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HomeMy WebLinkAbout2011-01-20-WSAB-minMinutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 Approved 2/10/2011 Attendance: Board Members — Maria Constantinides, Member; Jim Osten, Member, Loren Wood, Chair (arrived at 4:55 pm) 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. Maria Constantinides called the meeting to order at 4:36 pm. The order of business was as follows: It was moved by Ms. Constantinides, seconded by Mr. Osten and voted unanimously to approve the minutes of the September 23, 2010 meeting as presented. Rob Addelson reported to the board that Selectman Hank Manz took the lead for the Board of Selectmen (BOS) on deciding the 5 Bowser Road appeal. On December 6, 2010 the BOS voted to approve an abatement in the amount of $4,445.25. Ms. Constantinides asked if the BOS wants WSAB to develop a policy relevant to their decision. Mr. Addelson responded they do not. Members of the BOS felt the Town had some culpability in this particular case and understand that their handling of it is a departure from WSAB's policy. Mr. Addelson also reported his belief that the BOS will handle the abatement appeal from 44 Greenwood Street in much the same manner. Abatement requests for consideration: 42 Adams Road - Approved This application was filed in response to an uncharacteristically high usage on bill #668493. The homeowner called a plumber who found and repaired a leaking toilet. A copy of the invoice was provided. Staff presented aleak -based abatement recommendation in the amount of - $264.36. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff's recommendation. 9 Barberry Road - Approved The homeowner filed an application for abatement after receiving bill #659636 which was higher- than - usual. The homeowner provided a plumber's invoice for the repair of three malfunctioning toilets. Staff presented a leak -based abatement recommendation in the amount of - $179.70. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 3 Chase Avenue - Approved The owner discovered a malfunctioning toilet which he had repaired by a plumber (see attached invoice) on 8/26/10. The 3 year average usage is 36, therefore the entire 51 hcf used should be billed at the tier 1 rate. Staff presented an abatement in the amount of ($64.41). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff recommendation. 5 Clematis Road - Approved The homeowner discovered his humidifier was malfunctioning. RC Cooling &Heating replaced the solenoid valve to the water line on the humidifier and corrected the constant flow of water (see invoice for repair). The homeowner was unaware of the problem. The 3 year average usage is calculated to be 84 hcf and the excess water is billed at the tier one rate. Staff presented aleak -based abatement in the amount of ($1,238.28). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff's recommendation. 14 Cliffe Avenue - Approved Homeowner applied for an abatement based on an unusually high water bill. A plumber identified and repaired a leaking toilet on the first floor (see repair bill). Based on a three year average usage of 26, a leak -based abatement in the amount of - $112.20 is recommended by staff. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff's recommendation. 287 Emerson Road - Approved The homeowner applied for an abatement upon receiving their fall bill. They assumed the high spring bill was an estimate for the year. Staff visited the site and adjusted 4 toilets at high level and reported to the customer that two other toilets are in need of replacement parts. Those toilets were turned off. On November 30, 2010 Freiner Company repaired a toilet and two sink faucets. Based on a three year average usage of 58 hcf, the excess of 129 hcf is calculated at the first tier rate. Staff presented aleak -based abatement in the amount of ($1393.84). Board members agreed that the late filing of the abatement application was acceptable due to delayed recognition of a leak. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff recommendation. 16 Estabrook Road - Approved The owner filed for an abatement because of excessive usage on bill #655787 dated 5/2/10. Staff visited residence and observed a toilet leaking badly at the tank. The homeowner had towels on the floor to absorb the water. WSAB put the application on hold until the homeowner repaired the leak. Subsequent usage is down to 52 which is a little over her average usage, indicating the leak has been fixed. Staff contacted Ms. Weiss who confirmed she hired a plumber and had the toilet fixed but is not sure she can find a copy of the bill. In this calculation, we follow the methodology accepted for a 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 2 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 similar leak at 156 Vine Street in 2010 where the leaked water did not enter the sewer system by charging water only (no sewer) at the lowest tier on leaked water. A leak -based abatement in the amount of ($3,205.41) based on a three year average usage of 44 is recommended. Bill #655787 has been paid in full along with $162.42 in interest. Staff recommended further abating interest which should not have accrued while the bill was in dispute. