Commissioners Meeting Minutes 12/18/2001

Present: Chairman Danette Gonsalves, Clerk Gary Sinclair, Superintendent Craig Wiegand, Senior Administrative Assistant Deborah Fuller, Secretary, Carol Connor

Meeting called to order at 5:30PM by Chairman Gonsalves.

Bill schedules were reviewed and signed by Board members.

New service applications were signed for:

6 Connecticut Avenue

6 James Road

18 Church Street

The Walter Gonsalves service applications for 483 and 485 Main Street were tabled so further information and an opinion could be obtained from the Planning Board. Mr. Gonsalves would like to put 2 services in one trench due to space limitations, as a gas service will be installed on the opposite side. Mr. Wiegand stated that the services could be sleeved and an easement would need to be obtained. Mr. Sinclair made a motion to hold the applications for further input. The motion was seconded by Mrs. Gonsalves. Unanimous vote to approve.

Appointment: Mr. Anthony Gray, 177 Main Street, request for an abatement. (Service #3834). Mr. Gray stated that they had a leak at the meter which is located in a pit. There was no change in water pressure so they had no indication of the leak He said he called the department when he received his bill and was told he may have a leak. The department later informed him that he indeed did have a leak. Mr. Gray spoke to Mrs. Fuller regarding the fact that the department should have noticed that his consumption was much higher and checked the situation out before he received the bill. Mr. Gray stated that 2+ months had passed from the time his meter was read and the time he received the invoice. Mrs. Fuller agreed and said she would deduct the amount of water used from the reading date to the date the department found the leak. Mrs. Fuller stated she agreed with Mr. Gray except that it was for Ohm of the consumption. The reading at the time of the leak shows a consumption of 148,000 gallons, divided evenly would be 74,000 gallons. Mr. Sinclair asked if Mr. Gray had replaced the pipe from the pit to the house. Mr. Gray replied that he had replaced some, but not all of it. Mr. Sinclair explained that the pipe is the homeowneris responsibility, not the responsibility of the Water Department. Mr. Sinclair would like a letter sent to Mr. Gray strongly suggesting the replacement of all the pipe between the pit and the house. Mr. Sinclair suggested that more figures be obtained from the office so this can be discussed further. The Water Department will inform Mr. Gray of a decision.

Selectmen Peter Hughes and Peter Luddy came before the Board to discuss water consumptions and water rates. Mr. Hughes feels a lot of water is being used by irrigation systems. Those systems could perhaps be charged at higher rates as the Town is paying to treat the water that is being used on lawns. There are significant water projects proposed for this Town, according to Mr. Hughes, and financial help is being requested to help support these endeavors. Mr. Luddy stated that the Board of Selectmen has approached the director of the golf course and the harbormaster and asked for financial help from them in raising revenues also. Mr. Sinclair stated that when an item is placed on the capital plan it should have already been decided how it is going to be paid for. The Water Department turns back more revenue than its budget each year according to Mr. Sinclair. Mr. Sinclair suggested that an enterprise fund would allow the department to become self-sustaining and would not need to rely on tax support. The rates would take care of improvements also. Mr. Hughes stated the costs of running the department including benefits and vehicle replacement all have to be considered

An opinion should be obtained from Town Counsel to see if this is allowed by the Enabling Act. Mr. Sinclair stated he is more concerned about the waste of water rather than consumptions. A water conservation plan needs to be implemented. The biggest user is the Town itself, and Mr. Sinclair would like to see all town irrigation systems turned off, except for perhaps Whitehouse Field. He would also like to see infrastructure improvement worked on. Mr. Wiegand said a tiered rate structure needs to be looked at, along with summer and winter rate structures. Mr. Sinclair suggested that private wells be installed for irrigation systems. If an enterprise Fund is implemented then an entity could be paid to the Town per Mr. Hughes. Mrs. Gonsalves stated that the miscellaneous charges were increased last year in an effort to raise revenues. Mr. Hughes stressed the need for creative financial thinking, and he gave the Board authorization to check into an enterprise system or any solutions that can help. If an enterprise system is created you could still go to the town for money but it would be hard to do per Mr. Sinclair. Setting a number for irrigation charges would be hard but it could be done per Mr. Sinclair. An opinion from Town Counsel should be obtained as to whether or not the department would need to approach town meeting for a vote or if the Enabling Act covers an enterprise system. Hearings will have to be held on rate structures. A suggestion was made by Mr. Sinclair that all irrigation installers need to be registered with the town, and perhaps this can be done under the conservation bylaw which has already passed town meeting.. Mr. Sinclair made a motion to request an opinion from Town Counsel regarding MGL Chapter 44, Section 53F-1/2 and the Enabling Act, and what the department needs to do to become an enterprise fund. Mrs. Gonsalves seconded the motion. Unanimous vote to approve.

Rate tiers were discussed and suggestions were made about going from 50,000 to 100,000, 100,000 to 200,000, 200,000 to 400,000, and over 400,000 gallons. Billing dates of September, October, and November would be billed at peak rates, and March, April and May would be billed at off-peak rates.

Mr. Sinclair asked that the Chairman of the Board set the agenda for each meeting from now on, and that the agenda be ready for the Friday before the meeting and that the agenda not change once set.

Minutes: A motion was made by Mr. Sinclair to approve the minutes of November 6, 2001 as corrected, and the minutes of December 4, 2001 as written. The motion was seconded by Mrs. Gonsalves. Unanimous vote to approve.

Mr. Sinclair made a motion to move John McCarthy to the step of secondary treatment operator as the Superintendent has recommended. Mrs. Gonsalves seconded the motion. Unanimous vote to approve.

The abatement commitment/period ending 11/30/01 was signed by Board members.

Superintendent's report. Mr. Wiegand stated there has been a change since the report was written. Northern Data System, the billing software company, has experienced several "glitches" again this week on the "new" version, and he feels this is not satisfactory. Mr. Wiegand suggested contacting Town Counsel to see if our money can be returned as the system is still not working properly. Mr. Sinclair made a motion to have the Superintendent contact Town Counsel regarding the possibility of litigation against Northern Data System for breach of contract and how to proceed further so that we have an operational system. Mrs. Gonsalves seconded. Unanimous vote to approve.

Also, due to scheduling conflicts D. L. Maher Co. will not be able to be here until mid-January to start repairs on well #9.

Mrs. Gonsalves brought up a request for an abatement from Mr. Charles Hart of the Salt Meadow Motel. Mr. Sinclair requested a copy of the last 3 years of usage so as to further discuss this at the next meeting also.

Other: Mr. Sinclair brought up a problem that Bruce Cahoon, Assistant Superintendent, is having with the Harwich Police Department not filling detail requests. He asked for a letter to be sent to Chief Mason expressing our concerns and asking for his help in solutions. A copy of this letter needs to go to the Board of Selectmen, Town Administrator, and Director of Highways per a motion by Mr. Sinclair. Mrs. Gonsalves seconded the motion. Unanimous vote to approve. Mr. Sinclair said he will discuss this problem with Sheriff Cummings if necessary, to use the Sheriffis Department if the Harwich Police Department cannot fill the coverage. If the road has a number on it, we can request details from the county or state police departments. It was also suggested by Mr. Sinclair to look into using flagmen, but it is believed that the police union prohibits this. This would save the town money. Detail rates need to be studied before a decision is made.

Budget reviewed and discussed by Board members.

Meeting adjourned at 7:45PM.

Danette Gonsalves, Chairman
Donald T. Bates, Jr., Vice Chairman
Gary Sinclair, Clerk
Craig Wiegand, Superintendent
Carol M. Connor, Secretary

posted: 12/18/01