CITY COUNCIL MINUTES

 

OCTOBER 25, 2007

 

 

The meeting was called to order by President Pleasant at 7:00 p.m.

 

MEMBERS PRESENT:  Mr. Marshall, Ms. Sellers, Mr. Fogt, Mr. Pleasant, Mr. Reams, Mr. Gore    EXCUSED:  Mr. Burke

 

OTHERS PRESENT:  Director of Administration House, Finance Director Morehart, Law Director Aslaner, Clerk Patterson

 

REPORTERS PRESENT:  Ryan Horns – Journal Tribune

 

OTHERS PRESENT:  Alan Seymour, Chris Schmenk, Deborah Groat, Kathy Young, Jim Wing, Mr. & Mrs. Todd Murphy, Wayne Young, Dan Daum

 

APPROVAL OF MINUTES:  Ms. Sellers asked for the minutes to be amended to show her excused instead of absent due to personal reasons.  There being no further additions or corrections, the minutes for the meeting on October 11, 2007 were approved as amended.

 

There being no additions or corrections, the minutes for the meeting on October 16, 2007 were approved as written.

 

ADMINISTRATIVE REPORT:  Ms. House reported that the bids for excavation of the reservoir were opened.  Beaver Excavation was awarded the project for $6.7M.

 

Mr. Marshall asked if the Wastewater Treatment Plant was on schedule.  Response was yes.  The tunneling machine arrived last week.  Things are going very well. 

 

Mr. Reams asked if construction on the reservoir would begin this year.  Response was yes.  Adelsberger Road excavation work is done, just needs to be cleaned up. 

 

REPORT OF CLERK OF COUNCIL:  Clerk Patterson received a request for a liquor permit for Alvarez 1, LLC, dba Mangos Tex Mex, 435 Coleman’s Crossing Blvd., for a D5I liquor permit, which is spirituous liquor for on premises consumption only, beer and wine for on premises and off premises in original sealed containers until 2:30 a.m.  Council had no objections.

 

REPORT OF PLANNING COMMISSION:  Mr. Alan Seymour reported that Dominion Homes extended their preliminary plat for the far north end of Mill Valley.  Planning Commission continues to work on updating the zoning code.  There were no Design Review projects this month. 

 

Mr. Marshall commented on an email he had received from Mr. Phillips regarding the proposed Cook development.  Mr. Seymour said the development came before Planning Commission as a sketch plan.   There was lengthy review on the plan and in general, it was well received by Planning Commission, however, there was some hesitation on the residential plans.  There will be further discussion in the future.  Mr. Marshall expressed concern for the amount of proposed retail, when the Master Plan calls for mostly office.  He’d like to see the City adhere to what the Master Plan has designated for that area, mostly office and less retail.  He noted the sketch plan shows 50% of the development is scheduled for retail and 18% for office.  He asked that Planning Commission take a serious look at the plans. 

 

Mr. Reams said the Master Plan calls for that area to be an office park.  Years ago, a consultant for the County criticized the City for their planning where they put a large amount of housing close to the interchanges, because the best uses for the places that employers like to have are easy access to those interchanges.  Looking at the parcels that are available for employment, it’s basically the last one and he hates to see the last parcel be used for commercial when the Plan calls for office use. 

 

Mr. Seymour said often times when the development comes to Planning Commission, the land is already zoned, so their hands are tied.  The land was recently annexed and still has township zoning. 

 

Ms. Sellers agreed that they need to take a very close look at this development.

 

Mr. Seymour asked if that Master Plan was still the way we want it today.  They are working with the tools that they have, and that’s the present Plan.

 

Ms. Sellers stated she hoped that Administration is updating the Plan according to the Resolution passed.

 

Mr. Gore said he has a hard time dictating the way the developer has to develop his land.  He would rather go through the process and if there are questions, discuss them at that time.  Everyone needs to keep an open mind. 

 

Mr. Seymour said the Plan does come to Council from Planning Commission, so they’d like to bring them a project that Council is already aligned with.  Mr. Gore suggested having a joint work session to discuss this development. 

 

Mr. Marshall asked if there had been any inquiries on the East Pointe Plaza.  Mr. Seymour said no plans have come to Planning Commission.  Ms. House said there had been inquiries, but nothing has come of them.

