Loading...
HomeMy Public PortalAboutBOWS 2018-09-20 '19 JAN 14 3:09PN MEETING OF THE ORLEANS \COQ. , vessY BOARD OF WATER/SEWER COMMISSIONERS ORLEANS TOWN C September 20, 2018 CLERK A meeting of the Board of Water and Sewer Commissioners was held Thursday, September 20, 2018 in the Nauset Room, Town Hall: Those present were John Meyer and Leonard Short of the Board; Richard Hartmann and Herbert Kinney, Associate Members of the Board, Todd Bunzick and Susan Brown of the Water Department. Absent were Robert Rich, Kenneth Rowell and Chet Crabtree of the Board and Tom Daley, Director of Public Works and Natural Resources. John Meyer called the Board of Water and Sewer Commissioners meeting to order at 1:00 p.m. MINUTES On a motion by Leonard Short seconded by Richard Hartmann the Board voted to approve the minutes of the meeting of August 15, 2018 as submitted. The vote by the Board was 4-0-0. WATER DEPARTMENT REPORT. SUPERINTENDENT'S REPORT WELL#1 Maher Services began redevelopment of well #1 WELL#5 The pump at well#5 had to be repaired and a new electric motor was ordered. The existing motor will be repaired and kept as a spare. Well #4 & 5 are scheduled to be redeveloped sometime this year. STORAGE TANKS Both storage tanks were power washed by The National Wash Authority of Morrison, Illinois. The Board was shown pictures of before and after. NEW BUSINESS COMMITMENTS/ABATEMENTS/REFUNDS A motion was made by Richard Hartmann seconded by Leonard Short to commit for the month of August 2018 to rate $1,058,192.52, to installations $0.00, to services $920.00, to usage $472.36 and to added billing $1,358.88.The vote by the Board was 4-0-0. BAYBERRY 5F Minutes 9/20/2018 1 On a motion by Leonard Short seconded by Herbert Kinney the Board voted to apply the usage at the lowest rate after the average usual rate and abate the difference of $269.21 from account #3348 because of a leak in the pit which was repaired by the Orleans Water Department in conjunction with Ponderosa Property Management. The vote by the Board was 4-0-0. 59 FINLAY RD A motion was made by Leonard Short seconded by Richard Hartmann to apply the usage at the lowest rate after the average usual rate and abate the difference of $438.84 from account #3274 because of a leak in the private plumbing. The vote by the Board was 4-0-0. 170 MAIN ST A motion was made by Leonard Short seconded by Richard Hartmann to apply the usage at the lowest rate after the average usual rate and abate the difference of $1,381.87 from account#754 because of a leak under the house.The vote by the Board was 4-0-0. HISTORICAL REVENUE At the request of the Board Susan Brown of the Water Department provided them with a graph of historical revenues to compare our latest billing with past years. The graph indicated a trend of decreased revenue. This will be a problem if the trend continues with the next billing cycle. ADJOURNMENT At 1:42 p.m., a motion was made by Leonard Short and seconded by Herbert Kinney to adjourn the meeting. The vote by the Board was 4-0-0. JOINT MEETING WITH THE BOARD OF HEALTH A joint meeting of the BOWSC and the BOH began at 2:00 as the first item on the Board of Health's agenda. LIST OF DOCUMENTS USED 1. Draft minutes August 15, 2018 2. Commitment August 2018 3. July 2018 Statistical Report 4. Before and After Pictures of both storage tanks from power washing 5. 8-15-2018 list of accounts for lien 6. Historical revenues 7. Abatement request, September 12, 2018 from 59 Finlay Rd. 8. Abatement request account#754, 170 Main Street 9. Abatement request account#3348, 55•OId--Colony Unit F-5 Minutes 9/20/2018 2 The next regular meeting is scheduled for October 17, 2018 at 1:30 pm. Secretary, Board of Water/Sewer Commissioners Minutes 9/20/2018 3 /9 TOWN OF ORLEANS —BOARD OF HEALTH " �Pt MINUTES OF MEETING September 20, 2018 The Orleans Board of Health convened its meeting at 2:00 p.m. on Thursday, September 20, 2018 in the Nauset Meeting Room of the Orleans Town Hall. Present for the Board of Health: Chairman,Mr.Joseph Hartung,Vice Chairman,Mr. John Smith,Attor- ney John Kanaga,Mr. Sims McGrath,Jr., and Mr.Luke Chapman. Also present: Orleans Health Agent, Mr.Robert Canning. Mr.Hartung called to order this meeting of the Orleans Board of Health. Agenda Item 1 —Joint Meeting with Board of Water and Sewer Commissioners —Water Shut-Offs for Unpaid Water Bills Present for the Board of Water and Sewer Commissioners: Chairman,Mr.John Meyer,Mr.Len Short,Mr. Chet Crabtree,Mr.Richard J.Hartmann,Mr.Herbert Kinney,Associate, and Mr.Robert Rich(in the audi- ence). Also present: Water Department Superintendent,Tod Bunzick Water Department Assistant Superin- tendent, Susan Brown, Treasurer Scott Walker,Finance Director, Cathy Doane, and Town Administrator, John Kelly(observing). Mr.Meyer called to order this meeting of the Orleans Board of Water and Sewer Commissioners Mr. Walker explained how he and Ms.Doane might have