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff recommendation. 9 Field Road - Approved Homeowner applied for an abatement based on an unusually high water bill. Upon receiving the bill, she called a plumber who identified and repaired a leaking toilet on the first floor. The homeowner provided a copy of the repair bill. Based on a three year average usage of 26, a leak -based abatement in the amount of - $112.20 is recommended by staff. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 14 Hamblen Street - Approved The owner passed away recently and his daughter is now handling his bills; she was previously unaware of this bill. Board members agreed that the late filing of the abatement application was acceptable due to delayed recognition. She applied for an abatement on bill #639132 for excessive usage due to a malfunctioning toilet. She has provided a bill from the plumber. Based on a 3 year average of 33 HCF for the same billing period, a leak -based adjustment of $333.56 is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 10 Ingleside Road - Approved The owner discovered a silent leak in a toilet. She called a plumber who replaced the flapper (bill provided). Applying the 3 year average usage of 47 hcf, an abatement in the amount of ($850.12) is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff's recommendation. 103 Lincoln Street - Approved The homeowner applied for an abatement on bill #627152 on June 12, 2009 and made a good faith payment. Staff visited on 6/15/09 and discovered a silent toilet leak on the first floor that the homeowner had been unaware of. The prior three year average usage is 42 hcf, therefore, the excess water usage of 29 is being charged at the tier one rate. Staff recommends an abatement in the amount of ($177.95). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 181 Marrett Road - Hold After receiving a high bill #662985, the homeowner had a plumber repair a toilet that had a silent leak. Homeowner will try to find the invoice from the plumber. Based on an average usage of 24 hcf, and calculating all usage at the first tier, an abatement in the 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 3 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 amount of ($59.10) was presented. Members of the board agreed to put this application on hold until the homeowner can provide a repair bill. 20 Bird Hill Road — Approved The owner applied for an abatement of bill #662410 for excessive usage on their irrigation account due to a leak that was caused by a Town contractor when the water service was renewed in the fall of 2009. Mike Flamang with the Engineering Department confirmed the damage to the sprinkler head. The leak was discovered when the irrigation system was put back into service during the summer of 2010. Considering the Town's culpability, staff recommended forgiving all water usage in excess of the 3 year average of 43 hcf and an abatement in the amount of ($482.76). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff's recommendation. 18 Blueberry Lane -Hold 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 1 rate with no sewer charges. Staff presented an abatement of ($774.81). Calculation errors were found and this application was put on hold for further review. 1 Hunt Road - Hold The 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 excess usage of 17 hcf to be billed at Tier 1 rates/ no sewer. Calculation errors were found and this application was put on hold for further review. 7 Blossomcrest Road - Hold It was discovered during a site visit that the domestic and irrigation meters are reversed resulting in incorrect billing of both accounts. By applying the water /sewer rate to the domestic usage, a positive adjustment in the amount of $2,482.93 results. Coupled with the irrigation abatement of ($861.75), a net increase of $1,621.18 results. Members of the board discussed the practice of calculating how much a customer should have been billed over a period of years when the under billing is a result of an error on the Town's part. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to limit the number of billing periods to be recalculated to one when the Town is at fault as in this case. This abatement application will be recalculated and resubmitted to the board. 11 Eliot Road - Approved An irrigation meter was installed on 4/12/2010 along with a new domestic meter on this account. The readings on the two accounts were reversed on bill #s 664845 and 664846. 