 

HEARING OF CITIZENS:  No comments.

 

RESOLUTIONS

 

“A RESOLUTION TO APPROVE THE CONTINUANCE OF ENTERPRISE ZONE TAX INCENTIVE AGREEMENTS WITH VARIOUS COMPANIES AND TO REPORT SUCH FINDINGS TO THE OHIO DEPARTMENT OF DEVELOPMENT” was presented for third reading, title only.  Mr. Reams moved to pass the legislation and the question put, stood

Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall   ABSTAINED  Ms. Sellers  YES  Mr. Fogt  ABSTAINED  Mr. Pleasant  YES 

 

Resolution 17-07 passed.

 

“A RESOLUTION TO APPROVE AN AMENDMENT TO THE ENTERPRISE ZONE AGREEMENT BETWEEN THE CITY OF MARYSVILLE, UNION COUNTY, AND BDKM, LTD. AND PREMIER PRINTING OF CENTRAL OHIO, LTD. AND AUTHORIZING THE MAYOR TO ENTER INTO SAID AGREEMENT” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES

 

Resolution 18-07 passed.

 

“RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY” was presented for second reading, public hearing.  Mr. Marshall moved to waive the reading in full; affirmative voice vote was unanimious.  Mr. Fogt moved to waive third reading, title only and the question put, stood:

 

Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES  Mr. Gore  YES

 

Mr. Marshall moved to pass the legislation and the question put, stood:

 

Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES

 

Resolution 19-07 passed.

 

The resolution “TO ACCEPT THE CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3032 AND DECLARING AN EMERGENCY” was presented for first reading, title only.  This contract has Administration’s recommendation for approval.  Mr. Fogt moved to pass the emergency and the question put, stood:

 

Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES

 

Emergency passed.

 

“A RESOLUTION OF ACCEPTANCE OF THE STRATEGIC PLAN FOR THE CITY OF MARYSVILLE” was presented for first reading, title only.  Mr. Gore noted that Mr. Fogt had a concern related to the Action Plans.  Mr. Gore feels strongly that any of the Action Plan issues have to come before Council.  These Action Plans are an outline on how to go about achieving the goals.  He feels it’s important that the City have a Strategic Plan in place.  It’s a living document and can be amended as we go along. 

 

“RESOLUTION DECLARING INTENT TO APPROPRIATE PERMANENT EASEMENTS FOR A WATER RESERVOIR PROJECT” was presented for first reading, title only.  Ms. House said this is the only unresolved easement.  She feels this will be resolved and this resolution will not be necessary, but in the essence of saving time, just in case, thought it best to start the Resolution process.

 

ORDINANCES

 

The ordinance “TO APPROPRIATE $152,526 FROM UNAPPROPRIATED GENERAL FUNDS FOR A TRAFFIC STUDY FOR THE CITY OF MARYSVILLE, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS EXPENDITURE” was presented for third reading, title only.  Mr. Gore moved to pass the legislation and the question put, stood:

 

Mr. Pleasant  YES  Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES

 

Ordinance 54-07 passed.

 

The ordinance “TO APPROPRIATE $5,000.00 FROM THE UNAPPROPRIATED DUI INDIGENT DRIVERS’ TREATMENT FUND FOR TREATMENT SERVICES FOR INDIGENT DRIVERS AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENDITURES” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood:

 

Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES

 

City Council Minutes

October 25, 2007

Page 5

 

Ordinance 55-07 passed.

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS IN STREETS, SANITATION AND STORMWATER FUNDS AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRIATIONS” was presented for third reading, title only.  Mr. Marshall moved to pass the legislation and the question put, stood: 

 

Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES

 

Ordinance 56-07 passed.

 

The ordinance “TO APPROPRIATE $220,000 FROM UNAPPROPRIATED WATER FUNDS FOR DEBT SERVICE EXPENDITURES, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENSES” was presented for third reading, title only.  Mr. Reams moved to pass the legislation and the question put, stood:

 

Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES  Mr. Gore  YES

 

Ordinance 57-07 passed.

