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Home My WebLink About2011-02-10-WSAB-min Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 APPROVED 2/24/2011 Attendance: Board Members – Loren Wood, Chair; Maria Constantinides, Member; Jim Osten, Member Staff: Rob Addelson, Assistant Town Manager for Finance; Bill Hadley, Director of Public Works; Dennis Meehan, Water/Sewer Superintendent; Elizabeth Tucker and Robin Fullford, Water/Sewer Enterprise. Mr. Wood called the meeting to order at 4:32 PM. The order of business was as follows: It was moved by Mr. Osten, seconded by Ms. Constantinides and voted unanimously to approve the minutes of the January 20, 2011 meeting as presented. Abatement Requests for Consideration: DOMESTIC LEAKS 8 Barrett Road - APPROVED The owner applied for an abatement of bill #663804 for excessive usage due to unknown leaks. Staff visited the residence and adjusted water level on two toilets and suggested homeowner repair an upstairs toilet. The homeowner has provided a receipt for a toilet repair kit. Based on a 3 year average of 35 HCF for the same billing period, by applying the tier one rate to the entire usage of 99 HCF, a leak-based adjustment of ($451.91) is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 18 Blueberry Lane - APPROVED Customer filed an application for abatement after receiving bill # 661602. This spring the homeowners had a new lawn installed and watered heavily due to the hot, dry summer. They understand this would be a one time abatement if approved and will have a separate meter installed for irrigation. Using the WSAB's policy of calculating abatements for use of domestic meters to irrigate lawns, staff recommends an adjustment of ($883.23). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 28 Grapevine Avenue - APPROVED The homeowner applied for an abatement upon receiving their fall bill. On November 30, 2010 Freiner Company repaired a leaking toilet and two leaking sink faucets (copy of bill provided). By establishing a three year average usage of 47 hcf, and applying the tier one rate to the excess of 47, an abatement in the amount of ($354.83) is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 1 Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 11 Loring Road - APPROVED The homeowner applied for an abatement on 1/25/2011 after staff visited and identified three toilets with issues. The homeowner provided a repair invoice from Kirkland & Shaw. Based on a three year average usage of 24 hcf, by applying the tier one rate to the entire usage of 49, an abatement in the amount of ($37.13) is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 44 Philips Road - APPROVED Staff notified homeowner of high usage, visited property and discovered a toilet leak. The homeowner had the toilet replaced; see invoice from Webb's Bath Center. All irrigation is said to be done via a well. By applying the three year average of 58 and establishing an excess amount of 50 hcf to be charged at tier one, staff recommends an abatement of ($470.90). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 23 North Hancock Street - APPROVED Customer applied for abatement after receiving his fall bill. He detected a silent leak in a toilet toilet and purchased a repair kit. After establishing a 3 year average usage of 57 hcf, we recalculate the excess usage of 45 hcf at the tier one rate. Staff recommends an abatement in the amount of ($385.76). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 396 Waltham Street - APPROVED The owner of Lexington Mobil applied for and received a leak-based abatement on bill # 645601. On 5/28/10 a malfunctioning toilet was replaced. The leak persisted through 50 days of the fall billing period and the owner has asked for consideration. Based on a three year average of 31 hcf, the average daily usage (ADU) is 0.19 hcf. The ADU for bill #663274 is 1.05 hcf. The difference is 72 hcf per day times 50 days = 36 hcf excess usage. By charging tier one on 36 hcf, an abatement in the amount of ($473.05) is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 75 Winter Street - APPROVED The owner of this rented home applied for and received a leak-based abatement on bill # 671274. On 6/19/10 a malfunctioning toilet was repaired by owner (see attached Home Depot receipt for repair parts). The homeowner has applied for a further abatement on the leak that persisted 40 days into the billing period. Staff presented a calculation based on percentage of time the leak persisted times the total amount used. The board rejected that calculation and requested a recalculation based on average daily usage for consistency. The normal average daily usage is 0.22 while the average daily usage of the fall bill is .23. That times the 40 days the leak continued equals 4 hcf to be billed at the tier one rate results in an abatement of ($27.90). 2 Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 75 Winter Street… It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept a recalculation based on average daily usage. 