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 4 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 The irrigation meter s /h/b billed for 98 hcf and the domestic meter s/h/b billed for 47 hcf. An abatement in the amount of ($533.13) was presented. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff's recommendation 2 Fairlawn Lane — Approved The irrigation meter at this residence was improperly installed in 2008. The water for irrigation has also been registering on the domestic meter since then. The usage on the irrigation meter has been deducted from the domestic usage and the bills have been recalculated. Staff presented an abatement of ($3,353.30). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff recommendation. 17 Boulder Road — Approved This property is on the freeze up list but the freeze up adjustment was not applied to the Spring 2010 bill. By deducting the amount of the average freeze up usage of 47 from the total usage of 109, staff presented an abatement of ($845.12). It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff's recommendation. 275 Concord Avenue — Approved The homeowner applied for an abatement of bill #645860 because the account is on the freeze up list but the adjustment was not made at the time of 2010 spring billing. 33 Dawes Road — Approved Customer filed an application based on the use of their domestic meter to irrigate plantings. The house is new construction and customer contends this was the first time irrigation was used. Application states a second meter has been requested and will be installed. The customer understands that this is a one time abatement opportunity. 10/15/09 reading was estimated and 4/13/10 reading was submitted on a postcard and captured usage from the previous period. The 3/26/09 usage of 24 was averaged with the 4/13/10 usage of 75 resulting in a derived usage of 47. That 47 was averaged with the 4/7/08 usage of 45 and 4/2/07 usage of 44 to derive an average usage of 45. Utilizing the formula approved in the Policies and Procedures of Water /Sewer Usage Charges, to adjust 70% of the excess usage, an abatement of ($813.43) is recommended by staff. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 8 Foster Road — Approved The homeowner applied for an abatement on bill #665198 because it is higher than usual. She also asked us to replace her meter because it was clicking. Staff reread the meter on 12/6/10 and got a reading of 5 which is consistent with the 10/13/10 reading of 3. In the absence of evidence of a leak, and recognizing the extremely dry summer past, no abatement is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 5 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 15 Goffe Road - Approved The owner applied for an abatement of bill #662497 because an error was made in entering the postcard read for this billing. The postcard read was 910 but it was entered in error as 958 resulting in a higher than usual water /sewer bill. The customer reread the meter on 11/16/2010 at 917, which confirms the original postcard reading. Recalculating the usage of 60 hcf results in staff recommending an abatement of ($865.04). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff's recommendation. 30 Hilltop Avenue — Approved The homeowner qualified for a rate subsidy during calendar year 2010, but was not adjusted accordingly. Applying a 30% discount to bills # 663250 and 645575, an abatement of ($60.11) is recommended. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to accept staff s recommendation. 4 Lexington Avenue — Approved An application was filed due to a high bill ( #662652). The homeowner read his meter on 12/2/10 at 1830. Staff confirmed reading on 12/13/10 of 1831, indicating the reading used for the billing was in error. A calculation of average daily usage derived a usage of 11 hcf for the 175 day billing period. Staff recommends an abatement in the amount of ($561.81). It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff's recommendation. 532 Lowell Street - Approved The homeowner applied for an abatement on bill #667168 which was higher than usual because they admittedly watered heavily this summer. They have never applied for an abatement in the past and understand this irrigation -based abatement would be a one time opportunity. By establishing their 3 year average usage of 46 hcf, 70% of the excess usage to be billed at irrigation rate only is 42 hcf. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff s recommendation. 195 Massachusetts Avenue - Approved The owner of this commercial account applied for an abatement on bill #655552 which is a duplicate billing on a newly established account. It was billed 4/29/10 on bill #647010 based on a usage of 168 hcf. The account was erroneously billed again on 5/28/10 for a sewer charge less a $50.00 water quality sampling discount in error. A full abatement in the amount of ($1,862.16) is recommended. It is further recommended that all interest that accrued on this erroneous bill be abated. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff's recommendation. 72 Meriam Street — Approved The owner applied for an abatement on bill #668720 for his irrigation account. A clerical error was made on a final bill and the previous owner was not charged for 13 hcf. Additionally, the meter reading was reset to zero in error causing the new owner to 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 6 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 be charged from zero to the billing reading of 412. The homeowner actually used from 362 (the final reading) to 412 or 50 hcf. An abatement in the amount of ($2,157.52) is recommended. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff recommendation. 2 Nowers Road — Approved - Negated 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 usage. By establishing an average usage per billing and redistributing that usage over 6 billing periods, an abatement of ($1,655.84) is recommended. It was recommended that the customer be informed of the availability of a payment plan. It was moved by Mr. Osten, seconded by Ms. Constantinides and approved unanimously to accept staff's recommendation. However, it was discovered after the meeting that the calculation contained an error. This abatement request will be recalculated and represented to the board on February 24, 2011. APPEAL 3 PATRICIA TERRACE Mr. Peter Zmuidzinas was on hand to appeal WSAB's 4/8/2010 decision to deny an abatement. He filed an application for abatement on May 9, 2009 on bill # 616959 due to excessive usage. He subsequently filed an application for abatement on November 13, 2009 after receiving bill # 630374 also due to excessive usage. His letter states that there are no leaks and that he believes the new meter is faulty. Staff visited the home on June 17, 2009 and did not find any leaks. A reading of 0182 was obtained indicating that 62 hcf had been used since the last reading on 3/17/09. The usage at subsequent billings on 4/02/10 and 9/22/10 was back down to historical usage. The current meter was installed on 8/21/2007 and has produced automatic touch pad readings since then. Mr. Zmuidzinas stated that he did not receive a 15 day letter advising him of the board's decision. He called the billing office when he received a lien notification in December. Mr. Addelson explained the abatement procedure to him and apologized on behalf of the Town for not following procedures of notification in his case. Mr. Zmuidzinas maintained that he and his family have not made any changes in their water use pattern and the fact that his most recent two bills have been consistent with historical low usage indicates they did not use the water being contested. Mr. Meehan explained how meters operate and their level of accuracy. He explained that we could test the meter but we would expect it be within industry standards. Chairman Wood stated that inconsistent usage is not sufficient to consider an abatement and that the board has never recommended an abatement because a customer felt he /she did not use the water. 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 7 20 2011.doc Minutes Lexington Water and Sewer Abatement Board 201 Bedford Street Lexington, MA 02420 January 20, 2011 Mr. Addelson told Mr. Zmuidzinas that he has a right to appeal to the Board of Selectmen (BOS), however, in the absence of tangible evidence that can be corroborated; he would expect the same reaction from BOS. He asked Mr. Zmuidzinas if we had the meter tested, would he accept the results. Mr. Zmuidzinas stated nothing, including meters, is infallible and he would not be convinced by a meter test. Staff will make an appointment to read the touch pad while Mr. Zmuidzinas reads the meter in the house to establish that they are in sync. Mr. Meehan will compare bills from Arlington (from which Mr. Zmuidzinas' residence is fed) for the contested period of time and report any anomalies. After Mr. Zmuidzinas left the meeting, it was agreed that staff will prepare a redistribution abatement on Bill # 577345 dated 8/21/2007 when the outread on the replaced meter was high but an abatement was not sought. This will be presented at the next WSAB meeting. Captain Parker Arms Appeal This abatement appeal will be heard at the next meeting of WSAB. It was agreed that staff will meet, perform a full review of the case, and make a recommendation to WSAB. The next two meetings of the board will be held on February 10, 2011 and February 24, 2011. It was moved by Ms. Constantinides, seconded by Mr. Osten and approved unanimously to adjourn the meeting at 7:20 PM? Respectfully submitted, Robin Fullford Fund Manager 11/21/201 ICADocurnents and SettingsArnaguire \Local Settings \Temporary Internet Files \OLK105 \Approved Minutes January 8 20 2011.doc