Commissioners Meeting Minutes 06/24/2003

Present: Chairman Donald T. Bates, Jr.; Vice Chairman Danette Gonsalves, Clerk George Cavanaugh, Superintendent Craig Wiegand, Town Administrator Wayne Melville, Secretary Carol M. Connor

Chairman Bates called the meeting to order at 8:15 AM.

Bill schedules signed as presented.

Service Applications signed:

1. 340 Queen Anne Road

George Cavanaugh made a motion to approve the minutes of June 10, 2003 as written. Donald Bates seconded the motion. The vote was unanimous to approve.

Appointment:

8:30: Woodlands area residents - Several neighbors in the Woodlands development appeared before the Board to request some type of water spigot in the triangle area of Tody Bole and Beriah Brooks Roads in their development which they plant and maintain. This area is town owned land and is under the jurisdiction of the Board of Selectmen, therefore they will have to go to that Board to see if they would approve setting up a tap and spigot for watering purposes. The residents stated they would be willing to pay for the cost of installation of the equipment and for the water they use. They were asking the Water Commissioners support in pursuing this request further. Mr. Wiegand offered to have the Water Dept obtain an estimate for the residents.

8:45: Peter Stagg - Mr. Stagg is contesting a high consumption and charge on his water bill. The Board had a history of usage at Mr. Stagg's property and noted that this high consumption has happened previously. When asked about this Mr. Stagg stated that he was washing everyone's car that came in for service in the early 1990's. Then his car wash started developing problems and jumping off the track. It was repaired according to an invoice dated 05/08/01, that Mr. Stagg had and pipes were replaced at that time. On 08/09/01, an arm broke on the machine and he stated that he has not used it since, but now uses a hose to wash cars. Mr. Stagg claims that he did not use the amount of water stated on the bill sent to him and that the meter was wrong. As stated in previous minutes, the meter had been removed and tested by an independent lab. It was found to be 99% accurate, therefore, the Board maintains that the reading on the meter is correct. The Appellate Court date is July 29, 2003, in the meeting room at Barnstable Municipal Airport.

Superintendent's report. Mr. Wiegand added that the bylaw for irrigation should include mandatory rain sensors, and should include a penalty clause.

Discussion with Geoff Weigman - The F/Y '97 statute of limitations is due to expire and needs to be renewed. Also a legal interpretation of what is covered and not covered is needed. George Cavanaugh questioned where the money is going to come from in the end to equalize past practices. Original cost of land, equipment, and plants, etc. needs to be considered per Mr. Weigman. This is still a town agency per Mr. Cavanaugh, and would be even as an enterprise fund. The Board needs to obtain a legal opinion and guidance. Per Mr. Melville there is a letter coming from town counsel stating that the costs are not recoupable. Water revenues have been very close in past years according to figures computated by the Town Accountant. It is up to Town Meeting, along with the Water Commissioners, Town Administrator, and Town Accountant to determine what charges are to be charged back. Question raised that if this was an enterprise fund who would determine how long, and how much other departments would charge the Water Dept. Cross charging can become a problem, but a multiplier determined ahead of time could be used per Mr. Melville, and then adjusted as necessary. In the billing process, should the town be billed as a one whole object or should each department be charged separately? The schools would definitely be the largest consumer. Per Mr. Melville, subsequent to the enabling act a town meeting was required, and no record ever found of that.

Discussion regarding funding repairs to Route 39 tank. Go ahead and fund project through the stabilization fund due to emergency conditions per Mr. Melville. George Cavanaugh made a motion to have Superintendent Wiegand follow through with obtaining this funding. Danette Gonsalves seconded the motion. Unanimous vote to approve.

Per Mr. Wiegand, on the recent bid for supplies the specifications were changed to reflect a better value and pricing for the Department.

Meeting adjourned at 10:00 AM.

Donald T. Bates,Jr., Chairman
Danette Gonsalves, Vice Chairman
George Cavanaugh, Clerk
Craig Wiegand, Superintendent

posted: 06/23/03