an additional tool for collecting delinquencies on unpaid water bills. He noted that once an account is more than one year past due he would lien those un- paid charges to a tax bill for the property. Mr. Walker gave an example of a property, one of many,with an overdue water bill. There are many repeat offenders,with the means to pay for their water bill but choose not to pay them. He noted that many are also real estate tax delinquents as well. After placing a lien on the combined water and real estate bill,he would like the option of terminating water service to the property until the bill is paid. This option would not apply to all residents,but mainly to those obviously with a means to pay the bill, i.e.rental properties or second homes. Mr. Hartung inquired about how the Treasurer would determine which property owner should have water service terminated. Mr. Walker explained that he and the Water Department staff would use their due dili- gence to determine those properties of repeat offenders. If people give reasonable explanations such as they don't have the means to pay or they are insolvent,staff would work with them to resolve the situation. If, after some investigation of the property owners,it becomes evident that they have the means to pay their bills but choose not to pay the Town,those properties should have their water service terminated. Many of them ignore all correspondence from the Town to them. The people that inquire about a payment plan to pay their overdue bills are seriously encouraged to do so. Mr. Chapman noted that it seems like some people are willing to set up a payment plan. Mr. Smith sug- gested crafting a policy or procedure, so it doesn't appear to be an arbitrary decision. Mr. Walker explained that they have been working on a standard procedure. Mr. Smith inquired if there is an appeal process. Mr. Walker inquired of the Commissioners if they have an appeal process in place, although they do have an appeal procedure for abatement requests. Mr.Meyer explained that just about every month they receive appeals for abatements.Many of these result from an unknown leak in the water line that is not discovered until the meter is read and compared to the reading from six months ago. Although it is the property owner's responsibility, occasionally they make allowances. Mr. Meyer noted that it is his understanding that nonpayment of a tax or water bill prevents a property U:\HealthDept\health\Board of Health Minutes\Draft Minutes\BOH Minutes 2018--09-20 lb.docx 1 owner from getting a beach permit. It seems that during the last few months many owners paid their over- due bills in order to obtain the beach stickers. Mr. Short agreed that there needs to be real definition as to where the line is drawn as to when to terminate water service to a property. When you turn off water it becomes a health hazard and the Town should not be putting people into that situation. There have been some situations where the Commissioners have not terminated water service because it is evident that it would become a health hazard. They also understand that there are some residents that cannot pay for their water service for whom they make allowances. Mr.Meyer noted that when a lien is placed on a property, and when that property is sold, any lien is paid first, and the Town would be paid what it is owed tot. It is up to them to be sure an unsafe condition doesn't occur. Mr.Kanaga explained that there is another tool. The State can garnish the entire paycheck of someone in arrears. This gets their attention to pay their bills. Mr.Meyer emphasized the need to really know their customers and be able to realize which property own- ers cannot afford to pay the water bill. Mr.Hartung agreed that the Water Department and Commissioners need to know who has a real hardship or who is a repeat offender. Mr. Chapman commented that if a property owner is not responding to corre- spondence it is pretty evident that they have no intention of paying the bill. Ms. Doane explained that she is requesting from the Commissioners a change to their regulations to expand the opportunity to shut off water,not only for commercial but for residential offenders. However, she em- phasized that the goal is not to shut off water service,but they need another tool to get offenders' attention. They do not care about a lien because the Town may never get payment. People that don't use the beaches won't care that they cannot get a beach sticker. The water will not arbitrarily be shut off. However,the Commissioners will listen to appeals and the Board of Health can be involved if it becomes a dangerous sit- uation. A lien attached to a property will be charged at fourteen percent, however that does not pay the Town's current bills. It means that good payers will end up paying those bills. The Town is not in the busi- ness of making loans to property owners. Mr. Smith emphasized the need