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Home My WebLink About2011-04-21-WSAB-min Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 April 21, 2011 Approved 6/2/2011 Attendance: Board Members – Jim Osten, Member; Loren Wood, Chair; Maria Constantinides, member (arrived at 4:55 pm) Staff: Rob Addelson, Assistant Town Manager for Finance; Bill Hadley, DPW Director; Erik Gitschier, Water/Sewer Superintendent; Elizabeth Tucker and Robin Fullford, Water/Sewer Enterprise Dennis Meehan; Consultant Also present: Mr. Charles Cassell, 9 Independence Road Chair Loren Wood called the meeting to order at 4:30 pm. The order of business was conducted as follows: Mr. Charles Cassell was on hand to discuss his appeal on 9 Independence Avenue. Chair Wood asked that any discussion be put off until Ms. Constantinides has time to address the issue as she had not attended the last few meetings. Mr. Cassell asked why the board put into place a policy to only go back one billing period and apply it to 7 Blossomcrest but choose not to apply it to his case. Mr. Wood stated he wants to talk to Ms. Constantinides before going any further to understand her reasoning in the case of 7 Blossomcrest. He stated this might not be a rule, but a circumstance that only applies to 7 Blossomcrest. Mr. Cassell stated that if it is only a one time rule, it should be reviewed by Town Counsel for its appropriateness. He stated that the written record will prevail and the minutes do not call the 7 Blossomcrest decision a “rule”. Mr. Cassell further stated that when the written record was not clear, in his opinion an inquiry is needed. It was agreed that Mr. Cassell’s appeal will be dealt with at the next meeting (see Minutes of June 2, 2011 for resolution and see Minutes of the January 20, 2011 for information regarding 7 Blossomcrest Road). ` Abatement requests for consideration: Ms. Fullford presented a status report as follows: 13 Applications to be heard tonight 7 Incomplete Applications 1 Ongoing dispute regarding 9 Independence Avenue 16 Applications on Hold for Lack of History 41 Total Pending Applications DOMESTIC LEAKS 27 Paul Revere Road - APPROVED C:\Documents and Settings\cfiore\Local Settings\Temporary Internet Files\OLK143\Approved Amended Minutes April 21 1 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 April 21, 2011 The homeowner applied for an abatement on bill #668107 because he had a leaking toilet. A staff visit revealed a leaking toilet which was shut off until repaired (check to plumber attached). An average usage of 41 hcf is established and the excess usage of 93 is calculated at the tier one rate. Staff recommends an abatement in the amount of ($346.92.) It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept Staff’s recommendation as presented. 23 Peachtree Road - APPROVED The homeowner applied for an abatement on bill #661683 dated 11/16/10. In October, we contacted the homeowner and made her aware of high usage and a potential leak. Staff visited on 10/1/10 and discovered 3 toilets malfunctioning and could hear something running that they were unable to identify. The homeowner hired professionals who found and fixed an extensive leak under the slab, rerouted the piping, and repaired three toilets. This calculation assumes the excess water did not enter the sewer system. This calculation further takes into account the fact that the last three bills were extraordinarily high and they are all adjusted by charging tier one rates for water used in excess of the averages. Staff recommends an abatement in the amount of ($2,982.14). It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept Staff’s recommendation as presented. 15 Vine Brook Road - APPROVED The homeowner applied for an abatement on Bill #665250. A staff visit revealed a leaking toilet which was shut off until fixed and adjusted three toilets at high water level. Staff established a 3 year average usage of 64 hcf and recalculated the excess usage of 75 hcf at the tier one rate resulting in a recommended abatement of ($798.82). However, staff discovered that Bill #594263 should have been billed at 120 hcf but was only billed for 20. This adjustment is included resulting in Staff recommending an abatement of ($713.98). It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept Staff’s recommendation as presented. IRRIGATION LEAKS 15 Wheeler Road– APPROVED The homeowner applied for an abatement on his domestic account due to excessive usage of irrigation caused by a leak. In this calculation, staff established a 2 year average usage of 16 hcf which is calculated at the Irrigation Rate. The excess usage of 135 hcf is recalculated at the tier one rate. Staff recommends an abatement of $396.90. Ms. Fullford expressed her unease with the fact that, in a case like this, there is no way of knowing if a customer watered heavily because of dry summer conditions. It was moved by Mr. Osten, seconded by Mr. Wood and approved unanimously to accept staff’s recommendation as presented. C:\Documents and Settings\cfiore\Local Settings\Temporary Internet Files\OLK143\Approved Amended Minutes April 21 2 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 April 21, 2011 BILLING ISSUES 1 April Lane – APPROVED The Hamilton Company applied for an abatement. Staff verified that this irrigation account has not been used since 2005 and should not have been billed through 2010. This calculation negates all of the erroneous billings. Staff recommends an abatement in the amount of ($6,995.78). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation as presented. 3 April Lane – APPROVED The Hamilton Company applied for an abatement. Staff verified that this irrigation account has not been used since the current customer moved in in 2005 and should not have been billed through 2010. This calculation negates all of the erroneous billings. Staff recommends an abatement in the amount of ($1,100.70). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation as presented. 33 Bedford Street - HELD 7 Carmel Circle – HELD 42 Maple Street – APPROVED When this meter was removed for a tear down, it was discovered the inside read was higher than the outside visual read causing the account to be under billed possibly for years. WSAB previously rejected a 4 year redistribution. Taking the redistribution back three years, results in a recommended positive adjustment of $517.90. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation as presented. 20 Walnut Street - HELD 319 Woburn Street – HELD 2 Nowers Road – APPROVED An application was filed due to a high bill (#666668). It was discovered at the fall 2010 billing that this account had been erroneously inactivated after a final billing on 7/7/2007 and the new owners received a bill for the entire 3 year usage. By establishing an average daily usage and redistributing that usage over 6 billing periods, an abatement of ($2,595.76) is recommended. This application was brought to the board on January 20, 2011 in the amount of ($1,655.84). The board approved it but staff later recognized an error and recalculated resulting in a recommended abatement of ($2,595.76). C:\Documents and Settings\cfiore\Local Settings\Temporary Internet Files\OLK143\Approved Amended Minutes April 21 3 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 April 21, 2011 It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation to negate the January 20, 2011 vote to abate ($1,655.84) and to approve staff’s recommendation to apply an abatement of ($2,595.76). The originally approved abatement had not been committed to the Board of Selectmen so no corrective action is needed. IRRIGATION THROUGH DOMESTIC METER 3 Thoreau Road – APPROVED The homeowner called when he realized he hadn't received a fall bill (delayed recognition). He applied for an abatement based on irrigation through a domestic meter and had not received one in the past. Staff established a 3 year average usage of 35. 70% of the excess usage was recalculated at the irrigation rate resulting in a recommended abatement of ($1,083.90). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to adjourn the meeting at 6:45 pm. Respectfully submitted, Robin Fullford Fund Manager C:\Documents and Settings\cfiore\Local Settings\Temporary Internet Files\OLK143\Approved Amended Minutes April 21 4 2011.doc