 

The ordinance “TO ACCEPT DEDICATION OF PARK LAND IN SCOTT FARMS FROM M/I HOMES OF CENTRAL OHIO” was presented for third reading, title only.  Mr. Reams asked the Law Director what would happen if Council doesn’t accept this?  Mr. Aslaner said you would be violating the terms of the Final Plat.  The Final Plat says this land is to be dedicated.  It is Mr. Aslaner’s opinion that the park land has to be accepted.  Mr. Reams asked if that is the case, why then is it required to come before Council? 

 

Mr. Seymour explained back in 1996, City didn’t have the park system they now have.  The developer had the option of paying money per lot or dedicating land.  At that time, land was desirable.

 

Mr. Reams was on Planning Commission in 1996 and recalls the discussion.  Green space was required.  He doesn’t want to confuse green space with park land.  Green space was required to be provided but doesn’t necessarily have to be maintained by the City.  M/I had agreed there would be a Homeowner’s Association.  Everyone will agree that this is not a park; it’s a landscaped strip of land between Scott Farms Blvd. and what used to be the Radlinsky property.  He said Parks and Rec made some recommendations that they didn’t want to accept small parcels for public maintenance.

 

Mr. Fogt stated that he was not happy with this dedication, as well as the next dedication on the agenda.  Mr. Fogt would like any park land dedicated in the future, to be developed by the developer. 

 

Mr. Marshall is not in favor of accepting this.  It is not a park; it’s just buffer zone green space. 

 

Mr. Gore said we can say 11 years later that it wasn’t a very good deal, but it was a deal.

 

Mr. Aslaner stated it has to be considered that the City has been maintaining that property for the past two years. 

 

Ms. Sellers asked if all challenges had been explored.   Are there any kinds of challenges that can be made to a final plat based on information gained after the fact?  Mr. Aslaner said I guess there could be, but he’d have to know what she was specifically talking about.  She explained that Mr. Reams was sitting on Planning Commission at the time and asked if he didn’t receive all the information that he needed at that time?  Mr. Reams said it was not a process where they came to one meeting.  This happened over a period of years from the time they first presented a drawing of their ideas to what they actually proposed later to develop to then what happened here.  That whole process spanned several years.  Mr. Reams was on Council by the time it came through.  He said he can go by the minutes of the meeting and the discussion at the earlier meetings where they talked about providing a Homeowner’s Association and things like that.  He doesn’t know if that was just a detail that was missed.  There is a lot of information on there.  Members typically look more at the drawings and the layout and sometimes those notes don’t get as much attention.   Ms. Sellers asked if there was an active homeowner’s association out there now.  (Ms. House’s response was inaudible.)

 

Mr. Marshall moved to pass the legislation and the question put, stood:

 

Ms. Sellers NO   Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  NO   Mr. Gore  YES  Mr. Marshall  NO

 

Legislation failed.

 

The ordinance “TO ACCEPT DEDICATION OF PARK LAND IN THE WOODS AT MILL VALLEY” was presented for third reading, title only.  Mr. Reams moved to pass the legislation and the question put, stood:

 

Mr. Fogt  YES  Mr. Pleasant  YES  Mr. Reams  YES  Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES

 

Ordinance 58-07 passed.

 

The ordinance “TO APPROPRIATE $575,000 FROM UNAPPROPRIATED WATER FUNDS, AUTHORIZING A TRANSFER OF $575,000 FROM THE WATER FUND TO THE WATER INCREMENTAL CAPACITY FEE FUND, TO APPROPRIATE $575,000 FROM UNAPPROPRIATED WATER INCREMENTAL CAPACITY FEE FUNDS TO PAY FOR THE RAW WATERLINE MAPLE-MAIN CONTRACT FOR THE WATER RESERVOIR, AND MODIFYING THE ANNUAL OPERATING BUDGET AS A RESULT OF THESE ADDITIONAL APPROPRIATIONS” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO AMEND SECTION 1146.16, SIGNS IN ER, SR, R-1, R-2, R-4 AND R-5, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  A Public Hearing will be held on November 15, 2007 at 7:00 p.m.

 

The ordinance “TO AMEND SECTION 1137.23(m), GOVERNMENT USE DISTRICT, SIGNS PERMITTED, OF THE CITY OF MARYSVILLE PLANNING AND ZONING CODE” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  A Public Hearing will be held on November 15, 2007 at 7:00 p.m.

