Académique Documents
Professionnel Documents
Culture Documents
OF THE
Niagara Falls
Water Board
Financial Management
Report of Examination
Period Covered:
January 1, 2013 April 30, 2015
2015M-141
Thomas P. DiNapoli
Table of Contents
Page
AUTHORITY LETTER
INTRODUCTION
Background
Objective
Scope and Methodology
Comments of Water Board Officials and Corrective Action
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FINANCIAL MANAGEMENT
Local Water Fund
Authority Debt Service Fund
Water Board Operations and Maintenance Reserve
Water Board Construction Account and Authority Construction Fund
Recommendations
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5
6
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APPENDIX
APPENDIX
APPENDIX
APPENDIX
A
B
C
D
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Introduction
Background
The Niagara Falls Water Board (Water Board) and the Niagara Falls
Public Water Authority (Authority) are public benefit corporations
which were created in 2002 by a special act of the New York State
Legislature.1
The Water Board is governed by a five-member board (Board).
Board members are appointed by the Governor, the State Senate,
the State Assembly, the Mayor of the City of Niagara Falls (Mayor)
and the City Council. The Water Boards day-to-day operations are
supervised by an Executive Director appointed by the Board. The
Director of Financial Services is responsible for overseeing the
financial operations of the Water Board. The Director of Technical and
Regulatory Services is responsible, along with other administrators
and consultants, for preparing the Capital Improvement Plan (Plan).
The Authority is governed by a three-member board appointed by
the Mayor, the State Senate and the State Assembly. The primary
responsibility undertaken by the Authority has been issuing debt to
finance capital projects of the Water Board.
The Water Board owns and operates the City of Niagara Falls (City)
drinking water, wastewater and storm water systems (System) and
facilities. These facilities were purchased by the Water Board from
the City in September 2003 with the proceeds of debt issued by the
Authority. The operating budget for 2015 totaled $29.8 million and
included appropriations for the Water Authority and Water Board.
Revenues are derived from the fees, rents and service charges
established by the Water Board.
Objective
Scope and
Methodology
We examined the Water Boards records and reports for the period
January 1, 2013 through April 30, 2015. We reviewed transactions
that occurred prior to January 1, 2013 to complete our audit objective.
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1
See Laws of 2002, chapters 257 and 325, and enacting Public Authorities Law
Titles 10-B and 10-C.
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Financial Management
In addition to the special acts which created them, the framework
through which Water Board and Authority finances are governed are
set forth in an Acquisition Agreement,2 a Financing Agreement,3 an
Operations Agreement4 and a General Revenue Bond Resolution
(Resolution).5 These governing documents and the enabling acts set
forth specific guidelines and responsibilities for preparing the annual
budget, accounting records and financial reports and for establishing
the funds, reserves and accounts required by the Water Board and
Authority. For example, the Financing Agreement states that the Water
Board must include a provision for Board expenses6 in the annual
budget for the ensuing fiscal year, as well as for the amount, if any,
to be required to be deposited in certain other accounts. In addition,
pursuant to the Financing Agreement, at least 60 days prior to the
start of the fiscal year, the Authority is required to deliver to the Water
Board a certified copy of the Authoritys budget for the ensuing fiscal
year showing its operating expenses7 and debt service costs for such
fiscal year. Furthermore, both the Water Board and the Authority must
keep, or cause to be kept, proper accounting records which contain
complete and correct entries of all financial transactions relating to
their respective corporate purposes and annually obtain an audit of
records by a certified public accounting firm.
The Water Boards and Authoritys finances are commingled to the
extent that there is no clear division between the two entities. The
Water Board performs essentially all the financial operations with very
little involvement from the Authority. The Water Board maintains the
Authoritys bank accounts, and it prepares the budget and maintains
accounting records for both entities. For financial reporting purposes,
the Authority is presented as a blended component unit of the Water
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4
The Acquisition Agreement is between the Water Board and the City.
The Financing Agreement is between the Water Board and the Authority.
The Operations Agreement is among the Water Board, the Authority and the
City.
The Resolution, dated May 1, 2003, states that it is deemed to constitute a
contract among the Authority and a bank, appointed as trustee.
Water Board expenses are defined as all operating expenses, including salaries
and fringe benefits; administrative, engineering, advertising, auditing, accounting
and legal expenses; insurance premiums; consultants fees; and charges and
costs of improvements to the system not otherwise paid from the Water Board
Construction Account.
Authority expenses are defined as salaries and fringe benefits; administrative,
general, engineering, advertising, auditing, accounting and legal expenses;
insurance; consultants fees; and all other expenses necessary, incidental or
convenient for the efficient operation of the Authority.
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The minimum monthly balance to be deposited with the trustee to fund debt
service costs is defined in the financing agreement as the sum of monthly accrued
principal and interest on outstanding debt.
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APPENDIX A
RESPONSE FROM WATER BOARD OFFICIALS
The Water Board officials response to this audit can be found on the following pages.
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APPENDIX B
AUDIT METHODOLOGY AND STANDARDS
To accomplish our audit objective and to obtain valid audit evidence, our audit procedures for financial
management included the following:
We reviewed the Water Boards and the Authority Boards minutes and policies and procedures.
We reviewed the Water Boards and Authoritys agreements and contracts governing financial
management.
We reviewed the Water Boards and Authoritys bank accounts and banking activity.
We reviewed the Water Boards and Authoritys funds and reserves to determine if they were
adequately funded and used appropriately and in accordance with the governing agreements
and PAL.
We conducted this performance audit in accordance with GAGAS. Those standards require that we
plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis
for our findings and conclusions based on our audit objective. We believe that the evidence obtained
provides a reasonable basis for our findings and conclusions based on our audit objective.
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APPENDIX C
HOW TO OBTAIN ADDITIONAL COPIES OF THE REPORT
To obtain copies of this report, write or visit our web page:
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APPENDIX D
OFFICE OF THE STATE COMPTROLLER
DIVISION OF LOCAL GOVERNMENT
AND SCHOOL ACCOUNTABILITY
Andrew A. SanFilippo, Executive Deputy Comptroller
Gabriel F. Deyo, Deputy Comptroller
Tracey Hitchen Boyd, Assistant Comptroller
STATEWIDE AUDITS
Ann C. Singer, Chief Examiner
State Office Building, Suite 1702
44 Hawley Street
Binghamton, New York 13901-4417
(607) 721-8306 Fax (607) 721-8313
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