Office Manager, Violet Water Supply Corporation

Ronnie J Hoelscher began working for Violet Water Supply Corporation in February 1968. His father, Jerome Hoelscher, was the first manager/ operator of the system which was dedicated on April 18, 1968 and serviced approximately 100 families in the rural Violet, TX area. During Ronnie's tenure as manager/ operator of the small water corporation, he accomplished an expansion of the system which now includes over 850 customers.

During his 52 years of service, Ronnie has made many changes and has facilitated expansions to meet the water needs of the rural communities. "At

the end of the day, it is important for our customers to trust that we are providing safe drinking water for families, the best service we can and are in compliance with all state regulations,” says Hoelscher. Ronnie is highly deserving of TRWA's attention and this significant award and recognition, congratulations! Excellence in System Management

Daniel Heideman, General Manager, County Line Special Utility District

Nominated by Susan Browning, Office Manager, County Line Special Utility District

beyond his job duties with a kind heart, a good attitude and patience that few people possess. Special thank you to AIA Insurance Agency for sponsoring this award. Small System Excellence

South Cleveland Water Supply Corporation

Daniel Heideman has been the manager of County Line SUD since 1981. In the 39 years since being hired, Daniel has operated the system with the utmost level of integrity and ethics. When Daniel was hired, the system had approximately 400 connections. Due to various reasons, neither the system’s infrastructure nor the bookkeeping were being adequately cared for. There were no maps of the system and the list of customers was incomplete. Daniel took a notepad and pencil, then walked the entire system. He created the first map and created an accurate list of customers and addresses with their corresponding meter serial numbers and readings.

For 17 years, Daniel was the sole employee of County Line WSC. During that time, Daniel spearheaded several initiatives to expand and replace infrastructure in preparation for growth. In 1998, Daniel hired his first employee. County Line SUD now has eight employees with 3800 connections plus 1200 reserved accounts. When met with opposition to obtaining new water sources, Daniel has repeatedly stated “this is our duty as a water company. We have to make sure people have water in the future.” Daniel is very active within his community and has consistently gone above and

South Cleveland Water Supply Corporation, a system with 950 water connections, is committed to providing safe, high quality water services to their community, while maintaining a standard of excellence in customer service, regulatory compliance and environmental conservation. South Cleveland WSC’s goals this past year were to improve the organization in all areas of performance, including the following noteworthy accomplishments: • The system optimized services to their customers by improving communications and outreach along with updating their payment system. This has allowed customers to easily see account status, make payments and have access when they need it, resulting in fewer late payments and happier customers. • With the help of an outside engineering firm, South Cleveland WSC put the finishing touches on a complete mapping and flow analysis of the water system. All lines, valves and hydrants are now mapped and will be continually updated. This will allow them to maintain all lines and valves more efficiently and project when and where to build their next well. They also updated all maintenance checklists for the system and equipment. • They improved the offices and shop by cleaning, remodeling and organizing. These improvements included adding a shower, lockers and full kitchen for the staff. These changes have boosted employee morale and

attendance. They also implemented an IRA for employees along with renewed health insurance. • They provide lunch and have employee meetings to discuss issues such as safety, projects, rules, regulations or parts of the Tariff for better understanding. Sometimes talks are based on an item found on the “Ask Larry” section of the TRWA website. This has created a better understanding by all about the system’s needs, tasks, goals and objectives. • Their Board of Directors meet monthly to provide oversight and direction to the organization. They have been supportive of the cost outlay and changes required to get the system to where it is today. Their success would not be possible without their Board members.

The impact has been felt at every level by the customers, the employees and the Board members. Congratulations to South Cleveland WSC for taking a proactive stance in meeting their future needs. We would like to thank CoBank for sponsoring this award! Large System Excellence

Dripping Springs Water Supply Corporation

After decades of recording water meter data by hand and on foot, toting a clipboard house-to-house came to an abrupt halt with the investment and installation of an Automated Meter Reading (AMR) system. This technological advancement allowed staff to focus their time on further improving our system infrastructure including replacing waterlines, installing more efficient pumps, lowering water loss and making system software updates. Additionally, management committed funds to upgrade its system software to generate real-time daily water trends to management allowing operators to react and troubleshoot any water distribution matter; thereby further minimizing system downtime and water loss.