30 Wyman Road - APPROVED The owner applied for an abatement on bill #666034 due to a leaking toilet which was discovered and repaired on 12/06/10 (homeowner provided receipt for parts). The three year average usage is 37. Calculating all usage at tier one rate results in a recommended abatement of ($400.64). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 8 Myrna Road – HELD This application was withdrawn for further staff review. IRRIGATION LEAKS 23 Peachtree Road - HELD The homeowner applied for an abatement on bill #661683 dated 11/16/10. 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. Because the previous bill was also high, indicating that the leak started earlier, staff was asked to recalculate this abatement to include both billings. 13 Cider Mill Lane – APPROVED On 1/31/2009, the homeowner applied for an abatement on bill #615828 due to high usage. At an April 2010 WSAB meeting members of the board asked for proof of repairs. We contacted the homeowner and received correspondence from LCM Landscape and Irrigation Plus stating they had identified and repaired "a number of leaks in the irrigation system." Using three typical fall bills, an average of 34 hcf was established, therefore, it is recommended to charge 161-34 = 127 hcf at the tier one rate. This results in a recommended abatement in the amount of ($357.28). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 1 Hunt Road - APPROVED Customer filed for an abatement after receiving bill #665039. Homeowner states a garden hose connector failed during the night leaking water down the driveway until morning. The average usage for the same period is 46 hcf. The overage of 17 hcf is recalculated at tier one rates with no sewer. This results in a recommended abatement of ($131.16). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 3 Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 IRRIGATION THROUGH DOMESTIC METER 27 Battlegreen Road – APPROVED Customer filed an application for abatement based on excess water used for irrigation. The homeowner had a new irrigation system installed but did not run it off a separate meter. By applying the methodology of establishing an average usage of 12 hcf for the same billing period and considering 30% of the usage in excess of the average to be supplemental domestic usage, staff recommends an abatement in the amount of ($1,957.45). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 15 Blueberry Lane – APPROVED The owner applied for an abatement on bill #661606 which was higher than usual because of a leak in the skimmer box of the swimming pool. It is acknowledged that a leak of this nature did not enter the sewer system. The homeowner supplied a service order from Guarino Swimming Pool Service that references the work done to repair the leak. Based on past 3 year average usage of 88 hcf, the remaining 37 units are calculated at the tier one rate with no sewer charges. Staff recommends an abatement of ($774.81). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 68 Locust Street – APPROVED The owner applied for an abatement on bill #662646. After the billing, they realized that an outside sill cock they had used heavily this summer is not included in the separately metered irrigation system. The homeowner states they will not use that sill cock in the future. Based on a 3 year average usage of 78 hcf, 70% of the excess usage of 40 units (28) is charged at the Irrigation Rate. Staff recommends an abatement in the amount of ($419.16). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 27 Maple Street – APPROVED The homeowners had a irrigation system installed and unbeknownst to them, one sill cock was inadvertently connected to the domestic meter rather than the irrigation meter. The customer had dozens of plantings installed and unknowingly watered them through the domestic meter. The situation was corrected and the sill cock was connected to the irrigation meter in December 2009. Bill #630098 dated 9/15/2009 was abated in the amount of ($233.61). This request is to apply an irrigation abatement to the balance of the outside watering done after the 9/15/09 reading which is reflected on bill #643482. Based on a three year average usage of 6 hcf on the domestic meter and applying the 70% allowance, an abatement in the amount of ($467.06) is recommended. Staff also recommends the abatement of any interest that accrued on this bill. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 4 Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 2 Partridge Road – APPROVED Customer filed an application for abatement based on excess water used for irrigation on bill # 671679. Homeowner had no idea how much water was being used and will pursue having an irrigation meter installed in the spring. Homeowner also understands this is a one time abatement opportunity. Based on policy, the methodology of establishing an average usage of 63 hcf and considering 30% of the usage in excess of the average to be supplemental domestic usage, staff recommends an abatement of ($400.04). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 53 Peacock Farm Road - APPROVED An application was filed due to extensive outside watering. The homeowners had over 200 plantings/trees installed in the spring which required heavy watering through the dry summer. They plan to have a dedicated irrigation meter installed next spring and understand that this is a one time abatement opportunity. Given that the customer has very little history to compare, it seems reasonable to average the previous three usages to establish the household's inside usage of 24 HCF. By applying water and sewer rates to 24 hcf and the irrigation rate to 70% of the remaining 60 hcf, an abatement of ($378.76) is recommended. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 33 Prospect Hill Road – APPROVED Customer filed for an abatement on bill #672565 due to high use of irrigation system on his domestic meter. The three year average usage for the same billing period is 67. The customer understands that this is a one time abatement opportunity and that he needs to install an irrigation meter in order to take advantage of irrigation rates in the future. After applying the irrigation rate to 70% of the excess usage, staff recommends an abatement of ($778.44). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 11 Ridge Avenue - APPROVED The homeowner watered a newly seeded lawn this summer and has applied for an irrigation-based adjustment. Based on a three year average usage of 39, an excess usage of 48 is established. Accordingly, 70% of the excess, or 34 hcf, are billed at the irrigation rate. An abatement in the amount of -$320.52 is recommended. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. BILLING ISSUES 23 April Lane - APPROVED The homeowner applied for an abatement after it was discovered that the account had been overestimated for years. The meter was changed on 10/19/10 with an outread of 5476, while the last 5 Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 23 April Lane… estimated read was 5961. EJ Prescott tested the meter and it tested well within industry standards. A recalculation was done going back to 4/8/05 because that was the most recent postcard reading. Staff recommends an abatement in theamount of ($7,321.55). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff’s recommendation. 7 Fairfield Drive – HELD This application was withdrawn for further staff review. 1061-63 Massachusetts Avenue - HELD This application was withdrawn for further staff review. 42 Maple Street - HELD This application was withdrawn for further staff review. 29 Peacock Farm Road – APPROVED The representative of the condo association applied for an abatement of bill #646569. It is a water service for a pool and bath house that is shut off all winter. Furthermore, though the reading was the same as the last reading, Munis inexplicably charged for 47 hcf; bill #646569 s/h/b zero. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 37 Winthrop Street – APPROVED This account was billed in error a flat sewer fee of $330.36 on bill #664657. The rate code has been deactivated and the account will not be billed such in the future. Staff recommends a full abatement of this erroneous charge. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 38 Ward Street – APPROVED The owner applied for an abatement on bill #670846 because she is eligible for the 30% rate subsidy as confirmed by Emily Levine, Asst Director of Family and Human Services. An abatement of ($113.85) is recommended by staff. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. REVISIT 7 Blossomcrest Road – APPROVED It was discovered during a site visit that the domestic and irrigation meters are reversed resulting in incorrect billing of both accounts. Because this reversal was the Town's error, we will only go back to the most recent bill. By applying the water/sewer rate to this domestic usage, a positive 6 Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 February 10, 2011 7 Blossomcrest Road… adjustment in the amount of $471.88 results. Coupled with the irrigation abatement of ($336.92), a net recommended increase of $134.96 results. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff’s recommendation. 3 Patricia Terrace – APPROVED The homeowner filed for an abatement on 5/25/2009 after receiving bill #616959. On 4/8/2010, WSAB voted not to offer an abatement in the absence of evidence of a leak or other qualifying event but we failed to inform the customer. However, in the course of reviewing this file on appeal, it was suggested that we redistribute the high outread on 8/21/2007 of 85 hcf. Staff recommends an abatement in the amount of ($429.17). Members of the board rejected the staff recommendation. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to recommend a further abatement in the amount of $677.63, the difference between the approved amounts of $1,244.46 and $625.53. The following meeting dates were agreed upon: March 17, 2011 March 24, 2011 It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to adjourn the meeting at 6:15 PM. Respectfully submitted, Robin Fullford Fund Manager 7