 

The ordinance “TO ACCEPT THE DEDICATION OF EASEMENTS AND PUBLIC UTILITIES FOR SHEPHERD’S LANDING AND DECLARING AN EMERGENCY” was presented for second reading, public hearing.  Mr. Fogt moved to waive reading in full; affirmative voice vote was unanimous.  Mr. Fogt suggested waiving third reading in order to get this through so work can begin.  Mr. Reams questioned whether Council wants to take on this infrastructure without going through the whole legislative process.  Mr. Gore stated the City has inspected and done everything possible related to this property.  He feels the City has been cautious along the way.  Mr. Reams didn’t feel there would any inconvenience to the people living in the area if it isn’t passed this week.   Ms. House said the City could not begin working on the project right away due to other commitments.  Mr. Fogt moved to waive third reading, title only and the question put, stood:

 

Mr. Pleasant  YES  Mr. Reams  NO   Mr. Gore  YES  Mr. Marshall  YES  Ms. Sellers  YES  Mr. Fogt  YES

 

Motion failed.

 

The ordinance “TO APPROPRIATE $4,863.23 FROM UNAPPROPRIATED GENERAL FUNDS FOR CITY SAFETY EXPENSES FOR THE ANNUAL COUNTY HEALTH FAIR, AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THESE EXPENDITURES” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO APPROPRIATE $967,000 FROM UNAPPROPRIATED WATER IMPROVEMENT & REPLACEMENT FUNDS FOR THE FUNDING OF THE CONSTRUCTION ENGINEERING SERVICES CONTRACT FOR THE RESERVOIR PROJECT AND MODIFY THE ANNUAL OPERATING BUDGET AS A RESULT OF THIS ADDITIONAL APPROPRIATION FOR THE PAYMENT OF THIS CAPITAL EXPENSE” was presented for second reading, public hearing.  Mr. Marshall moved to waive reading in full; affirmative voice vote was unanimous.

 

The ordinance “TO AMEND PART FIVE, GENERAL OFFENSES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for first reading, title only.  Mr. Pleasant explained that this legislation is a result of work done by the Ad Hoc Committee.  This legislation has to do with sexually oriented offenses and/or child victim oriented offenses.  This legislation prohibits offenders from living within 1000 ft. of schools, pre-schools, library, child daycare and city parks.  Mr. Aslaner added that this applies to everyone who is considered a sexual offender.  There are different degrees of offenses.  A list will be sent to City Council Members.  This legislation expands restrictions that are already set by the Ohio Revised Code.  This legislation, once passed, will be come effective on January 1, 2008. 

 

The ordinance “AUTHORIZING APPROPRIATION TRANSFERS AND ADDITIONAL APPROPRIATIONS, AND MODIFYING THE ANNUAL BUDGET IN ACCORDANCE WITH THESE APPROPRATIONS” was presented for first reading, title only.  Mr. Morehart said this is the annual appropriation transfers which will take care of any shortages that have been identified. 

 

The ordinance “TO AMEND SECTION 1319.05, EXTERIOR APPEARANCE OF PREMISES AND STRUCTURES, OF THE CODIFIED ORDINANCES OF THE CITY OF MARYSVILLE” was presented for first reading, title only.  Mr. Pleasant explained that the purpose of this legislation is to prohibit parking a vehicle in the front yard.  A front yard is defined in the legislation.  Mr. Fogt commented that this change is good for the appearance of the City. 

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

1.     Parks & Recreation Representative – No report.

 

 

Utility Claims Board of Appeals Hearing – Todd Murphy.

 

Mrs. Todd Murphy addressed Council.  On the morning of April 23, 2007, Mr. Murphy received a call from a hospital in Indianapolis to come immediately to the hospital for a lung transplant.  Mrs. Murphy accompanied her husband, and they both stayed at the hospital until she returned home on Friday, May 18th, for the weekend.  Mr. Murphy was released on Tuesday, May 22.  Mrs. Murphy and her son returned to the hospital on that day to bring him home.  She was only home from May 18th to May 22nd.  No one stayed in their home from April 23rd to May 18th.  Murphy’s son, Ryan, stayed at the home of a caregiver until Mrs. Murphy came home on May 18th. 

 

The June 6th water bill stated the Murphy’s had used 6,790 c.f. of water for the period of May 2nd until June 4th.  No water was used from May 2nd to May 18th because no one was home. 