Dripping Springs WSC members can now sign up online and instantly connect to their water consumption used at their home or at their business. The investment in and combination of AMI and Customer Portals allows both members and staff for the first time to have an instant water conservation strategy to further minimize the loss of water and equally as importantly, bolster the availability of water.

Dripping Springs WSC continues to look to the future with additional system improvements including researching the benefits and feasibility of an Aquifer Storage and Recovery (ASR) well. These forwardthinking investments have proven Dripping Springs WSC is in the industry forefront of water conservation placing members ahead of profits. Congratulations to Dripping Springs WSC for their Large System Excellence award! Special thank you to MasterMeter for sponsoring this award.

Congratulations to the 2020 Awards of Excellence recipients, and a big thank you to everyone who helped spread the word about this program. Without you, these programs would not be possible. Stay tuned — the nomination period for the 2021 awards will open in August!

Dripping Springs Water Supply Corporation’s beginnings were humble, serving a few hundred water connections annually. Due to tremendous population and commercial growth in the last decade and a half, it now serves water to nearly 2,000 water connections every day. Faced with a roaring demand for water in western Hays County, Dripping Springs WSC took hold of the wheel, expanded their services and developed infrastructure to meet the thirsty needs of their existing and new members.

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Keep It Legal Answers to Members’ Questions by TRWA Assistant General Counsel Trent Hightower

Q: On March 27, congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion package designed to aid individuals and entities impacted by the coronavirus situation and subsequent business shutdowns. Are rural water systems eligible for the Paycheck Protection Program (PPP) or Economic Injury Disaster Loan (EIDL) program?

A: In addition to providing customers with access to funds to help them pay their utility bills, the CARES act created two sources of funding for small businesses: the Paycheck Protection Program (PPP), which is administered directly by local lenders, and the Economic Injury Disaster Loan (EIDL), which is administered by the Small Business Administration. The PPP provides forgivable loans to assist qualifying entities in covering payroll costs. Initially, based on the language of the statute, it was thought that neither water supply corporations (WSCs) nor districts qualified for this program. However, in late April, Deputy Undersecretary for Rural Development Bette Brand announced that agricultural cooperatives such as WSCs have been determined to be eligible for the program as long as they meet all other eligibility requirements. Qualifying utilities should work with their local banks to put together an application as soon as possible, since funds for the program tend to be quickly depleted once approved by Congress.

The EIDL program is available to all nonprofits, including WSCs, and provides eligible organizations with non-forgivable loans at a rate of 2.75 percent. Loans can be for up to $2 million and can be used for any business purpose due to temporary loss in revenue, but not for business expansion. Applicants can also receive a $10,000 grant within three days of applying for the loan, though the loan may take up to a month to receive. Applications for this program are processed directly through the SBA website. For a period of weeks, the SBA was not accepting new applications under the program. However, on May 5, 2020, they began accepting applications for “agricultural businesses” only. It is unclear whether this would apply to water supply corporations in the same manner that the term “agricultural cooperatives” was deemed to apply to them under the PPP above. Therefore, interested WSCs are encouraged to apply and let the administration determine their eligibility.

Additionally, our national organization, the National Rural Water Association (NRWA), is working closely with legislators in Washington for more tailored relief for water utilities in subsequent coronavirus relief bills. Specifically, they are advocating for funding to USDA Rural Development to assist utilities that are financially impacted by lost or reduced customer revenue during the crisis. The goal is to provide affordable financial assistance necessary to keep staff employed and ensure the utility’s current and ongoing financial sustainability. NRWA is also seeking funding for utilities that have to backfill operators or other staff if their employees become infected or are quarantined during this time. We will let you know as soon as we learn more COVID-19, the illness caused by the novel coronavirus, has caused numerous shutdowns and cancellations around the globe since it first appeared last December. The TRWA Legal Department has fielded a high volume of calls about how best to conduct business, elections and annual meetings during these uncertain times. This is a special edition of "Keep It Legal" to address some of these more common COVID-19/Coronavirus-related questions. "Our national organization, National Rural Water Association, is working closely with legislators in Washington for more tailored relief for water utilities in subsequent coronavirus relief bills."

about funding opportunities in the CARES Act or any subsequent legislation.