to have a new tool in writing. Ms. Doane commented that the Board of Water and Sewer Commissioners must amend theft regulations to allow the Water Department and Tax Collector the ability to use a new Standard Operating Procedure that is agreeable to everyone on these boards. Ms. Brown explained that she had given the Commissioners a draft of a new procedure. She allowed that the Water Department is currently allowed to terminate water service to commercial properties for nonpay- ment. She added that"If warranted,residential accounts may also be shut off until payment in full, plus a reconnection fee is received by the Water Department." She noted that"If warranted"must be defined. Mr. Meyer inquired if this would be an amendment to the current regulation. Ms.Brown also mentioned that the Water Department would not set up payment agreements;that would be done by the Treasurer. The Water Department would no longer set up payment plans to avoid termination of water service. Mr.McGrath noted that the Town must ensure it is not creating the opportunity for additional liabilities. The Town must understand that a property may be caught in situations such as a long probate. If water ser- vice is terminated it could diminish the value of the property,which in turn diminishes the value of an es- tate,which makes it difficult for the lien to be paid to the Town. It is imperative to ensure all situations are covered in an agreement. There must also be a determination that a health concern is not created. These issues must be in the forefront of any decision. He requested a draft list of criteria before he could support termination of water service. Ms.Doane responded to Mr. McGrath's comments by requesting a copy of the Board of Health's concerns regarding a health hazard. She requested a copy of other towns' policies or regulations regarding termina- tion of residential water service. She has consulted with Town Counsel regarding a tool for collection of U:\HealthDept\health\Board of Health Minutes\Draft Minutes\B OH Minutes 2018--09-20 lb.docx 2 unpaid bills. They would need counsel from an attorney regarding a potential health hazard from lack of water service. Ms.Doane noted that Orleans has never foreclosed on a property,but they will now move forward with foreclosures. She requested specific concerns relating to health issues to be considered and requested that the Water and Sewer Commissioners amend their regulation to open it to all water users. Mr. Canning noted that Chapter II of the State Housing Code states that the"loss of water service is a con- dition deemed to endanger". He noted that occupied homes are a concern. It must be determined how to deal with the loss of water service in short-term rentals. If the Board of Health is put in a position where they must relocate occupants,the Town may be required pay for those expenses. It would be necessary to have these concerns outlined in a standard procedure. Homes that are not occupied would not need to be considered under the Housing Code. Ms.Doane noted that she would like Mr. Canning to be on the committee for his expertise and support in developing a standard procedure to be followed for termination of water service and for him to reach out to other communities for their experiences in these matters. Her main goal is trying to maximize collection activity and to provide awareness and accountability to Orleans residents who pay their bills on time. Mr. Smith commented that looking at the proposed changes,the two most important words are "if war- ranted"; and there is no definition in the regulation or in the proposed procedure as to what"if warranted" means. Mr.Rich stated that he is not in favor of the Water and Sewer Commissioners approving this change unless they see a draft. There is a risk to the town,regarding Mr. Canning's remarks,.and those risks could be seri- ous and create liabilities. Mr. Chapman commented that given the costs to the Town, fourteen percent interest and$50 is not enough to get people to be responsive. Ms.Doane responded that the fourteen percent is set by statute,while the $50 is a Town charge. Ms. Brown added that some communities include a charge for placing a lien on the property as well. Ms. Doane responded that Orleans also charges lien fees which are attached to the bill when it is recorded. Mr. Walker noted that it might not be collected for years later. Mr.Meyer added that if the property transfers to family,there is no chance to collect the arrears at that time. Ms.Brown noted that the lien transfers with the property. Mr. Canning reiterated that the purpose of this joint meeting was to seek input from the Board of Health. He pointed out that the Water and Sewer Commissioners make the decision whether or not to terminate wa- ter service to a delinquent property. Mr. Short pointed out that the Water Department has proposed to change the water meters in Orleans to