 

The Murphy’s submitted paperwork with the Utility Claims Board and a hearing was held on September 14th.  They informed the Board of a huge discrepancy in the amount of water in which they were billed from May 2 to the June 4th time period.  They informed the Board and submitted letters from a neighbor, Wayne Young, Ryan’s caregiver, who did enter their home from time to time to pick up clothes for Ryan, a letter from Mr. Murphy’s doctor and one from Mr. Murphy’s brother, Richard Murphy, who came to the Murphy’s home on May 3rd, when Stanley Steamer cleaned their carpets and duct work.  The letters stated that no water was running inside or outside their home.  Also, Mrs. Murphy stated that Stanley Steamer uses their own water. 

 

The Board held that the meter had to have been correct and somehow the Murphy’s used 6,790 c.f. of water.  They do not have a swimming pool or anything that would take that much water.  Mr. Daum of the Water Department said that a toilet could have been running and used that amount of water.  Mr. Young was in the Murphy’s home on a regular basis and heard no water running.  No one else in the home heard any water running.  If the toilet had been running, how would it have shut itself off. 

 

Mr. Daum offered to remove their water meter and inspect it for a fee of $25.00.  Mr. Murphy chose not to have that done since the meter at that point was working, and removing it would not prove the discrepancy. 

 

The Murphy’s feel the meter may have jumped 6,000 c.f. and added that to the reasonable amount of 790 c.f. for that billing period.  Their average water usage is 950 c.f. based on annual usage. 

 

The Board decided not to grant adjustment to their utility bill.  Murphy’s were informed they could take their case to City Council. 

 

The Murphy’s paid their bill in full ($333) when it was due.  Their typical utility bill is approximately $100.  They asked Council to approve crediting their account for the 6,000 c.f. of water usage.

 

Mr. Wayne Young addressed the Board.  He verified that he was in the Murphy house on a regular basis.  He was watching the house, taking in the mail, etc. He was in their house every day while they were gone with the exception of Sunday.  He did a walk-through to make sure all the doors were secure.  He walked around the house to make sure everything was secure.  While in the home, he heard no running water.  On several occasions, he walked to the bathrooms just for that purpose.  He heard no water running.  He is well aware of how meters and remote meters work..  With the water meter reading one thing and the remote reading the same thing, that’s what the utilities have to go by.  He neither heard nor observed water running inside or outside the home.   He said one comment was made to the Murphy’s that he took offense to.  They eluded to the fact that they might check the neighbors to see how green the neighbor’s lawn was. 

 

Mr. Gore noted from the meter readings given to him in the packet of information, the readings were consistent prior to and since, but it was that one month that it jumped.  He doesn’t understand how the meter would malfunction one time.

 

Mr. Young said he doesn’t understand with no one in the home, that that much water could go thru the meter. 

 

Mr. Daum of the Water Department addressed Council.  He showed Council two types of meters, an old style and a new style.  The Murphy’s have the old-style meter in their home.  He explained the mechanics of both meters. 

 

He feels bad for the Murphy’s with what has happened here, but he gets in a lot of homes where people have high bills and finds a lot of toilets that have malfunctioned.  The Murphy’s used 50,789.2 gallons for the month they were gone; that went through that meter.  That is equivalent to 6,790 c.f. of water.  He showed Council a tool that shows how much water can go through a hole of that size in a day.  It’s a 1/8” hole, and 3,600 gallons can go through that hole in a day at 50 PSI.  Murphy’s have about 55 PSI at their house, according to the fire hydrant.  With a ¼” line to the toilet, which is normal for a house, it would take 3.8 days for that much water to pass through the toilet.  Mr. Daum said the meter will never record anything setting there; it’s got to have less of a pressure on one side of it for it to record.  No electricity is needed.  Regarding Mr. Young’s comment on the remote readers; they do have remote readers that get off sometimes, but the Murphy’s meters do agree.  If it wouldn’t have agreed, they would have taken it out and replaced. 

 

Mr. Reams said there was a comment made that the meter could have jumped 6,000 c.f. and asked how could that happen on a meter like that?  Mr. Daum said he’s never seen it happen and he’s been around 30 years, but there is always a first time for everything.  Would have to see if it happens again down the road.