Q: Can we still disconnect customers’ service for nonpayment or other violations of our tariff or rules during a declared state of emergency? What do we do about late fees?

NOTE: The answer below is subject to the Governor’s ongoing emergency declaration, which was still in effect as of April 21, 2020. Utilities will be able to disconnect service as usual once the emergency declaration has been rescinded. Please check www.trwa.org/covid19 to verify the current status of the governor’s declaration.

A: WSCs, Districts and Cities are free to decide the policy that is best for their communities, but TRWA recommends that they not disconnect service during the COVID-19 emergency. On March 26, the Public Utility Commission (PUC) issued an order banning disconnection of water and power service by privately owned utilities and requiring them to put customers on deferred payment plans. The order lasts until the governor’s ongoing disaster declaration is terminated, and although it only applies to investor-owned utilities, other types of utilities are strongly encouraged to voluntarily implement similar measures to avoid negative press and possible legislative repercussions in the future. No system wants to be painted in the media or in a legislative hearing as being responsible for exacerbating a pandemic in their area by disconnecting service at a time where people are required to be home and vigilantly washing their hands.

As for late fees, utilities are free to implement whatever policy makes the most sense for their communities. Some systems have chosen to waive fees, at least for a time. Others are allowing the fees to accumulate, but putting customers on a payment plan. I have also heard of some systems who are requiring customers to demonstrate financial need due to the COVID-19 situation, such as a letter from an employer describing a layoff or furlough, or proof that they recently applied for or obtained unemployment benefits. No matter what policy you implement, if you’re not waiving late fees entirely, it is important to communicate to your customers that they are still responsible for their fees and bills, even though you aren’t using your usual enforcement mechanism — disconnection –— during this time.

Q: Due to social distancing guidelines and reduced revenues caused by the COVID-19 pandemic, we are having to look at reducing the hours of some of our employees. How do we go about doing that while minimizing the financial impact on those employees?

A: Since utilities provide an essential service and they will need the full strength of their workforce once this crisis ends, TRWA recommends maintaining your workforce at full salary even if you are staggering or reducing work hours. However, if the continued sustainability of your utility depends on reducing hours and pay for some employees, you can help soften the blow for them by utilizing the Texas Workforce Commission’s shared work program, which allows employers to reduce an employee’s hours and supplement their wages with partial unemployment benefits. Employers can tailor a shared work program based on different departments, shifts or units, each of which must have at least two employees. This allows the employer to focus benefits on areas most affected by the current downturn. Additionally, the employer is free to return individuals to fulltime on a temporary basis and then continue the plan as needed. Employees participating in shared work unemployment benefits must reduce their normal weekly work hours by at least 10 percent but not more than 40 percent, and the reduction must affect at least 10 percent of the employees in any business unit or shift. More information can be found at: https://www.twc.texas.gov/businesses/ shared-work.

Q: Would reducing an employee’s hours impact their insurance coverage under our policy?

A: You will want to verify with your insurance carrier, but generally insurance companies are now allowing employers to continue to pay their employees’ premiums to maintain health coverage during the pandemic even if an employee works less hours than is normally required for coverage.

Q: An employee is displaying symptoms of COVID-19, can an employer require the employee to go home?

A: Yes. During a pandemic, an employer is allowed under the ADA to require an employee to leave the workplace, particularly if the employee is exhibiting symptoms that would pose a threat to the remaining workforce.

Q: Can an employer ask an employee whether the employee has symptoms of COVID-19 (e.g., fever, shortness of breath, etc.)?

A: Yes, an employer can ask if an employee is experiencing symptoms of COVID-19. However, any information received from the employee must be treated as confidential medical information. Therefore, as with any other employee medical information, such information must be stored in a confidential file, separate from the employee’s personnel file. Additionally, employers should not disclose the identity of an employee diagnosed with COVID-19 or experiencing symptoms of COVID-19.