al- low for quarterly billing. An advantage of the new meters is that they will detect leaks more rapidly. Cur- rently the Commissioners frequently adjust the charges for leakages with compassion for the property owner;however,the new meters will allow for immediate notification of leaks. Mr.Meyer concurred that the Town would not be giving away as much water because an owner will be no- tified quickly to enable them to have the leaks repaired. Having one of the new meters for a trial period,he announced that they work perfectly. Ms.Brown explained that the new meters will also show whether a property is unoccupied. There are many nonresidents in Orleans. Mr.Meyer pointed out that because many of the delinquent property owners have income from their rental properties,they must take more responsibility for paying their bills. Mr. Short inquired if it is justifiable to penalize a tenant for an owners' non-payment of the water bill. Mr. Chapman noted that it might be wise to allow tenants to pay the water bill in order to have continuity of their water service. U:\HealthDept\health\Board of Health Minutes\Draft Minutes\BOH Minutes 2018--09-20 lb.docx 3 Ms.Brown outlined that a tenant paying rent to occupy the property can pay the water bill to avoid the wa- ter being shut off,then they can reduce their rent payment to the owner. Orleans has allowed a tenant to • pay the water bill. Mr. Canning commented regarding the teuuination of water service and a long-term tenant accepting re- sponsibility for payment. The general laws do provide for that, but it should be included in the development of a standard procedure that long-term tenants must be notified in the case of a potential loss of water. Short-term rentals present a different situation. Mr.Kanaga noted that it costs more than $50 to shut off and turn back on water service. The cost of inves- tigating whether or not the property is occupied,have hearings, legal fees and filing fees for filing liens, as well as the shut off and reinstating water services are well over the$50 currently charged. Mr. Walker noted that if termination of water service happens to one property—the word gets around. Then the threat means something before moving to a lien process. He also acknowledged the success of the beach sticker program for prompting people to pay their delinquent bills before they can obtain a sticker. Mr.Kinney commented that having another tool in the tool kit is helpful, but care must be taken because of the health issues. If people refuse to contact the Water Department or Tax Collector,they must have the tools necessary to get action. This discussion must be carried forward. Mr. Hartman is concerned that the Commissioners have been asked to amend water termination policy,he would like to have the criteria to evaluate and then discuss again. He wants to know how the Water Depart- ment would proceed with a termination of water service. Mr.Kelly explained that procedurally amending a regulation needs a public hearing. The public hearing would be the opportunity for disclosure and discussion of the protocols to be followed. He noted that there have been several previous discussions about this matter. Whatever is decided as a procedure must protect Orleans. He cautioned the Commissioners to keep in mind that another user-based fee system will be devel- oped to pay for the sewers. A public hearing will set forth the purpose for considering a change to the regu- lation. The Commissioners would develop a baseline policy to be considered, but all affected departments must be comfortable with the draft, and then a public hearing can be conducted. He cautioned the Commis- sioners that very soon they will also be looking at the policy from the sewer situation. Mr.Meyer stated that he appreciates the input from the Board of Health and staff,and he is concerned that Town Counsel continue to be involved in amending the regulations. Ms.Doane reiterated that the Commissioners would like staff to form an in-house committee consisting of Water,Health, and Treasurer. Commissioners agreed and commented that it is the correct order for the pro- cess. The Board of Water and Sewer Commissioners adjourned their participation in the joint meeting with the Board of Health at 2:45 p.m. Mr. Hartung declared a three-minute recess for the Board of Health. At 2:48 p.m.the Board of Health reconvened its meeting. Agenda Item 2—Public or Press There was no one present from the Public or Press. Agenda Item 3 — Variance Request— 117 Lake Drive Mr.Kanaga noted that"to avoid the perception of a conflict he explained that his wife works at a large en- gineering firm appearing today. She has nothing to do with any of the projects in this town,has not seen this project, does not work on this project, and is not a partner at the firm;so there is no conflict. U:\HealthDept\health\BoardofHeal thMinutes\Draft Minutes\BOHMinutes2018--09-20lb.docx 4