 

Mr. Daum called Stanley Steamer to find out how much water is used when they clean carpets.  He was told they do use the resident’s water. 

 

Mr. Daum said the biggest problem when people use a large amount of water is the toilet. 

 

Mr. Marshall asked Mr. Daum to walk through the process to rule out the chances of the meter jumping 6,000 c.f.  Could it be human/clerical error where someone just punches a wrong number or writes a wrong number.  Mr. Green stated that on the type of meter that Mr. Murphy has, the meter reader has to type the numbers into his hand-held computer.  The meter is on the side of the house.  When the Utility Department sees a big increase in water usage from what is typical of that resident, they call Mr. Daum or Mr. Ferguson to go out and double check the reading to be sure the wrong number was not put in the computer.  They go out and compare those two numbers inside and outside.  If the meter reader had typed the wrong number outside on the hand-held computer, it wouldn’t match the number on house.  The reading that they put in the hand-held computer did match the reading on the house and inside the house.  Mr. Daum went out to see Mr. Murphy after they got their bill and confirmed that the meter reader was right. 

 

Mrs. Groat addressed Council.  She feels it’s more likely that a toilet was left running for 3.8 days between April 23rd and May 22nd with neighbors, a caregiver and a service company entering the home, than that the meter malfunctioned and then returned to proper functioning with no repair being (inaudible).

 

Mr. Murphy addressed Council.  The bill was for usage from May 2nd to June 4th.  If that amount of water went thru the meter in 3.8 days, when did it start, when did it end?  Did it shut off by itself after 3.8 days?  He feels the water meter can malfunction. 

 

Mrs. Murphy believes if a toilet was running, someone would have to do something to it to stop it from running.  No one who was in their home did that.    Mrs. Murphy said they wouldn’t go to this much trouble if they didn’t feel there was a problem. 

 

Mr. Young asked Mr. Daum, with that amount of water going through the system, would you not hear it? 

 

Mr. Reams said Mr. Daum said you could use that amount of water in 3.8 days if that was left fully open, but it could be running at a lower rate, have a slower leak and it might take two or three times as long.  It may be less noticeable. 

 

Mr. Young said he’s had leakage in his bathrooms before, just a small amount going through and he can hear it.

 

Mr. Marshall commented that he once had a water bill double in a month’s time and it was at a non-peak season where there was no exterior watering.  They found his toilet was leaking and it wasn’t audible.  It was the seal that started to degrade and erode and water was coming in that wasn’t audible.  So it is possible for a toilet to leak and not hear anything.  That problem could not fix itself. 

 

Mr. Pleasant said since that high reading, readings have run anywhere from 740 to 820 and prior to that time ran from 440 to 850.  At no time was it over 900. 

 

Mr. Marshall said unless Stanley Steamer has changed its policy in the last year, they used his water when they cleaned his carpets. 

 

Ms. Kathy Young, a local realtor, addressed Council.  Two or three months ago, her neighbor realized her water faucet was on all day and her water bill increased by $50.00 for one day.  She assumed it was a disgruntled tenant because she has rental properties.  She called the police to report it, so it could be happening to other people. 

 

Mr. Marshall mentioned in the information, the Murphy’s offered a compromise to pay for 1,570 c.f., which was the highest water bill they’ve had in the past few years.  That was for a month that they did landscaping at their home. 

 

Mrs. Murphy said if there had been a slow leak, one that was inaudible, what happened the following month because they didn’t fix the toilet.  What happened and why isn’t it still leaking?

 

Mr. Green noted as a point of reference, if Council should decide to do some kind of compromise, due to summer sewer credit, the sewer portion of the bill has already been adjusted down to their average usage, so he asked that any compromise that Council may work out would be on the water portion of the bill and not on the entire bill.

 

Mr. Pleasant reminded everyone that November and December Council meetings will be held on the first and third Thursday, so the next Council meeting is November 1st, at which time Council will render a decision. 

 

COMMENTS OF THE MAYOR AND COUNCIL PERSONS AND GENERAL DISCUSSION

 

Ms. House encouraged everyone to attend Fall Frolic uptown, on Friday, 10/26, 5:00 to 9:00 p.m.

 

ADJOURNMENT:  There being no further business to come before Council, the meeting adjourned at 8:25 p.m.