Q: Many jurisdictions have limited the number of people who can congregate in one place, and some have restricted public gatherings altogether. Can we conduct our board meetings and annual meetings by phone or videoconference?

A: Yes, subject to a special order of Governor Greg Abbott. Under normal circumstances, the Texas Open Meetings Act (TOMA) reserves telephone and videoconference meetings strictly for emergencies, and in the case of videoconferences they are subject to extremely burdensome technical requirements that often make them impractical. While well-intentioned, these rules are simply unworkable during an ongoing pandemic. TRWA joined with the Texas Municipal League in requesting the Governor make exceptions to these requirements. In March, Governor Greg Abbott signed an executive order suspending many of these requirements until his March 13, 2020 disaster declaration is lifted or expires.

Under the order: • Boards may meet by phone or videoconference without a quorum or

presiding officer being physically present at a specified location, provided that a quorum participates in the meeting. • Systems are not required to post physical notice of the meeting as long as their online notice includes a toll-free dial-in number or free-of-charge videoconference link, along with an electronic copy of any agenda packet. • Systems are not required to provide the public with audio access to a phone or videoconference meeting to members of the public who are physically present at a specified location, as long as the dial-in number or videoconference link provided in the notice allows for the public’s two-way communication with the board. • The board must make a recording of any phone or videoconference meeting available to the public. • The new law requiring a public comment period at meetings is still in effect. However, boards are not required to facilitate faceto-face interaction if they offer alternative methods for the public to communicate with them. Dial-in communications, participation in group videoconferences, submission of questions by email, or other reasonable means of communication would presumably satisfy this requirement. The governor’s order would also apply to your annual members’ meeting. There are numerous conference call services out there — TRWA uses Telspan for our phone meetings. For a fee, attendees can call a 1-800 number to listen and participate in the call.

For a complete list of the open meeting provisions that have been temporarily suspended, visit texasattorneygeneral.gov. Systems may contact the Office of the Attorney General with questions

about the suspension order by telephone at (888) 672-6787 or via email at TOMA@oag.texas.gov. Officials with questions about teleconference and videoconference capabilities offered by the Texas Department of Information Resources should visit dir.texas.gov or call (512) 475-4700.

Q: A member of our water supply corporation has asked us to disconnect service at a rental property they own. The tenant of that property does not want service disconnected. Should we disconnect service here in light of the Public Utility Commission’s (PUC) recent guidance that utilities not disconnect service during the ongoing pandemic emergency? Does it matter whether the tenant has kept up with their utility payments?

A: This is a tricky situation that WSCs might find themselves in given the unique nature of their relationships with property owners and their renters. Under normal circumstances, we would advise members that they are free to disconnect service regardless of whether the tenant’s account is current, because most WSCs have a customer relationship with the property owner, not the renter. However, given the PUC’s recent steps to prohibit disconnections by investor-owned utilities, as well as many jurisdictions’ prohibiting landlords from evicting tenants for nonpayment during the crisis, we caution our members against disconnecting a tenant’s water service during this time.

In normal times, a property owner can request that the utility disconnect service regardless of whether the tenant has kept their account current. The Property Code gives the renter some remedies against their landlord for interfering with their utility service, but that is a private dispute between them that can be resolved without the utility’s involvement. While the PUC’s recent order only directly prohibits investor owned utilities from disconnecting water service, we have advised our WSC and district members to voluntarily implement similar policies to avoid any negative or legislative attention that might come from disconnecting service during this emergency.

Unfortunately, the renter/landlord scenario places the WSC in a tenuous position. Landlords will likely take issue with being forced to pay for water service they no longer want if utilities refuse their disconnection requests, but renters could cause problems for systems in the court of public opinion if their service is disconnected during a pandemic. If a WSC chooses to comply with a property owner’s request to disconnect service to their rental property, the system should be careful to follow all required steps in their tariff, including giving adequate notice to the renter before disconnecting. Also, be sure that the landlord’s request is documented in writing before disconnecting service.

If you have a legal question you would like answered, please email legal@trwa.org.